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HomeMy WebLinkAboutPacket Jul 22 2014WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-274 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Joshua Fleischmann 711412014 7/22/14 Natural Resources Cotmnittee Division R 711412014 Dept. Head: 711412014 Prosecutor Purchasing/Budget: Executive: Jack Lows -T TITLE OF DOCUMENT: Forestry Advisory Committee No net -loss of forest land memorandum to County Council. ATTACHMENTS. 1) Memo to Council 2) No net -loss offorest land memo SEPA review required? ( ) Yes (X) NO SEPA review completed? ( ) Yes (X) 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 mustprovide the language for use in the requiredpublic notice. Be specific and cite RCWor 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 County's website at: www.co.whatcom.wa.us/council. WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax �r�coM co �QstIINO'C�? Memorandum 3.E. "Sam" Ryan Director TO: Whatcom County Council FROM: Joshua Fleischmann, Planner THROUGH: Mark Personius, Long Range Planning Manager DATE: July 14, 2014 SUBJECT: No net -loss of forest land The Forestry Advisory Committee (FAC) was formed by the County Council with the purpose of providing review and recommendations to the Whatcom County Council on issues that affect the forestry industry. Of primary concern to the FAC is the loss of forest lands, specifically working forests. The attached memo from the FAC details the concern of the committee with regards to the loss of forest land, how much land has been removed from the forest land base and measures that can be taken to achieve no net -loss of working forests. Members WHATCQM Making the Comprehensive Plan COUNTY a reality by evaluating/addressing: Gerry Millman ✓ Land use conflicts Herb Barker ✓ Regulations Aubrey Stargel/ FORESTRY ✓ Enforcement Gordon Iverson ADVISORY Short and long term forestry issues Rod cofdahl Greg Zender COMMITTEE The FAC — Seeking to Phil Cloward (FAC) improve forestry Sharon Westergreen management in Gary Tones Whatcom County Max Perry David Klingbiel Memorandum July 22, 2014 To: The Honorable Whatcom County Council From: Gerry Millman, Forestry Advisory Committee Chair Subject: No net -loss of forest land The Forestry Advisory Committee (FAC) was formed by the County Council, pursuant to Ordinance # 2013-014, with the purpose of providing review and recommendations to the Whatcom County Council on issues that affect the forestry industry. The committee has been meeting since October 2013. At the first meeting, the committee had a discussion about the concerns of the forestry industry. A primary concern of the committee was the loss of forest lands, specifically working forests. It is the desire of this committee to emphasize the difference between "forest land" and "working forests". The Growth Management Act defines forest lands as "land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance". Forest lands, as defined by Whatcom County, are "land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing" (emphasis added). 3 While the GMA definition touches on it, neither of the above definitions really explains the concept of "forest land" in a way that directly informs the forestry industry. The forestry industry relies on a working forest - that is, a forest which is actively managed to provide a balance of social, ecologic, and economic products and values.' A stand of trees does not make a working forest; it is the use of those trees that creates the working forest that is essential to the forestry industry. For this reason, the County's definition of forest land does not provide the Council with informative data about the health of one of the County's key industries. This is apparent when looking at the actual numbers: by the County's definition, there has been only minimal change in the private and public (National Forest, state forest land, and county park) forest land base in Whatcom County in the last 20 years. Why? Because there are still trees there. However, in reality, the working forest land base has been reduced by approximately 64 percent in the same time periodz. The bulk of this loss resulted from the Northwest Forest Plan. However, the past two decades has seen further reduction in land available for timber harvesting due to many other statutory factors, including, but not limited to, the Endangered Species Act, zoning changes, changes in land use designations, and changes in forest and fish regulations. Also, many timber stands have become preserves in the last two decades and are removed from the working forest base. Even within the working forest, there is now some land that cannot be harvested due to the required buffers and the reality that the remaining ground is simply too steep for forestry activity. As a result of this shrinking land base, most of the available land in private ownership has been harvested and is in a period of regrowth, further reducing the available commercial timber within the County. A viable forest resource economy is dependent upon the presence of forest related industries and activities, including, but not limited to, processors, equipment sales and repairs, supply stores, and trucking firms. Because 1 Certainly forests can be managed for particular exclusive objectives, such as wildlife habitat, watershed protection, or lumber. A "working forest," however, is managed for multiple benefits. For instance, a diverse, actively managed, working forest will inevitably result in a diverse, healthy wildlife population. 2 Whatcom County zoned Rural Forestry and Commercial Forestry land constitutes roughly 223,500 acres, while National Forest land (excluding wilderness and recreation areas) constitutes roughly 208,000 acres in Whatcom County, for a total of roughly 431,500. Under the Northwest Forest Plan, the roughly 208,000 acres of National Forest land has not been available for harvest. An additional - 17,347 acres has essentially been removed from available forest land by zoning changes ("35 acres), reconveyance (-9,000 acres), ownership by conservation groups (^3,201), County Parks (-3,469), other County ownership (-63), State Parks (-665), State Department of Fish and Wildlife (-361), and the City of Bellingham (-553) resulting in a roughly 52% decrease in land available to support the timber industry. Industry representatives estimate an additional 25% of the remaining land (-51,538 acres) is removed from the available forest land due to buffers for streams, steep slopes, etc. If all of these factors are taken into account, they would cumulatively account for an approximate 64% reduction in the forest land base. 2 n these activities and related industries depend on a stable forest product economy dependent on maintaining a stable forest land base, the Forestry Advisory Committee asks the Whatcom County Council to adopt a policy of No Net -Loss of working Forestry Resource Lands, similar to the policies in support of Agricultural Resource Lands. Measures that can be taken to achieve no -net -loss of working forests may include: • County Council decisions that consider the impacts to working forests • Land use policies that encourage active management plans on Rural Forest lands • Mitigation for loss of forest lands from productivity • Land use policies that recognize the multiple values of working forests and respect the rights and responsibilities of private and public forest landowners • Education programs that emphasize recognition that wood is a renewable natural resource • Public and institutional education programs that promote the benefits of working forests • Champion the implementation of the Northwest Forest Plan and completion of individual forest plans in order to re -balance the social, economic, and ecological benefits and products on a national forest specific basis • Create a process to ensure that timber management plans submitted as part of the Open Space Timber Land Current Use tax program are implemented, or remove property from program • Oppose downzoning of designated forest lands The Forestry Advisory Committee appreciates your consideration. 5 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-255 CLEARANCES Initial tq Date Received in Council Office Agenda Date Assigned to: (� 07108114 Intro Originator. �� (C <<.> ( ' iC:`; \`� U L_- - �-== 07122114 Finance Division Head. Committee; JUL1 W �-I i y M COUNTY Council Dept. Head: Prosecutor: - COUNCIL Purchasing/Budget: 27 Executive: TITLE OF DOCU T: 2014 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 $15,201 in the Sheriffs Office to fund ballistic armor plates from grant proceeds. 2. To appropriate $2,000 in the Sheriffs Office to fund marijuana eradication operations from grant proceeds. Mental Health /Chemical Dependency Fund. 3. To appropriate $589,943 in Health to fund enhanced and expanded Behavioral Health Services. 4. To appropriate $33,062 in Health to fund Mental Health Court staff position. Trial Court Improvement Fund: 5. To appropriate $10,000 to fund transfer for Courtroom minor remodeling. Administrative Services Fund. 6. To appropriate $10,000 in Facilities to fund minor remodeling in Superior Courtroom Dept. 2. 7. To re -appropriate $130,000 in Information Technology for pictometry project. COMMITTEE ACTION. • COUNCIL ACTION. 7/8/2014: Introduced 7-0 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 0 SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DATE: 07/08/14 ORDINANCE NO. AMENDMENT NO. 13 OF THE 2014 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 followina additional amounts to the 2014 budqet included therein: Fund Expenditures Revenues Net Effect General Fund Sheriff 17,201 (17,201) - Total General Fund 17,201 (17,201) - Mental Health / Chemical Dependency Fund 623,005 - 623,005 Trial Court Improvement Fund 10,000 10,000 Administrative Services Fund 140,000 (65,500) 74,500 Total Supplemental 790,206 (82,701) 707,505 In addition, Exhibit B to the 2013-2014 Budget Ordinance entitled "Authorized Positions" should be amended to provide for the following FTE change: • Add 1 FTE Mental Health Court Program Manager in Health ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPR ED AS TO FIRM: Civil Deputy Prosecutor 2014. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Chair of the Council ( ) Approved ( ) Denied -Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2014—Suppl\Supplementa1 #13-2014.doc 7 WHATCOM COUNTY Summary of the 2014 Supplemental Budget Ordinance No. 13 Net Effect to Increased (Increased) Fund Balance (Decreased) Decreased (Increase) Department/Fund Description Expenditure Revenue Decrease General Fund To fund ballistic armor plates from grant Sheriff proceeds 15,201 (15,201) - Sheriff To fund marijuana eradication operations from rant roceeds 2,000 (2,000) - Total General Fund 17,201 (17,201) Mental Health / Chemical Dependency Fund To fund enhanced and expanded Health Behaviorial Health Services 589,943 - 589,943 Health To fund Mental Health Court staff position 33,062 - 33,062 Total Mental Health / Chemical Dependency Fund 623,005 623,005 Trial Court Improvement Fund To fund transfer for Courtroom minor 10,000 10,000 remodeling Administrative Services Fund To fund minor remodeling in Superior Facilities Courtroom Dept 2 10,000 10,000 - re -appropriate funding for pictometry Information TechnologyTo project 130,000 (55,500) 74,500 Total Administrative Services Fund 140,000 (65,500) 74,500 Total Supplemental 790,2061 707,505 0 FF W 11 L : ' M CmOO Sd d4 T Y �E PARKS ERI i OFFICE uNDERSHERIFF wART EDGE jLL ELFO SHERIFF CHIEF DEPUTY PUBLIC SAFETY BUILDING CHIEF DEPUTY 311 Grand Avenues ��� Bellingham. WA 98225-4078 (360) 676-6650 CHIEF INSPECTOR VVENDYJONES CHIEF OF CORRECTIONS ��»� MemorandumRs TO: Jack Louws, County Exec 've FROM: Sheriff Bill Elfo t JACK COUNIFY �. DATE: June 9, 2014 SUBJECT: Supplemental Budget ID #1874 SO Grant COB 2014 JAG — Ballistic Armor Plates The attached Supplemental Budget requests budget authority to use funds from the City of Bellingham 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) to purchase enhanced ballistic protection plates for Sheriff's Office Special Response Team. Background and Purpose The continued trend of violent attacks on innocent citizens at schools and public venues around the country reaffirms that law enforcement personnel must be prepared and equipped to deal with armed suspects in order to effectively mitigate threats to the public. It is essential that the Whatcom County Sheriff's Office Special Response Team (SRT) members have sufficient ballistic resistant armor plates to protect them from advanced weapons including high caliber rifles. The City of Bellingham will administer 2014 Edward Byrne Memorial Justice Assistant Grant and provide the Sheriff's Office with $15,201 to upgrade current ballistic protection plates and purchase enhanced ballistic protection plates in an effort to improve officer safety. Funding Amount and Source Funding of $15,201 will be provided by the City of Bellingham 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Funds, CFDA No. 16.738. Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions. Thank you. Our Vision The Office of Sheriff: Dedicated to making Whatcom County the Safest in the: State through Excellence in Public Sai9y. Status. Pending Supplemental Budget Request Sheriff Administration Supp'l ID # 1874 Fund 1 Cost Center 1003514004 Originator. Dawn Pierce Expenditure Type: One -Time Year 2 2014 Add'I FTE O Add'I Space Cl Priority 1 Name of Request. SO Grant COB 2014 JAG - Ballistic Armor Plates Depa d Signature (Required on Hard Copy Submission) Date Costs: Object Object Description 4333.1673 Byrne JAG Grant 6320.001 Office & Op Supplies Request Total Amount Requested ($15,201) $15,201 $0 la. Description of request. The continued trend of violent attacks on innocent citizens at schools and public venues around the country reaffirms that law enforcement personnel must be prepared and equipped to deal with armed suspects in order to effectively mitigate threats to the public. It is essential that the Whatcom County Sheriffs Office Special Response Team (SRT) members have sufficient ballistic resistant armor plates to protect them from advanced weapons including high caliber rifles. The Sheriff's Office will use grant funds to upgrade the current ballistic plates and purchase enhanced ballistic plates in an effort to improve officer safety. 1b. Primary customers: Whatcom County Sheriff's Office SRTmembers. 2. Problem to be solved: The Sheriff's Office requires budget authority to purchase body armor with 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Funds. 3a. Options /Advantages: The Sheriffs Office will use grant funds rather than local funds to purchase ballistic protection plates. 3b. Cost savings: Cost savings of $15,201 4a. Outcomes: Enhanced ballistic protection plates will be purchased. 4b. Measures: 5a. Other Departments/Agencies: The City of Bellingham will administer the grant and provide $15,201 to Whatcom County Sheriff's Office to purchase body armor. 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: $15,201 from City of Bellingham 2014 Edward Byrne Memorial Justice Assistance Grant Program Funds, CFDA No. 16.738. Monday, June 09, 2014 Rpt: Rpt Suppl Regular 10 ITH TC M COUNTY SHERIFF'S E BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98P-25-4078 (360) 676-6650 Memorandum TO: Jack Louws, County Executive FROM: Sheriff Bill Elfo DATE: June 18, 2014 SUBJECT: Supplemental Budget ID# 1876 WSP Marijuana Eradication Grant 2014 JEFF ,P<S UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADVVICK CHIEF DEPUTY S''. COOLEY CHIEF INSPECTOR WENDY JOKES CHIEF OF CORRECTIONS The attached Supplemental Budget requests revenue and expenditure budget authority for Washington State Patrol Marijuana Eradication Grant 2014. Background and Purpose The Washington State Patrol awarded $2,000 to Whatcom County Sheriff's Office for marijuana eradication in 2014. Funds will be used to purchase operating supplies and small tools and equipment needed by the Northwest Regional Gang and Drug Task Force for use in marijuana eradication operations. Funding Amount and Source $2,000 Federal Domestic Cannabis Eradication/Suppression Grant (CFDA No. 16.000) from Washington State Patrol. Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions. Thank you. Our Vision: The Office of Sheriff: Dedicated to malting Whatcom County the Safest in the State 'through .Excellence in Public SlAy. Supplemental Budget Request status: Pending Sheriff Administration ,,;,PP ! 0 4- 137�, Fund 1 Cost Center 1003513005 Originator. Dawn Pierce Expenditure Type: One -Time Year 2 2014 Add'I FTE Add'I Space Priority 1 Name of Request: WSP Marijuana Eradication Grant 2014 x Deparlmer& Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4333.1603 Marijuana Eradication ($2,000) 6320 Office & Op Supplies $1,000 6510 Tools & Equip $1,000 Request Total $0 1 a. Description of request. Federal funds support annual activities associated with locating and eradicating illicit cannabis plants. The allocation for 2014 will be used to purchase operating supplies and small tools and equipment needed by the Northwest Regional Gang and Drug Task Force for use in marijuana eradication operations.. 1b. Primary customers: Members of the Northwest Regional Gang and Drug Task Force and citizens of Whatcom County. 2. Problem to be solved: There is evidence that trafficking in controlled substances exists and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of Washington. The Washington State Patrol (WSP) provides funding to law enforcement agencies to support the locating and eradication of illicit production of marijuana. Detection, deterrance, and eradication activities support the goals and objectives of the Justice Assistance Grant (JAG) funded Northwest Regional Gang and Drug Task Force and are part of our multi -faceted strategy for combating gang -drug criminal activity in Whatcom County. 3a. Options /Advantages: Grant funds will pay for supplies and equipment that would otherwise have to be purchased with local dollars or not purchased at all. 3b. Cost savings: $2,000.00 4a. Outcomes: Items needed will be purchased by September 30, 2014. 4b. Measures: 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: Funding from the Washington State Patrol. These funds originate from the Federal Domestic Cannabis Eradication/Suppression Grant, CFDA No. 16,000. Wednesday, June 18, 2014 Rpt: Rpt Suppl Regular 12 WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Memorandum TO: Jack Louws, Executive FROM: Regina Delahunt, Director DATE: June 23, 2014 Regina A. Delahunt D i recto r Greg Stern, M.D. Health Officer 'V E JUN 2 3 20 4 ,JACK LOUWS RE: Supplemental Budget Request — Behavioral Health Fund Two supplemental budget requests are attached for your consideration. One establishes the Mental Health Court, and the second increases the authorization for behavioral health contract services. A portion of the funding for these supplemental budgets is from available revenues within the Behavioral Health Fund, with the remainder from available accumulated fund balance in that fund. As of the beginning of 2014 a $5.4 million fund balance has built up since the fund was established in 2009. Of that total $3 million is in reserve for construction purposes (the triage center) and the remainder is available to fund services in the community. The attached spreadsheet shows the long-term plan for this fund. This plan assumes that this year the program will reach full implementation and over the next few years we will work to maintain a sustainable program. Mental Health Court: The design of the Mental Health Court has been under development since early in 2013. The program will consist of a Mental Health Court Program Manager as a Health Department employee. The manager will oversee the ongoing operations of the mental health court, will coordinate to work of court team members, provide direct service to court participants, and will ensure the integrity and quality of the program. This request is for a new full time position and necessary office equipment and training costs. Behavioral Health Contract Services: This request for funding is to continue implementation of the strategic plan developed by the Health Department and supported by the Behavioral Health Revenue Advisory Committee (BHRAC). The BHRAC provides oversight and guidance of the expenditures of the Chemical Dependency/Mental Health Program Fund. The BHRAC recommended an increase in programs and services to the previously designed PITA (Prevention, Intervention, Treatment, and Aftercare) Continuum of Care using fund balance that has accumulated during the early years of this revenue source. The Committee strongly recommended that these new services begin this year. Some of these new services reflect a shift in funding from other funds or programs. Housing fund revenues have decreased in recent months, yet the need to continue to support two of our housing programs that serve those with mental health issues remains critical. Therefore, behavioral health funds are replacing some of the housing funds no longer available for these programs. The state statute allows for these behavioral health funds to support housing programs for people living with mental illness and/or substance use disorders. The other funding shift increases local behavioral health funding to the Jail Behavioral Health program. The North Sound Mental Health Administration (NSMHA) reduced their portion of state funding to us for this program because the state legislature decreased their funding for the service. As a result, our local funds will backfill this loss and allow the County to maintain the current jail staffing model. Please let me know if you have any additional questions. 50 9 Girard Street North State Street Bellingham, WA 982 5-4005 PUBLIC HEALTH Bellingham, WA 98225-4551 (360) 676-6724 HEALTHIER WHATCQM COUNTY (360) 676-4593 FAX (360) 676-6771 www.whatcomcounty.us/health FAX (360) 676-6772 13 001 00 r LO r N ro N U C O c LO N O O tl- Ct I` O O LO f- cr 00 M N O N O Cl O LO I� N O N r N d f� ti- N O N N V d ao m c0 O N N Ln � Ln N r- N O co Cl) co O N P- 00 Ln O L M It 00 I- i' 0 rn d- N "e M 00 ;• m � I- O I-- N O IT C) M O N(66-. O i'�000000 N -01d- MIcoI d' "I'm � C�' N CNO "' d Ocp O OO r Ln CO I- cM O r O O 't CM 00 VF P- N CO LO LO Cl)M M N O m ro �_ U m C ro cn CO m N V- I CD >C :3 13fLL > m N �- MIM r O fl- O CO O r O I� O M r O I,- O C4 O r O r O CY) I Cl IZ o E G) U E o r- C N o N � U m �O y L.L N f0 Ccn u Supplemental Budget Request Status: Pending Health Human Services Sups ur,36c Fund 124 Cost Center 124100 Originator. Christy Fowler Expenditure Type: One -Time Year 2 2014 Add'I FTE ILE Add'I Space E Priority 1 Name of Request: Behavioral Health Depart" t Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6610 Contractual Services $589,943 Request Total la. Description of request. $589,943 Enhanced and expanded services planned for the remainder of 2014 require an increase in budget spending authority. These additional services are part of the strategic plan created by the Health Department and supported by the Behavioral Health Revenue Advisory Committee that provides oversight and guidance of the expenditures of the Chemical Dependency/Mental Health Program Fund. These programs and services have been added since the original budget was approved. The Advisory Committee recommended an increase in programs and services to the previously designed PITA (Prevention, Intervention, Treatment, and Aftercare) Continuum of Care since a fund balance was available to support them and the community need for them was well established. The Committee strongly recommended that these new services begin this year. Some of these new services reflect a shift in funding from other funds or programs. Housing fund revenues have decreased in recent months, yet the need to continue to support two of our housing programs remains critical. Therefore, behavioral health funds are replacing some of the housing funds no longer available for these programs. The state statute allows for these behavioral health funds to support housing programs for people living with mental illness and/or substance use disorders. The other funding shift increases local behavioral health funding to the Jail Behavioral Health program. The North Sound Mental Health Administration (NSMHA) reduced their portion of state funding to us for this program because the state legislature decreased their funding for the service. As a result, our local funds will backfill this loss and allow the County to maintain the current jail staffing model. NSMHA has increased Medicaid funding to us in the General Fund to account for this loss to be directed to other activities not noted here. 1b. Primary customers: The four general areas of focus include: 1) Individuals living with mental illness in need of housing assistance, primarily in the form of programs and supportive services that promote sustainable housing. The programs receiving these funds are City Gate program, managed by Pioneer Human Services, and SUN House, managed by SUN Community Services. 2) Youth and their families experiencing behavioral health challenges that negatively impact their academic and social success. Funds are added to the seven school district contracts to ensure on -site mental health services. 3) Individuals who are struggling with Substance Use Disorders and require intensive treatment to promote recovery efforts. Funds will be distributed to our contracted Substance Abuse Treatment agencies in order to expand the array of services needed to support recovery. 4) Individuals incarcerated in our jail whose untreated/under-treated mental illness exacerbates their criminal behaviors. 2. Problem to be solved. These services are being added to the existing Continuum of Care in order to fill gaps in current Monday, June 23, 2014 Rpt: Rpt Supp! Regular 15 Supplemental Budget request Status: Pendinq Health Human Services Supp" l0 # 1360 Fund 124 Cost Center 124100 Originator; Christy Fowigr programs. The shift in funding from housing to behavioral health solves the problem of jeopardizing the sustainability of two comprehensive housing programs. 3a. Options /Advantages: These additional programs and services this will increase access to treatment and improve behavioral health outcomes. 3b. Cost savings: Long-term savings are variable depending upon the services provided. 4a. Outcomes: Each Evidence -based program (EBP) has its own expected positive outcomes. Programs and services that are not specifically EBPs also provide outcome data as required by contract. 4b. Measures: 1) Decrease in number of days homeless and increase in housing stability, as well as improved behavioral health stability 2) Increase in youth and their families utilizing treatment in their community, and experiencing improved behavioral health and academic success 3) Increase in the number of people accessing comprehensive substance abuse treatment 4) Improvement in behavioral health stability of incarcerated individuals, and connection to behavioral health services upon release. 5a. Other Departments/Agencies: The Affordable Care Act (ACA) has increased the number of Whatcom County citizens who have Medicaid or Commercial insurance to cover some of the services previously supported by this fund. The County has begun to experience some cost savings as Medicaid and Commercial Insurance support outpatient mental health treatment. These savings allow us to divert previously budgeted monies to other programs and services. A need to support behavioral health treatment with local funds will continue for those individuals who require comprehensive services not otherwise covered. The magnitude of local support needed is still unknown given the new roll -out of the ACA. Our 2015-2016 budget will reflect this significant shift in health care delivery and payment. By design, the Health Department is planning to increase program costs to exceed expected revenue in 2014. The undedicated fund balance allows for this, and helps provide funding and stability to programs that are transitioning to Medicaid funding in the near future. 5b. Name the person in charge of implementation and what they are responsible for: Anne Deacon, Human Services Manager, and other Human Services division staff. 6. Funding Source: 1/10th of 1% Sales Tax dedicated funding Monday, June 23, 2014 Rpt: Rpt Suppl Regular 16 Supplemental Budget Request Status: Pending Health Human Services Supp" ID # 1 77 Fund 124 Cost Center 124111 Originator: Anne Deacon Expenditure Type: Ongoing Year 2 2014 Add'I FTE Gi Add'I Space ❑ Priority 1 Name of Request: Mental Health Court Departm�' Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested i 6110 Regular Salaries & Wages $21,940 6210 Retirement $1,975 6230 Social Security $1,755 6245 Medical Insurance $4,158 6255 Other H&W Benefits $560 1 6259 Worker's Comp-Interfund $174 6320 Office & Op Supplies $2,000 6780 Travel- Educ/Training i $500 Request Total $33,062 1a. Description of request. The design of the Mental Health Court in Whatcom County is in its final stages, with implementation targeted for year end. An additional FTE, a Mental Health Court Program Manager, is being requested who will have the responsibility of managing the programmatic elements of the Mental Health Court, as well as provide direct service to the court participants. 1b. Primary customers: Whatcom County citizens enrolled in the Mental Health Court 2. Problem to be solved. This is a new program that requires a qualified professional to manage the ongoing operations, coordinate the work of the court team members, provide direct service, and ensure the integrity and quality of the program. 3a. Options /Advantages: An effective Mental Health Court will increase public safety and reduce the use of our criminal justice systems as adult offenders with serious mental illness will receive comprehensive care and judicial oversight. 3b. Cost savings: Current data from the Washington State Institute for Public Policy shows that $6.75 in benefits will result for every $1 spent per participant. 4a. Outcomes: Increased public safety due to reduced criminal behavior. Decreased criminal justice costs. 4b. Measures: In 2014 measures will include the recruitment, hiring and training of a Mental Health Court Program Manager; final design of the Mental Health Court program; and initial implementation of the Court. 5a. Other DepartmentslAgencies: Other Monday, June 23, 2014 Rptr Rpt Suppl Regular 17 Supplemental Budget Request Status: Pending Health Human Services supp7 ID # 1877 , Fund 124 Cost Center 124111 Originator: Anne Deacon 5b. Name the person in charge of implementation and what they are responsible for. Anne Deacon, Human Services Manager, will be responsible for supervision of the Mental Health Court Program Manager and the oversight of the Mental Health Court program design and initial implementation. 6. Funding Source: Chemical Dependency Mental Health Program Fund Monday, June 23, 2014 Rpt• Rpt Supp( Regular im Supplemental Budget Request status: Pending Non -Departmental Suc,o ID �f 18850 Fund 135 Cost Center 135100 Originator. M Caldwell Expenditure Type: One -Time Year 2 2014 Add'I FTE Add'I Space LJI Priority 1 Name of Request. Trf to fund Court minor remodeling X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($10,000) 8351 Operating Transfer Out $10,000 Request Total $0 la. Description of request. Trial Court Improvement Fund Balance will be the funding source for minor remodeling requested by Judge Garrett for her courtroom. See related supplemental #1871, Remodel Space for Judicial Assistant and Court Reporter 1 b. Primary customers: Court personnel 2. Problem to be solved: 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: TCIF fund balance Wednesday, June 25, 2014 Rpt: Rpt Suppl Regular 19 WHATCOM COUNTY ADMINISTRATIVE SEVICES Whatcom County Courthouse 311 Grand Ave, Suite 108 Bellingham, WA 98225-4083 MEMORANDUM TO: Jack Louws, County Executive FROM: Michael Russell Facilities Mana r�� RE: Supplemental Budget Request DATE: June 23, 2014 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 Enclosed for your review is the Supplemental Budget Request form for the minor remodel in Judge Garrett's courtroom. ■ Background and Purpose This purposed work is being done at Judge Garrett's request to improve the security and efficiency within her courtroom. The remodel will include the judicial assistant and the court clerks areas. ■ Funding Amount and Source The funding amount needed for this project is $10,000.00 and will come from the Trial Court Improvement Fund. ■ Differences from Previous Contract This project is a one-time agreement. Please contact Michael Russell at extension 50575, if you have any questions or concerns regarding this request. Enclosures 20 Supplemental Budget Request Status: Pending Administrative Services Facilities Management supp9 w It 1871 Fund 507 Cost Center 50712 Originator: Michael Russell Expenditure Type: One -Time Year 2 2014 Add'I FTE LE Add'I Space ❑ Priority 1 Name of Request. Remodel Space for Judicial Assist & Court Reporter H Deparl(ment Head Signature (Required on Hard Copy Submission) Date f Costs: Object Object Description Amount Requested 7070 Minor Remodeling $10,000 8301 Operating Transfer In ($10,000) -__ .,. ---- Request Total $0 1 a. Description of request. This minor remodel will address some security and efficiency concerns that Judge Garrett has within her courtroom. This work will include modifications to the two workspaces in Superior Courtroom Dept. 2, One for the judicial assistant and the other for the court reporter. 1b. Primary customers: Superior Courtroom Dept. 2 2. Problem to be solved. This minor remodel will address some security and efficiency concerns that Judge Garrett has within her courtroom. 3a. Options /Advantages: This minor remodel will address some security and efficiency concerns that Judge Garrett has within her courtroom 3b. Cost savings: The cost savings will be in efficiencies gained by this remodel 4a. Outcomes: The completion of this work will help to address Judge Garrett's security and efficiency concerns she has with her courtroom. 4b. Measures: The completion of this work will address efficiency and security concerns Judge Garrett has with her courtroom. 5a. Other Departments/Agencies: Whatcom County Facilities Management 5b. Name the person in charge of implementation and what they are responsible for. Michael Russell 6. Funding Source: Trial Court Improvement Fund Monday, June 23, 2014 Rpt: Rpt Suppi Regular 21 WHATCOM COUNTY �P�°°M CO�ti ADMINISTRATIVE SERVICES INFORMATION TECHNOLOGY Whatcom County Courthouse 311 Grand Avenue, Suite 305 �gsyNc°� Bellingham, WA 98225-4038 PERRY L. RICE IT Manager To: Jack Louws, County Executive From: Perry L. Rice, IT Manager Date: June 23 2014 9 Re: Supplemental Budget Request — Re -appropriate Funds for Pictometry 0 Background and Purpose In 2012, Whatcom County entered into an agreement (Contract # 201210015) with Pictometry International Corporation (Pictometry) to acquire digital aerial imagery of western Whatcom County. After evaluating the imagery that Pictometry flew in Spring of 2013, Whatcom County notified Pictometry that the dataset was not acceptable due to too much foliage on the trees and shrubs and payment was withheld. Pictometry performed a reflight in Spring of 2014. The purpose of this request is to reappropriate funds in order to pay for the dataset under contract now that the reflight has been completed. • Funding Amount and Source This supplemental request is to reappropriate $130,000 of the 2013 regional Pictometry budget to 2014. The source of the funding is as follows: Funding Source Amount Regional Partners $80,000 Whatcom County — General Fund $20,000 Whatcom County — Public Works — Flood $15,000 Whatcom County — Public Works — Road $15,000 j Total $130,000 Please contact Perry Rice at extension 52511 or Mike Pelela at extension 50112 if you have any questions or concerns regarding this request. Administration Facilities Management Finance/Accounting Human Resources Information Technology (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 22x (360) 676-6775 Fax (360) 676-6789 Fax (360) 7384553 Fax (360) 738-2521 Fax (360) 676-7727 Supplemental Budget Request Status: Pending Administrative Services Information Technology Supp l l© 4 1737 Fund 507 Cost Center 507102 Originator. Perry Rice Expenditure Type: One -Time Year 2 2014 Add'I FTE ❑ Add'I Space ❑ Priority Name of Request: Reappropriation of Regional Pictometry Budget X 612912011 Department Head Signature (Required on Hard Copy Submission) Date 1 a. Description of request. In 2012, Whatcom County entered into an agreement (Contract # 201210015) with Pictometry International Corporation (Pictometry) to acquire ortho and obilique imagery of western Whatcom County to add to the existing 2004, 2008 and 2010 datasets. This is a regional cost sharing effort with 15 local government and tribal partners. Interlocal agreements are in place with all of our regional partners. After evaluating the imagery that Pictometry flew in Spring of 2013, Whatcom County notified Pictometry that the dataset was not acceptable due to too much foliage on the trees and shrubs and payment was withheld. Pictometry performed a reflight in Spring of 2014. The purpose of this request is to reappropriate funds in order to pay for the dataset under contract now that the reflight has been completed. 1 b. Primary customers: Primary Whatcom Co. Departments: Public Works & Planning and Development Services Secondary Whatcom Co. Departments: Assessor's Office, Health, Sheriffs Office, Treasurer's Office Regional Partners: Cities, Tribes and other local jurisdictions. 2. Problem to be solved: Funding needs to be reappropriated in the 2014 budget. 2013 budget authority was not used since the imagery provided from the Spring 2013 flight was not accepted and payment was withheld. A partial reflight was completed in Spring 2014. Whatcom County departments and regional partners depend on "current" aerial imagery for critical governmental operations: - Landuse planning and enforcement - Road construction planning and maintenance - Asset management - Property appraisals - Law enforcement situational awareness - Onsite septic system permitting - Court exhibits - Public presentations Ideally, aerial imagery would be acquired every 2-3 years to support the above operations. As imagery ages, it becomes less useful. Wednesday, June 25, 2014 Rpt: Rpt Suppl Regular 23 Supplemental Budget Request Status: Pending Administrative Services Information Technology Supp l ID # 1737 ! Fund 507 Cost Center 507102 Originator. Perry Rice 3a. Options /Advantages: Whatcom County is under contract with Pictometry. 3b. Cost savings: The Whatcom Regional Pictometry cost sharing partnership is saving Whatcom County $80,000. 4a. Outcomes: Updated imagery from the Spring 2013 and Spring 2014 re-flilght has been received from Pictometry. Staff in PDS & PW primarily, but also the Sheriff's Office, Assessor's Office, Health Department, Treasurer and AS will be provided with access to the imagery in 2014. Imagery will be provided to our regional partners on the same schedule. 4b. Measures: Updated ortho and oblique imagery delivered from vendor. Distributing the imagery to regional partners. Providing access to the imagery to county departments. 5a. Other Departments/Agencies: AS Division of Information Technology will assist users in PDS & PW (Also, Health, Sheriffs Office, Assessor's Office, Treasurer's Office and other interested departments) with access to the imagery, software configuration and training. 5b. Name the person in charge of implementation and what they are responsible for. Whatcom County will be partnering with leads from the cities, tribes and other local jurisdictions. 6. Funding Source: Interlocal agreements with the cities, tribes and other local jurisdictions are in place for $80,000 in cost sharing. The remaining $50,000 is funded by transfers from the following funds: $20K GF, $15K Road, $15K Flood. Other local jurisdictions have already prepaid $24,500 and the county funds have entirely prepaid their $50,000. Wednesday, June 25, 2014 Rpt: Rpt Suppl Regular 24 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-260 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: K. 01ason Ki) ,�� -7//14 7/22/14 Finance Originator: 11 V E D K. Christensen 7/22/14 FCZD Board of Division Head: If!"i 20114 Supervisors F. Abart Dept. Head: JUL, WHA-MOM COUNTY D. Gibson Prosecutor: B. Bennett BB' 07/02/14 Purchasing/Budget: A A COUNCIL J. Louws (V Executive: TITLE OF DOC M9?M. Construction Inspection Services for Beachway Drive & Fern/Park Stormwater Improvements Project ATTACHMENTS: 1. Memo 2. Contract Information Sheet 3. Contract and related exhibits SEPA review required? Yes ( X )NO SEPA review required? Yes ( X NO SEPA review completed? ) Yes ( X ) NO SEPA review completed? ) Yes ( X )NO SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Land Development and Engineering Services will provide construction inspection support services for the Beachway Drive & Fern/Park Stormwater Improvements project 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. 25 WHATCOM COUNTY STORMWATER PUBLIC WORKS DEPARTMENT GD M CO 322 N. Commercial St., Suite 301 FRANK M. ABART iPf �ti� Bellingham, WA 98225 Director Phone # (360) 715-7450 'Y hat 15-7451 �\RECEA m.wa.us �Sh1 NG�� JUG. 1 0 7014 JACK MEMORANDUM LOUWS OUNTY EXECUTIVE TO: The Honorable Jack Louws, County Executive Honorable Board of Supervisors of the Whatcom County Flood Control Zone District THROUGH: Frank M. Abart, Public Works Director a FROM: Gray Stoyka, LHG, Natural Resources Manager Kirk N. Christensen, P.E., Stormwater Manager e.C' RE: Contract for Construction Inspection Services for Beachway Drive & Fern/Park Stormwater Improvement project DATE: June 23, 2014 Please find attached for your review and approval two (2) originals of a contract for services between Land Development and Engineering Services, LLC, and Whatcom County for construction inspection services related to the Beachway Drive & Fern/Park stormwater improvement project. ■ Background and Purpose Land Development and Engineering Services will provide construction inspection services for the Beachway Drive & Fern/Park Stormwater Improvements project. Due to a busy construction season, County staff is not available to provide inspection services. The improvements include installation of stormwater facilities that are complex. Most of the construction is within the county right of way but a portion is located within easements on private properties. Land Development and Engineering Services was chosen through a competitive selection process. ■ Funding Amount and Source This contract in the amount of $37,440 is funded by BBWARM Funds 2014 base budget (cost center 169250, work order 18593). Please contact Kraig Olason at extension 50782 if you have any questions regarding this agreement. Attachments 26 Whatcom County WHATCOM COUNTY CONTRACT Contract No. INFORMATION SHEET d O 1 4-0-70 11 Originating Department: Public Works-Stormwater Contract or Grant Administrator: Kraig Olason, Senior Planner Contractor's / Agency Name: I Land Development and Engineering Services, Inc 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, (per WCC 3.08.100 (a)) Original Contract # Does contract require Council Approval? Yes No If No, include WCC (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes No If yes, grantor agency contract number(s) CFDA # Is this contpatgrant funded? Yes No If yes, associated Whatcom County grant contract number(s) his contract the result of a RFP or Bid process? Contract Yes No If yes, RFP and Bid number(s) Direct letter invite (RFQ 13-01) Cost Center: 169250 Is this agreement excluded from E-Verify? No Yes If no, include Attachment D Contractor Declaration form. If yes, indicate exclusion(s) below: rofessional services agreement for cerlified/licensed professional Coss than $100,0� Contract for Commercial off the shelf items (COTS) Contract work is for less than 120 days 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. • Bid is more than $50,000. $**37,440*** o Amendments that have either an increase greater than 10% This Amendment Amount: 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: Land Development and Engineering Services will provide construction inspection services for the Beachway Drive & Fern/Park Stormwater Improvement Term of Contract: Expiration Date: January 31, 2015 Contract Routing: 1. Prepared by: R. McConnell 2. Atty. review/signed: Daniel L. Gibson 3. AS Finance reviewed: bbennett 4. IT reviewed if IT related: 5. Contractor signed: 6. Submitted to Exec Office: 7. Council approved (if necessM): 8. Executive signed: 9. Original to Council: Date: 06/27/14 Date: 07101114 Date: 07/02/14 Date: Date: '7 _'7-1 �j Date: -7-10-it' Date: Date: Date: 27 J 1 Whatcom County Contract No. 2O1 Y00lf CONTRACT FOR SERVICES CONSTRUCTION INSPECTION SERVICES FOR BEACHWAY DRIVE & FERN/PARK STORMWATER IMPROVEMENTS PROJECT LAND DEVELOPMENT ENGINEERING & SURVEYING INC. , hereinafter called Contractor, and Whatcom County Flood Control Zone District, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8 , Exhibit A (Scope of Work), pp. 9 to 10 Exhibit B (Compensation), pp. 11 to 11 Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 23rd day of July 2014 and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of January 20 15 . The general purpose or objective of this Agreement is to: provide construction inspection services for the Beachway Drive and Fern/Park Stormwater Improvements Project in Birch Bay , as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed THIRTY-SEVEN THOUSAND, FOUR HUNDRED FORTY AND NO/100 DOLLARS ($ 37.440***). The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of r 20 — 1 and Engineering Services, Inc. Llanos, PE, Principal STATE OF WASHINGTON COUNTY OF ) ss. On thisday off 20 before me personally appeared RAMON LLANOS to me known to be the PRINCIPAL of LAND DEVELOPMENT] GIN RING & SURVEYING, INC., and who executed the above instrument and who acknowledged to me the act of signing and sealifig thereof. a�� � N,A A4 0 �y �� ✓ �®mot v✓,...., \`N i A PQBLIC in and for the State of Washingtorryy, residing at ®° 6 C Tabu My commission expiresWA 11r.:3J� :J °�gre�aaa�asaz��g'� Contract for Services — Land Development Engineering & Surveying, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project Page 1 m WHATCOM COUNTY: Recommended for Approval: Frank M. Abart Date Public Works Director Approved as to„form:,, Qan+�l. �r L.• ,vir`._, Date Chief CivifDeputy Prosecutor A roved: Accepted for Whatcom County Flood Control Zone District: By: Jack Louws, Whatcom County Executive Signator for the Flood Control Zone District 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: Land Development and Engineering Services, Inc. Ramon Llanos, PE, Principal Address: 5160 Industrial Place, Suite 108 Ferndale, WA 98284 Contact Name: Eugene Chebanenko Contact Phone: 360.383-0620 Contact Email: Eugene@ldesinc.com Contract for Services — Land Development Engineering & Surveying, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project Page 2 29 GENERAL CONDITIONS Series 00-09. Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19. Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract 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 Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that 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 its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29. Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses Contract for Services - Land Development Engineering & Surveying, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project Page 3 30 incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39,12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39. Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Contract for Services — Land Development Engineering & Surveying, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project Page 4 31 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Copydght Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor 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. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor 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 Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and" maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request, Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement commercial general liability insurance with the following minimums: Property Damage - $500,000.00 per occurrence Bodily injury- $1,000,000.00 per occurrence A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall be considered as primary and noncontributory and shall waive all rights of subrogation. The County insurance shall not serve as a source of contribution. Professional Liability - $1,000,000 per occurrence 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. Contract for Services — Land Development Engineering & Surveying, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project Page 5 32 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and ail claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, 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 Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Contract for Services — Land Development Engineering & Surveying, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project Page 6 33 The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Frank M. Abaft, Director, Whatcom County Public Works, 322 N. Commercial Street, Suite 210, Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the.address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment, Suspension Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: Not Applicable Series 40-49. Provisions Related to Interpretation ofAgreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to, any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 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. 42.1 Disputes: General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the Contract for Services - Land Development Engineering & Surveying, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project Page 7 34 amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Agreement or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this Agreement shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre -award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Unless otherwise specified herein, this Agreement shall be governed by the laws of Whatcom County and the State of Washington. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire. Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services — Land Development Engineering & Surveying, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project Page 8 35 EXHIBIT "A" (SCOPE OF WORK) Land Development and Engineering Services, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project Background This scope of work is for the construction phase of stormwater retrofit project. The project consists installing a new high level system which will intercept upland water and convey it directly to Birch Bay as well as an upgraded low-level system which will convey stormwater to another outlet to Birch Bay. Work on the high-level system includes installation of a stormwater canister treatment vault, restoration of a portion of a stream, excavation, embankment and trench backfill, and stormwater piping. The low-level system includes incorporating existing street -side storm drains into an expanded system along Birch Bay Drive and Beachway Drive. Purpose and Need for Construction Observation Services It will be essential to have a capable onsite construction observer who can document work and ensure that the contractor executes the project per the bid documents. SCOPE OF WORK The work described above and in the following sections constitutes services to be provided by Land Development and Engineering Services, Inc. to the County. SCHEDULE AND BUDGET Construction phase services will be completed in a timely fashion as needed to keep the construction on schedule for completion by September 30, 2014. 1 he attached Exhibit B (spreadsheet) gives the basis for the not -to -exceed estimate of $37,440 for this professional service. All work will be performed on a time and materials basis at the personnel and expense rates shown in Exhibit B. ONSITE CONSTRUCTION OBSERVATION SERVICES Work consists of onsite construction observation and related tasks including: Subtask 1 Pre -Construction Activities • Attend pre -construction meeting and project initiation/coordination meetings • Review and become familiar with Bid Documents Coordinate with County staff and receive training on County record keeping requirements Subtask 2 On -site construction observation (40 days) • Daily reports • Weekly reports • Coordinate scheduling with Contractor and Engineer Contract for Services — Land Development Engineering & Surveying, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project Page 9 36 • Attend project meetings • Document Contractor employees and Subcontractor employees on site • Document equipment on site • Maintain a Project Diary • Photo documentation — both preconstruction and during construction • Document progress • Document material quantities, sources, certification, testing • Track Contractor's schedule and Working Days • Review all pay estimates • Preparation of Force Account reports and other documentation as requested • Maintain current "as -built" documentation in the field Subtask 3 Project closeout procedures • Assist with punch list and final acceptance of work • Assist with record drawings • Compile photo documentation and daily reports for electronic and print submittal Subtask 4 Project Management • Provide oversight for inspectors work products and performance • Prepare monthly invoices and progress reports DELIVERABLES FOR SCOPE OF WORK: 1. Daily & weekly reports 2. Construction observation photos 3. Project Diary 4. Submissions to Engineer as needed Contract for Services — Land Development Engineering & Surveying, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project Page 10 37 o _ � v V) a1 N ct � �v50 0 L 41 3 cD O l0 (D� Q-o V) W p �Q o�.= 0 _ c E Q� U C� cn U u o��o Q) � ... T Oj .0c :8 Q 3 � V) �- V) U N c X C) "O N a) 0O) L O 0 c U c = .� to W N V Ln ai `Q O c c00 cu N 0Qa�� o o ODLnoo Qo � Ln� N � ,�, 'V)• O OU c0 ,Q C C cu U) N N Q O !Z O >_ W o o. `. O > x o m L O c c 3 N= al u ,a O O O �t O 00 O O C) a) N CL t!} M M M M 00 a di in 0 - :- O a) U Q O fl 3 x- V a) 'C L C bA Ln d O C)O � n . Q -0 ?cuoCL W e�-f in• 0�0 N C) N 0 oas��o O a) `1 2 a) (D U) a) U_ N N ..-. 0 a) LL V) O V) c � a) U CC m a) U O = z �' .0 V U) L( C N U CU 0 p m LLJ Fc- ¢W0 W -� c () J a) E N N C W 0 � v a �' 0 Q 4- O G > O O) L\ U m a a) p N Ga p ++ a) W 0 9E -� O Z> a QS a) 'o 0 U a� `�' 3 o u QQ = O o f Q) N I- m ¢ V1 U N c V C• 0 ns > 'p6 N •� rn a) ++ v D) 0 C U I-E a) O i Q N v O O z U U m Ln � Z c0 >J 'a N O _ .a) i W �O Q O Q. Z c s V) H N +- N N H NNNflcoi O O C O L V I? Z X0Qc U H a) a U C U 3 0� o v o a) c= In Z O a1 U Y � U U u U .^ c Q N o C (n U �O+ a) O a to 41 - - O� O- 2) Z O w .� u Y3 z O N O N C O O CL 'O d V) C) R O > R U U 0c CL a) a) c w m U O d N a p U d (n C m �. � U L 0 0 L O U N C a) R E c6 '- O cp 0 Zca8 Qa N cn d � cu C, � > O � U O O C a) mUU.Sn)a) w EXHIBIT "C" (INSURANCE) Contract for Services — Land Development Engineering & Surveying, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project Page 12 39 AC6RH CERTIFICATE OF LIABILITY INSURANCE 4/s/2o.4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Rice Insurance LLC 1400 Broadway P.O. BOX 639 Bellingham WA 98227 CONTACT Rita Larsen NAME: PHONE Ext,(36fl) 734-1161 AIC No: (360)734-1173 E-MAIL . r1 taLarlceinsurance . com INSURER(S) AFFORDING COVERAGE NAIC ft INSURERA:Ohio Security Insurance Co. INSURED Land Development Engineering & Surveying Inc 5160 Industrial Place Ste 108 Ferndale WA 98248 INSURERB_Qh10 Casualty Insurance Co. 24074 INSURERC:Hanover Insurance Company INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:CL144823052 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WV0 POLICY NUMBER POLICY EFF MMID➢1YYY POLICY EXP MMfDDYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY DP.A4AGE TO P.EfFTED RREMISES iEa occurrence) S 1 , 000 , 000 AiED EXP(Anycne person) S 15,000 A CLAIM&MADE Fx-] CCCUR X BKS55216194 0/4/2013 /4/2014 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COPORIOP AGG S 2,000,000 S X PO€ ICY PRO LOG AUTOMOBILE LIABILITY COIdIBcciINden51t) SINGLE LIMIT .Ea a S 1,000,000 BODILY INJURY iPerpersonj S A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS 55216194 814/2013 /4/2014 BODILY INJURY (Pe raccident) S Pecs RTntDAMAGE - S Underinsured motorist S 1,000,000 X UMBRELLA LAB OCCUR EACH OCCURRENCE S 2,000,000 AGGREGATE S 1,000,000 B EXCESS LIAR HCLAIAIS-MADE DIED I I RETENTIONS $ PS055216194 8/4/2013 /4/2014 A WORKERS COMPENSATION V'C STATU- O-H- AND EMPLOYERS` LIABILITY YIN .ANY PROPR..IFTOR'PARTNnEKEti .RF•.UTIE a.L,rACH AC-CIDI&NT S 1,000,000 OFFICER,MEMBER EXCLUDED? (Mandatory in NH) N'A KS55216194 8/4/2013 /4/2014 E.L. DISEASE - EA EMPLOYE S 1,000,000 E::. CISEASE-POLICY LIMIT S 1 000 000 If yes, descdbe under ❑ESCRIPTION OF OPERATIONS below C Errors rk Omissions LE12 A260963 00 3/29/2014 /29/2015 Aggregate Limit 2,000,000 Each C aim 2,000,000 DESCRIPTION OF OPERATIONS ! LOCATIONS i VEHICLES (Attach ACORD 401, Additional Remarks Schedule, if more space is required) Additional Insured CU 8810 10/09 Attached k; tK 111'1l:AIt MVLUCK t+N1Y {.rGLLKI [WIN Whatcom County Public Works-Stormwater 2011 Young Street #201 Bellingham, WA 98225 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE c Gossage/RMF " Q 1988-2010 ACORD INS025oalrtn5int Tha Ar npn nnma ,nri Inn^ nra mnicfararl marls of ACf1Rr1 Contract for Services — Land Development Engineering & Surveying, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project reserved. Page 13 M ADDITIONAL COVERAGES Ref # Description Medical payments Coverage Code MEDPM Form No. Edition Date Limit 1 5,000 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. TEdition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc. Contract for Services — Land Development Engineering & Surveying, Inc. Construction Services for Beachway Drive & Fern/Park Stormwater Improvements Project Page 14 41 COMMERCIAL AUTO CA881001 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT ACCIDENTAL AIRBAG DEPLOYMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLATION CONDITION EXTRA EXPENSE — BROADENED COVERAGE GLASS REPAIR — WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) HIRED AUTO COVERAGE TERRITORY LOAN / LEASE GAP PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE — ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWING AND LABOR UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II — LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED PROVISION NUMBER 3 12 18 5 13 1 21 2 22 10 15 6 20 14 16 11 8 9 4 7 17 19 SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 1 of 7 42 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION 11— LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II — LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 2 of 7 43 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V — DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III — PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 — 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500 ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V — DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 4 of 7 45 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V — DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 5 of 7 15. GLASS REPAIR - WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident', claim, "suit' or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident' or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident' or "loss", our rights are waived also. 02010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 6 of 7 47 20. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V — DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V — DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.— CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 7 of 7 COMMERCIAL GENERAL LIABILITY CG88101009 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT M NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT 0 PROPERTY DAMAGE LIABILITY - ELEVATORS 0 0 0 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B " ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED - INCIDENTIAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY AQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE m co BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU PAGE 2 2 2 2 3 3 3 5 5 6 6 7 7 7 7 7 8 ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 7 49 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and .collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 0 0 If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: 0 a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 50 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1_h, is replar:Pci by the following- b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: ° d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section 11 - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 51 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. N 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: 02010 Liberty Mutual Insurance Company. All rights reserved. 52 CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form g or endorsement under this policy. W 0 0 Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a " primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. 0 1. ADDITIONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. m n 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 53 d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED- INCIDENTIAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION- MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11 - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section 11 -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 54 L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph N 1. of Section 11 - Who Is An Insured or a person who has been designated by them to receive reports of N "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE r If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 0 Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. 152010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 55 WNATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-261 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: K. Olason Originator: ho _ j ` (sC �� j G i ,' iq ��/ [( i� 7/22/14 Finance K. Christensen 7/22/14 FCZD Board Division Head: 1 A JUL 'I ti OA HATCOCOUNTY of Supervisors_ F. Abart Dept. Head: D. Gibson Prosecutor: COUNCIL B. Bennett bb ' 0709/14 Purchasing/Budget: /1 J. Louws Executive: 4 TITLE OF DOCUM Construction Support Services for Beachway Drive and Fein/Park Stormwater Improvements Project (Birch Bay) ATTACHMENTS: 1. Memo 2. Contract Information Sheet 3. Contract and related exhibits 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.) Tetra Tech Inc. will provide construction support and survey services in Birch Bay for the Beachway Drive and Fern/Park Storrnwater Improvements project including engineering oversight. 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.wliatcoiii.wa.us/couiteil- 56 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director [TtAA ,101 7_1,11i11TP►r1 JUL 10 2014 TO: The Honorable Jack Louws, County Executive Honorable Board of Supervisors of the Flood Control Zone District FROM: Frank M. Abart, Public Works Directo / I®f;D1 q THROUGH: Gary S. Stoyka, LHG, Natural Resources Program Manager Kirk N. Christensen, P.E., Stormwater Manager AMc- RE: Construction Support Services Contract with Tetra Tech, Inc., for Beachway and Fern/Park Stormwater Improvements Project DATE: July 9, 2014 Please find attached for your review and approval two (2) originals of a contract for services between Tetra Tech, Inc., and Whatcom County for construction support and survey services for the upcoming Beachway Drive and Fern/Park Stormwater Improvements project in Birch Bay. ■ Background and Purpose Tetra Tech, Inc., will provide construction support and survey services in Birch Bay for the BBWARM District Beachway Drive and Fern/Park Stormwater Improvements project. This contract provides for engineering oversight through construction and project close-out. Tetra Tech was chosen through a competitive selection process (RFQ-13-01) ■ Funding Amount and Source This contract in the amount of $50,924 will be funded by fees collected through the Birch Bay Watershed and Aquatic Resources Management District (cost center 169250, work order 18593). Please contact Kraig Olason at extension 50782 if you have any questions regarding this agreement. Attachments 57 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. , tC)I Y 07010 Originating Department: Public Works-Stormwater Contract Administrator: Kraig Olason, Senior Planner Contractor's / Agency Name: Tetra Tech, Inc. 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, (per WCC 3.08.100 (a)) Original Contract # Does contract require Council Approval? Yes No If No, include WCC (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes S If yes, grantor agency contract number(s) CFDA # Is this contr�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) Direct letter invite (RFQ 13-01) Cost Center: 169250 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 less than $100�00 Contract for Commercial off the shelf items (COTS) Contract work is for less than 120 days 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. • Bid is more than $50,000. $**50,924*** o Amendments that have either an increase greater than This Amendment Amount: 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: Tetra Tech, Inc., will provide construction support and survey services for the Beachway Drive & Fern/Park Stormwater Improvements project in Birch Bay. Term of Contract: Expiration Date: December 31, 2015 Contract Routing: 1. Prepared by: R. McConnell Date: 7/7/14 2. Atty. review/signed: J' Date: I,,;,-- ,,1, 3. AS Finance reviewed: bbennett Date: 7/09/14 4. IT reviewed if IT related: Date: 5. Contractor signed: v' Date: 7- q -1 1� 6. Submitted to Exec Office: Date: -7 - t o -1 f 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: m 1 Whatcom County g+Contract No. a°p CONTRACT FOR CONSTRUCTION SERVICES FOR BEACHWAY DRIVE AND FERN/PARK STORMWATER IMPROVEMENT PROJECT Tetra Tech Inc. , hereinafter called Contractor, and Whatcom County Flood Control Zone District, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8 , Exhibit A (Scope of Work), pp. 9 to 10 Exhibit B (Compensation), pp. 11 to 12 Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 23rd day of July _,20 14 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December 20 15, The general purpose or objective of this Agreement is to: provide construction engineering oversight services for the Beachway Drive and Fern/Park Stormwater Improvements project, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed FIFTY THOUSAND, NINE HUNDRED TWENTY-FOUR AND NO/100 DOLLARS ($ *50,924*). The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this t day of VU , 20 (�J CONTRACTOR: l a-Te inc. STATE OF WASHINGTON ) COUNTY OF LC1 �Ag ss. ) On this 9 day of , 20 before me personally appeared DAVE SERVIS to me known to be a VICE PRESIDENT of TETRA TECH, INC., and who executed the above instrument and who acknowledged to me the act of sigM�Wul ealing thereof. r\ NOTA Y PUIJLIC in and forth( tate of Washington, residing at E'A My commission expiresL N State of Washington HUYEN D THDONG My Appointment Expires Feb 6, 2016 Contract for Construction Services: Beachway and Fern/Park Stormwater Improvements Project Page 1 59 WHATCOM COUNTY: Recommended for Approval: F nk M. Abart Date Public Works Director Approved as to form ' r t -Daniel, L....G�.,y r Date Chief Civil Deputy Pfosecutor Approved: Accepted for Whatcom County Flood Control Zone District: By: Jack Louws, Whatcom County Executive/Signatory for Flood Control Zone District Board of Superviosrs 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: Tetra Tech Inc. Dave Servis, Vice President Address: 1420 Fifth Avenue, Suite 550 Seattle, WA 98101 Contact Name: Jerry Scheller Contact Phone: 206-883-9414 Contact Fax: 206-883-9301 Contact Email: jerry.scheller@tetratech.com Contract for Construction Services: Beachway and Fern/Park Stormwater Improvements Project Page 2 a GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract 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 Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that 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 its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accountinq and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate Contract for Construction Services: Beachway and Fern/Park Stormwater Improvements Project Page 3 61 documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax, 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39. Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be fumished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. Contract for Construction Services: Beachway and Fern/Park Stormwater Improvements Project Page 4 62 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor 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. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor 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 Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 (this amount may vary with circumstances) General Liability & Property Damage for bodily injury- $1,000,000.00 (this amount may vary with circumstances) A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory. a. Professional Liability - $1,000,000 per occurrence. 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. Contract for Construction Services: Beachway and Fern/Park Stormwater Improvements Project Page 5 63 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, 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 Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Contract for Construction Services: Beachway and Fern/Park Stormwater Improvements Project Page 6 M The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Frank M. Abart, Director, Whatcom County Public Works, 322 N. Commercial Street, Suite 210, Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: Not Applicable Series 40-49., Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to, any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 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. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. Contract for Construction Services: Beachway and Fern/Park Stormwater Improvements Project Page 7 65 Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Agreement or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this Agreement shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre -award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Unless otherwise specified herein, this Agreement shall be governed by the laws of Whatcom County and the State of Washington. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Construction Services: Beachway and Fern/Park Stormwater Improvements Project Page 8 0 EXHIBIT "A" (SCOPE OF WORK) BEACHWAY DRIVE AND FERN/PARK STORMWATER IMPROVEMENTS PROJECT Construction Services June 24, 2014 The project includes engineering support for services during construction of the Beachway Drive and Fern/Park Stormwater Improvements project. This project includes the installation of the storm drain pipeline on Birch Bay Drive, Beachway Drive, Fern Street and Park Lane, two pipe outfalls to Birch Bay, Maple Street gully restoration, water quality treatment system, boat ramp removal and other associated project elements. This scope of work describes the tasks and subtasks associated with engineering support services during construction of the Beachway Stormwater Improvements project. Survey support for, boundary survey and compiling as -built drawings are also included. This scope of services assumes a six month project duration. The following tasks include a description of the work involved and the associated deliverable(s) for each task. TASK 1: CONSTRUCTION SUPPORT FOR STORM DRAIN PIPELINE Engineering support for services during construction includes the following items: 1.1 Construction Oversight Assistance — Assist with review of contractor submittals including the following: • Implement and coordinate submittal process including submittal tracking, correspondence with contractor and maintenance of files. • Reviewing bid item submittals by contractor. • Review request for material authorization submitted by contractor. • Review Traffic Control Plan, Temporary Erosion and Sedimentation Control Plan, Spill Prevention, Control and Countermeasures Plan, Temporary Storm Bypass Plan, and Dewatering Plan. 1.2 RFI Review - Review 5 requests for information (RFI). 1.3 Modifications to Plans and Specifications — Prepare up to 2 modifications to plans and/or specifications. 1.4 Review daily inspector reports - Provide comments/concerns as applicable. 1.5 Construction Kickoff meeting - Two consultant representatives will attend a construction kick-off meeting. 1.6 Onsite Meetings - At least one Consultant representative will attend 6 onsite meetings with Whatcom County and Contractor staff. The schedule of the meeting will be determined during the construction period. 1.7 Phone Meetings - At least one consultant representative will participate by phone in 6, one -hour meetings, with Whatcom County and Contractor staff. The schedule of the meeting will be determined during the construction period. 1.8 Construction close-out meeting - At least one Consultant representative will attend a construction close- out meeting. The Consultant will review and provide comment on the punch -list developed by Whatcom County or the Project inspector. Assumptions • All administrative coordination and contract management activities with the Contractor will be performed by Whatcom County. • The process for submitting Request For Approval of Material (RAM), RFI's, and change orders, will be discussed with the Contractor at the Pre -construction meeting. • Reference to "Engineer" in the Project Specifications directing onsite Contractor operations during working periods are assumed to apply to Whatcom County or the project inspector. • Engineering direction to the Contractor regarding engineering design issues will be through Whatcom County or the Project Inspector. • Whatcorn County or the Project Inspector will lead all meetings including developing the agenda and preparing meeting minutes. Contract for Services - Exhibit A, Scope of Work Construction Services for Beachway Drive and Fern/Park Stormwater Improvements Project Page 9 67 • The processing time for RAM, RFI responses, and change orders will be determined with input from the contractor and Whatcom County at the pre -construction meeting. Deliverables • Review up to 40 contractor submittals for 72 bid items. • Review up to 5 RFI submittals. • Process and document up to 2 plan/specification modifications. • Review and comment (as appropriate) on up to 40 daily inspector reports. • Attend one construction kick-off meeting. • Attend up to 6 on -site construction coordination meetings. • Participate by phone in up to 6 construction coordination meetings. • Attend one construction close-out meeting and a list of punchlist items based on visual inspection. TASK 2: SURVEY SUPPORT FOR STORM DRAIN PIPELINE CONSTRUCTION Survey support services for pre -construction and during construction will be provided by Wilson Engineering and includes the following items: 2.1 Prepare precise boundary resolutions for the purposes of locating property line for construction: • Monument west property corner on the south side of Birch Bay Drive for Parcel No. 405124 343105 (Thompson) • Parcel No. 405124 343105 (Thompson) — west property line • Parcel No. 405124 433045 (Roberts) — east property line (optional). This property line only needs to be located if the property owner does not grant a temporary easement. • Provide temporary staking of property lines prior to construction 2.2 Prepare as -built drawings as described below: • Rims and inverts of all constructed/installed concrete structures, and the inverts of the visible ends of any installed culverts will be surveyed. • Contract drawings will be amended with the words "Record Drawings" and show the as -surveyed elevation, labeled "As -Built", for the located elements next to the design data on the electronic plan set. • Structures located more than 1 foot horizontally from the plan location will be edited to reflect the actual location of the structure. 2.3 Provide construction staking - Two days of unspecified construction -staking, with suitable office support and planning/calculation time will be provided at the direction of Whatcom County. It is assumed that construction staking would require only two single -day trips to the project site. Deliverables • One property corner monumentation • Locate and stake two property boundaries. • As -built drawings in AutoCAD and PDF format. • Construction staking for two, one -day trips. TASK 3: PROJECT MANAGEMENT Provide ongoing project management and coordination with the project team. • Coordinate labor, meeting key scheduling milestones, and maintaining budget. • Prepare monthly progress reports which include a summary table comparing amount expended and remaining budget. Deliverables • Monthly invoices and progress reports. Contract for Services - Exhibit A, Scope of Work 68 Construction Services for Beachway Drive and Fern/Park Stormwater Improvements Project Page 10 n e n n e e 0 o MIS N a I i ! I I v, N a. Y W lL .V U ❑ ! I y O I o a") o 0 i eL a o N H u V c txo N N o N (d: •u o. a � �O pOp 6p1 M N Q NQ�� Gi h i OI � m C> a m n I � H E>Aavg o � 3Ueulsm' loajadNntR r aO i J-12o3 yoa(ad Q v willll A w �aauJ3u3 Jolu ag w N I � w iaHeueVY P-f-d kw+ G y I N A O CcO. U ON 0 //�� G o=o o 3» N 3 n c C ^ G o0 C a Q O .� E A p V �� a L H � \ c� c � .X � �� c�� u o� 3 h e •E • C N s� Q ~ ° e 3° y o_ o_ E N 9 C E 'c° t E 9 of 6 i_ 3 cv d 'G `•! O 5 'm ° c e-I 24 z .i .y iz t9l fl t4 D 'i ri '^ m° Y IV tg fV fV y a a5 ° a�v u a` = �m O U O 4 4 E O) L N C o m m _ - L c O) N NcmQ C. o U E o E m C.:U a O � O N Q E N 'D o m .� N E' a� C O O N � Qj s ai 0 o °' c O C O. Osm U Y L C C O O N C N U Q 0 O O N N +L•- �a a > O 0, U O N U 7 O N L o U N L O C 0 0_ xO°'oE Lu C O X.� O N O O O N i N O a O L co) mw Cl) Uo m O >O C C m c N Q.E. O 0 O aU U C (6 O O C q N N 47 O N U 6 (6 C > p a tq O N .Q U 0 0 0 0 N Q O CO fl_ .«L. _ E o O o ` O O ls6 L_ a � a a, 7 C: E o d jl 0 ID E¢ U U y QO EL .�( a (D w g O L N D ti C U E O X Q Ca aUJ_ ff O c i S R m y W Q c ItS O Z 7Orn N � lQ J � O (6 7a-) N = C N O > C m U N ..+ (0J EXHIBIT " 62" (SUMMARY OF HOURLY RATES FOR TETRA TECH STAFF BY CLASSIFICATION TITLE) The range of hourly billing rates by classification title are provided in the table below. CLASSIFICATION TITLE BILLING RATE Principal -In -Charge $225 - $280 Project Manager $170 - $207 Senior Engineer $158 - $21 1 Senior Scientist $145 - $200 Project Engineer $125 - $160 Engineer $84 - $125 CAD Technician $79 - $120 Editor $64 - $120 Project Assistant $60 - $105 Contract for Services - Exhibit B, Compensation Construction Services for Beachway and Fern/Park Stormwater Improvements Project Page 12 70 EXHIBIT "C" ACOKC?® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/OD/YYYY) 07/03/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AOn Risk Insurance Services west, Inc. Los Angeles CA Office 707 Wilshire Boulevard Suite 2600 CONTACT NAME: HOE (AIIC.NNo. Ext): (866) 283-7122 FAX No.): (800) 363-0105 E-MAIL ADDRESS: Los Angeles CA 90017-0460 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: National Union Fire Ins CO of Pittsburgh 19445 Tetra Tech, Inc. 1420 5th Avenue, Suite 550 INSURER B: INSURER C: Seattle WA 98101 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570054492277 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYVY LIMITS A X COMMERCIAL GENERAL LIABILITY GL 4 EACH OCCURRENCE $ 2 , OOO , OOO CLAIMS -MADE Xa OCCUR DAMAGETORENTED$1,000,000 PREMISES Ea occurrence X MED EXP (Any one person) $10, 000 X,C,U Coverage PERSONAL &ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4 , 000 , 000 POLICY X PRO- X LOC JECT PRODUCTS - COMP/OP AGG $4, 000, 000 OTHER: A AUTOMOBILE LIABILITY CA 327 52 65 10/01/2013 10/01/2014 COMBINED SINGLE LIMIT Ea acpideng $ 2 , 000 , 000 BODILY INJURY ( Per person) X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident NON -OWNED X HIRED AUTOS X AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED I RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR / PARTNER / EXECUTIVE PER OTH- STATUTE ER E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Tetra Tech Project: construction Services For Beachway Drive and Fern/ Park Stormwater Improvements Design Project. County Public works-5tormwater is included as Additional insured in accordance with the policy provisions of the General Liability nd Automobile Liability policies. O U. `m c m M d O w� CERTIFICATE HOLDER CANCELLATION idg SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. �= whatcom County Public works-Stormwater AUTHORIZED REPRESENTATIVE Attn: Remy MCCOnell, CAP -OM 322 N. Commercial St., Suite 301�y iaGG07fGeJ7?ClG1a�dGG �ritit/tCL�O IJ�:C. Bellingham WA 98225 USA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 71 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 10/01(2013 forms a part of Policy No. GL 514 26 23 LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer wilt provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within L10A days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then ,the Advice will be provided to such Certificate Hotder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Form 107414 107414 (03/11) 72 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 1010112013 forms a part of Policy No. CA 327 52 65 LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within L30 I days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Form 107414 107414 (03/11) 73 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-262 CLEARANCES Initial Date pate Received in Council Office Agenda Date Assigned to: K.Olason Originator: Ko P �� l 7/22/14 Finance K. Christensen " ® e— 7/22/14 FCZD Board of Division Head: /q/ 4 JUL 5 � 111 Supervisors F. Ahart Dept. Head: // /l®lG%1 � �, HCO COUNTY COUNCIL�.. D. Gibson Prosecutor:.. f �i B. Bennett ��� Purchasing/Budget: � �� J. LOMS Executive: TITLE OF DO ME Cultural Resource Investigations for the Beachway Drive & Fern/Park Stormwater Improvements Project ATTACHMENTS: 1. Memo 2. Contract Information Sheet 3. Contract and related exhibits SEPA review required? ( ) Yes ( X ) NO SEPA review required? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Rosario Archaeology, LLC, has been selected to provide cultural resource investigations for the Beachway Drive & Feni/Park Stormwater Improvements project. Services will include construction monitoring and monitoring report preparation. Provisions are also included to address inadvertent discoveries of artifacts should they occur. 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. 74 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225-4052 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. uRECEIVED JUL 10 2014 TO: The Honorable Jack Louws, Whatcom County Executive, and JACK LOUWS Honorable the Board of Supervisors of the Flood Control Zon i TY EXECUTIVE THROUGH: Frank M. Abart, Public Works Director �',alert`') FROM: Gary S. Stoyka, LHG, Natural Resources Program Manager 0y, Kirk N. Christensen, P.E., Stormwater Manager &C- RE: Contract for Cultural Resource Investigations of the Beachway Drive & Fern/Park Stormwater Improvements Project DATE: July 9, 2014 Please find enclosed for your review and signature two (2) originals of a contract between Rosario Archaeology, LLC, M.A., and Whatcom County Flood Control Zone District for Cultural Resource Monitoring for Beachway Drive & Fern/Park Stormwater Improvements Project on behalf of the Birch Bay Watershed and Aquatic Resources Management (BBWARM) District. �onstruction Background and Purpose of Beachway Drive & Fern/Park Stormwater Improvements is a priority capital project in the Birch Bay Watershed that we are planning to construct this summer. In order to move forward with construction, cultural resource monitoring of project excavations is required. A Monitoring Report is a permit requirement and must be submitted at the conclusion of the project. This contract also includes funds and tasks to cover any immediate response to discovery of artifacts. The attached scope provides a listing and budget for all tasks required. Rosario Archaeology, LLC, was chosen through a competitive selection process (12-18). ■ Funding Amount and Source This contract in the amount of $34,874.40 will be funded by BBWARM's 2014 base budget (cost center 169250, work order 18593). Please contact Kraig Olason at extension 50782 if you have any questions regarding this agreement. Enclosures 75 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Public Works-Stormwater Contract or Grant Administrator: Kraig Olason, Senior Planner Contractor's / Agency Name: Rosario Archaeology, LLC 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, (per WCC 3.08.100 (a)) Original Contract # Does contract require Council Approval? Yes No If No, include WCC (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes No If yes, grantor agency contract number(s) CFDA # Is this contr,act,grant funded? Yes No If yes, associated Whatcom County grant contract number(s) his contract the result of a RFP or Bid process? Contract Yes No If yes, RFP and Bid number(s) (RFP 12-18) Cost Center: 169250 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 agremnent for cerlified/liceased professional (�ontract less than $100 00 Contract for Commercial off the shelf items (COTS) Contract work is for less than 120 days Work related subcontract less than $25,000. hiterlocal 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. o Bid is more than $50,000. $*34,874.40** Amendments that have either an increase greater than 10% or This Amendment Amount: provide a $10,000 increase in amount (whichever is greater) $ RENEWALS: Council approval is not required when exercising an Total Amended Amount: option to renew that is provided in the original contract. Summary of Scope: Rosario Archaeology, LLC, has been selected to provide cultural resource investigations for the Beachway Drive & Fern/Park Stormwater Improvements project. Services will include construction monitoring and monitoring report preparation. Term of Contract: I Expiration Date: January 31, 2015 Contract Routing: 1. Prepared by: R. McConnell 2. Atty. Review/signed: Daniel L. Gibson 3. AS Finance reviewed: 1546 4. IT reviewed if IT related: 5. Contractor signed: 6�1 6. Submitted to Exec Office: W"' 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: Date: 06/27/14 Date: 07101114 Date::7/is//r Date: Date: 7-7 -E�( Date: i�r�Pt Date: Date: Date: 76 UU r 1 VVhatcom County Contract No. of too —i CONTRACT FOR SERVICES Cultural Resource Investigations for the Beachway Drive & Fern/Park Stormwater Improvements Project ROSARIO ARCHAEOLOGY LLC , hereinafter called Contractor, and Whatcom County Flood Control Zone District, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp.__a_ to 8 , Exhibit A (Scope of Work), pp. 9 to 9 Exhibit B (Compensation), pp. 10 to 10 Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 23rd day of July 20 14 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of January 20 15 The general purpose or objective of this Agreement is for: cultural resources investigations and construction monitoring for the Beachway _Drive & Fern/Park Stormwater Improvements project in Birch Bay , as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed THIRTY-FOUR THOUSAND, EIGHT HUNDRED SEVENTY-FOUR AND 40/100 DOLLARS ($ *34,874.40!*) . The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of 20 t CONTRACTOR: ROSARIO ARCHEO LLC -Aur � .� Mark J. Hove k, M.A. Archaeologis .Owner STATE OF WASHINGTON ) ss. COUNTY OF Wt . ' 4VI ) On this -7 day of o­( 20 11 before me personally appeared MARK J. HOVEZAK to me known to be the OWNER of ROSARIO ARCHAEOLOGY, LLC, an who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. ARY BLIC in and for the State of Washingto , resid'ng at My commission expires l , J` taty Public State of id ashinpton ALEXANDER G POWELL y AApol dArExpiret; Apr 14, 209 Contract for Services — Rosario Archaeology, LLC Cultural Resource Investigations for the Beachway Drive & Fern/Park Stormwater Improvements Project Page 1 77 WHATCOM COUNTY: Recominended for Approval, Frank M. Abart Date Public Works Director Approved as tgfarm- Date Chief Civil Deputy Prosecutor'` Approved: Accepted for Whatcom County Flood Control Zone District: By: Jack Louws, Whatcom County Executive Signator for the Flood Control Zone District STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 T, 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: ROSARIO ARCHAEOLOGY, LLC Mark J. Hovezak, M.A., Owner Address: 3754 Greenville Street Bellingham, WA 98226 Contact Phone: 360.756.5207 (Office) 360.303.1998 (Field) Contact Email: alabamamark@msn.com Contract for Services — Rosario Archaeology, LLC Cultural Resource Investigations for the Beachway Drive & Fem/Paris Stormwater Improvements Project Page 2 to GENERAL CONDITIONS Series 00-09. Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be fumished by the County, unless otherwise provided for in the Agreement. Series 10-19• Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract 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 Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that 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 its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29. Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses Contract for Services — Rosario Archaeology, LLC Cultural Resource Investigations for the Beachway Drive & Fem/Park Stormwater Improvements Project Page 3 79 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, 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 Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Contract for Services — Rosario Archaeology, LLC Cultural Resource Investigations for the Beachway Drive & Fern/Park Stormwater Improvements Project Page 6 The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Frank M. Abaft, Director, Whatcom County Public Works, 322 N. Commercial Street, Suite 210, Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment Suspension. Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: Not Applicable Series 90-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to, any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 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. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the Contract for Services — Rosario Archaeology, LLC Cultural Resource Investigations for the Beachway Drive & Fern/Park Stormwater Improvements Project Page 7 N amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Agreement or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this Agreement shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre -award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Unless otherwise specked herein, this Agreement shall be governed by the laws of Whatcom County and the State of Washington. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 111, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services — Rosario Archaeology, LLC Cultural Resource Investigations for the Beachway Drive & Fern/Park Stormwater Improvements Project Page 8 0 EXHIBIT "A" (SCOPE OF WORK) Mark J. Hovezak, M.A. 3754 Greenville Street, Bellingham, WA 98226 360.756.5207 (office) 360.303.1998 (field) alabamarr�a k ;rt .ceirr� Cultural Resource Investigations for the Beachway Drive & Fern/Park Stormwater Improvements Project in Birch Bay Whatcom County, Washington Cultural resource management (CRM) consulting services for the Birch Bay Stormwater Priority Retrofit Project — Area 1 (BBSPRP1), specifically in relation to the Beachway Drive & Fern/Park Stormwater Improvements project, consist of construction monitoring and monitoring report preparation, with an additional phase of work potentially necessary if archaeological discoveries are made during monitoring. The cost estimate is based on a 40-day project work schedule, as estimated by Tetra Tech. In the case of an archaeological discovery, consultation with the U.S. Army Corps of Engineers (Corps) would determine next steps related to archaeological testing or data recovery in order to comply with cultural resource laws. The cost of these next steps will need to be addressed once the nature and extent of the discovery has been determined. As a guideline, the cost of 5 days of field work related to discovery of cultural resources has been included in the following cost estimate. The actual number of field days required for archaeological fieldwork cannot be determined, however, until the nature and extent of a discovery is understood. Likewise, the time/cost of archaeological analyses, reporting, curation preparation, and curation cannot be estimated without knowing the nature and extent of the discovery. A cost estimate for archaeological services related to 40 days of construction monitoring is attached on the following page. The cost estimate provides a task -oriented budgetary structure for accomplishing project CRM objectives. Budget Narrative Contract amounts shall not exceed the total budget referenced on the next page. As consideration for services provided in Exhibit A, Scope of Work, the County agrees to compensate the contractor according to the hourly rates provided in the project budget (Exhibit B). Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed including mileage at the current IRS rate. Lodging and per diem shall not exceed the GSA rate for the location where services are provided. Other expenditures such as printing, postage, and telephone charges shall be reimbursed at actual cost plus 10%. Expense reimbursement requests must be accompanied by copies of paid invoices. Any work performed prior to the effective date or continuing after the completion date of the contract, unless otherwise agreed upon in writing, will be at the contractor's expense. Contract for Services — Rosario Archaeology, LLC Cultural Resource Investigations for the Beachway Drive & Fern/Park Stormwater Improvements Project Page 9 m EXHIBIT 'B" (COMPENSATION) Whatcom Co. Public Works BBSPRPI Cultural Resource Investigation Budget Estimate BUDGET DESCRIPTION RATE UNIT TOTAL ITEM Task la Archaeological monitoring field superv/mgmt(archaeo►ogist) 80 80 6400.00 Task 1b Construction monitoring (technician) 40 320 12800.00 Field data compilation and photo filing/cataloging/selection Task 2a 80 20 1600.00 supervision (archaeologist) Task 2b Field data compilation and photo filing/cataloging/selection 40 40 1600.00 (technician) Task 3a Monitoring report draft preparation (technician) 40 40 1600.00 Monitoring report draft supervision/edit/revise/submission Task3b 80 40 3200.00 (archaeologist) Monitoring mileage [based on 30 trips projected over 20 field days Expenses 0,56 2760 1545.60 @ 46 mi I es/tripI Monitoring Subtotal = $28,745.60 Task 4a Archaeological data recovery (archaeologist) [estimated @ 5 10-hr 80 50 4000.00 days fieldwork] Task 4b Archaeological data recovery (technician) [estimated @ 5 10-hr days 40 50 2000.00 fieldwork] Expenses Data Recovery mileage [based on 5 trips] 0.56 230 128.80 Laboratory processing and analysis supervision/admin conti ngent upon Task 5a (archaeologist) 80 Task 4 result Laboratory analyses (Subcontracted specialist eg. Faunal analyst, contingent upon Task 5b 100 archaeobotanist, radiocarbon dating, etc.) Task 4 result contingent upon Task 5c Laboratory analysis (technician) 40 Task 4 result contingent upon Expenses Shipping, mileage, packaging, etc. 0.56 Task 4 result Data analyses, graph, table and data production supervision contingent upon Task 6a (archaeologist) 80 Task 4 result Task 6b Data analyses, graph, table and data production (technician) 40 conti ngent upon Task 4 result Task 7a Site form update and report preparation supervision (archaeologist) 80 contingent upon _Task 4 result Task7b Site form update and report preparation supervision(technician) 40 contingent upon Task result Supervision of documents, photographs and materials preparation contingent upon Task 8a 80 for curation and delivering to Burke Museum (archaeologist) Task 4 result Preparation of documents, photographs and materials for curation contingent upon Task 8b 40 and delivering to Burke Museum (technician) Task result contingent upon Expenses Phase IV curation mileage 0.56 Task 4 result contingent upon Expenses Phase IV curation materials Task 4 result contingent upon Expenses Phase IV curation Task 4 result dwgrk aubiglal= PROJECT TOTAL = $34,874.40 Mileage rate is based on January 1, 2014 GSA POV Mileage Reimbursement Rate BBSPRPI =Birch Bay Stormwater Priority Retrofit Project -Area 1 Project Project Total subject to change depending on actual field time necessaryto complete project and on field findings Contract for Services - Rosario Archaeology, LLC Cultural Resource Investigations for the Beachway Drive & Fern/Park Stormwater Improvements Project Page 10 � AC®Rh® CERTIFICATE OF LIABILITY INSURANCE1 DATE (MM/DDIYYW) 5/12/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Rice Insurance LLC 1400 Broadway P.O. BOX 639 Bellingham WA 98227 CONTACT Brid et McShane NAME: g PHONE (360) 734_1161 FAX No): (360)734-1173 ADDRESS: bridgetQriceinsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:First National Insurance INSURED Mark Hovezak DBA: Rosario Archaeology 3754 Greenville St Bellingham WA 98226 INSURER B:Westchester Fire Insurance Co INSURERC: INSURER D: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER:CL1451223700 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICYEFF /YYYY POLICYEXP lYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 A CLAIMS -MADE X]OCCUR X 4CC1824088 /20/2014 4/20/2015 MEDEXP(Any one person) $ 10,000 PERSONAL & ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ X POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Peraccident) $ ALL OWNED SCHEDULED AUTOS AUTOS J PROPERTY DAMAGE Peraccident $ NON -OWNED HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION WC STATULIM - OTH- AND EMPLOYERS' LIABILITY N ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below B Professional Liability 24387768002 /20/2014 /20/2015 Unit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Whatcom County Public Works is Additional Insured per the attached form CG7635 0207. Whatcom County Public Works ATTN: Remy McConnell 322 N Commercial St Suite 301 Bellingham, WA 98225 LHI4t'CLL1A 1 IUIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE James Fritts/PRO ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 /9ninoRl nl Tha Annpn name anti Innn arc ranictararl mnrlrc of Arnr?n 85 Northwest. COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Per Written Contract ADDITIONAL INSURED -- BY WRITTEN CONTRACT, AGREEMENT OR PERMIT, OR SCHEDULE The following paragraph is added to WHO IS AN INSURED (Section II): 4. Any person or organization shown in the Sched- ule or for whom you are required by written con- tract, agreement or permit to provide insurance is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect during the policy period shown in the Declarations, and must have been exe- cuted prior to the "bodily injury", "property damage", or "personal and advertising injury". b. The person or organization added as an in- sured by this endorsement is an insured only to the extent you are held liable due to: (1) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to You; (b) This insurance does not apply to any structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization added as an insured; (2) Your ongoing operations for that in- sured, whether the work is performed by you or for you; (3) The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CG 76 35 02 07 Page 1 of 4 EP C-AG-25-POI NT001-2719-0015•S (b) This insurance does not apply to' "bodily injury" or "property dam- age" arising out of the sole negli- gence of such person or organization; (4) Permits issued by any state or political subdivision with respect to operations performed by you or on your behalf, subject to the following additional pro- vision: This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the state or municipality. c. The insurance with respect to any architect, engineer, or surveyor added as an insured by this endorsement does not apply to "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, includ- ing: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and (2) Supervisory, inspection or engineering services. d. This insurance does not apply to "bodily injury" or "property damage" included within the "products -completed operations haz- ard". A person's or organization's status as an insured un- der this endorsement ends when your operations for that insured are completed. No coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on you. Coverage shall be limited to the extent of your negligence or fault according to the applicable princi- ples of comparative fault. NON -OWNED WATERCRAFT AND NON -OWNED AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced by the following: Tk eXclu5jon applies even if the claims against %ny'insured allege negligence or other Wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the zownership, mainte- nance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any in- sured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not_being._used to carry persons, or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, pro- vided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) the operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor ve- hicle insurance law in the state where it is licensed or principally garaged; or (b) the operation of any of the machin- ery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". (6) An aircraft you do not own provided it is not operated by any insured. TENANTS' PROPERTY DAMAGE LIABILITY When a Damage To Premises Rented To You Limit is shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or J. Damage To Property entrustment to others of any aircraft, "auto" "Property damage" to: or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including ation and "loading or unloading". any costs or expenses incurred by you, or Page 2 of 4 87 C-AG-25-PRI NT001 -2 719-0016-S any other person, organization or entity, for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations, or .(6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the con- tents of such premises, rented to you. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section III — Limits Of Insurance. WHO IS AN INSURED — MANAGERS The following is added to Paragraph 2.a. of WHO IS AN INSURED (Section 11): Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B — BAIL BONDS — TIME OFF FROM WORK Paragraph 1.1b. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is replaced by the following: d. All reasonable expenses incurred by the in- sured at our request to assist us in the in- vestigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion 11) is deleted, unless excluded by separate endorse - do not apply to liability assumed under a side- ment. track agreement. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Paragraph 6. of LIMITS OF INSURANCE (Section 111) is replaced by the following: S. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay un- der Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. Provision 3.a. of WHO IS AN INSURED (Section II) is replaced by the following: a. Coverage under this provision is afforded only until the and of the policy period. EXTENDED "PROPERTY DAMAGE" Exclusion a. of COVERAGE A (Section 1) is replaced by the following: a. `Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. CG 76 35 02 07 Page 3 of 4 EP 88 C-AG-25-PR1N7001-2719.0017-S EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- tion 1V): We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to a person or organization for whom you are required by written contract, agreement or permit to waive these rights of recovery. AGGREGATE LIMITS OF INSURANCE — PER LOCATION For all sums which the insured becomes legally obli- gated to pay as damages caused by "occurrences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations at a single "location": Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- tion 111) apply separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is The Medical Expense Limit is amended to $10,000. KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Knowledge of an "occurrence", claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Paragraph 6. Representa- tions of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. LIBERALIZATION CLAUSE The following paragraph is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- mium, becomes effective during the policy period in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 C-AG-255-PR1 NTOOI-2719-W1 8 9 2014-263 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date D e Received in Council Office A enda Date Assigned to: Originator: `. =/ 1 (1� C-. �\ lC �4 �I + K.Olason ( t ! l u/ _.� 7122114 Finance Division Head: FCZD Board K. Christensen . � 5 2,014 ,a 7122114 o Su ervisors Dept. Head:PWHATCca „� Prosecutor: �� D. Gibson ' /f ', ` ( UNCIL Purchasing/Budget: Y %d B. Bennett Executive: 'Cs' J.Lows TITLE OF DOC Construction Contract Award: Beachway Drive & Fern/Park Stormwater Improvements Project ATTACHMENTS 1. Memorandum to County Executive and County Council 2. Approval for Contract Award endorsed by the Executive 3. Project Exhibit: Summary and Vicinity Map 4. Project Cost Breakdown 5. Bid Tabulation 6. Low Bid Proposal SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Approval of contract award to Len_Honcoop Gravel, Inc., as low bidder in the amount of $520,923.39 for the Beachway Drive & Fern/Park Stormwater Improvements project in Birch Bay. 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: w�vw.co.xvhatcor7a,wa.us/eoa�ncil. •c WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 R C x E VT � 360) 715-7450 60) 715-7451 comcounty. us JUL 10 2014 MEMORANDUM JACKLOUWS COUNTY EXECUTIVE TO: The Honorable Jack Louws, County Executive Honorable Board of Supervisors of the Whatcom County Flood Control Zone District THROUGH: Frank M. Abart, Public Works Director -I)1a WN`{ FROM: Gary Stoyka, LHG, Natural Resources Program Manager &" Kirk N. Christensen, P.E., Stormwater Manager A"AA, RE: Beachway Drive & Fern/Park Stormwater Improvements Project Construction Contract Award to Len Honcoop Gravel, Inc. DATE: July 7, 2014 Please find enclosed for your review and approval a contract award package for the Beachway Drive & Fern/Park Stormwater Improvements project in Birch Bay. This packet consists of an agenda bill, project exhibit and vicinity map, project cost breakdown, bid tabulation, and the low bid proposal. Bid proposals for this project were opened at 2:30 p.m. on Tuesday, July 1, 2014. ■ Requested Action Public Works requests that the Whatcom County Council authorize the County Executive to enter into a contract for the subject project to the low bidder, Len Honcoop Gravel, Inc., (Honcoop) in the amount of $520,923.39 including all taxes. Please signify your approval to award this contract to Honcoop on the Approval for Contract Award page. ■ Background and Purpose Stormwater improvements in the Beachway Drive area of the Cottonwood neighborhood have been identified as a high priority in the Birch Bay Comprehensive Stormwater Plan. Improvements include channel restoration, storm filter cartridge vault, conveyance system upgrades and installation of two replacement outfalls. ■ Funding Amount and Source Expenditure for this project in the amount of $520,923.39 is authorized under BBWARM's 2014 base budget for Birch Bay projects (cost center 169250, work order 18593). Please contact Kraig at extension 50782 if you have any questions. Enclosures In accordance with W.C.C.3.08.230, I concur with this recommendation: Brad Bennett, AS -Finance Director Date 91 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcount.uus BEACHWAY DRIVE & FERN/PARK STORMWATER IMPROVEMENTS APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: Project: Beachway Drive & Fern/Park Stormwater Improvements To: Len Honcoop Gravel, Inc. in the amount of their bid proposal of $520,923.39 including all taxes. Jack Louws Whatcom County Executive Approving Authority Date 92 Whatcom County Public Works Stormwater Division Project Exhibit BEACHWAY DRIVE &FERN/PARK STORMWATER IMPROVEMENTS Construction Year: 2014 Project Summary: This project is located in unincorporated Whatcom County in the Birch Bay Community in Section 24, T40, R1 W in the Birch Bay watershed. Improvements will expand the area served by the stormwater conveyance system, improve conveyance capacity, relieve local flooding of the area and provide water quality treatment and stream restoration. Elements include replacement of two marine outfalls, establishment of two separate drainage systems: a high level system that takes upland water directly to the beach and a low-level system that conveys near shore stormwater to a separate outlet to the beach. A stormwater treatment vault will provide treatment to residential runoff. Stream restoration of a portion of the main upland drainage system and beach enhancement which consists of removal of a dilapidated boat launch structure is also included. Project Status: Construction will begin in August and will be completed by September 30, 2014. Project Funding Sources: Local $756,593 Environmental Permitting (Agencies/Permits): Land Disturbance and Clearing Permit-Whatcom County. Revocable Encroachment Permit-Whatcom County, Shorelines and Hydraulic Permit Approval (HPA), Corp Permit Right -of -Way Acquisition: -0- County Forces: N/A i Y } s.. n R , _1_ DAY � ....-. PROJECT LOCATION r a'° "`y B7 r ., .. of 93 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director Project Cost Break Down STORMWATER 322 N. Commercial Street, Suite 301 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www.whatcomcount .uus Beachway Drive & Fern/Park Stormwater Improvements W hatcom County Design Engineering $63,000 Right -of -Way $0 Construction Contract $520,923 Construction Engineering $38,000 Construction Inspection $37,440 Permitting, and Surveying $33,000 Archaeology 44,230 Testing and Contingency $20,000 Total $756,593 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (n o 0 0 0 0 0 0 0 0 0 0 U) o 0 0 0 0 0 0 0 0 N O C 0 0 0 0 0 0 0 0 0 0 0 0 0 V O O c)O- O co 't h 00 (O 0 0 0 0 0 0'I CD o h O 0 0 0 It 0 0 0 O 0 O 0 O O O O 0 O 0 O to Ln N O o o 0 o 0 N LO N N� O N O W 0 0 0 7 (O 00 CO 0 O 00 o n (0 )n LO W co 00 (+7 Cl) 0 O 0 O 0 (n 0 o 0 0 o 0 V co h (0 0 t. m N LO h O CYO o C 00 o V d' o0 C C C m E CT Ili to (5 CT d' dJ CO N O V <t 0�1 (n d' m 64 V V (O -, W (O N W c, 09- � h r- E9 (O 6,�, N E') Ln (o (O O Q CO 64 Ga HT N N U). fA 't ER ,I, 64 69 m N M 6} co It69 U!l co EA 60 EH 64 5; 64 6T 61) CO 64 fR Vi EFT 64 U3- 6} c 6`} 61 � U3} U9. 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Q O L Q ~ U C13 0 O - N BEACHWAY DRIVE & FERN/PARK STORMWATER IMPROVEMENTS Date June 18, 2014 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the Project Manual entitled: "Beachway Drive & Fern/Park Stormwater Improvements, Whatcom County, Washington," including the 'Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," and "Plans" governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said Project Manual. BEACHWAY DRIVE & FERN/PARK STORMWATER IMPROVEMENTS BID PROPOSAL FORMS Page 9 97 BEACHWAY DRIVE & FERNIIPARK STORMWATER IMPROVEMENTS PROJECT 3 1 CF(`T10N1 RFFFRFNr..F ITEM I QUANTITY DESCRIPTION UNIT TOTAL Schedule A 1 1 MOBILIZATION LUMP (1-09) SUM per LS 2 1 SPCC PLAN LUMP (1-07) SUM per LS 3 1 ARCHAEOLOGICAL AND HISTORICAL SALVAGE EST (1-07) $ 4,500.00 $ 4,500.00 EST 4 7 STAND-BY TIME DUE TO ARCHAEOLOGICAL FINDINGS DAY (1-07) $ 1 7t-7Z $ 125 1.1)14 per DAY 5 1 PROJECT TEMPORARY TRAFFIC CONTROL LUMP (1-10) SUM $ ►�1L 403,k N ta,9D 3.Y3 per LS 6 1 CLEARING AND GRUBBING LUMP (2-01) SUM $ 8"4gF rY $ �cgdfi: �U per LS 7 1 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LUMP (2-02) SUM $I3c f5 $13,0�2.�s per LS BEACHWAY DRIVE & FERN/PARK STORMWATER IMPROVEMENTS BID PROPOSAL FORMS Page 10 8 13 UNSUITABLE FOUNDATION EXCAVATION INCL. HAUL CUBIC (2-03) YARD Q �+►f /� ��j/ �yi l per CY 9 620 GRAVEL BORROW INCL. HAUL TON (2-03, 9-03) oq $ L(, per TON 10 30 WATER M GAL. (2-07) $ m.oD $ 9baoa per M GAL. 11 1,740 STRUCTURE EXCAVATION CLASS B INCL. HAUL CUBIC (2-09) . YARD per CY 12 7,400 SHORING OR EXTRA EXCAVATION CLASS B SQUARE (2-09) FOOT per SF 13 1 DEWATERING LUMP (8-28) SUM perLS 14 44 CONSTRUCTION GEOTEXTILE FOR UNDERGROUND DRAINAGE SQUARE (2-12) YARD per SY 15 390 GRAVEL BASE TON (4-02) _ $ -7• Z1) $ OZ per TON 16 520 CRUSHED SURFACING TOP COURSE TON (4-04) per TON BEACHWAY DRIVE & FERNIPARK STORMWATER IMPROVEMENTS BID PROPOSAL FORMS Page I 1 17 110 HMA CL. 1/2 IN. PG 64-22 TON (5-04) per TON 18 20 UNDERDRAIN PIPE - 6 IN. DIAM. LINEAR (7-01) FOOT $$ 9�5 e Z, . per LF 19 16 GRAVEL BACKFILL FOR DRAIN CUBIC (7-01) YARD $ qu`° $ /SLi.scp per CY 20 1,501 CORRUGATED POLYETHYLENE STORM SEWER PIPE 12 IN. DIAM. LINEAR (7-04) FOOT $ '} pro $ 3b, --_._ per LF 21 375 CORRUGATED POLYETHYLENE STORM SEWER PIPE 18 IN. DIAM. LINEAR (7-04) FOOT $ 3 E'5_1 $1 q, Lj t,03,-7 per LF 22 424 CORRUGATED POLYETHYLENE STORM SEWER PIPE 24 IN. DIAM. LINEAR (7-04) FOOT $5 1•u3 $i1. �z per LF 23 15 HIGH -DENSITY POLYETHYLENE (HDPE) STORM SEWER PIPE 24 IN. DIAM. LINEAR (7-04) FOOT $ IrIO. 12.. $ �-, ��!• per LF 24 19 CATCH BASIN TYPE 1 EACH (7-05) per EA BEACHWAY DRIVE & FERNIPARK STORMWATER IMPROVEMENTS BID PROPOSAL FORMS Page 12 100 25 11 CATCH BASIN TYPE 2 48 IN. DIAM. EACH (7-05) $ 7-331,75 $W,,Z(R, 7- J per EA 26 1 CATCH BASIN TYPE 2 60 IN. DIAM. EACH (7-05) $$�-��3r per EA 27 1 CONCRETE INLET EACH (7-05) $ L ol(-32- $ L 32' per EA 28 1 STORM FILTER MANHOLE 72 IN. DIAM. EACH (8-19) 0 $3�, (°° $ 33, r33. c�a per EA 29 10 PLUGGING EXISTING PIPE EACH (7-08) $ $, per EA 30 7 ESC LEAD DAY (8-01) $��. �� $ 52-c.z7 per DAY 31 10 INLET PROTECTION EACH (8-01) l0�(.5-7 $ (,b45.! per EA 32 1 EROSIONNVATER POLLUTION CONTROL EST (8-01) _$ 7,500.00 $ 7,500,00 EST 33 650 SEEDING, FERTILIZING AND MULCHING SQUARE (8-01) YARD per SY BEACHWAY DRIVE & FERN/PARK STORMWATER IMPROVEMENTS BID PROPOSAL FORMS $ Page 13 101 34 150 BIODEGRADABLE EROSION CONTROL BLANKET SQUARE (8-01) YARD s �o p� $ q5-7. per SY 35 120 SEEDED LAWN INSTALLATION SQUARE (8-02) YARD per SY 36 1 LANDSCAPE RESTORATION EST (8-02) 15,000.00 $ 15,000.00 EST 37 140 EXTRUDED CURB LINEAR (8-04) FOOT $ 1-7• ° 3 $ Zs ��'�-t. Za per LF 38 40 CEMENT CONCRETE DRIVEWAY SQUARE (8-06) YARD per SY 39 20 QUARRY SPALLS TON (8-15) $ li'Z f 3 $ y-5W- toa per TON 40 1 MAILBOX SUPPORT LUMP (8-18) SUM $2,Li-U,47 $2, y70,u7 per LS 41 12 POTHOLE EXISTING UNDERGROUND UTILITIES EACH (8-30) BEACHWAY DRIVE & FERN/PARK SI'ORMWATER IMPROVEMENTS BID PROPOSAL FORMS 560 00 $ (a.A06 per EA Page 14 102 42 1 REPAIR EXISTING PUBLIC AND PRIVATE FACILITIES EST (8-31) $ 35,000.00 $ 35,000.00 EST n Schedule A Sub -total $ LI 0,( pq L,Z� Whatcom County Sales Tax (8.5%) $ 3"ti,'a� L4, u Total Schedule A Total $ H 5Ll � u9tn- Bid Items 1 — 42 Schedule B 43 1 CLEARING AND GRUBBING LUMP (2-01) SUM per LS 44 1 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LUMP (2-02) SUM per LS 45 170 DITCH EXCAVATION INCL. HAUL CUBIC (2-03) YARD 46 220 GRAVEL BORROW INCL. HAUL TON (2-03, g-03) $ (3.'5° $Z,�c�l �a per CY $ —1. t-o $ per TON 47 10 WATER M GAL. (2-07) $ v0.00 $ov per M GAL. 48 130 STRUCTURE EXCAVATION CLASS B INCL. HAUL CUBIC (2-09) YARD 2 per CY 49 40 SHORING OR EXTRA EXCAVATION CLASS B SQUARE (2-09) FOOT BEACHWAY DRIVE & FERN/PARK STORMWATER IMPROVEMENTS BID PROPOSAL FORMS $ 150 $ Z0,OD per SF Page 15 103 50 130 CONSTRUCTION GEOTEXTILE FOR SEPARATION SQUARE (2-12) YARD per SY 51 1 TAPERED OUTFALL END SECTION WITH HINGED SAFETY BAR GRATE 18 IN. DIAM. EACH (7-03) $(3rP G° $ 3 F 1,8 per EA 52 1 TAPERED OUTFALL END SECTION WITH HINGED SAFETY BAR GRATE 24 IN,. DIAM. EACH (7-03) 53 1 CULVERT PIPE AND TRASH RACK EACH $C0,4(03.b`*° $(e Ll ®�P per EA per EA 54 60 HIGH -DENSITY POLYETHYLENE (HDPE) STORM SEWER PIPE 18 IN. DIAM. LINEAR (7-04) FOOT 12(0) t Q, (0C) per LF 55 80 HIGH -DENSITY POLYETHYLENE (HDPE) STORM SEWER PIPE 24 IN. DIAM. LINEAR (7-04) FOOT per LF 56 1 CATCH BASIN TYPE 2 48 IN. DIAM. EACH (7-05) $ Z, 516. ,53 $ Z, 540, s3 per EA 57 1 DEBRIS BARRIER EACH (7-06) ,1 $ZrZ�3i per EA BEACI-IWAY DRIVE & FERN/PARK STORMWATER IMPROVEMENTS BID PROPOSAL FORMS Page 16 104 58 5 PLUGGING EXISTING PIPE EACH (7-08) 59 230 COIR LOG LINEAR (8-01) FOOT $ per EA 4L $ �,uo per LF 60 40 GRADE CONTROL STRUCTURE LINEAR (8-26) FOOT -` slOJ per LF 61 130 SEEDING, FERTILIZING AND MULCHING SQUARE (8-01) YARD 62 30 STREAMBED GRAVEL TON (8-05) 13,yY $ per SY Per TON 63 150 BIODEGRADABLE EROSION CONTROL BLANKET SQUARE (8-01) YARD per SY 64 18 PSIPE COMMON SNOWBERRY EACH (8-02) 65 18 PSIPE KINNIKINNIK EACH (8-02) BEACHWAY DRIVE & FERN/PARK STORMWATER IMPROVEMENTS BID PROPOSAL FORMS 2 per EA 155 ct $ 7196.1:0� per EA Page 17 105 66 18 PSIPE SWORD FERN EACH (8-02) $ I, $ per EA 67 18 PSIPE SALAL EACH (8-02) $ «,s� $ per EA 68 1 LANDSCAPE RESTORATION EST (8-02) $ 8,500.00 $ 8,500A0 EST 69 20 QUARRY SPALLS TON (8-15) per TON 70 1 REPAIR EXISTING PUBLIC AND PRIVATE FACILITIES EST (8-31) 15,000.00 $ 15,000.00 EST Total Schedule B $- Bid Items 43 - 70 BID SUMMARY SCHEDULE A TOTAL (including Sales Tax) SCHEDULE B TOTAL $ obi Ii�l,(j, 5 3 TOTAL BID. Schedule A and B $ �2Q , R2-3- Prospective bidders acknowledge and are responsible for obtaining a complete copy of 40 CFR Part 31 from the internet (see link below). id p cs;#::r,sid= 8c 89i-�79d7c 4 f423 12011c3g"-17a-'ee ri,"n=-div-i.vie =texttnode-40%3.A 1.0. l 2,29 ° idno=40 • cc=ecf-r BEACHWAY DRIVE & FERNIPARK STORMWATER IMPROVEMENTS BID PROPOSAL FORMS Page 18 106 NON -COLLUSION DECLARATION BEACHWAY DRIVE & FERN/PARK STORMWATER IMPROVEMENTS I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: That the undersigned person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. BEACHWAY DRIVE & FERN/PARK STORMWATER IMPROVEMENTS BID PROPOSAL FORMS Page 19 107 ] 01 4A 101 � I I 19 ISKIMM0,1- The name of the Bidder submitting this proposal, the address and phone number to which aft communications concerned with this proposal shall be made and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Telephone: Z co3 Contractor's WA Registration Number:�� Contractor's WA UBI Number: Contractor's WA Employment Security Department Number:CQ (� Contractor's WA Excise Tax Registration Number: The Firm submitting this proposal is a: Sole Proprietorship _ Partnership Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal aws principals are as follows: -WIcAffWJiIT�F �6 NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. BEACHWAY DRIVE & FERN/PARK STORNIWATER IMPROVEMENTS BID PROPOSAL FORMS Page 20 m BID PROPOSAL SIGNATURE AND ADDENDUM ACKNOWLEDGMENT The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions for this project. CASHIER'S CHECK CASH DOLLARS CERTIFIED CHECK COUNTY SURETY BOND ❑ IN THE AMOUNT OF E ❑ ($ ) PAYABLE TO WHATCOM V, IN THE AMOUNT OF 5% OF THE BID. Receipt is hereby acknowledged by addendum(s) No.(s) _I, , & SIGNATURE OF AUTHORIZED OFFICI,AAL(S) (PROPOSAL MUST BE SIGNED)- 1.�}•(i�V'�`�� (Seal) FIRM NAME: L STATE OF WASHINGTON ) ). ss. COUNTY OF WHATCOM ) On this day of, 2014, before me personally appeared -Itto me personally known to be the person described in and who executed the above instrument and who acknowledged to me the act of signing thereof ,��11911111t0ilrl'' .,10N 6x,%� $01 An IF I -A R Y P T , in and for the e of WasWdgton. residin t:Ql�{l Commission Expires: t This prop MAP QS� is o���'able and any alteration of the firm's name entered hereon without pridI�r ` "��'�ihatcam County will be cause for considering the proposal irregular and fcir'Sb tW&ejection of the bid. BEACHWAY DRIVE & FERNIPARK STORMWATER IMPROVEMENTS BID PROPOSAL FORMS Page 21 109 1 - 0 ► 8 KNOW ALL MEN BY THESE PRESENTS, that we, Len Honcoop Gravel Inc Lynden, Washington as principal, and the AMCO Insurance Company a corporation duly organized under the laws of the State of Iowa and having its principal place of business at Lynden in the State of Washington, as Surety, are held and firmly bound unto Whatcom Municipal Corporation in the State of Washington, in the full and penal suns of fi (5%) of the total bid amount appearing on the bid proposal of said principal fo. hereinafter described, for the payment of which, well and truly to be made, we bin< executors, administrators and assigns, and successors and assigns, jointly and firmly by these presents. The condition of this bond is such that, whereas, the principal herein is herewith his or its bid proposal for Beachwav Drive & Fern/Park Stormwater Impro, proposal, by reference thereto, being hereby made a part hereof. NOW, THEREFORE, if the said bid proposal submitted by the said PRIN, accepted, and the contract be awarded to said PRINCIPAL, and if said PRINCI duly make and enter into and execute said contract and shall furnish the performan required by the bidding and contract documents within a period of seven (7) cal from and after said award, exclusive of the day of such award, then its obligation above -mentioned penal sum as liquidated damages shall be null and void, othem remain and be in full force and effect. SIGNED AND SEALED this 27th day of, June 2014. Len Honcoop Gravel Inc Principal By '�2�1_ - -�_ (Seal) of :ounty, a e percent the work our heirs, bid [PAL be AL shall a bond as idar days :) pay the e it shall AMCO Insurance Company Surety a Fly Daun K. Botta Pillo Attorney -In -Fact The Attorney -in -Fact who executes this bond on behalf of the surety company, muit attach a copy of his power -of attorney as evidence of his authority. BEACRWAY DRIVE & FER.VIPARK STORMWATER IMPROVEMENTS BID PROPOSAL EORh65 Page 22 110 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company' and collectively as the "Companies," each does hereby make, constitute and appoint: PAUL D. KENNER CHRISTINE M. KENNER ROD J. STARKENBURG DAUN K. BOTTA PILLO ANN M. WEBER ROBER"I' N. HAGEDORN KAREN S. CRANE ROBERTA L. GREEN MICHELE C. SMITH LYNDEN WA each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS S 500,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature thatthe business of the Company may require; and to modify or revoke, with or without cause, any such appointmentor authority; provided, however, thatthe authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company.' "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 1 e day of February , 2014. +� ♦*. mb!nI#, Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, «'Sj"*/ ..SEAL). � AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance .,;= •,' / .I Company ACKNOWLEDGMENT �r / / ° �, �'* STATE OF IOWA, COUNTY OF POLK: ss On this 13"' day of February, 2014, before me came the above -named officer for the Companies aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument bythe authorityand s�+��� ♦�M direction of said Companies. r r�i A 'M T� SandyAlitz Notarial Seal —Iowa *,SEAL:. -";SEA- Commissinn NumbLr 152785 My Commission Expires March, 24, 2017 Notary Public N My Commission Expires CERTIFICATE March 24, 2017 I, Robert W Horner 111, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; thatthe resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has notbeen revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 27 ay of Ji inp 20_J_4_ �✓✓ Secretary This Power of Attorney Expires 05/18/15 BDJ 1(03-14) 00 06384 111 The name of the Agency or Client for which the project was performed, including the address, phone number the name of the project manager: Project Narne:c Nva%0A d_ 0 j Agency or Client v[d Project Manager's Name: Address: Phone Number: 3U-C `" 1 S '� Lf 5D Project Namur �Q j r �"J I �� "My ( AN. ! ♦a A Al . 1 3 ItA—I Aa 4 Agency or ClientUA -LCM UUAW B[-fit Ukff Q Project Manager's Name:ft Address:7J%`�t, ��7J1Li�l�%�� �tY i Phone Number: 5[40 -` 15•-7�n P•�jeet a: -rely Agency or Client: Project Manager's pN�ame: Address: N-2. tk� .. C (illlt M Phone Number: SJO — J l a— 2 q BEACHWAY DRIVE & FERN/PARK STORMWATER IMPROVEMENTS BID PROPOSAL FORMS � 1` —1— ,JMNAq 2 NRIy ptp& bjcL� U ke �61 Page 23 112 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 258 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Rud Brown 7/1/2014 7/8/2014 Introduction Division Head: Dept. Head: q. Prosecutor: 71ca Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Ordinance amending WCC 2.03 Boards and Commissions ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance amending Whatcom County code 2.03, Boards and Commissions - Appointment of noncouncilmembers to boards, commissions and committees. COMMITTEEACTION.• COUNCIL ACTION. 7/8/2014: Introduced 7-0 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. 113 2014 Ord\Ordinance Amending WCC 2.03, Boards and Commissions SPONSORED BY: CONSENT PROPOSED BY: BROWNE INTRODUCTION DATE: ORDINANCE NO. AMENDING WHATCOM COUNTY CODE 2.03, BOARDS AND COMMISSIONS WHEREAS, Whatcom County Code Section 2.03 sets forth guidelines for the appointment of councilmembers and non-councilmembers to boards, commissions, and committees; and WHEREAS, citizens have indicated that the current application deadline in the County Code for Council -appointed boards, commissions, and committees does not allow sufficient time for the public to review the applications; and WHEREAS, the current deadline in the County Code does not allow sufficient time for councilmembers to fully review and consider applications submitted after the publication of the Council packet; and WHEREAS, the current deadline in the County Code does not allow sufficient time for councilmembers to contact and/or interview applicants pursuant to WCC 2.03.075 (A) and WCC 2.03.075 (B); and WHEREAS, an amendment to Whatcom County Code 2.03 is necessary to change the application deadline for all applicants. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 2.03 is hereby amended as indicated in Exhibit A to this ordinance. ADOPTED this day of , 2014. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Carl Weimer, Council Chair APPROVED AS TO FORM: ❑ Approved ❑ Denied Civil Deputy Prosecutor Jack Louws, County Executive 114 Page 1 EXHIBIT A Chapter 2.03 BOARDS AND COMMISSIONS 2.03.060 Appointment of noncouncilmembers to boards, commissions and committees. For appointment by the council of noncouncilmembers to those boards, commissions and committees performing either an administrative or a legislative function, the council shall publish vacancies on its website and include an application deadline of of the 10 a.m. on Tuesday of the week prior to the regularly scheduled council meeting at which nominations and possible vote to appoint are scheduled to occur. Councilmembers shall make nominations from the list of applicants at this same regularly scheduled council meeting. Nominations for appointment to any position having a residency requirement as to council district shall be made only by the councilmembers from the district or the councilmember at large. Appointment of the nominees shall occur by an affirmative roll -call vote by a majority of the entire council. In the case of only one applicant for a given vacancy, nomination and appointment by general consent may occur. (Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Ord. 91- 030 (part)). Page 2 115 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 269 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Rud Brown 7/1/2014 7/8/2014 Introduction Division Head: Dept. Head. Prosecutor: Purchasing/Bud et: Executive: TITLE OF DOCUMENT: Resolution amedning WCC 100.02 FCZD and subzone advisory committee vacancies ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution amending WCC 100.02 Flood Control Zone District Advisory Committee Vacancies and Whatcom County 100.06, Subzone advisory committee vacancies. COMMITTEEACTION. COUNCIL ACTION.• 7/8/2014: Introduced 7-0 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. 116 2014 Res\Resolution Amending WCC 100, Bos SPONSORED BY: CONSENT PROPOSED BY: BROWNE INTRODUCTION DATE: RESOLUTION NO. (RESOLUTION OF THE FCZD BOARD OF SUPERVISORS) AMENDING WHATCOM COUNTY CODE 100.02, FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE VACANCIES, AND WHATCOM COUNTY CODE 100.06, SUBZONE ADVISORY COMMITTEE VACANCIES WHEREAS, Whatcom County Code Sections 100.02.080 and 100.06.080 set forth guidelines for the appointment of citizens to the Flood Control Zone District Advisory Committee and all flood subzone advisory committees; and WHEREAS, citizens have indicated that the current application deadline in the County Code for Board of Supervisor -appointed advisory committees does not allow sufficient time for the public to review the applications; and WHEREAS, the current deadline in the County Code does not allow sufficient time for board members to fully review and consider applications submitted after the publication of the County Council packet; and WHEREAS, amendments to Whatcom County Code Sections 100.02 and 100.06 by the Whatcom County Council on behalf of the Whatcom County Flood Control Zone District Board of Supervisors are necessary to change the application deadline for all advisory committee applicants. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council, acting as the Whatcom County Flood Control Zone District Board of Supervisors, that Whatcom County Code 100.02 and 100.06 are hereby amended as indicated in Exhibit A to this resolution. APPROVED this day of , 2014. ATTEST: Dana Brown -Davis, Clerk of the Council APPROV D AS TO FORM: ivil Deputy Prosecutor WHATCOM COUNTY COUNCIL Carl Weimer, Chair Flood Control Zone District Board of Supervisors Page 1 117 EXHIBIT A Chapter 100.02 FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE 100.02.080 Vacancies. When a vacancy occurs as the result of a completed term, or due to the death, resignation, or unexcused absence from two consecutive regular meetings of the advisory committee, or if for any other reason a member is unable to fulfill the duties of membership, the vacancy will be filled by appointment of the Whatcom County flood control zone district board of supervisors. Any person interested in serving on the advisory committee may be appointed by the board of supervisors to a list of alternate members for a period of six years. Alternate members shall be notified of each meeting of the advisory committee and encouraged to attend when possible. When a mid-term vacancy occurs, the board may choose to solicit additional applications, or it may decide to fill the vacancy from the alternate list without soliciting additional applications if it determines that an alternate can fill the vacancy while maintaining the desired geographic and stakeholder diversity or the appropriate governmental representation on the committee. When a vacancy occurs following a completed term, the board will solicit applications for the vacancy from the community as well as considering appointment from the alternate list. The Whatcom County flood control zone district board of supervisors shall advertise a vacancy and include an application deadline of 10 a.m, on Tuesday of the week prior to the regularly scheduled council meeting at which nominations and possible vote to appoint are scheduled to occur. Board members shall make nominations from the list of applicants and list of alternate members at this same regularly scheduled meeting. Appointment of the nominees shall occur by an affirmative roll -call vote by a majority of the entire board. In the case of only one applicant/alternate member for a given vacancy, nomination and appointment by general consent may occur. (Res. 2010-039 Exh. A; Res. 2009-027 Exh. A; Res. 2001-046; Res. 92-029 (part). Formerly 2.92.080). Chapter 100.06 SUBZONE ADVISORY COMMITTEES 100.06.080 Vacancies. When a vacancy occurs as the result of a completed term, or due to the death, resignation, or unexcused absence from two consecutive regular meetings of an advisory committee, or if for any other reason a member is unable to fulfill the duties of membership, the vacancy will be filled by appointment of the Whatcom County flood control zone district board of supervisors. The Whatcom County flood control zone district board of supervisors shall advertise a vacancy and include an application deadline of 10 a.m. on Tuesday of the week arior to the regularly scheduled council meeting at which nominations and possible vote to appoint are scheduled to occur. Board members shall make nominations Page 2 118 from the list of applicants and list of alternate members at this same regularly scheduled meeting. Appointment of the nominees shall occur by an affirmative roll -call vote by a majority of the entire board. In the case of only one applicant/alternate member for a given vacancy, nomination and appointment by general consent may occur. If a position has remained vacant for more than 90 days due to a lack of qualified applications having been received, an applicant who has previously served on the advisory committee may be appointed to serve an additional term, notwithstanding any other provisions of this title. (Res. 2012-005 Exh. A; Res. 2010-039 Exh. A; Res. 2008-054 Exh. A). Page 3 119 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 -- 276 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Browne 7/15/2014 7/22/2014 Finance / Council Division Head: Dept. Head: Prosecutor: Purchasing/Bud et. Executive: TITLE OF DOCUMENT. Resolution establishing policy for acronym use in documents submitted to Council ATTACHMENTS: Resolution 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.) This resolution establishes guidelines regarding the use of acronyms in documents prepared and submitted to the County Council. 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. 120 2014 Res\Acronym Usage Resolution SPONSORED BY: CONSENT PROPOSED BY: BROWNE INTRODUCTION DATE: JULY 22, 2014 RESOLUTION NO. ESTABLISHING A POLICY FOR ACRONYM USE IN DOCUMENTS SUBMITTED TO THE COUNTY COUNCIL WHEREAS, acronyms (words or abbreviations formed from the initial letters of a name or phrase) are commonly used in business and technical writing to avoid repetitive use of long, cumbersome names or phrases; and WHEREAS, proper use of acronyms can enhance the reading process and foster greater comprehension and understanding of detailed information; and WHEREAS, improper or over -use of acronyms can cause readers to become confused and disinterested; and WHEREAS, unidentified or confusing acronyms can lead to a lack of clarity and may prevent citizens from becoming sufficiently aware of important issues, programs, and services; and WHEREAS, transparency in government cannot occur without the use of plain language in all communications; and WHEREAS, it is imperative that documents shared between Whatcom County agencies, departments, elected officials, and the public be clearly written and easily understood; and WHEREAS, the County Council wishes to encourage the production and submission of documents that are concise and readable by establishing guidelines for the use of acronyms for all future paperwork submitted to the Council for review and action. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that documents prepared and submitted to the County Council shall adhere to the following guidelines for acronym use: 1. Acronyms will only be used for words or phrases that will be repeated numerous times throughout a document. 2. The first in -text reference to an acronym will be written out, followed by the acronym itself written in capital letters and enclosed by parentheses. Subsequent references to the acronym can be made by the capital letters alone. 3. Acronyms will be presented in full capital letters (e.g.: DOH for Department of Health). 121 4. If numerous acronyms are necessary in one document, an acronym glossary will be included. BE IT FINALLY RESOLVED that a list of acronyms commonly used by Whatcom County is attached as Exhibit A to this resolution as reference (list not all- inclusive). APPROVED this day of , 2014. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor Carl Weimer, Council Chair 122 ACRONYMS EXHIBIT A 11 ADA Americans with Disabilities Act ACIR Advisory Commission on Intergovernmental Relations AFW Agriculture, Fish and Water Forum AGO Attorney General's Opinion (state) AICP American Institute of Certified Planners ALS Advanced Life -Support System APA American Planning Association APWA American Public Works Association AS Whatcom County Administrative Services Department ASPA American Society for Public Administration ATSDR Agency for Toxic Substances and Disease Registry AWB Association of Washington Business AWC Association of Washington Cities AWC RMSA Association of Washington Cities Risk Management Service Agency B&O Business and Occupation Tax BA Biological Assessment BARS Budgeting, Accounting, and Reporting System (state requirements) BAS Best Available Science BBLENS Birch Bay, Blaine, Lynden, Everson, Nooksack, Sumas BIA Building Industry Association BIA Bureau of Indian Affairs BLM Bureau of Land Management BLS Bureau of Labor Statistics (Dept. of Labor) BMP Best Management Practices BO Biological Opinion BOE Board of Equalization BPA Bonneville Power Administration CAO Critical Area Ordinances CCA Candidate Conservation Agreement CDBG Community Development Block Grant CDs Conservation Districts CEDS Community Economic Development Strategy CERB Community Economic Redevelopment Board CFHMP Comprehensive Flood Hazard Management Plan CFO Conservation Farm Option CFR Code of Federal Regulations (federal agency rules CFS Cubic feet per second CIAW Cities Insurance Association of Washington CIP Capital Improvement Plan CJTC Criminal Justice Training Commission CM Council Member CIVIC Certified Municipal Clerk COE U.S. Army Corps of Engineers COG Council of Governments COM Department of Commerce CPI Consumer Price Index CRAB County Road Administration Board CREP Conservation Reserve Enhancement Program CRP County Road Project CRP Conservation Reserve Program CTR Commute Trip Reduction (state law) CWA Clean Water Act CWSP Coordinated Water Supply Plans CZMP Coastal Zone Management Program DASA Division of Alcohol & Substance Abuse DCTED Department of Community Trade and Economic Development DD Developmental Disabilities DEIS Draft Environmental Impact Statement DFW Department of Fish and Wildlife DNR Department of Natural Resources DNS Determination of Non -significance DOA Department of Agriculture DOE Department of Ecology DOE Department of Energy DOH Department of Health DOT Department of Transportation DRS Department of Retirement Systems DSHS Department of Social and Health Services DSS Decision Support System Rev 7/8/2014 123 ACRONYMS E-911 Enhanced 911 Communication System EDA US Economic Development Administration EDC Economic Development Council EDI Economic Development Investment (Board) EFH Essential Fish Habitat EIS Environmental Impact Statement EMS Emergency Medical Service EPA Environmental Protection Agency ESA Endangered Species Act ESD Employment Security Department ESHB Engrossed Substitute House Bill ESU Evolutionary Significant Unit FAA Federal Aviation Administration FCAAP Flood Control Assistant Account Program FCC Federal Communications Commission FCZDAC Flood Control Zone District Advisory Committee FEIS Final Environmental Impact Statement FEMA Federal Emergency Management Agency FEMAT Forest Ecosystem Management Assessment Team FERC Federal Energy Regulatory Commission FLSA Fair Labor Standards Act (federal law) FM HA Farmers Home Administration FMLA Family and Medical Leave Act (state and federal laws) FOTG Field Office Technical Guide FPB Forest Practice Board FSA Farm Service Agency FTE Full Time Equivalent FWS Fish and Wildlife Service FY Fiscal Year GCNR Government Council on Natural Resources GFOA Government Finance Officers Association 21 GIS Geographic Information System GMA Growth Management Act GMA Growth Management Act GMHB Growth Management Hearings Board HB Hearings Board HB House Bill HCP Habitat Conservation Plan HIDTA High Intensity Drug Traffic Act HPA Hydraulic Project Approval HUD Us Department of Housing and Urban Development IAC Interagency Committee for Outdoor Recreation ICBO International Conference of Building Officials ICMA International City Management Association ICT Interjurisdirtinnal Coordinating Team IFIM Instream Flow Incremental Method IIMC International Institute of Municipal Clerks IMLA International Municipal Lawyers Association IPSW Interagency Permit Streamlining Workgroup IRT Interagency Review Team ISAT Interagency Science Advisory Team ISIS Integrated Salmonid Information System ISP Independent Science Panel ISTEA Intermodal Surface Transportation Efficiency Act IT (Whatcom County Division of) Information Technology JARPA Joint Aquatic Resource Permit Application JFE Jobs for the Environment JNRC Joint Natural Resources Cabinet L&I Department of Labor and Industries LCREP Lower Columbia River Estuary Program 124 Rev 7/8/2014 ACRONYMS LCSCI Lower Columbia Steelhead Conservation Initiative LEED Leadership in Energy & Environmental Design LEOFF Law Enforcement Officers and Fire Fighters Retirement System LGPI Local Government Personnel Institute, AWC LID Local Improvement District LWD Large Woody Debris MOA Memorandum of Agreement MOU Memorandum of Understanding MRSC Municipal Research and Services Center NACO National Association of County Officials NAHRO National Association of Housing and Rehabilitation Officials NAS National Academy of Science NATaT National Association of Towns and Townships NEPA National Environmental Policy Act NFPA National Fire Protection Association NLC National League of Cities NMFS National Marine Fisheries Services NOAA National Oceanic and Atmospheric Administration NPDES National Pollution Discharge Elimination System NRC National Research Council NRCS Natural Resource Conservation Service NSRSN North Sound Regional Support Network NWAPA North West Air Pollution Authority NWIFC Northwest Indian Fisheries Commission NWPPC Northwest Power Planning Council NWRC North West Regional Council OAC Office, Administrator of the Courts OFM Office of Financial Management OPMA Open Public Meetings Act OSHA Occupational Safety & Health Administration OSHA Occupational Safety and Health Act 3� (federal) PAW Planning Association of Washington PDC Public Disclosure Commission PDS Whatcom County Planning & Development Services Dept. PERC Public Employment Relations Commission PERS Public Employees Retirement System PFC Properly Functioning Condition PFH Properly Functioning Habitat PFP Properly Functioning Population PHAB Public Health Advisory Board PHS Priority Habitat Species PI Priority Index PRIMA Public Risk Management Association (state and national) PSAT Puget Sound Action Team PSRC Puget Sound Regional Council PSWQAT Puget Sound Water Quality Action Team PSWQMP Puget Sound Water Quality Management Plan PTBA Public Transit Benefit Area PUD Public Utility District PWS Public Water Systems PWTF Public Works Trust Fund RCO Washington State Recreation and Conservation Office RCW Revised Code of Washington REET Real Estate Excise Tax RFP Request for Proposal RFQ Request for Qualifications ROW Right of Way SAO State Auditor's Office SaSI Salmonid Stock Inventory SASSI Salmon and Steelhead Stock Inventory SEPA State Environmental Protection Act SEPA State Environmental Policy Act SMA Shoreline Management Act SMP Shoreline Master Program SMSA Standard Metropolitan Statistical Area SOS Save Our Wild Salmon Rev 7/8/2014 125 ACRONYMS SRFB Salmon Recovery Funding Board SSB Substitute Senate Bill SSHEAR Salmonid Screening, Habitat Enhancement and Restoration SSHIAP Salmon and Steelhead Habitat Information and Assessment Project SSRS Statewide Salmon Recovery Strategy TDM Transportation Demand Management TDR Transfer of Development Rights TFW Timber, Fish, and Wildlife TIB Transportation Improvement Board TIP Transportation Improvement Program TMDL Total Maximum Daily Load UBC Uniform Building Code UFC Uniform Fire Code UGA Urban Growth Areas ULID Utility Local Improvement District USBR United States Bureau of Reclamation USC Unite States Code (federal law) USCE United States Corps of Engineers USDA United States Department of Agriculture USEPA United States Environmental Protection Agency USFS United States Forest Service USFWS United States Fish and Wildlife Services USGS United States Geological Service USGS United States Geological Survey WA Washington WABO Washington Association of Building Officials WAC Washington Administrative Code WACD Washington Association of Conservation Districts WACO Washington Association of County Officials WAFEF Washington Agriculture and Forestry Education Foundation WAPELRA Washington Public Employer Labor Relations Association WASHPIRG Washington Public Interest Research Group OR WASPC Washington Association of Sheriffs and Police Chiefs WAU Watershed Administrative Unit WCC Whatcom County Code WCC Washington Conservation Corps WCIA Washington Cities Insurance Authority WCMA Washington City/County Management Association WDFW Washington Department of Fish and Wildlife WFOA Washington Finance Officers Association WGEP Washington Governmental Entity Pool WHIP Wildlife Habitat Incentives Program WID Watershed Improvement District WISHA Washington Industrial Safety and . Health Act (state) WMCA Washington Municipal Clerks Association WRIA Water Resources Inventory Area WSAC Washington State Association of Counties WSAFC Washington State Association of Fire Chiefs WSAMA Washington State Association of Municipal Attorneys WSDA Washington State Department of Agriculture WSDOT Washington State Department of Transportation WSHRC Washington State Human Rights Commission WSP Wild Salmonid Policy WSRDC Washington State Rural Development Council WSU Washington State University WTA Whatcom Transit Authority WTSC Traffic Safety Commission WUTC Utilities and Transportation Commission WWTP Wastewater Treatment Plant 126 Rev 7/8/2014 WFTAT(OXI r0TINTY rOTIN('TT, AGENDA BILL NO. 2014-264 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: LR 7/2/14 �- � C � � � _ � �� � C � �� 7122114 Finance/Council Division Head: Dept. Head. C Oe COUNTY ar . lProsecutor: �q COUNCIL Purchasing/Budget: Executive: / 4.4 TITLE OF 11 ENT. Resolution Ordering the Cancellation of Unclaimed Funds more than Two Years Old Whatcom County Jail Inmate Trust Fund Unclaimed Funds Prior to June 30, 2012 ATTACHMENTS: Above mentioned resolution and list of Unclaimed Funds 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. The attached resolution will allow Administrative Services and the Treasurer's Office to cancel the unclaimed funds listed in Exhibit A and enable them to report and remit those funds to DOR Unclaimed Property Division. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatconi.wa.us/council. 127 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: RESOLUTION NO. ORDERING THE CANCELLATION OF UNCLAIMED FUNDS MORE THAN TWO YEARS OLD WHEREAS, RCW 63.29.130 states that property held by courts and public agencies that remains unclaimed by the owner for more than two years is presumed abandoned; and, WHEREAS, the Whatcom County Sheriff's Office/Jail has provided a list of Inmate Trust Fund balances prior to 06-30-12 that have not been claimed by the owner. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Administrative Services Finance and the Treasurer's Office are directed, pursuant to RCW 63.29.130, to cancel the unclaimed funds listed in Exhibit A, and to report and remit those funds to DOR Unclaimed Property Division. APPROVED this day of , 2014. ATTEST: WHATCOM COUNTY COUNCIL Dana Brown -Davis, Council Clerk APPROVED as to form: L ! sg+tj Civil beputorosecutor WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair 128 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 Amount Inmate # Inmate Name Note $0.44 A00226859 ABBOTT, CHAD EVERET Funds unclaimed from 1/13/09 $6.30 A01888929 ACEVEDO, MIGUEL ZARAGOZA Unclaimed funds from 1/13/09 $0.04 A00029566 ADAIR, MICHAEL WAYNE Unclaimed funds from 2/13/10 $0.24 A00041922 ADAMS, MATTHEW EDWARD Unclaimed Funds From 2/19/12 $0.24 A01890443 ADAMS, RUDY STEWART Unclaimed Funds From 10/18/11 $1.00 A01887676 AHEDO-BARRERA, JUAN OMAR Unclaimed funds from 5/24/09 $10.38 A00222514 AKBARI, ARMON JAMES Unclaimed funds from 1/13/09 $0.29 A00029822 ALARCON, MONIQUE ROSEMARY L. Unclaimed funds from 12/15/10 $0.22 A00021535 ALBEE, DERRICK GORDON Unclaimed funds from 2/3/09 $20.00 A00041663 ALBRIGHT, RICHARD DAVID Unclaimed Funds From 6/27/12 $0.22 A01891977 ALCAREZ, MIGUEL ESTEBAN Unclaimed funds from 8/17/09 $0.15 A01888860 ALDERSON, COREY ANDREW Unclaimed funds from 10/14/09 $15.94 A00036209 ALDRICH, RONALD DEAN Unclaimed funds from 1/13/09 $0.03 A00031470 ALTONA, ANTHONY JAMES Unclaimed funds from 7/29/09 $14.32 A01891496 ALVARADO-REYES, MARCOS E Unclaimed Funds from 6/29/09 $0.10 A01892776 AMADOR, KAREN ELIZABETH Unclaimed Funds From 5/10/12 $5.69 A00225873 AMBERS, WILLIE EDWARD Unclaimed Funds From 1/13/09 $0.18 A00001575 ANAYA, RUBEN Unclaimed Funds From 5/10/12 $0.48 A01889806 ANDERSON, ARTHUR MARK Unclaimed Funds From 11/24/10 $0.26 A01891928 ANDERSON, CLEVELAND JOSEPH Unclaimed Funds from 5/24/11 $9.77 A01887646 ANDERSON, JACOB THOMAS Unclaimed Funds from 9/29/09 $2.51 A00226013 ANDERSON, JAMES ROBERT Unclaimed Funds from 1/13/09 $0.02 A00037493 ANDERSON, JOHN THOMES Unclaimed Funds From 5/19/10 $10.50 A00041623 ANDERSON, MIKE DAVID Unclaimed Funds From 1/3/12 $6.45 A00226817 ANDERSON, VICTORIA ROSE Unclaimed Funds From 1/13/09 $8.00 A00040444 ANGUTANO, JOSE MANUEL Unclaimed Funds From 7/5/11 $3.00 A00226260 ANTONIO-GONZALEZ, LUCINO Unclaimed Funds From 1/13/09 $15.52 A00021578 ARAICA, GEOVANNY JOSE Unclaimed Funds From 5/13/10 $0.61 A00022950 ATCHLEY, DESIREE ALEXANDRIA Unclaimed Funds from 6/2/10 $0.41 A00224092 ATKINSON, KEVIN WAYNE Unclaimed Funds from 1/13/09 $0.24 A00029957 ATTEBERRY, JUSTIN EARL Unclaimed Funds from 1/13/09 $9.32 A01887394 AYALA, JOEL Unclaimed Funds From 7/3/11 $7.05 A00224204 BACUSMO, DAVID WAYNE Unclaimed Funds From 1/5/11 $0.36 A00037713 BAFARO, RICHARD Unclaimed Funds From 4/27/10 $9.00 A01888605 BAGSBY, JOSEPH ALVAREZ Unclaimed Funds From 2/13/12 $0.23 A00029377 BAILEY, SHAWNA RENE Unclaimed Funds from 3/3/10 $4.51 A00223561 BAKER, MICHELLE CHRISTINE Unclaimed Funds From 1/13/09 $15.39 A00027359 BAKER, RONALD DALE Unclaimed Funds From 1/13/09 $2.00 A00040129 BALDOVINOS, RAMIRO GOMEZ Unclaimed Funds From 9/5/11 $0.01 A00037598 BALLESTEROS, STEPHANIE ANN Unclaimed Funds From 10/24/11 $5.61 A00024339 BALLEW, DERRICK WALTER Unclaimed Funds From 5/10/12 $0.82 A01890019 BAPTISTA, ARISTOTLE DANGILAN Unclaimed Funds From 12/10/09 $0.67 A00225011 BARNESS, ROBERT MICHAEL Unclaimed Funds from 11/17/09 $20.10 A00039560 BARONE, RODNEY ALLEN Unclaimed Funds from 2/9/11 $25.00 A00039937 BARTLEY, TIMOTHY LUKE Unclaimed Funds From 4/19/12 $0.73 A00038405 BASAR, HARWINDER JOT SINGH Unclaimed Funds from 10/13/10 Page 1 of 18 129 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $0.35 A00021429 BEARD, DAN KEITH Unclaimed Funds From 1/13/09 $3.79 A00037674 BEARDSLEY, NATHAN ROBERT Unclaimed Funds From 11/17/10 $0.54 A01888758 BECERRA, JESSIE SERRANO Unclaimed Funds From 1/13/09 $0.35 A01892067 BEDFORD, DEREK KYLE Unclaimed Funds From 7/7/09 $0.70 A00033729 BELKLE, ROBERT ALEXANDER Unclaimed Funds From 11/15/11 $13.15 A00226522 BELL, JASON CHARLES Unclaimed Funds From 1/13/09 $0.13 A00221889 BELOUS, SERGEY ALEKSANDOROVICH Unclaimed Funds From 5/10/12 $1.23 A01892377 BENJAMIN, ANDRE Unclaimed Funds From 8/17/09 $0.13 A00226150 BERG, SARAH RENEE Unclaimed Funds From 1/13/09 $16.62 A01892725 BERGER, RAYMOND RUSSELL Unclaimed Funds From 12/24/09 $0.07 A00035841 BERGLUND, WINSTON BRUCE Unclaimed Funds From 9/15/09 $4.30 A00021696 BERNARD, JASON RICHARD Unclaimed Funds from 1/13/09 d`n n0 .pV.GC7 Ar%4 OQ4 Qn-3 Av I V.7 1.7VJ �CCOhI/ll A/1P1L�TA /-%RAAM AOTI L3^ VCIIIV VL.-/"1lr Val l h, %JIVI/1R m \ 1 Vfll! I I.....I..:.......J C......1.. Cr...... /l//1/Uv Unclaimed funds 1 rom ZJ/2 C" $8.77 A00225899 BERTAPELLE, VAL JOSEPH Unclaimed Funds From 1/13/09 $0.80 A00029685 BEVARD, CLYDE ERIC JESSE Unclaimed Funds From 1/20/10 $1.12 A00038053 BEYER, BLAKE ROBERT Unclaimed Funds From 6/25/10 $0.03 A00039989 BICE, DELAYNEE NICOLE Unclaimed Funds From 8/9/11 $0.04 A00037948 BIGGS, GRANDOLPH JAMES Unclaimed Funds From 9/8/10 $16.80 A00034994 BILL, JOSEPH ANTHONY Unclaimed Funds From 11/14/10 $0.46 A00037843 BINDER, WILLIAM MICHAEL Unclaimed Funds From 5/21/10 $1.50 A01891830 BISHOP, BUD WYATT Unclaimed Funds From 4/11/12 $0.21 A00225772 BISHOP, JONATHAN RAY Unclaimed Funds From 1/13/09 $3.69 A00225539 BLONDELL, BRETT ALLEN Unclaimed Funds From 1/13/09 $0.18 A00013560 BLONDEN, RENA LEE Unclaimed Funds From 5/10/12 $1.06 A00029690 BOB, RALPH BRANDON Unclaimed Funds From 1/13/09 $0.50 A01890888 BODISH, KENNETH DUANE Unclaimed Funds From 1/27/09 $8.52 A00032641 BOEHRINGER, CHRISTOPHER THOMAS Unclaimed Funds From 2/24/12 $0.22 A00004873 BOGART, MICHELLE CHRISTINE Unclaimed Funds From 1/12/12 $0.22 A00225016 BOGUCKI, JAMES RAYMOND Unclaimed Funds From 1/24/12 $0.02 A00021620 BONNER, STEVEN ROBERT Unclaimed Funds From 3/3/10 $7.45 A01890338 BOOME, LORALEI MEREDITH Unclaimed Funds From 1/13/09 $47.00 A00037361 BORGHORST, PATRICIA ANN Unclaimed Funds From 3/7/10 $1.54 A01892485 BOROWIEC, MARC ALAN Unclaimed Funds From 6/29/10 $0.05 A00226519 BOSMA, SALLI SUZANNE Unclaimed Funds From 10/11/11 $8.95 A00035634 BOSTON, JEFFREY RAY Unclaimed Funds From 1/13/09 $6.40 A01889447 BOWER, CAROLYN ANN Unclaimed Funds From 1/13/09 $0.11 A00037668 BOWLES, DUSTIN CIMMARON Unclaimed Funds From 10/14/10 $2.95 A00021690 BRAATEN, KEVIN BRUCE Unclaimed Funds From 11/17/10 $7.49 A00032623 BRANDT, HENRY CHARLES Unclaimed Funds From 5/10/12 $0.09 A00021653 BRAXTON, JASON PAUL Unclaimed Funds From 5/10/12 $3.29 A01890814 BREWER, DEANNA KATHLEEN Unclaimed Funds From 1/22/09 $7.18 A00224504 BRICK, MATTHEW TYLER Unclaimed Funds From 2/16/11 $3.62 A00225132 BRIONES, ROBERTO Unclaimed Funds From 1/13/09 $9.22 A00224509 BROOKS, FAWN MARIE Unclaimed Funds From 1/13/09 $17.35 A00025038 BROOKS, LARRY G Unclaimed Funds From 3/24/10 $0.48 A00039616 BROWN, DEREK M Unclaimed Funds From 2/20/11 $1.50 A00039621 BROWN, JARED AUSTIN Unclaimed Funds From 2/20/11 130 Page 2 of 18 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $1.74 A01888543 BROWN, WILLIE RAY Unclaimed Funds From 1/27/11 $0.29 A00034566 BROWNING, SCOTT RONALD Unclaimed Funds From 7/28/10 $0.63 A00041220 BRUMLEY, HAYDEN ALAN Unclaimed Funds From 11/7/11 $0.01 A01887174 BRUNDAGE, MIKEL WAYNE Unclaimed Funds From 5/19/10 $1.95 A01888985 BRUNK, IAN WHITNEY Unclaimed Funds From 10/6/10 $30.00 A00027933 BRYAN, LETIZIA JEAN Unclaimed Funds From 1/13/09 $19.50 A00042099 BUCKINGHAM, DAVID HANNON Unclaimed Funds From 3/19/12 $0.94 A01887201 BUCKLEY, DANIEL AUGUST Unclaimed Funds From 1/13/09 $0.10 A00222454 BUCKLIN, KENDALL LAWRENCE Unclaimed Funds From 1/31/12 $0.14 A00226395 BUENO, ELIJAH LUCAS Unclaimed Funds From 2/14/11 $18.00 A00227056 BULL, TYSON JOSEPH JAMES Unclaimed Funds From 1/13/09 $30.56 A00226834 BULLARD, CLIFTON ALEXANDER Unclaimed Funds From 1/13/09 $6.50 A01892052 BURCH, WILLIAM EDWARD Unclaimed Funds From 6/8/12 $10.00 A00225563 BURROW, DANNIE LEE Unclaimed Funds From 1/13/09 $3.73 A00032593 BURTON, JOSHUA DAVID Unclaimed Funds From 2/23/12 $1.09 A00005505 BUTENSCHOEN, HEIDI MARIE Unclaimed Funds From 3/18/12 $0.47 A00033385 BUYS, GARY SHAWN Unclaimed Funds From 1/13/09 $1.55 A00033996 CAGEY, CLINT BILLY JACK Unclaimed Funds From 4/11/11 $13.56 A01892475 CALHOUN, JAMES PATRICK Unclaimed Funds From 8/19/09 $0.10 A00037219 CALLAHAN, SCOTT MICHAEL Unclaimed Funds From 2/16/10 $1.12 A00224239 CAMBELL, CLINT D Unclaimed Funds From 1/13/09 $1.71 A01892224 CARBALLO-CAMBOMBIA, BERNARDO Unclaimed Funds From 9/5/09 $0.50 A01889183 CARDOSA, KIMBERLY SHANNON Unclaimed Funds From 1/13/09 $0.07 A00225466 CARPENTER, HEATH ALLYN Unclaimed Funds From 10/28/09 $7.09 A00221981 CARPENTER, ROBERT RAYMOND Unclaimed Funds From 1/13/09 $0.23 A00041322 CARRION, EDGAR ALEJANDRO Unclaimed Funds From 12/14/11 $0.36 A00004789 CARRON, JAMES LOY Unclaimed Funds From 1/13/09 $9.85 A00035809 CASTANEDA, ROSIE Unclaimed Funds From 11/30/11 $7.50 A00041570 CASTRO, MIKE FURTADO Unclaimed Funds From 12/24/11 $6.85 A01888060 CATLETT, JERRY DEE Unclaimed Funds From 1/13/09 $2.65 A01887520 CHANDLER, RANDY ALAN Unclaimed Funds From 2/9/09 $0.10 A00226924 CHANNEL, ANN MARIE Unclaimed Funds From 1/13/09 $0.04 A00004041 CHAPEL, ESTENE LYNN Unclaimed Funds From 10/18/11 $1.17 A00225278 CHARTIER, JOSEPH JOHN Unclaimed Funds From 1/13/09 $2.86 A00021819 CHASE, JON Unclaimed Funds From 7/10/09 $32.56 A01889238 CHASE, ZACHARY ADAMS Unclaimed Funds From 1/13/09 $0.92 A00226308 CHIAZZESE, SALLY KAY Unclaimed Funds From 1/13/09 $0.02 A01890811 CLARK, JAMES DION Unclaimed Funds From 9/6/11 $0.12 A00039185 CLARK, NICHOLAS TANNER Unclaimed Funds From 11/14/11 $8.53 A00024042 CLARK, RHODA MONICA Unclaimed Funds From 1/13/09 $6.25 A00039847 CLY, BERNIE Unclaimed Funds From 3/31/11 $0.85 A01889990 COAKLEY, JOHNNA JAN Unclaimed Funds From 1/13/09 $0.40 A00035332 COLLINS, CHARLES LLOYD Unclaimed Funds From 5/20/10 $0.12 A00222898 COMBS, MISTY MARIE Unclaimed Funds From 1/13/09 $1.92 A01887722 CONNER, ULYSSES VAN MALCOM L. Unclaimed Funds From 7/6/09 $60.56 A01889398 CONNORS, MATHEW JAMES Unclaimed Funds From 1/13/09 $0.22 A00021862 CONNORS, SCOTT CLELAND Unclaimed Funds From 8/18/09 Page 3 of 18 131 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $5.47 A00036726 COOK, CHARLES H Unclaimed Funds From 12/16/09 $2.19 A00042288 COOK, DEBORAH LEE Unclaimed Funds From 4/20/12 $0.01 A00222077 COONEY, STEVEN ROBERT Unclaimed Funds From 1/13/09 $1.04 A00225658 COOPER, AARON MICHAEL Unclaimed Funds From 1/13/09 $0.61 A01887130 COOPER, TYLER ROBERT JAMES Unclaimed Funds From 5/3/10 $0.39 A00004569 COOVER, PAMELA JEAN Unclaimed Funds From 12/15/10 $7.56 A00037817 CORTES, JURADO JULIO CESAR Unclaimed Funds From 8/10/10 $0.14 A01891934 COURCHANE, LEAH JEAN Unclaimed Funds From 11/3/10 $0.46 A00035955 COUTURE, BRYAN EARL Unclaimed Funds From 5/3/11 $1.40 A00036841 CRABTREE, JASON MICHAEL Unclaimed Funds From 3/15/11 $4.00 A00039908 CRAIG, BENJAMIN MIKEL Unclaimed Funds From 8/3/11 $1.46 A01887263 CRAWFORD, FREDDIE JAMES Unclaimed Funds From 2/15/09 $23.35 A00037 7 f U CROOKS, CHAI'CLEJ K UfiC:IaIfTI@Q rUnUS t-rU(TI IU/ lo/ I V $0.10 A00227044 CROWDER, JEREMY GILBERT Unclaimed Funds From 1/13/09 $0.07 A01889751 CRUZ, EDUARDO Unclaimed Funds From 5/12/10 $182.61 A01887976 CUAMACATECO-CHAVELA, EMELIO Unclaimed Funds From 1/13/09 $97.62 A01887733 CUNNINGHAM, JOHN ANDREW Unclaimed Funds From 1/13/09 $0.93 A01887450 CUPPLES, ELISE JANET Unclaimed Funds From 1/13/09 $0.06 A00041094 CUTRER, JACE DIAMOND Unclaimed Funds From 10/18/11 $2.40 A00018569 DALEN, PETER LINCOLN Unclaimed Funds From 1/13/09 $12.64 A00030643 DANIELS, MICHAEL STEVEN Unclaimed Funds From 3/10/10 $1.61 A01890165 DASILVA, JOSEPH LYNN Unclaimed Funds From 6/24/10 $27.47 A00039618 DAVIES, DAVID RICHARD Unclaimed Funds From 2/21/11 $0.49 A00037135 DAVIS, DEANNA CARROL Unclaimed Funds From 4/14/10 $0.25 A00033144 DAVIS, JONATHAN CHRISTOPHER Unclaimed Funds From 12/5/11 $0.36 A01890990 DAVIS, KIM ALEXANDER Unclaimed Funds From 12/7/11 $0.42 A00005280 DAVIS, NEIL DUANE Unclaimed Funds From 6/7/11 $0.34 A00031103 DAVISON, PAUL SCOTT Unclaimed Funds From 8/25/10 $0.37 A00226280 DAWSON, CARL ALLEN Unclaimed Funds From 11/9/11 $2.87 A00033909 DAY, TAMI LEE Unclaimed Funds From 8/3/11 $0.24 A00227080 DEAN, SONYA MERANDA Unclaimed Funds From 1/13/09 $0.25 A00038911 DEANNA-PLANCENCIA, IGNACIO Unclaimed Funds From 11/24/10 $0.47 A01888996 DELAFUENTE, CARLOS Unclaimed Funds From 1/13/09 $1.50 A00041681 DELANEY, NICHOLAS WILLIAM Unclaimed Funds From 1/12/12 $0.97 A00024375 DELGADO, JOHNNY Unclaimed Funds From 10/29/10 $0.02 A00221721 DELOZIER, JOSEPH RAY Unclaimed Funds From 1/13/09 $29.33 A00227423 DENHAM, EDWARD ALLEN Unclaimed Funds From 1/13/09 $0.84 A00223673 DENNIS, ALAN RICHARD Unclaimed Funds From 10/2/11 $0.87 A00021971 DESOTELL, BRYAN EDMOND Unclaimed Funds From 1/13/09 $0.18 A00038701 DETMERING, JENNIFER M Unclaimed Funds From 3/15/12 $8.32 A00041910 DIANA, DUANE DYLAN Unclaimed Funds From 2/21/12 $0.07 A00037019 DIGGES, KYLE ALEXANDER Unclaimed Funds From 8/8/11 $5.00 A00040096 DILL, PAULA ELIZABETH Unclaimed Funds From 6/2/11 $0.31 A00037263 DINICOLA, MARJORIE DORIS Unclaimed Funds From 2/22/10 $18.00 A00225432 DODDS, JEREMY LEE Unclaimed Funds From 1/13/09 $4.31 A01890442 DODGE, EVAN MICHAEL Unclaimed Funds From 11/24/10 $1.43 A00029961 DORNING, JASON ALAN Unclaimed Funds From 6/23/12 132 Page 4 of 18 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $0.14 A00042060 $10.66 A00226960 $0.01 $0.45 $0.01 $0.05 $0.99 $5.32 $0.75 $3.31 $6.15 $16.16 $9.24 $15.00 $17.56 $3.68 $9.61 $0.40 $6.50 $2.00 $1.00 $0.35 $25.00 $0.75 $13.38 $0.30 $0.03 $0.25 $0.37 $0.10 $1.65 $1.38 $0.48 $0.50 $46.00 $59.50 $2.50 $0.05 $3.56 $0.17 $0.16 $1.25 $0.03 $0.39 $0.20 $0.33 $0.09 A00041398 A00042571 A01891025 A01891085 A01891540 A00034591 A01888095 A00041364 A00225054 A01890669 A00038976 A00006131 A00037018 A00028778 A00024520 A01888636 A00041898 A00022073 DOUGLAS, MATTHEW JOHN DOUGLASS, DANIEL TAVIS DOUGLASS, TODD ALAN DOWD, KRISTOPHER ALLEN DOWNING, LANDON CORDERO DOWREY, KRISTEN NICOLE DRAPER, JOSHUA ROBERT DUPLISEA, CHRISTOPHER L DURAN, JOSEPH JULIAN DUSENBURY, DARREN LEE DYDE, STEVEN MICHAEL JOHN EDGINGTON, AARON J EDMONDSON, DAVID BRUCE EDWARDS-KIRKEY, HEATHER DAWN EGGERS, ROBERT DEAN EISSES, REINIER EKE, TERENCE STUART ELDRIDGE, ADAM WAYNE ELSWERTH, DARYL WAYNE EMERY, JAYME LOREN A00038690 ENGER, JAKOB CLARK A00006363 ERLANDSON, RICHARD EMIL A01888320 EVELAND, TERESA LYNN A00032554 EVINGER, WILLIAM OWEN A01889842 EWACHUCK, MATTHEW CHRISTIAN A00041201 EWING, JAMIN C A01887151 EWING, JERRY L. A01889313 FARMER, JOSHUA CLAYTON A01890312 FAUBERT, JASON RAYMOND A00025326 FAWCETT, EDWARD DAVID A00038370 FAY, MICHAEL OREN A01887818 FERREIRA, FRANK R A00225205 FILIPIAK, SCOTT ANDREW A01892856 FINSLAND, IAN THOMAS A00039944 FISCHER, LEANDRE EDMOND A00039579 FISHEL, JEFFERY TODD A01889105 FLEMING, CHAD EVERETT A01890119 FLORES-BELTRAN, EFREN E A00227260 FLOWERS, ASHLEY SUE A00226450 FORMICOLA, SALVATORE A01887309 FORTIN, BRANDON ALLEN A00038245 FOSTER, MARCUS ALAN A01892905 FOURTNER-BARTEL, KELSEA ANNE A00040770 FOX, DUSTIN STERLING A00022137 FOX, HARVEY WILLIAM A00225260 FOX, JOSEPH D A00036246 FRANCIS, BRENT SCOTT Unclaimed Funds From 3/9/12 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/25/12 Unclaimed Funds From 5/28/12 Unclaimed Funds From 8/16/10 Unclaimed Funds From 5/11/12 Unclaimed Funds From 3/28/11 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 12/2/11 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/27/11 Unclaimed Funds From 12/5/11 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/16/10 Unclaimed Funds From 3/26/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 2/21/12 Unclaimed Funds From 1/13/09 Unclaimed Funds From 7/5/11 Unclaimed Funds From 1/9/12 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/2/12 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 8/11/10 Unclaimed Funds From 2/9/11 Unclaimed Funds From 3/2/11 Unclaimed Funds From 1/13/09 Unclaimed Funds From 2/22/11 Unclaimed Funds From 2/3/11 Unclaimed Funds From 4/15/11 Unclaimed Funds From 12/3/11 Unclaimed Funds From 6/1/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 10/4/11 Unclaimed Funds From 1/13/09 Unclaimed Funds From 7/20/11 Unclaimed Funds From 6/7/11 Unclaimed Funds From 10/28/09 Unclaimed Funds From 1/12/12 Unclaimed Funds From 2/22/11 Unclaimed Funds From 1/13/09 Unclaimed Funds From 8/15/11 Page 5 of 18 133, WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $0.56 A00007052 FRANKLIN, JERRY Unclaimed Funds From 4/8/10 $0.80 A00037454 FREELS, RICHARD JOEL Unclaimed Funds from 4/1/11 $0.35 A01890938 FREEMAN, ANGELA MARIE Unclaimed Funds From 7/1/09 $0.01 A00227311 FREEMAN, TIMOTHY EARL Unclaimed Funds From 1/13/09 $0.57 A00024716 FRIEDMAN, MATTHEW LOUIS Unclaimed Funds From 11/17/10 $0.67 A01890809 FUCHSER, RYAN CHRISTIAN Unclaimed Funds From 7/20/10 $0.01 A01888025 FUENTEZ-CHAVEZ, CRISTOBAL Unclaimed Funds From 1/13/09 $0.21 A00038874 FUGERE, CHERI LYNN Unclaimed Funds From 3/1/12 $11.41 A01889793 GALLER, ALBERTO LEE Unclaimed Funds From 12/5/11 $0.44 A00221279 GANSLER, DANITA RENEE Unclaimed Funds From 4/5/10 $2.81 A00227104 GARCIA, EDGAR ALEJANDRO Unclaimed Funds From 1/13/09 $0.12 A00007314 GARCIA, JOSE PEDRO Unclaimed Funds From 9/15/09 $0 .02 A00024162 GARCIA, JV/1JCP LEE uncl cir-ned runds rFrorn I I!15! AI tI $32.13 A00038085 GARCIA-GUZMAN, ROBERTO Unclaimed Funds From 11/2/11 $4.84 A00038595 GARZA, ALEX RAUL Unclaimed Funds From 5/30/12 $4.00 A00005218 GATES, TARA CHRISTINE Unclaimed Funds From 12/2/09 $0.50 A00041241 GAY, LEAH RENE Unclaimed Funds From 11/10/11 $0.13 A01891229 GELWICKS, NATHAN RICHARD Unclaimed Funds From 1/25/10 $17.04 A00225329 GILBERT, GERI DONNA Unclaimed Funds From 1/13/09 $0.16 A00222875 GILBERT, PAMELA KAY Unclaimed Funds From 2/17/10 $4.36 A01890563 GILLESPIE, JEREMIAH JAMES Unclaimed Funds From 12/16/09 $4.60 A00226566 GODDARD, MICHAEL GARISON Unclaimed Funds From 1/13/09 $24.65 A00039788 GODDY, JOSE PLASENCIA Unclaimed Funds From 3/21/11 $0.50 A00032255 GOFF, JESSIE SUE Unclaimed Funds From 7/25/11 $0.41 A01889563 GOMEZ, JOSE ANGEL Unclaimed Funds From 9/11/11 $0.75 A00037051 GOMEZ, JOSEPH MICHAEL Unclaimed Funds From 5/2/11 $1.90 A01891035 GOMEZ-NAVARRO, AURELIO Unclaimed Funds From 2/16/09 $20.00 A00227130 GONZALES, DANNY Unclaimed Funds From 1/13/09 $5.11 A01890343 GONZALES, JOANN CRUZ Unclaimed Funds From 1/13/09 $8.12 A00034414 GONZALEZ, GERARDO Unclaimed Funds From 1/13/09 $2A6 A01889856 GONZALEZ, JUAN Unclaimed Funds From 12/22/10 $22.56 A00227129 GONZALEZ, SERVANDC? Unclaimed Funds From 1/13/09 $110.40 A01892446 GONZALEZ-HERNANDEZ, LUIS Unclaimed Funds From 9/9/09 $0.02 A01892720 GONZALEZ-PEREZ, ADRIANA Unclaimed Funds From 6/30/10 $0.09 A00224920 GOODWIN, TAMARA SUE Unclaimed Funds From 6/3/12 $3.00 A00227280 GOOLSBY, JAMES ANDREW Unclaimed Funds From 2/25/10 $7.50 A00016028 GORSUCH, MARTHA LOUISE Unclaimed Funds From 3/15/09 $0.89 A00040842 GOULD, DAVID ALEXANDER Unclaimed Funds From 9/10/11 $0.02 A01887122 GOULD, GARY DOUGLAS Unclaimed Funds From 11/4/09 $0.41 A00221384 GRABER, KATHLEEN JUNE Unclaimed Funds From 6/17/11 $0.34 A00224747 GRADY, BRIAN JOHN Unclaimed Funds From 1/13/09 $2.56 A01889013 GRAINER, CHRISTOPHER Unclaimed Funds From 12/8/11 $0.21 A01889457 GREENBERG, SCOT D Unclaimed Funds From 1/13/09 $0.25 A00008054 GREENE, TESSA REGAN Unclaimed Funds From 4/18/12 $0.83 A01891559 GREENOUGH, THOMAS LORING Unclaimed Funds From 10/21/09 $0.02 A00038761 GREER, LUKE WILLIAM Unclaimed Funds From 11/17/11 $0.15 A00227363 GREESON, MICHAEL HAROLD Unclaimed Funds From 7113/11 134 Page 6 of 18 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $50.00 A00038115 $0.50 $7.30 $0.94 $15.00 $0.23 $6.80 $0.75 $20.52 $22.56 $8.82 $17.78 $0.34 $2.38 $18.10 $0.40 $0.86 $0.02 $1.78 $0.50 $16.12 $0.81 $0.56 $1.00 $0.21 $4.68 $37.35 $0.64 $0.19 $2.40 $11.68 $10.26 $2.93 $14.50 $0.84 $0.30 $1.47 $0.30 $1.00 $3.77 $0.32 $9.56 $0.18 $0.43 $6.57 $1.99 $0.05 A01888952 A01889323 A00224943 A00040460 A01888652 A00026141 A00033161 A00224383 A01889731 A00022297 A00225280 A00039548 A00224090 A00029517 A00036199 A00222507 A00223313 A00037321 A00039956 A00040847 A00038629 A01892654 A00037400 A00225044 A00022334 A00008550 A00226377 A00036913 GRENZ, JAMIE GREVE, DANIELLE LEIGH GRIEMSMANN, NICHOLAS ALLEN GRIESSEL, NICHOLAS SHANE GROVER, ASHLEY ELIZABETH GUILIANO-LANDERS, JEREMY CHARL GUNDERSON, JASON ROBERT GUTHRIE, GRAEME THOMPSON GWOZDZ, JACOB ANTHONY PROCTOR GYNP, CANDACE C HACKLER, JONATHAN SCOTT HAKANSON, PAUL THOMAS HALL, ANTOINE D HALL, TIMOTHY JAMES HALPIN, JOHN WESLEY HAMANN, MICHAEL FREDERICK HAMBURG, BRIAN CHRISTOPHER HAMLIN, BRYAN DANIEL HANER, RYAN MICHAEL HANSEN, JACOB G HANSON, SHANE WILLIAM THOMAS HANSON, STEVEN PAUL HAQUE, TAUFIQ HARMON, BETHANY GRACE HARMON, KEVIN CHARLES HARP, JASSON DALLAS HARRIMAN, CARY CRAIG HARRIS, CLYDE RUSSELL HARRIS, DENNIS A A01887504 HARRIS, STEVEN LAMAR A00227246 HARRIS, WILLIAM TIMOTHY A01889575 HARRISON, BRANDON JERRY A00038084 HARRISON, SARAH MARIE A00041750 HART, MICHAEL EUGENE A00036889 HART, PHILLIP LEONARD A00226680 HARWAGER, ROBERT JOHN A00030511 HASKINS, EDGAR WILLIAM A00040420 HAUN, LEAH REBEKAH A00038679 HAYES, RYAN DEAN A00039305 HAYES, WILLIAM ROMARO A00226052 HAYNER, MICHAEL RAY A00008773 HAZAN, BRETT A00032579 HECOCK, CYNTHIA LEE A01890585 HENDERSON, MATTHEW ALLEN A00036709 HENDERSON, NATHAN S A01887691 HENDERSON, STACY DAWN A01890336 HENRY, SOPHIA SALENE Unclaimed Funds From 7/4/10 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 9/2/09 Unclaimed Funds From 12/1/11 Unclaimed Funds From 12/30/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 2/8/10 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 8/27/11 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/6/10 Unclaimed Funds From 1/20/12 Unclaimed Funds From 4/17/11 Unclaimed Funds From 12/12/11 Unclaimed Funds From 12/12/11 Unclaimed Funds From 9/14/09 Unclaimed Funds From 3/15/10 Unclaimed Funds From 1/13/09 Unclaimed Funds From 6/12/12 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/1/10 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 3/23/11 Unclaimed Funds From 2/29/12 Unclaimed Funds From 1/30/12 Unclaimed Funds From 1/16/10 Unclaimed Funds From 3/28/11 Unclaimed Funds From 10/29/10 Unclaimed Funds From 8/29/11 Unclaimed Funds From 9/30/10 Unclaimed Funds From 1/9/11 Unclaimed Funds From 1/13/09 Unclaimed Funds From 1/13/09 Unclaimed Funds From 10/5/09 Unclaimed Funds From 8/25/10 Unclaimed Funds From 3/23/10 Unclaimed Funds From 6/7/12 Unclaimed Funds From 2/7/12 Page 7 of 18 135 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $0.27 A01891630 HERNANDEZ, KRISTINA ELANA Unclaimed Funds From 1/4/11 $8.51 A00039531 HERNANDEZ, MARGARET LORRAINE Unclaimed Funds From 2/22/11 $121.84 A00041321 HERNANDEZ-HERNANDEZ, LAUREANO Unclaimed Funds From 12/12/11 $44.35 A01890351 HERNANDEZ-SANTOS, HIPOLITO Unclaimed Funds From 1/13/09 $9.03 A00221373 HEYKAMP, PAUL EDWARD Unclaimed Funds From 10/29/10 $10.82 A01889107 HEYWARD, DERRICK ANTONE Unclaimed Funds From 4/1/11 $8.50 A01891522 HICKS, AARON WILLIAM Unclaimed Funds From 8/31/09 $0.06 A00039744 HILLIARD, ARI KAY Unclaimed Funds From 11/7/11 $1.00 A00037307 HOCKENBURY, TOBIAS DOUGLAS Unclaimed Funds From 9/9/10 $3.00 A00226208 HOFSTETTER, STEVEN EUGENE Unclaimed Funds From 1/13/09 $2.12 A00036166 HOLTEN, TREVOR LELAND Unclaimed Funds From 3/13/12 $0.61 A00225754 HORGDAL, ANGELA RAE Unclaimed Funds From 1/13/09 $20.00 A00032952 HORNBECK, JASON DAVID Unclaimed Funds From [/ 13/097 $35.00 A00226961 HOTCHKISS, KYLE CHRISTOPHER Unclaimed Funds From 3/10/11 $3.60 A00009164 HOWELL-HIRAMOTO, JULIE ANN Unclaimed Funds From 1/13/09 $5.42 A00039098 HUDSON, JEFFREY TETSUYA Unclaimed Funds From 2/16/12 $1.92 A00225050 HUGHES, EARL DELANO Unclaimed Funds From 1/13/09 $4.28 A00026591 HULETT, JESSE MARTIN Unclaimed Funds From 1/13/09 $0.17 A00022451 HUNTER, JONATHAN DONALD Unclaimed Funds From 1/13/09 $18.73 A00037709 HUTCHINSON, SCOTT DAVID Unclaimed Funds From 5/16/11 $0.10 A00022504 IMEL, TIMOTHY RICHARD Unclaimed Funds From 8/17/11 $0.62 A00039687 INGRAM, DANNY PAUL Unclaimed Funds From 4/25/11 $0.33 A00040490 JACKSON, ANDREW FELIX Unclaimed Funds From 9/7/11 $7.56 A01888217 JACKSON, CHAD BRADLEY Unclaimed Funds From 3/23/11 $0.56 A00009805 JACOBSON, KIM ANNETTE Unclaimed Funds From 11/29/11 $0.52 A00035478 JAMES, CORDELIA ANNE Unclaimed Funds From 7/5/11 $0.24 A01889537 JAMES, !RALEE ERNEST ANTHONY Unclaimed Funds From 5/9/11 $1.49 A00226605 JAMES, JEFFREY JOEL Unclaimed Funds From 8/5/09 $0.41 A00038090 JAMES, PETER J Unclaimed Funds From 6/30/10 $4.55 A00226935 JAMES, RAMONA Unclaimed Funds From 1/13/09 $0.70 A00036158 JEFFERSON, ANTHONY JOSEPH Unclaimed Funds From 5/13/11 $0.01 A00010043 JEFFERSON, CLINTON TOBY Unclaimed Funds From 3/22/11 $4.00 A00038458 JENSEN, LEWIS A Unclaimed Funds From 10/26/10 $6.95 A00222744 JOHNSON, ABBY NACOLE Unclaimed Funds From 1/13/09 $17.56 A00226880 JOHNSON, ALEXANDER J Unclaimed Funds From 1/13/09 $5.95 A01892423 JOHNSON, CEDRIEN DURA Unclaimed Funds From 4/29/10 $77.53 A00040557 JOHNSON, CHET GLENN Unclaimed Funds From 9/5/11 $0.43 A00223211 JOHNSON, DANIEL EDWARD Unclaimed Funds From 11/3/10 $2.34 A00010291 JOHNSON, DEAN LLOYD Unclaimed Funds From 1/12/11 $0.68 A01888384 JOHNSON, KIRBY LEE Unclaimed Funds From 1/13/09 $10.27 A00035420 JONES, JARED ALLEN Unclaimed Funds From 1/13/09 $0.46 A01888272 JONES, ZACHARIAH ROBERT Unclaimed Funds From 8/18/10 $0.01 A00042663 JUDD, SAMUEL EUGENE Unclaimed Funds From 6/20/12 $1.07 A00029503 JULIUS, GAIL LOUISE Unclaimed Funds From 1/14/11 $0.33 A00034721 JULIUS, MARK JEFFERY Unclaimed Funds From 2/9/11 $45.12 A00226661 KAHLON, SURINDER SINGH Unclaimed Funds From 1/13/09 $0.10 A00039447 KAMPS, NICHOLAS ADAM Unclaimed Funds From 4/4/11 136 Page 8 of 18 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $1.87 A00010705 KANSIER, ALBERT SYDNEY PATRICK Unclaimed Funds From 3/8/11 $1.76 A00039634 KEILEY, THOMAS ROBERT Unclaimed Funds From 6/13/11 $23.64 A00033402 KELLEY, BRIAN LAWRENCE Unclaimed Funds From 1/13/09 $0.02 A00009381 KELLY, NORMAN EUGENE Unclaimed Funds From 8/24/10 $0.32 A00005846 KENNEY, DAVID LEE Unclaimed Funds From 11/22/10 $0.11 A01892642 KENSINGER, SCOTT LESLIE Unclaimed Funds From 7/14110 $0.08 A00010889 KETCHERSID, BILLY JOE Unclaimed Funds From 1/13/09 $0.81 A00036431 KIEFER, JOHN ALBERT Unclaimed Funds From 2/22/11 $30.00 A00036756 KILTHAU, JOSEPH SAMUEL Unclaimed Funds From 10/18/10 $0.12 A00037965 KINDLE, TYLER JORDAN Unclaimed Funds From 7/7/10 $5.00 A00021957 KING, JOHN JOSEPH Unclaimed Funds From 5/19/10 $0.77 A00039348 KIRKWOOD, KENNETH NORMAN Unclaimed Funds From 1/13/11 $1.00 A00225617 KLEIN, LINDSAY ANN Unclaimed Funds From 1/13/09 $4.54 A00011064 KLIMPEL, TERRY MARK Unclaimed Funds From 4/10/12 $1.18 A00011127 KNUDSEN, CAMERON DAVID Unclaimed Funds From 1/13/09 $3.29 A00038198 KNUDSEN, EVA MARIE Unclaimed Funds From 8/10/10 $2.98 A00038685 KNUTSON, DEBORAH L Unclaimed Funds From 6/2/11 $5.41 A01888331 KOHLMEIRE, RYAN FREDRICK Unclaimed Funds From 1/13/09 $1.00 A00038041 KOIDAL, PATRICK M Unclaimed Funds From 6/23/10 $0.06 A00021847 KOIVUNIEMI, TWYLA JEAN Unclaimed Funds From 1/13/09 $0.53 A00035972 KONONEN, TIMOTHY J Unclaimed Funds From 1/13/09 $8.05 A00040872 KORDASH, BENJAMIN CULVER Unclaimed Funds From 9/14/11 $0.01 A00037145 KORSMAN, ARVO ZENPACHI Unclaimed Funds From 4/26/10 $7.76 A00225236 KRAVCHENKO, VITALIY N Unclaimed Funds From 6/23/11 $0.45 A00038213 LA, LISA Unclaimed Funds From 1/4/11 $39.81 A00031224 LACLAIR, EDWARD CHARLES Unclaimed Funds From 1/13/09 $0.31 A00037680 LAMBERT, BRANDON ADLORE Unclaimed Funds From 11/2/10 $0.25 A00221978 LAMONT, ALLEN ROGER Unclaimed Funds From 12/1/10 $0.73 A00038870 LANDDEN, SHAWN EVAN SHOANE Unclaimed Funds From 11/1/11 $0.33 A01889685 LANE, JOSHUA FRANK Unclaimed Funds From 2/21/12 $10.89 A00225845 LANE, TRAVIS LOW Unclaimed Funds From 1/13/09 $25.00 A00041511 LANGE, JORDAN RATANA Unclaimed Funds From 5/2/12 $16.56 A00039534 LANGER, ANNELIESE MENDENHALL Unclaimed Funds From 2/22/11 $0.19 A00039264 LAPOINTE, MICHAEL NOEL Unclaimed Funds From 2/22/11 $5.12 A01887397 LAUGHLIN, ANDREW LAWRENCE Unclaimed Funds From 1/13/09 $3.26 A00223022 LAWRENCE, CARL MICHAEL Unclaimed Funds From 12/11/09 $4.25 A00026372 LAWRENCE, JEFFERY DEAN Unclaimed Funds From 3/21/11 $31.88 A01888580 LE, ROBERT VU Unclaimed Funds From 8/24/09 $0.03 A00222635 LEAF, ANDREW FITZGERALD Unclaimed Funds From 1/13/09 $0.10 A00225168 LEE, GARY LAMAR Unclaimed Funds From 1/13/09 $1.66 A00039853 LEECH, AMANDA CHRISTINA Unclaimed Funds From 11/7/11 $0.02 A00226592 LEISHMAN, MCCADE M Unclaimed Funds From 1/13/09 $0.52 A00224700 LELAND, DANIEL Unclaimed Funds From 1/13/09 $3.36 A01891603 LENZ, JASON RAY Unclaimed Funds From 5/22/12 $7.56 A01887269 LEOPARD, CALEB RAY Unclaimed Funds From 1/13/09 $1.91 A00226206 LETOURNEAU, JOSHUA JOHN Unclaimed Funds From 1/13/09 $58.53 A01890619 LEVAL, BENEDICT STEFAN Unclaimed Funds From 1/13/09 Page 9 of 18 137 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $0.30 A00221623 LEWIS, MANN WILLIAM Unclaimed Funds From 5/22/12 $13.11 A00039306 LEY, DONALD ROBERT Unclaimed Funds From 1/5/11 $9.50 A01887752 LINDSEY, DAVID WAYNE Unclaimed Funds From 1/1/12 $2.19 A00041190 LIRA, JOHN JESSE Unclaimed Funds From 11/3/11 $5.62 A01888027 LOHSE, STEVEN THOMAS Unclaimed Funds From 1/13/09 $7.56 A00227286 LONG, TAYLOR GREGORY Unclaimed Funds From 1/13/09 $2.38 A00001717 LOOMIS, MELISSA DANIELLE Unclaimed Funds From 1/13/09 $0.02 A00223352 LOPEZ, ANGELINA MARIE Unclaimed Funds From 1/13/09 $3.00 A00039341 LORD, ANDREW JACOB Unclaimed Funds From 4/4/11 $8.89 A01887624 LOURENCO, BRYON SCOTT Unclaimed Funds From 3/23/11 $7.20 A00221293 LOVERN, FOY KENRICK Unclaimed Funds From 1/13/09 $0.02 A00034845 LOWRY, COREY NATHAN Unclaimed Funds From 11/17/10 $0.4 1 A00012238 LWCH , RANDAL UCIVC unclaimed rums From IG/Gul 1 1 $0.70 A01890906 LYDOLPH, JOSHUA BENJAMIN Unclaimed Funds From 5/13/12 $0.55 A00041507 LYON, JORDAN LEWIS Unclaimed Funds From 1/27/12 $1.77 A00039512 LYON, KATRINA PATRICIA Unclaimed Funds From 1/31/11 $1.50 A00038016 MACDONALD, GARY DAVID Unclaimed Funds From 6/20/10 $0.01 A00225982 MACKAY, DAMIAN S Unclaimed Funds From 1/13/09 $0.44 A00041557 MACKEY, EMMETT LEE Unclaimed Funds From 5/29/12 $1.26 A00040329 MADLE, ROBERT WILLIAM Unclaimed Funds From 6/17/11 $0.06 A00225697 MAIER, ANDREA CAMILLA Unclaimed Funds From 1/13/09 $14.10 A01889516 MALDONADO, EDUARDO Unclaimed Funds From 1/13/09 $0.75 A00040687 MALICH, SAMUEL LEE Unclaimed Funds From 12/21/11 $5.54 A01887570 MALONE, PATRICK G Unclaimed Funds From 1/13/09 $0.22 A00032235 MALOY, TARYN TIMI Unclaimed Funds From 12/5/11 $4.30 A00012475 MALTOS, DIANE MARIE Unclaimed Funds From 1/13/09 $0.02 401890440 MANSKE, NICHOLAS TUCKER Unclaimed Funds From 12/22/10 $1.26 A00039962 MANSOOR, AISHA AHMED Unclaimed Funds From 4/17/11 $0.01 A00039226 MANSOOR, AMINAH AHMED Unclaimed Funds From 12/12/11 $39.47 A00022804 MARLEY, CHRISTOPHER LANE Unclaimed Funds From 1/13/09 $0.01 A01888289 MARR, GAGE STEPHAN Unclaimed Funds From 7/19/10 $4.00 A00222786 MARSTON, JASON MICHAEL Unclaimed Funds From 1/13/09 $15.12 A00221869 MARTIN, RYAN CHARLES Unclaimed Funds From 5/4/09 $7.78 A00225805 MARTIN, ZACHARY DAVID Unclaimed Funds From 1/13/09 $36.40 A01889666 MARTINEZ, HUMBERTO Unclaimed Funds From 1/13/09 $1.00 A01891997 MARTINEZ, JUSTIN TYLER Unclaimed Funds From 1/6/11 $29.08 A00037910 MARTINEZ-COLANO, JOSE DANIEL Unclaimed Funds From 5/31/10 $0.10 A01888325 MARTINEZ-FLORES, JUAN JOSE Unclaimed Funds From 1/13/09 $55.95 A00036593 MARTINEZ-RODRIGUEZ, WILIBALDO Unclaimed Funds From 7/18/11 $3.06 A00221069 MATTHEWS, BRYCE WILLIAM Unclaimed Funds From 11/18/11 $4.81 A00009017 MATYAS, DEBBIE RAE Unclaimed Funds From 1/13/09 $2.72 A00040964 MAXWELL, DOUGLAS FRANCIS Unclaimed Funds From 1/9/12 $0.31 A00227319 MAYER, TRAVIS LEE Unclaimed Funds From 4/15109 $0.10 A00222393 MCCAULEY, LARRY MICHAEL Unclaimed Funds From 6/14/10 $1.86 A01887400 MCCLENDON, KENNETH ANTHONY Unclaimed Funds From 3/8/12 $0.23 A01890513 MCDANIEL, DEMETRIUS LAGRAND Unclaimed Funds From 12/16/09 $2.99 A01891648 MCDONOUGH, DAVID JORDAN Unclaimed Funds From 10/6/09 138 Page 10 of 18 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $2.00 A00036838 MCGINTY, MOLLY ANNE Unclaimed Funds From 12/28/09 $0.91 A00040972 MCKAY, JEFFREY ALAN Unclaimed Funds From 10/1/11 $0.12 A00021212 MCMURTRY, ROBERT LEROY Unclaimed Funds From 5/22/12 $0.11 A00038101 MEEKINS, ERIC WESLEY Unclaimed Funds From 10/17/11 $0.01 A00036828 MEKOVICH, GEORGE ALBERT Unclaimed Funds From 7/5/11 $0.15 A00041596 MENA, FROILAN Unclaimed Funds From 2/13/12 $0.50 A00226172 MENTH, JOHN BRADLY Unclaimed Funds From 1/13/09 $9.00 A202341 MERKLING, JOSEPH E Unclaimed Funds From 7/24/10 $2.02 A01889584 METCALF, CHRISTINA ALLISON Unclaimed Funds From 11/7/11 $6.46 A00041565 MEUTH, KATHERINE ANN Unclaimed Funds From 12/24/11 $12.77 A01887481 MEYER, RYDER ALLEN Unclaimed Funds From 1/13/09 $1.20 A01888817 MEZO, JAMES MARTIN Unclaimed Funds From 10/19/11 $3.56 A00227004 MIGUEL, PHILIP JULES P Unclaimed Funds From 1/13/09 $1.00 A01891605 MILLARD, NICKY LEE Unclaimed Funds From 6/9/10 $5.49 A00224388 MILLER, DEVLIN THOR Unclaimed Funds From 1/13/09 $0.39 A00227345 MILLER, FRANK EDWARD Unclaimed Funds From 11/4/09 $3.20 A00022930 MILLER, JACOB NEAL Unclaimed Funds From 1/13/09 $0.04 A00039360 MILLER, JUSTIN OBRIAN Unclaimed Funds From 3/21111 $0.01 A00034328 MILLER, MATTHEW SCOTT Unclaimed Funds From 7/3/09 $0.54 A00225124 MILLER, NICHOLAS BENJAMIN Unclaimed Funds From 1/13/09 $0.12 A00221096 MILLER, SHEILA LOUISE Unclaimed Funds From 4/6/10 $5.90 A00227606 MILLER, STEPHEN MAURICE Unclaimed Funds From 1/13/09 $0.02 A00025465 MILLIGAN, GUINNESS DUVALL Unclaimed Funds From 6/23/09 $0.08 A00041252 MIREAU, TERESA Unclaimed Funds From 2/29/12 $24.83 A00036945 MISANES, RYAN INAUNCIO Unclaimed Funds From 1/2/11 $12.33 A00033111 MISANES, VINCENT LEROY Unclaimed Funds From 2/21/10 $3.00 A01890957 MOLINA, WILLIAM Unclaimed Funds From 2/6/09 $2.00 A01889553 MOLINA-BONILLA, JORGE A Unclaimed Funds From 1/13/09 $1.00 A00039158 MONDRAGON-MORQUECHO, VICTOR Unclaimed Funds From 12/14/10 $2.68 A00038383 MOORE, DUSTIN DENNIS Unclaimed Funds From 1/24/11 $10.00 A00040981 MOORE, JAMES M Unclaimed Funds From 10/3/11 $0.10 A00224184 MOORMAN, ANDREW SCOTT Unclaimed Funds From 3/23/11 $2.12 A01889460 MORALES, AARON MOSES Unclaimed Funds From 3/25/11 $0.11 A00038984 MORAN, STONECHILD THEODORE Funds unclaimed from 11/24/10 $4.72 A00225202 MORGAN, RICHARD WILLIAM SHAUN Funds unclaimed from 3/23/11 $2.64 A01889464 MORRIS, ADI LEE Funds unclaimed from 1/13/09 $0.03 A00039960 MORRIS, RALPH FREDERICK Funds unclaimed from 5/2/11 $0.17 A01890082 MORROW, TIMOTHY JAMES Funds unclaimed from 12/22/10 $17.78 A00225484 MOSER, DENIS JAY Funds unclaimed from 1/13/09 $0.31 A00038529 MOUNT, RACHEL JEAN Funds unclaimed from 9/8/10 $5.22 A00226615 MUELLER, DAVID MICHAEL Funds unclaimed from 1/13/09 $11.00 A01887786 MUELLER, JOSEPH MICHAEL Funds unclaimed from 1/13/09 $0.17 A00040886 MUKHIN, EDWARD Unclaimed Funds From 9/17/11 $2.40 A01887983 MUNIZ, DONELL LORENE Unclaimed Funds From 8/8/11 $1.00 A00226824 MURDOCK, STEPHEN BENNETT Funds unclaimed from 1/13/09 $0.72 A00038482 NAKATA, ALICIA LUISA Funds unclaimed from 8/30/10 $1.24 A00225102 NASH, ADRIAN HANS Funds unclaimed from 1/13/09 Page 11 of 18 139 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $0.13 A00036842 NAVA, FERNANDO Funds unclaimed from 1/13/11 $0.30 A01890870 NEGSSA, MOAAYSUS Funds unclaimed from 1/26/09 $0.54 A00030906 NEIL, IAN CURTIS Funds unclaimed from 1/13/09 $0.06 A01887728 NELSON, ROBERT MICHAEL Funds unclaimed from 6/1/11 $1.50 A00021325 NERIA, ROMAN MARIO Unclaimed Funds From 11/1/11 $0.97 A01890227 NEWSOME, DENNIS CLARK Funds unclaimed from 11/19/10 $0.53 A01889452 NEWTON, GREGORY LAMBERT Funds unclaimed from 4/24/09 $7.99 A00227480 NGUYEN, HUONG THU Funds unclaimed from 1/13/09 $1.89 A00225145 NGUYEN, THOMAS DUC Funds unclaimed from 1/13/09 $0.02 A00221114 NICKSIC, LODEI OSRIC Funds unclaimed from 2/5/09 $20.00 A00039708 NICOLAAS, MARGARET S Funds unclaimed from 3/7/11 $8.29 A01891828 NIWRANSKI, LAURA LEE Unclaimed Funds From 11/13/11 mn 4U.52 nnnnnnn-ten ^UUUJ33 8 ��� w�r� r�nr� rw r w� ��� r IV VLAIVU, t[FiCLGI�C NIVVLG r..�,.t� �,.:...., d c_ 4 J1 lu Funds Unclaimed II�n, L/J/ IV $0.47 A00035344 NORTON, RICHARD DALE Funds unclaimed from 1/13/09 $6.77 A00038322 NORTON, STEVEN RAY Unclaimed Funds From 7/28/11 $3.56 A00227219 ODAY, CHRISTOPHER PATRICK Funds unclaimed from 1/13/09 $1.50 A01891149 ODONNELL, JOSHUA JOHN Funds unclaimed from 12/4/10 $0.37 A00001910 OGRADY, JASON HENRY Unclaimed Funds From 1/31/12 $0.48 A00023047 OLDHAM, CHRISTOPHER ALLEN Unclaimed Funds From 8/4/11 $0.25 A00040851 OLMOS, ESTEVAN Unclaimed Funds From 9/11/11 $0.34 A01888631 OLSEN, DALE LEE Unclaimed Funds From 5/21/12 $0.40 A00039108 OLSON, MAXWELL A Funds unclaimed from 12/22/10 $3.00 A00038783 OLVERA, SHANNON J Funds unclaimed from 10/18/10 $0.35 A01892402 OLVERA-MONROY, JOSE JESUS Funds unclaimed from 8/6/10 $0.21 A01892916 OPHEIM, DERRECK C Funds unclaimed from 3/24/10 $20.00 A00226559 OREMUS, MELINDA LEOTA Funds unclaimed from 1/13/09 $2.82 A00023057 ORTIZ, JUAN MANUEL Unclaimed Funds From 8/22/11 $111.95 A00225350 ORTIZ, OCTAVIANO RAMIREZ Funds unclaimed from 1/13/09 $0.03 A00032783 OSBORNE, JOHN WARREN Funds unclaimed from 6/3/09 $0.02 A00037255 PALI, MIKEL KOL Funds unclaimed from 7/28/10 $4.50 A00042482 PALMQUIST, KENNETH EUGENE Unclaimed Funds From 5/16/12 $19.79 A00226810 PARK, HYUK JOO Funds unclaimed from 1/13/09 $0.07 A00031804 PARKER, GENE OLIVER Unclaimed Funds From 12/21/11 $12.14 A00222944 PARKES, DAVID THOMAS Funds unclaimed from 1/13/09 $4.65 A01889486 PATRICK, DAWSON DENNIS Unclaimed Funds From 10/13/11 $1.50 A00042162 PEAL, THOMAS ALLEN Unclaimed Funds From 3/24/12 $6.79 A00039903 PEARCY, CRAIG ADAM Funds unclaimed from 4/11/11 $0.20 A00041895 PEDERSON, KENDRA E Unclaimed Funds From 2/29/12 $1.57 A00024294 PEDIGO, JUSTIN WADDELL Funds unclaimed from 1/13/09 $0.74 A00024164 PENA-RIVERA, JOAQUIN Funds unclaimed from 5/22/11 $23.77 A00031128 PENZINSKI, STEVE FRANK Funds unclaimed from 7/26/10 $7.82 A00015147 PEREZ, MIGUEL PRIETO Funds unclaimed from 1/13/09 $1.75 A00226017 PERRY, ALISON JO Funds unclaimed from 3/23/11 $50.00 A00002438 PERRY, RAYMOND HAROLD Funds unclaimed from 1/13/09 $1.24 A00015271 PETERSEN, SEAN DANA Unclaimed Funds From 1/16/12 $0.01 A00032647 PETERSON, BRENT JEFFREY Unclaimed Funds From 10/17/11 $0.60 A00038938 PETERSON, KRISTOFER LOGAN Funds unclaimed from 2/8/11 140 Page 12 of 18 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $2.73 A01892072 PETERSON, LEE DION Funds unclaimed from 5/22/11 $3.15 A01890433 PETERSON, LORRAINE Funds unclaimed from 1/13/09 $6.83 A00041280 PFALTZGRAFF-MILLER, AARON JUST Unclaimed Funds From 11/16/11 $0.33 A00023082 PHILLIP, DENISE MARIE Funds unclaimed from 4/5/11 $25.11 A01887778 PHILLIPS, ANDREW C Funds unclaimed from 1/13/09 $1.00 A00038676 PHILLIPS, DAVID NEIL Funds unclaimed from 1/13/11 $0.34 A00226976 PHILLIPS, SAMSON BASILIO Unclaimed Funds From 3/13/12 $7.06 A01887699 PIERCE, CLIFFORD RAY Funds unclaimed from 2/10/09 $7.81 A00008112 PIGGEE, ROBERT TONY Unclaimed Funds From 8/30/11 $19.28 A00221571 PINKEY, ANDREW JOSEPH Funds unclaimed from 1/13/09 $0.50 A00038665 POFFENROTH, DONALD GREGORY Funds unclaimed from 9/28/10 $5.12 A00227503 POGORELOV, MARINA VICTORIA Funds unclaimed from 1/13/09 $4.95 A00028371 POLASKY, TODD LOUIS Funds unclaimed from 1/13/09 $0.23 A01890864 POLO, PEDRO ENRIQUE Funds unclaimed from 11/23/10 $1.97 A00039789 POPE, CHARLES A Unclaimed Funds From 9/19/11 $1.00 A00037028 POPPLE-OTTUM, DEANA LAURA Funds unclaimed from 1/20/10 $6.41 A00037366 POSTLEWAIT, LEXY DIANE Funds unclaimed from 4/18/11 $7.30 A00226588 POTES, DEBRA J Funds unclaimed from 1/13/09 $0.47 A00225368 POWELL, BRANDON L. Funds unclaimed from 1/13/09 $6.00 A01890241 POWELL, KRISTOPHER SCOTT Funds unclaimed from 1/13/09 $0.93 A00226354 POWELL, MICHAEL DEAN Funds unclaimed from 1/13/09 $0.70 A00015619 POWELL, RIGGIE NATHAN Funds unclaimed from 1/13/09 $3.00 A00036970 POWELL, STORMY JESSYE Funds unclaimed from 1/9/10 $5.88 A01887560 POWERS, ROBBI KAY Funds unclaimed from 1/13/09 $1.37 A00037798 PRATT, YVETTE RENEE Funds unclaimed from 11/12/10 $0.71 A01888791 PRIMEAUX, GERALD WAYNE Funds unclaimed from 3/23/11 $3.70 A00035606 PRITCHETT, LARISSA LYNN Funds unclaimed from 7/30/09 $0.57 A00037835 PULLEY, BRIAN STEPHEN Funds unclaimed from 5/26/10 $0.49 A00015784 QUINN, KELSEY AUTUMN Funds unclaimed from 1/13/09 $1.00 A01887600 RABANG, RAENNA GRACE Funds unclaimed from 1/13/09 $0.81 A00024346 RADISICH, CHRISTOPHER SCOTT Funds unclaimed from 1/13/09 $1.47 A00034914 RAINEY, TREBBLES STAREFORTH Funds unclaimed from 1/13/09 $32.70 A00225114 RAMIREZ-RODRIGUEZ, JOSE LUIS Funds unclaimed from 1/13/09 $1.99 A00226166 RAMOS-DELGADO, SANTIAGO A Funds unclaimed from 6/29/09 $6.37 A00030253 RANAHAN, SCOTT ALLEN Funds unclaimed from 3/10/10 $19.75 A00041248 RANDALL, RICHARD W Unclaimed Funds From 11/14/11 $0.21 A00224187 RANDON, RENWICK Funds unclaimed from 10/12/09 $0.21 A00223287 RASEECIN, JOHN EUGENE Funds unclaimed from 11/21/09 $35.26 A00221030 RAY, DUSTIN JAMES Funds unclaimed from 9/30/09 $0.25 A00037842 READ, JEREMY MICA Funds unclaimed from 5/21/10 $0.70 A00037211 REED, SEAN PHILIP Unclaimed Funds From 12/5/11 $0.02 A00039252 REEEE, TESA ELIZABETH Funds unclaimed from 6/20/11 $7.00 A00039101 REIERSON, DARYL JEFF Funds unclaimed from 12/6/10 $0.26 A00016009 REYES, JOE Unclaimed Funds From 9/28/11 $0.01 A01892089 REYNOLDS, AMANDA LEIGH Unclaimed Funds From 11/14/11 $20.00 A00031410 REYNOLDS, CHRISTOPHER R SHANE Funds unclaimed from 1/13/09 $12.18 A00022847 RHEA, STEVEN PAUL Funds unclaimed from 3/23/11 Page 13 of 18 141 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $15.71 A00221624 RIENTJES, RODNEY RAY Funds unclaimed from 1/13/09 $0.12 A00226462 RILEY, LUTHER Funds unclaimed from 1/13/09 $2.09 A00021441 RILEY, STEVEN EDWARD Unclaimed Funds From 1/17/12 $0.25 A00025085 RINEHART, CHARLES PETER Funds unclaimed from 7/23/10 $0.02 A01887424 RIO, GEOFFREY HARRISON K Funds unclaimed from 12/15/10 $0.44 A00009545 ROBERTS, MICHAEL LEE Funds unclaimed from 1/13/09 $1.49 A00021374 ROBINSON, BRENT CHARLES Funds unclaimed from 1/13/09 $0.78 A01890072 ROBINSON, LARS MICHAEL Funds unclaimed from 4/14/10 $0.01 A00042448 ROCCO, SYLAS CLAYTON Unclaimed Funds From 5/12/12 $4.97 A00226610 RODRIGUEZ, BENJAMIN JOE Funds unclaimed from 6/9/10 $0.24 A01887372 RODRIGUEZ, JORGE Funds unclaimed from 3/23/11 $13.56 A01889158 RODRIGUEZ, JOSHUA EVAN Funds unclaimed from 1/13/09 $0.07 A00040286 ROE, VARCUS D 11 unclaim ed Fun s rFroY 14/ AILr/AI A1 $5.05 A00039426 ROGERS, DYLAN MIKEAL Funds unclaimed from 1/20/11 $0.39 A01887781 ROMMEN, MATHEW Funds unclaimed from 5/7/09 $9.50 A00042620 ROMO, DIEGO WAKAMATSU Unclaimed Funds From 6/2/12 $0.30 A00036674 ROSALEZ, ROBERT RENE Funds unclaimed from 12/16/09 $0.36 A00023382 ROSE, MORGAN JOSEPH Funds unclaimed from 10/14/09 $0.50 A00038156 ROSENKLIDE, GAVIN RICHARD Funds unclaimed from 1/19/11 $0.53 A00222351 ROTHMAN, GABRIEL GALEN Funds unclaimed from 6/23/10 $6.76 A00026513 ROY, ATRI ABRAHAM Unclaimed Funds From 10/20/11 $0.02 A00225662 ROY, JOSEPH DEAN Unclaimed Funds From 11/16/11 $0.46 A00016877 RUSSELL, JARED WAYNE Funds unclaimed from 1/13/09 $0.34 A00031412 RUSSELL, JEREMY MICHAEL Funds unclaimed from 1/13/09 $0.50 A00016562 SABALA, TIMOTHY PAUL Unclaimed Funds From 11/13/11 $0.90 A00224719 SADNICK, SHARON LYNN Funds unclaimed from 1/13/09 $0.18 A00226942 SAFADAGO, TRAVIS JARRED Funds unclaimed from 1/13/09 $16.15 A00029981 SAGOR, JOHN LAWRENCE Funds unclaimed from 2/9/11 $2.31 A01888260 SALAZAR, HENRY JONATHAN Funds unclaimed from 4/19/10 $8.67 A00023285 SALAZAR, SARA MARIE Funds unclaimed from 1/13/09 $2.54 A00032333 SALINAS, MARCO MONTOYA Unclaimed Funds From 10/20/11 $17.56 A01889815 SANCHEZ, BERNABE ZAMUDIO Funds unclaimed from 1/13/09 $141.00 A00225785 SANCHEZ, SHIKOTA SHAYNON Funds unclaimed from 1/13/09 $0.01 A00042634 SANCHEZ-FLORES, FRANCISCO Unclaimed Funds From 6/3/12 $20.76 A00224279 SAND, LARRY ROBERT Funds unclaimed from 1/13/09 $0.07 A01888411 SANDILANDS, RICHARD LUKE Unclaimed Funds From 6/25/12 $1.51 A01889025 SANFORD, CRAIG ALAN Funds unclaimed from 1/13/09 $8.56 A01892591 SANTOS-GUZMAN, ELEUTERIO J Unclaimed Funds From 9/7/11 $48.77 A00224731 SARRACINO, CARLOS MEDEL C Funds unclaimed from 1113/09 $0.31 A01892706 SAUREL, JERRY Funds unclaimed from 9/21/09 $2.47 A00041499 SCARBOROUGH, DAVID EDGAR Unclaimed Funds From 12/16/11 $20.00 A00226750 SCHMERTZ, JERI LYNN Funds unclaimed from 12/3/10 $0.25 A00038637 SCHMIDT, MICHAEL LINN Funds unclaimed from 9/24/10 $55.00 A01889144 SCHNACKENBERG, ASHLEE ANNE Funds unclaimed from 9/11/09 $12.17 A00040112 SCHNACKENBERG, MATTHEW BRYCE Unclaimed Funds From 2/22/12 $1.00 A00038147 SCHULTZ, TRAVIS JEROME Funds unclaimed from 3/3/11 $13.64 A00004915 SCHWEIER, ANGELA MARINE Unclaimed Funds From 10/20/11 42 Page 14 of 18 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $0.20 A00033819 SCHWEIGER, RUSSELL JAMES Funds unclaimed from 1/13/09 $9.00 A00038875 SCOTT, JACQUELINE M Funds unclaimed from 11/1/10 $0.96 A00017437 SCOTT, KORY STEPHEN Funds unclaimed from 1/13/09 $0.55 A00039280 SEARLES, CAVIN OWEN Unclaimed Funds From 1/4/12 $0.24 A00026250 SEIMS, NATHAN THOMAS Unclaimed Funds From 6/10/12 $4.00 A00224886 SEROKUROV, ROMAN Funds unclaimed from 1/13/09 $16.60 A00226137 SESSIONS, BRIAN PAUL Funds unclaimed from 1/13/09 $2.38 A01888526 SHAFER, GARRET RILEY ROBERT Funds unclaimed from 1/13/09 $3.00 A01891713 SHARUM, TRACY LEE Funds unclaimed from 8/20/09 $10.13 A00039224 SHAW, MARIAUS BURGIN Funds unclaimed from 1/24/11 $19.31 A01888551 SHERGOLD, MATTHEW JAMES Funds unclaimed from 1/13/09 $2.65 A00038709 SHIBITOV, JOHN S Funds unclaimed from 10/5/10 $0.31 A00023852 SHUFFELEN, THOMAS JOHN Funds unclaimed from 12/15/10 $5.07 A01890160 SIEGEL, VERONICA MARIE Funds unclaimed from 12/18/10 $0.10 A00042122 SILLOWAY, CHRISTOPHER MARTIN Unclaimed Funds From 3/19112 $0.06 A00037209 SILRUS, ALLEN LYNN Unclaimed Funds From 11/8/11 $0.02 A00225590 SIMMONDS, TOSHI DAWN Unclaimed Funds From 2/19/12 $8.36 A01888305 SIMMONS, MARZEL MAURICE Funds unclaimed from 3/23/11 $0.78 A00029832 SIMMONS, RONALD WILLIAM Funds unclaimed from 3/10/09 $4.00 A00038953 SIMMONS, WILLIAM RICHARD Funds unclaimed from 6/8/11 $22.39 A00034726 SIMPSON, VANCE EDWARD Funds unclaimed from 1/13/09 $0.21 A01887281 SINGH, BABANPREET Funds unclaimed from 3/31109 $0.09 A00023412 SINGH, MOHINDER Funds unclaimed from 9/8/09 $0.22 A00038514 SINGH, PRITPAL Funds unclaimed from 9/2/10 $17.82 A00220895 SINGH, SATVINDAR Funds unclaimed from 1/13/09 $0.75 A00017931 SIQUINA-MACHIC, DAVID Funds unclaimed from 3/10/11 $0.51 A01892593 SMITH, AUSTIN WILLIAM Funds unclaimed from 12/29/10 $0.07 A01890372 SMITH, CHADWICK MICHAEL Funds unclaimed from 7/14/10 $0.39 A00033997 SMITH, JOSHUA ALEISTER LEE Funds unclaimed from 4/28/10 $0.01 A00227212 SMITH, MICHAEL SCOTT Unclaimed Funds From 8/1/11 $19.38 A00225852 SMITH, RICHARD GARTH Funds unclaimed from 1/13/09 $0.41 A00226222 SMITHSON, RODNEY ALLAN Funds unclaimed from 1/13/09 $1.07 A00013344 SMOLINSKI, JASON ALLEN Funds unclaimed from 1/13/09 $0.65 A00023442 SMULL, CLARKE JOSEPH Funds unclaimed from 1/13/09 $0.24 A00037526 SNOW, TREVOR COLLIN Funds unclaimed from 5/30/11 $5.15 A01891207 SOBJACK, ZANE MORGAN Unclaimed Funds From 11/7/11 $0.20 A01887643 SOLOMON, KIM ARTHUR Funds unclaimed from 1/13/09 $2.53 A00037410 SOLOMON, MELANIE E Funds unclaimed from 3/16/10 $1.35 A00227245 SORENSEN, CHAD EVAN Funds unclaimed from 1/13/09 $3.56 A00037900 SOTELO, ERIK DOMINGO Funds unclaimed from 3/18/11 $29.07 A01890880 SPOELSTRA, JOYCE M Funds unclaimed from 1/26/09 $0.01 A00038059 SPOONER, JOSHUA C Funds unclaimed from 2/9/11 $1.45 A00023472 SPORE, JEFFERY LEE Funds unclaimed from 3/5/11 $15.14 A01888578 SPOTTEDHORSE, DARRELL DANNY Funds unclaimed from 12/7/10 $80.36 A00037848 SPROULE, ROBERT JOHN Funds unclaimed from 5/24/10 $1.33 A01887660 STALLINGS, WESLEY CLAY Funds unclaimed from 1/13/09 $0.10 A00224436 STAMEY, SHARA LEIGH Funds unclaimed from 12/16/09 Page 15 of 18 143 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $4.75 A00041450 STEED, TYLER JEFFREE Unclaimed Funds From 12/11/11 $0.22 A00028174 STEINBACH, JEREMY SCOTT Funds unclaimed from 3/21/11 $0.18 A01889153 STENGER, SERGIO JAMES Funds unclaimed from 5/20/09 $0.91 A00031531 STERK, RYAN GENE Funds unclaimed from 8/20/09 $0.30 A00039854 STEWART, DUANE EDWARD Unclaimed Funds From 12/12/11 $0,14 A00225814 STEWART, MICHAEL MARK Funds unclaimed from 3/8/11 $2.11 A00042123 STILTS, AIMEE DANIELLE Unclaimed Funds From 3/18/12 $0.29 A00226262 STINSON, WILLIAM VICTOR Funds unclaimed from 1/13/09 $1.00 A00222694 STONE, JORDAN LEE Unclaimed Funds From 5/14/12 $0.77 A00035315 STONE, RUSSELL JEFFREY Funds unclaimed from 4/14/10 $5.00 A00018686 STRAND, JAMES PRIEST Unclaimed Funds From 8/3/11 $0.10 A00038683 STREGE, ROBERT E Funds unclaimed from 10/1/10 $1.41 A000235 i 7 STRODE, iC LE KENNE T H _ _� wninn w Unclaimed I'runU'S mr_orn 12/29 1w1 $0.35 A00221417 STUBBS, CHRISTOFELL HUBERTES Funds unclaimed from 12/8/10 $0.20 A01890178 STUJ, ALEXANDRA Funds unclaimed from 1/13/09 $0.59 A00029608 STURROCK, DANIEL LEE Funds unclaimed from 1/26/09 $0.50 A00032120 SULLIVAN, PHILLIP CAMERON Unclaimed Funds From 4/1/12 $2.66 A00039141 SUMMERS, CHELSEA MARIE Funds unclaimed from 12/13/10 $1.16 A01891050 SUSCH, VICTOR Funds unclaimed from 2/19/09 $0.03 A00038969 SWAN, ANA ELISE Unclaimed Funds From 7/20/11 $0.01 A00002523 SWANSON, BRANDY CAROL Funds unclaimed from 1/13/09 $0.05 A00225758 SWEDELIUS, KATHERINE IRENE Unclaimed Funds From 4/16/12 $5.00 A01888367 SWEENY, MATTHEW DAVID Funds unclaimed from 1/13/09 $0.67 A00036238 SWIRSKI, MICHAEL ALEXANDER Funds unclaimed from 1/13/09 $30.03 A00031941 TACHENY, CHRISTOPHER MARTIN Funds unclaimed from 1/13/09 $0.10 A01890151 TAPIA, ANTHONY SANTIAGO Funds unclaimed from 6/15/09 $36.82 A00015297 TARTER, EUGENA MARIA Unclaimed Funds From 1/18/12 $0.83 A00225370 TATE, WILLIAM Funds unclaimed from 1/13/09 $11.42 A00224799 TAYLOR, GREGORY ALLAN Funds unclaimed from 3/16/10 $2.85 A00036693 TAYLOR, JOSHUA DUSTIN Funds unclaimed from 4/20/11 $6.44 A00039346 TEMPLET, PHILIP A Funds unclaimed from 3/21/11 $29.76 A00039225 TENA-MARTINEZ, JORGE ALONSO Funds unclaimed from 3/8/11 $0.50 A00042740 THOMAS, KYLE ZACHARIAS Unclaimed Funds From 6/16/12 $2.96 A00031592 THOMAS, RAYMOND MAURICE Unclaimed Funds From 2/29/12 $5.60 A01891432 THOMPSON, KYLE WILLIAM Unclaimed Funds From 4/20/09 $0.03 A01892209 THOMPSON, MARK ARNOLD Unclaimed Funds From 3/16/10 $4.49 A00226070 TIMMER, AARON ALAN Unclaimed Funds From 1/13/09 $0.64 A00024967 TINNEY, MICHAEL Unclaimed Funds From 1/13/09 $8.69 A01889977 TJOELKER, SCOTT ALAN Unclaimed Funds From 12/15/11 $10.00 A01887505 TOBY, ASHLEY CHARMEL Unclaimed Funds From 1/13/09 $1.00 A00039014 TOLSMA, DANICA ROSE Unclaimed Funds From 6/18/12 $2.44 A00033742 TONEY, SCOTT MALCOLM Unclaimed Funds From 9/15/11 $0.12 A00029764 TRAMMELL, TYLER LEE Unclaimed Funds From 9/20/11 $16.23 A01888556 TRAN, HUNG DINH Unclaimed Funds From 9/5/11 $0.61 A01888779 TRIGUEIRO, GEOFFREY MICHAEL Unclaimed Funds From 1/13/09 $9.20 A00041566 TYNDALL, MARIE ELIZABETH Unclaimed Funds From 12/23/11 $0.09 A00025100 TYREE, TRAVIS WILLIAM Unclaimed Funds From 1/13/09 144 Page 16 of 18 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $0.29 A00222774 UNDERWOOD, DANIEL THOMAS Unclaimed Funds From 1/13/09 $26.22 A00224677 UPPER, STEVEN ROBERT Unclaimed Funds From 1/13/09 $200.00 A01890231 VALDOVINOS-MARTINEZ, HUGO Unclaimed Funds From 1/13/09 $20.30 A00038521 VALENZUELA, JAMES EFFRIM Unclaimed Funds From 1/10/11 $523.56 A01890886 VALLE, OMAR Unclaimed Funds From 1/27/09 $8.60 A00221383 VALNES, WAYLON LEE Unclaimed Funds From 1/13/09 $0.17 A00023626 VANDENHAAK, RYAN EDWARD Unclaimed Funds From 4/11/11 $15.48 A00225625 VANDERYACHT, TIA MARIE Unclaimed Funds From 1/13/09 $0.80 A00027446 VANHOFWEGEN, DAVID ALLEN Unclaimed Funds From 1/13/09 $0.50 A01888765 VANIEPEREN, ANDREW RYAN Unclaimed Funds From 7/10/09 $0.17 A01887792 VANINGEN, JIMMY BEN Unclaimed Funds From 1/27/10 $9.72 A00226057 VANKOLKEN, THOMAS PRESTON Unclaimed Funds From 1/13/09 $21.37 A01889937 VARGAS, CAMERON ABEL Unclaimed Funds From 6/30/10 $18.06 A00038650 VAZQUEZ, CRESCENCIO Unclaimed Funds From 10/19/10 $4.75 A01887492 VAZQUEZ-VAZQUEZ, PEDRO Unclaimed Funds From 1/13/09 $14.35 A00224533 VELASQUEZ-MORENO, LEOBARDO Unclaimed Funds From 1/13/09 $69.08 A00224537 VELAZQUEZ-MORENO, EMILIO Unclaimed Funds From 1/13/09 $1.00 A00037404 VELDMAN, ALECIA Unclaimed Funds From 3/16/10 $0.42 A00225014 VELTHUIZEN, DANA ROBERT Unclaimed Funds From 4/17/12 $4.26 A00036774 VERKIST, JAMIE A Unclaimed Funds From 2/16/09 $0.09 A00037536 VILLANUEVA, DIEGO MARION Unclaimed Funds From 4/1/10 $0.51 A00223516 VILLANUEVA, MAURICE MITCHELL Unclaimed Funds From 9/29/10 $0.50 A00041968 VINALL, REILLY JAMES Unclaimed Funds From 3/12/12 $0.66 A00041802 VISSER, ZACHARY PIETER Unclaimed Funds From 5/30/12 $0.21 A00039010 VRIELING, NATHANIEL TIMOTHY Unclaimed Funds From 4/11/11 $0.30 A00221926 WADE, LEE ADAM Unclaimed Funds From 1/13/09 $0.03 A01889962 WAGES, RICHARD LELAND Unclaimed Funds From 4/21/10 $2.64 A00037431 WALKER, MARIO ROGER Unclaimed Funds From 11/24/10 $0.19 A01892585 WALLACE, CHRISTOPHER LEE Unclaimed Funds From 12/15/09 $3.69 A00031605 WALLACE, ERICA LEA Unclaimed Funds From 5/24/12 $4.60 A01888319 WALSH, AIMEE ELIZABETH Unclaimed Funds From 8/26/09 $0.01 A00225393 WALTER, KELLI MARIE Unclaimed Funds From 1/13/09 $0.08 A00036555 WALTERS, JEFFREY SAMUEL Unclaimed Funds From 12/22/09 $1.56 A00225325 WALTON, JORDON ELLIS Unclaimed Funds From 1/13/09 $0.25 A01892928 WARD, KEVIN ARTHUR Unclaimed Funds From 10/31/11 $0.03 A01887775 WARDLE, BRANDY ROSE Unclaimed Funds From 9/5/11 $0.15 A01889710 WARDLE, ROBERT GARY Unclaimed Funds From 3/29/11 $0.06 A00224940 WARDLE, ROBERT GARY Unclaimed Funds From 1/13/09 $20.98 A00042818 WARREN, ALICIA RENEA Unclaimed Funds From 6129/12 $2.12 A00033930 WASHINGTON, LUCAS Unclaimed Funds From 3/23/11 $0.43 A00021274 WEBSTER, DORIAN PATRICK Unclaimed Funds From 1/13/09 $2.56 A01889113 WEGERS, CRYSTAL JOLYNN Unclaimed Funds From 5/30/12 $6.75 A01891046 WELLS, CHRISTOPHER ROBERT ROGE Unclaimed Funds From 5/24/12 $0.67 A00221564 WEST, CHERYLE JANNE Unclaimed Funds From 6/3/10 $27.71 A00032477 WEST, MARLO DEWAYNE Unclaimed Funds From 10/7/09 $0.80 A00020358 WESTMAN, ROBERT ARMSTEAD Unclaimed Funds From 11/24/10 $0.57 A00020365 WHARTON, FRANK STANLEY Unclaimed Funds From 2/3/09 Page 17 of 18 145 WHATCOM COUNTY JAIL -INMATE TRUST FUND UNCLAIMED FUNDS PRIOR TO JUNE 30, 2012 $14.23 A00221104 WHYTE, CHARLES LAWRENCE Unclaimed Funds From 4/9/09 $0.20 A00006136 WILBUR, LISA MARIE Unclaimed Funds From 2/2/11 $5.95 A00020522 WILBUR, RAYMOND JAMES Unclaimed Funds From 2/24/12 $0.05 A00225571 WILGUS, ADAM SCOTT Unclaimed Funds From 1/12/11 $5.14 A01888960 WILLIAMS, BARBARAA Unclaimed Funds From 1/13/09 $37.46 A00035295 WILLIAMS, CHRISTOPER TODD Unclaimed Funds From 1/13/09 $6.89 A00223305 WILLIAMS, JERMAL LAQUENTIN Unclaimed Funds From 1/13/09 $30.98 A01888876 WILLIAMS, JOHN KELLY Unclaimed Funds From 8/3/09 $0.27 A00036597 WILLIAMS, RICHARD STEPHEN Unclaimed Funds From 4/16/12 $26.50 A00042725 WILLIAMSON, GARY J Unclaimed Funds From 6119/12 $0.01 A00038450 WILLIS, REMA EILEEN Unclaimed Funds From 12/12/11 $0.04 A00033800 WILSON, LACEY LEEANN Unclaimed Funds From 5/16/12 $0 .34 A00002871 WILT SE, BRANDY hARiCr ncIaiVCd Funds From 2/15eG Unclaimed $101.19 A01890603 WINDSOR, VICTORIA LOUISE Unclaimed Funds From 1/13/09 $14.37 A01889191 WINGATE, ALICIA D Unclaimed Funds From 8/29/11 $5.35 A00223586 WINTER, JARED ALLEN Unclaimed Funds From 1/13/09 $0.17 A00227241 WIRTH, JACOB DYLAN Unclaimed Funds From 10/6/09 $7.00 A00036701 WOLLSTEIN, JOSHUA CONAN Unclaimed Funds From 12/7/09 $29.88 A00039090 WOODS, JEFFERY CLELL Unclaimed Funds From 12/8/10 $0.08 A00038467 WOOLUM, ROBERT JOHN Unclaimed Funds From 11/9/10 $0.38 A00036168 WORTHEN, RONALD ARTHUR Unclaimed Funds From 4/16/12 $0.03 A00004787 WRIGHT, SHiLO MARIE Unclaimed Funds From 2/1/12 $0.23 A01889789 WRIGLEY, JAMES RICKY Unclaimed Funds From 3/11/09 $4.11 A00224396 WYATT, LARAMIE ALLEN Unclaimed Funds From 8/18/10 $0.18 A00021330 YORK, JOHN FRANK Unclaimed Funds From 8/10/10 $4.50 A00039963 YOUNG, KELLY ANN Unclaimed Funds From 4/18/11 $173.52 A00040412 ZAMORA-RAMIREZ, ROBERTO C Unclaimed Funds From 9/6/11 $0.42 A00032416 ZAMUDIO, TIFFANI ROSANNE Unclaimed Funds From 1/13/09 $148.13 A00040408 ZAVALA-YANEZ, ALEJANDRO Unclaimed Funds From 9/5/11 $40.14 A00227655 ZENDER, MAXIMILLION Unclaimed Funds From 1/13/09 $25.78 A01888835 ZHOVTONIZHKO, YEVGENIY Unclaimed Funds From 5/6/09 $1.99 A01887870 ZIECHE, NIKOLAY JAMES Unclaimed Funds From 1/13/09 $39.23 A00030257 ZOLL, DAVID KILLIAN EDMUND Unclaimed Funds From 1/13/09 $0.41 A00025539 ZOURKOS, NICKO THOMAS Unclaimed Funds From 3/16/11 $0.24 A00025860 ZUEHLKE, ADAM ROBERT Unclaimed Funds From 12/12/11 $0.01 A00036932 ZWEEGMAN, KENNETH SCOTT Unclaimed Funds From 7/7/10 $0.29 A00040312 ZWIERS, JENI NICOLE Unclaimed Funds From 6/13/11 $0.08 A00034390 ZWIERS, MICHAEL TODD Unclaimed Funds From 6/7/12 $6,604.64 146 Page 18 of 18 c� Z CO J J_ Cn Q C) Z H LL L) Z U) r- S � Lij O Of Q W J O LU O z Q 2i i.D Z Z Z Q CO D O 0 Cy Z'; cfw� 2' Zi of ZI O M d m "t Col oo' (4i �, Co' CO 1-0) �, M _ Co M i Co 0)Co L O N: (O ! 0, Cv �. j (fl CO (0: t` O j LO: 00 CO Cl) 1 N 1 00 "(q k a t--N (A 4 M L (n LO M 001 I-- : M. COI N 00 00 O (0 rl' O tf• O LL � NI O U,) L � Oj O O! O O H f4 00 0) qrI ih N N: M, O; O O: v': v 00 cc) NN O 0 C O OC OO O O O OO i O Q': Q Q': Q'; Q Cl) :. u O CO O CO CA N I C O d• (D In O O M O to 7 :Lq � 3 N O M !, 00 O O r. N_i I" Pn r s} r : M O: E!i N (n a 69 69" 64 69 69 i 69'. 69 69 69 •. 69 r N` N 00 1� CO I N "t qI 00, O) (V', N O` Q' Q c co:O i > Cn W > y tL mI ai N a � Cn ' AI W ; C < a Nj Z _ N. NiCu I u, � �C : Q o; oI m 01 S Cr-'f- : 0) N a> Cl) 1 O CO Y c Cr N CN N , w� 00 00I �I OI O! _ t: O CO > j p' Coo W i >Ii N O)i �I O. O C' COi CL) N�I j 75 N U i W C fn p LL, U J N CO ZI Cn O p �. o ca' Q m' MI > W: > U: Lo 'm (D! N i 00! N r O Lo N N I N Nj RS! cu' p �! C:Q � Co Cu — O CCo Z O':NIY LL -0U 0. > L `Zi•�U p U 3 O''=' II U -j >,-O'U N 11 Z C'l a' 01 o J'' I�, a) •4) O N -Np C! L C N �O O f6 o UiLO U N L L) N 0 ti3 1 (0 1 C' , > ; �; N CO c ol > OI pl L C C: Cu I D-(6 ; Cu Co C6 --T- - - --- E O m O) r r r rn O rnl O O rn O (n O 0) Oo r td C M 6) •N- N M, N M (D LO �.. C N III N O; 0 WIIATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-265 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: DMP 06127114 � r�� -� -� ��f �� 07/22/la Finance/Council Division Head. g _6 U �,.,. 1 131, ` 4 Dept. Head: A O ` A COUNTY {{ 1, "1 Prosecutor: COUNCIL Purchasing/Budget: Executive: v TITLE OF DO Washington Association of Sheriffs and Police Chiefs Interagency Agreement ATTACHMENTS: Washington Association of Sheriffs and Police Chiefs InteragencV Agreement RSO 14-15 Whatcom SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Washington Association of Sheriffs and Police Chiefs has allocated funding to local law enforcement to verify the address and residency of all registered sex offenders and kidnapping offenders in accordance with RCW 9A.44.130. The amount allocated to Whatcom County is $143,0g0,q j for the period July 1, 2014 through June 30, 2015. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www. co. whatcom. wa. us/council. um WHATCOM COUNTY SHERIFFS OFTICE BILL ELF'O SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 MEMORANDUM TO: Jack Louws, County Exec ve FROM: Bill Elfo, Sheriff 1 DATE: July 1, 2014 r JEF`F' PARKS pU(NgyDr1E�RSHi-EyR�IvF7F-� CHIEF DEPUTY DOUC CHADWICK CHIEF DEPUTY STEVE COOI,EY CHIEF INSPECTOR WENDY JONES CHIEF OF CORRECTIONS JUL 9 - 2014 RE: Registered Sex Offender Address and Residency Verification Program July 1j 2014 —June 30, 2015 Enclosed for your review and signature are two (2) original contracts between Whatcom County and Washington Association of Sheriffs and Police Chiefs for Registered Sex Offender Verification Program funding. • Background and Purpose Interagency agreement provides state funding for personnel to staff the registration program which tracks the addresses and residencies of all registered sex offenders and kidnapping offenders in Whatcom County in accordance with RCW 9A.44.130. • Funding Amount and Source State funding of $143,090.49 is (rurn Washington Association of Sheriffs and Police Chiefs. • Differences from Previous Contract An increase in funding of $3,064.42 from previous year. Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions. Enclosures Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public ay. WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS 3060 Willamette Drive NE Lacey, WA 98516 — Phone: (360) 486-2380 — Fax: (360) 486-2381 — Website: www,waspc.org Serving the Law Enforcement Community and the Citizens of Washington July 1, 2014 SHERIFF BILL ELFO WHATCOM COUNTY SHERIFF'S OFFICE 311 GRAND AVE BELLINGHAM, WA 98225 Dear Sheriff Elfo: I am pleased to inform you that the Whatcom County Sheriffs Office will receive $143,090.49 for the Registered Sex Offender Address and Residency Verification Program. However, there is a slight change this year as a result of a review of the funding formula. For the first quarter, your agency will receive the same amount as the previous quarter. The revised amount will go into effect October 1". 2014. The changes are small so you should see little, if any, impact. As you know, $4.8 million of state funding was allocated to local law enforcement for fiscal year 2014 to verify the address and residency of all registered sex offenders and kidnapping offenders under RCW 9A.44.130. The grant award is effective July 1, 2014 and expires on June 30, 2015. The requirement of this program is for face-to-face verification of a registered sex offender's address at the place of residency: 1. For level I offenders, once every twelve months 2. For level II offenders, once every six months 3. For level III offenders, once every three months In addition, funding from this program should be used to send at least one staff person to one or more Offender Watch User Group meetings and/or the RSO Coordinator Conference during the year.. For the purposes of this program unclassified offenders and kidnapping offenders are cunsidered at risk level I, unless the local jurisdiction sets a higher classification in the interest of public safety. Attached is an award agreement which needs to be signed and returned to WASPC. The required quarterly reporting form is also included in this notification. Quarterly reports are to be submitted electronically, faxed, or by mail by the 100' of the month following the end of the quarter. Once the report is received, payment for a quarter of the total award will be sent. If you have any questions please contact Dawn Larsen at 360-486-2419 or dlarsengwaspc.org. Sincerely, i�a - � Mitch Barker Executive Director President President Elect Vice President Past President Treasurer ERIC OLSEN CASEY SALISBURY KEN HOHENBERG OZZIE KNEZOVICH KEN THOMAS Chief- Kirkland Sherilf- Mason County Chief- Kennewick .Sheriff- Spokane County Chief- Kent TOM ROBBINS Chief - Wenatchee GARRY LUCAS Shetiff -- Clark County TOM SCHLICKER Chief-- Swinotnish MARK COUEY Director--o1C .Special Investigations Unit Executive Board STEVE STRACHAN Chief- Bretnerton JOHN BATISTE Chief- WA State l'anol MARK NELSON Sheriff - Cowlitz County FRANK MONTOYA, JR. ,SAC' FBI. Seattle JOHNSNAZA .Sheriff-- 1hurston County MITCH BARKER G.rectaine Director 150 Whatcom County WHATCOM COUNTY CONTRACT Contract No. / 4 0 -7 0 0 INFORMATION SHEET Originating Department: Whatcom County Sheriffs Office Contract or Grant Administrator: Jeff Parks, Undersheriff Contractor's / Agency Name: Washington Association of Sheriffs and Police Chiefs Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes No YesO No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract # Does contract require Council Approval? Yes❑✓ No ❑ If No, include WCC (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant a Bement? Yesn No If yes, grantor agency contract number(s) RSO 14-15 Whatcom CFDA # N/A Is this contract rant funded? Yes No[ If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract 2978 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 less than $100,000. ❑ Contract for Commercial off the shelf items (COTS) ❑Contract work is for less than 120 days ❑ 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. $ 143,01c:. y 9 • Bid is more than $50,000. Amendments that have either an increase greater than 10% or This Amendment Amount: provide a $10,000 increase in amount (whichever is greater) $ RENEWALS: Council approval is not required when exercising an Total Amended Amount: option to renew that is provided in the original contract. $ 143, 040, 44 Summary of Scope: State funding is allocated to local law enforcement to verify the address and residency of all registered sex offenders and kidnapping offenders under RCW 9A.44.130. These funds allow continued employment of one full time and one part time employee to assist with the registered sex and kidnapping offender tracking program within the Sheriffs Office. Term of Contract: 07/01 /14 Expiration Date: 06/30/15 Contract Routing: 1. Prepared by: DMP 2. Attorney signoff: 3. AS Finance reviewe(: 4. IT reviewed if IT related: 5. Contractor signed: 6. Submitted to Exec 7. Qouncil approved if necessary): 8. Executive signed: 9. Original to Council: Date: 06/27/14 Date: Date: Date: Date: Date: 7 - 5 f 4 Date: Date: Date: Last Edited 061714 151 COUNTYORIGINAL WHATCOM COUNTY CONTRACT NO. WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS INTERAGENCY AGREEMENT SPECIFIC TERMS AND CONDITIONS Registered Sex Offender Address and Residency Verification Program This AGREEMENT is entered into by and between the WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS (hereinafter referred to as WASPC) and the Whatcom County Sheriffs Office (hereinafter referred to as the RECIPIENT). 1. Award Recipient Name and Address: Whatcom County Sheriffs Office 311 Grand Ave Bellingham, WA 98225 3. Project Title Registered Sex Offender Verification 5. Grant No: RSO 14-15 Whatcom 7. Amt. Approved $ 143,090.49 2. Contact: Sill Elfo Title: Sheriff Telephone: 360-676-6650 4. Award Period: 07/01/14 - 06/30/15 6. Funding Authority: WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS 8. Service Area: Whatcom County FUNDING SOURCE Funding for this AGREEMENT is provided to WASPC from the State of Washington. Funding awarded the RECIPIENT shall not exceed the amount shown on the award letter. SCOPE OF SERVICES The RECIPIENT shall use the funds awarded to meet the requirements identified in the award letter. The required quarterly report will be submitted within ten days of the end of the quarter. Funds will be disbursed in equal amounts by the end of the reporting month, Delays in report submittal or project related activities may result in disbursement of funds delay. IN WITNESS WHEREOF, WASPC and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of the date and year written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and Letter and other documents incorporated herein. FOR WASPC: FOR THE RECIPIENT: Name: Mitch Barker Title: Executive Director Date: June 1, 2014 See attached signature page Name: Title: Date: 152 WHATCOM COUNTY: Recommended for Approval: C; QL' �� �/� Sheri Date( Approved as to form: J-6�' � " 2 `-v 14 Prosecuting 41mey 0 D A Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive Date 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 153 AGENCY RSO CONTACT INFORMATION WASPC requires three individuals be designated to the positions of Authorized Official, Project Director and Financial Officer for the purposes of administering a grant. The Project Director and the Financial Officer may not be the same person, however, under extenuating circumstances, one person may otherwise fill two positions. Applicant Agency: Whatcom County Sheriffs Office eAc-c I or PROJECT MANAGER Chadwick Doug Chief Criminal Deputy Last Name First Name Title _Public Safety Building, 311 Grand Avenue Bellingham WA 98225 Business Mailing Address City State Zip 360-676-6650 360-738-2494 DChadwick@co.whatcom.wa.us Telephone Fax Email FINANCIAL OFFICER/GRANT ADMIN. Parks Jeff Undersheriff Last Name First Name Title Public Safety Building, 311 Grand Avenue Bellingham WA 98225 Business Mailing Address City State Zip 360-676-6650 360-738-2494 jparks@co.whatcom.wa.us Telephone Fax Email THE AUTHORIZED OFFICIAL IS THE CHIEF EXECUTIVE OFFICER, OR DESIGNEE OF THE AGENCY. Elfo Bill Sheriff Last Name First Name Title Public Safety Building, 311 Grand Avenue Bellingham WA 98225 Business Mailing Address City State Zip 360-676-6650 360-738-2494 belfo@co.whatcom.wa.us Telephone Fax Email 154 AGENCY RSO CONTACT INFORMATION WASPC requires three individuals be designated to the positions of Authorized Official, Project Director and Financial Officer for the purposes of administering a grant. The Project Director and the Financial Officer may not be the same person, however, under extenuating circumstances, one person may otherwise fill two positions. Applicant Agency: Whatcom County Sheriff s Office P AG r- ;k, aF a GRANT ACCOUNTANT Pierce Dawn Financial Accountant Last Name First Name Title Public Safety Building, 311 Grand Avenue Bellingham WA 98225 Business Mailing Address City State Zip 360-676-6650 360-738-2494 dpierce@co.whatcom.wa.us Telephone Fax Email FINANCIAL OFFICERIGRANT ADMIN. Last Name First Name Title WA Business Mailing Address City State Zip Telephone Fax Email THE AUTHORIZED OFFICIAL IS THE CHIEF EXECUTIVE OFFICER, OR DESIGNEE OF THE AGENCY. Last Name First Name Title WA Business Mailing Address City State Zip Telephone Fax Email 155 Registered Sex Offender Address Verification Quarterly Grant Report ❑ 1st Qtr ❑ 2nd Qtr❑ 3rd Qtr❑ 4th Qtr —Agency: Address: Months: Yr: Contact: Number: Email: - Level 1 Level II i Level III I Unknown Number of registered sex offenders at the beginning of the quarter Number of face-to-face address verifications made for quarter i Number of face-to-face address verifications made year-to-date Number of sex offenders registering as homeless Number of false homeless reportings* *reporting as homeless but living at a residence, another county, etc. -anecdotal -in at reported address Number of registered sex offenders not Number of resulting_ arrests for failure to register__ Number of resulting prosecutions for failure to register Number of arrests on new sex offense charges Number of arrests on unrelated warrants or charges — — — aamuon comments: Please submit completed report at the end of each quarter (quarters end March 31, June 30, September 30, and December 31) and are due no later than the 10th of the following month. Once the report is received a check for 25% of your total award will be automatically sent to your agency. Reports can be emailed to Dawn Larsen at dlarsen@waspc.org, mailed to Washington Association of Sheriffs & Police Chiefs, 3060 Willamette Drive NE Lacey, WA 98516, or faxed to (360) 486- 2381. RSO - Quarterly Report Rev: Jan 2013 156 2014-266 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Debbie Bailey C IC_7) II 'r' (1 t1 /� r ; r — w� (..� L2011 7/22/14 Finance/Council Division Head: Gary Stoyka / Dept. Head: ®® fl � Frank Abart � � � � � �, �> � !t°Y"e ikR`fa (,'O +I Prosecutor Dan Gibson: f' Purchasing/Budget: Brad Bennett Executive: Jack Louws • / 7 TITLE OF DOCUMENT:' Comprehensive Solid And Hazardous Waste Management Plan ATTACHMENTS: 1. Memorandum 2. Contract 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.) Contract to update the Comprehensive Solid and Hazardous Waste Management Plan, as required by the Washington State Department of Ecology. 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. 157 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR TO: THROUGH: FROM: RE: DATE: MEMORANDUM The Honorable Jack Louws, County Executive Honorable Members of Whatcom County Council Frank Abart, Director Gary Stoyka, Natural Resources Manager GARY STOYKA Natural Resources Manager 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 676-6692 FAX: (360) 738-4561 www.whatcomcounty.us FAbart@co.whatcorn.wa.us JUL 10 2014 Comprehensive Solid and Hazardous Waste Management Plan July 9, 2014 Enclosed are two (2) originals of the contract to update the Comprehensive Solid and Hazardous Waste Management Plan between Maul, Foster & Alongi, Inc. and Whatcom County for your review and signature. ■ Background and Purpose The Department of Ecology requires that Comprehensive Solid Waste Management Plans be updated every five years to remain current. The last plan is dated 2008. Additionally, it is requested that the Hazardous Waste Management Plan be updated and included as part of the same document. Maul, Foster, & Alongi has been chosen to complete this project as part of an open bidding process (RFP 14-32). ■ Funding Amount and Source This project was approved and supplemental budget authority granted for an expense of up to $175,000 at a meeting of the Solid Waste Executive Committee on September 25, 2013. Maul, Foster & Alongi has been contracted to provide the service for $87,981 including contingency. ■ Differences from Previous Contract This is a new contract for professional services. Please contact Debbie Bailey at extension 50292, if you have any questions or concerns regarding the terms of this agreement, Encl. 158 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ao IYa 00 Originating Department: Public Works/Solid Waste Division Contract or Grant Administrator: Debbie Bailey Contractor's / Agency Name: Maul, Foster & Alon i, Inc. 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, (per WCC 3.08.100 (a)) Original Contract # Does contract require Council Approval? Yes _x_ No If No, include WCC (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) 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 X No If yes, RFP and Bid number(s) RFP 14-32 Cost Center: 140100 Is this agreement excluded from E-Verify? No Yes X 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. $ 87,981.00 • Bid is more than $50,000. 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: Contractor will update the Comprehensive Solid Waste Management Plan as well as the Hazardous Waste Management Plan, melding them into one document, and meeting all the requirements of the 2010 Department of Ecology's Guidelines. Term of Contract: One year I Expiration Date: 6/30/15 Contract Routing; Steps & Signoff [sign or initial] [indicate date transmitted] 1. Prepared by: DB Date 2. Attorney reviewed: KNF _7/02/14 Date 7/7/14 3. _ AS Finance reviewed: bbennett Date7/9/14 4. IT reviewed if IT related: Date 5. Attorney signoff. Date_ � f - 7. Contractor signed: — Date_ 7- / 8. Submitted to Exec Office: _ Date 9. Council approved (if necessary): Date 10. Executive signed:_ 11. Original to Council Date Date Last Edited 060414 159 C01UN° raft" OR GI # !" , r WHATCOM COUI CONTRACT NO. ,;,)o t y 0 `70 CONTRACT FOR SERVICES AGREEMENT Comprehensive Solid and Hazardous Waste Management Plan Update Maul, Foster & Alongi, Inc. , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 2 to 6 , Exhibit A (Scope of Work), pp. 7 to 9 , Exhibit B (Compensation), pp. TO to 10 , Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 22nd day of July , 2014, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30th day of June, 2015. The general purpose or objective of this Agreement is to: update the Comprehensive Solid and Hazardous Waste Management Plan, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $87,981.00. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of July, 2014. CONTRACTOR: Maul, Foster & Alongi, Inc. 17171 o> JustK Clary, Director of P het ound Operations Date STATE OF WASHINGTON ) ss. COUNTY OF �,�'``.:�, �t ."k On this t day of Jul, 2014 before me personally appeared Justin Clary to me known to be the Project Manager of Maul, Foster & Alongi, Inc. and who executed the,?4oivetiwr47,ument and who acknowledged/to me the act of signing pridd sealing thereof. ° OTA NOT RY I�UBLIC n and for the/State ofWashington, residing at x, cV�--k/ q( My :n6 -o-1/` � v � � ® _ commission expires UBO ®'p Contract for Services Agree/meii*i 101 III100 CS&HW Management Plan Page 0 v 1.0 160 WHATCOM COUNTY: Recommended for A Frank Abart, Director Date Approved as to f�m: r Dan Gibson 'thief Civil Deputy Date Prosecuting Attorney Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of July, 2014 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: Maul, Foster & Alongi, Inc. Justin Clary, PE, Director of Puget Sound Operations Address: 1329 North State St., Ste Bellingham, WA 98225 Contact Name: Justin Clary, PE, Director of Puget Sound Operations Contact Phone: (360) 594 6262 Contact FAX: (360) 594-6270 Contact Email: jclary maulfoster.com Contract for Services Agreement CS&HW Management Plan Page 1 v1.0 161 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Three months 11.1 Termination for Default: Not Applicable 11.2 Termination for Reduction in Funding: In the event that 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 its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: Not Applicable Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. Contract for Services Agreement CS&HW Management Plan Page 2 62 The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: Not Applicable Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor 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. Contractor shall immediately give to the County notice of any Contract for Services Agreement CS&HW Management Plan Page 3 v 1.0 163 judicial proceeding seeking disclosure of such information. Contractor 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 Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 (this amount may vary with circumstances) General Liability & Property Damage for bodily injury- $1,000,000.00 (this amount may vary with circumstances) A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory. Professional Liability - $1,000,000 per occurrence: Not Applicable 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: Not Applicable 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable Contract for Services Agreement CS&HW Management Plan Page 4 I e4 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Gary Stoyka, Natural Resources Manager, 322 N. Commercial St. Ste. 210, Bellingham WA 98226 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment Suspension Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Contract for Services Agreement CS&HW Management Plan Page 5 v 1.0 165 Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement CS&HW Management Plan Page 6 1 '°6 EXHIBIT "A" (SCOPE OF WORK) COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN Maul Foster & Alongi, Inc. (the "Contractor") will assist Whatcom County (the "County") in completing a comprehensive revision to the Whatcom County Comprehensive Solid and Hazardous Waste Management Plan (CSHWMP), incorporating all elements required under Revised Code of Washington (RCIX) 70.95.090. Work to be performed and associated deliverables to be provided are defined under the following tasks. Task 1. Visionary Process and Preliminary Assessment The Contractor will assist the County in initial project scoping, including preparing a project management and communications plan. The Contractor and County will jointly develop a vision and schedule for revising the CSHWMP that meets Washington State Department of Ecology (Ecology) requirements and synthesizes three existing documents (1991 Hazardous Waste Plan, 1999 Comprehensive Solid Waste Management Plan and 2008 CSHWMP) into one overarching CSFIWW. A kickoff meeting with County staff will further define the priority issues and topics on which the CSHWIVIP should focus. During a subsequent meeting with the Whatcom County Solid Waste Advisory Committee (SWAM) and/or a subcommittee of the SWAC, the Contractor will present and solicit input on the overall project, the outline for the unified CSHWMP, and the project schedule. Additional SWAC or sub-SWAC meetings may be held to facilitate an initial analysis of the 2008 programmatic and facility objectives and to understand their current status or challenges in implementation. During this time, the Contractor will also initiate discussion with the Ecology program manager regarding the proposed objectives for the updated Plan to ensure that the planning process considers the current objectives of the state. Task 1 Meetings: • County/Contractor Kickoff Meeting • SWAC meeting (1) to review outline, schedule, and summarize initial analysis Task 1 Deliverables: • Project Management and Communication Memorandum • Memorandum summarizing priority issues and vision, schedule, and outline for the unified CSHWMP • Memorandum of likely modifications to 2008 CSHWMP programmatic and facility objectives • Project kick-off meeting minutes Task 2. Data Gathering The Contractor will refine and incorporate information presented in the existing waste management planning documents into the unified outline developed during Task 1. The Contractor will also evaluate how the goals set out in the Washington State Beyond Waste Plan are being met by the existing plans, and what elements of the state plan should be considered. Using information gathered during the review of the existing plans, the Contractor will interview County staff and solid waste industry representatives to update or redefine the descriptions of specific elements of the existing solid waste system. These reviews will address the primary elements required under RCW 70.95: • Waste Reduction, Reuse, and Recycling • Composting • Special Waste • Collection, Transfer, and Disposal • Education Contract for Services Agreement CS&HW Management Plan Page 7 v 1.0 167 • Administration and Enforcement The Contractor will work with County staff, local waste haulers, and other solid waste system operators to obtain up-to-date waste system statistics and regional demographics information necessary to develop the description of the size of the waste stream, define reuse and recycling operations, and provide a basis for projecting the growth of the waste stream into the future. County will make staff available to the Contractor to allow for efficiencies in time and cost by taking advantage of the staffs familiarity and access to critical data sources. The Contractor will also review the Whatcom County Comprehensive Plan to supplement demographic information or relevant growth goals. Task 2 Meetings: • SWAC/Sub-committee meeting (1) Task 2 Deliverables: • Memorandum of waste system description, statistics (material types and volumes), and regional demographics Task 3. Summary of Existing Solid Waste System The Contractor will prepare an update describing each of the solid waste topics contained in the 1991 Hazardous Waste Management Plan, the 1999 Comprehensive Solid Waste Management Plan and the 2008 CSHWMP. The section update will streamline the description of the system components, while also clarifying the discussion so that the document can be more accessible to the public. The update will also provide an assessment of the state of each system component, detailing strengths, weaknesses, needs, and opportunities identified by stakeholders and service providers during Task 2. Data and initial findings will be presented in a format that allows stakeholders to develop a common understanding of the state of the solid waste system. The chapter updates will not address recommendations at this point in the update process, but will serve as the basis for goal setting exercises with County staff and the SWAC. An assessment of the capacity of existing facilities and their operations will be included in the appropriate chapters. Task 3 Meetings: • SWAC/Sub-committee meetings (2) Task 3 Deliverables: • Chapter summaries of existing system and assessment of needs Task 4. Development of System Goals and Actions Based on the assessment provided in Task 3, the Contractor will use the strengths, weaknesses, needs, and opportunities associated with the existing solid waste management system to develop several system goals with County staff and members of the SWAC. The goals for the program will define what the solid waste system should strive for over the long term. The process will start with -a detailed analysis of the goals stated in the 2008 CSHWMP and the recommendations of the preliminary analysis conducted in Task 1. In a series of meetings on specific topics, the Contractor will work with County staff and a subcommittee of the SWAC to develop a list of implementable actions that contribute to achieving the goals that have been established. The list of actions will include those identified in the 2008 CSHWIVIl' and suggested actions based on the Contractor's experience with similar programs, as well as input from stakeholders. Based on the topical discussions, the subcommittee will recommend a list of actions for consideration by the full SWAC and the County. The actions resulting from this analysis will enable the CSHWMP to meet the six- and 20-year planning capital facility requirements outlined by the state's Growth Management Act; to undertake initiatives consistent with Contract for Services Agreement CS&HW Management Plan Page 8 608 Ecology's Beyond Waste Plan; and to be responsive to the vision and goals of the County. The updated CSHWMP will include the current mechanism defined by the County to allow for flexibility in the CSHWMP for changes in action or schedule that are approved by the SWAC outside the planning process. An additional element of this task will be the designation of recyclable materials and defining the process for amending this list in accordance with Ecology guidelines. Task 4 Meetings: • SWAC Meeting (1) • SWAC Subcommittee Meetings (3) Task 4 Deliverables: • Recommendations chapter describing program goals and proposed actions Task 5. Preparation of Documents Before adoption, the CSHWMP will require review and approval from several state and local agencies, including Ecology, the Washington Utilities and Transportation Commission (WUTC), and the State Environmental Policy Act (SEPA) lead agency. The Contractor will prepare an update of the existing SEPA Checklist and Non -Project Review Form. The Contractor will also prepare a cost assessment for submittal to the WUTC. As a final step, the Contractor will compile the chapters that were prepared under Tasks 3 and 4. The final document will include all maps, figures, tables, and appendices developed under the prior tasks. The CSHWMP will be made available for public review and Ecology preliminary and final draft reviews consistent with state requirements. The CSHWMP will be distributed primarily in electronic format, with a limited number of hard copies provided to the County and Ecology (assuming five for County use; Ecology requires three copies). Task 5 Meetings: • County Council Meeting (1) Task 5 Deliverables: • SEPA Checklist and Non -Project Review Form • WUTC cost assessment questionnaire • Final CSHWMP (electronic format and up to 25 hard copies) Contract for Services Agreement CS&HW Management Plan Page 9 v 1.0 169 EXHIBIT "B" (COMPENSATION) Task Maul Foster & Alon i, Inc. Total Hours Labor Direct 1 Visionary Process and Preliminary Assessment 82 $10,930 $50 $10,980 2 Data Gathering 165 $19,440 $50 $19,490 3 Summary of Existing Solid Waste System 157 $17,790 $315 $18,105 4 Development of System Goals and Actions 130 $15,000 $250 $15,250 5 Preparation of Documents 118 $12,720 $3,438 $16,158 Subtotal $75,880 $4,103 $79,983 *Contingency 10% $7,588 $410 $7,998 Total Estimated Cost $87,981 *Contractor will not expend any contingency funds without prior authorization of the County. As consideration for the services provided pursuant to Exhibit A., Scope of work, the county agrees to compensate the contractor according to the hourly rates provided below. Mileage will be reimbursed at the current IRS rate. Contractor will invoice monthly. Invoices will include hours worked by employee by day together with tasks accomplished. Any work performed prior to the effective date of this contract or continuing after the completion date of the same unless otherwise agreed upon in writing, will be at the contractor's expense. Maul Foster & Alongi, Inc. Project Staff Billing Rates Name Title Rate Neil Alon i, PE Principal Engineer $200/hour James Darling Principal Planner $200/hour Justin Clary, PE Project Manager $160/hour Erik Bakkom, PE Senior Engineer $160/hour Jacqueline Gruber Staff Planner $95/hour Mary Mat as Administrative Assistant $70/hour Contract for Services Agreement CS&HW Management Plan Page 10 v 1.0 170 "EXHIBIT C" MAULFOS-01 KRISTIC AC"Av" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 7/2/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Durham and Bates Agencies, Inc. 720 SW Washington St. Ste250 Portland, OR 97205 ONTACT_ Kristi Calvin CNIAVIE PNE FAX HO (A/c. No EXt): (503) 224-5170 — —�LAIC. No): (503) 221-0540 ADDRESS: kristic@dbates.com INSURER(S) AFFORDING COVERAGE INSURER A: Admiral Insurance Co NAIC # INSURED INSURER B: Hartford Fire Insurance CO 19682 INSURER C: Maul Foster & Alongi, Inc. ------------------------------------ INSURER D : ------ 400 East Mill Plain Blvd., Suite 400 Vancouver, WA 98665-8320 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR 1 TYPE OF INSURANCE TAD15C-SUBRj INSD WVD POLICY EFF POLICY EXP ! POLICY NUMBER MM/DD/YYYY MMIDONYYY LIMITS A X !COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 (------- --I,_..- r--- cLAIMs-MADE ! X OCCUR iFEI-ECC-14566-01 04/25/2014 04l25/2015 ---------- -- PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5,000 i ._ a PERS LO AN & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY i E° LOC - PRODUCTS-COMP/OP AGG $ 2,000,000 - - - - OTHER. $ B AUTOMOBILE h LIABILITY ANY AUTO ! 162UECKT2223 04/26/2014 04/26/2016 COM/Ea aBINEccidenDt) SINGLEOMIT $ 1,000,000 ----------------- BODILY INJURY (Per person) $ X: ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS ( AUTOS 1 - ;BODILY INJURY (Per accident) $ — PROPERTY DAMAGE I LPer accident) $ _ F $ ! UMBRELLA LIAR ! OCCUR EXCESSLIAB CLAIMS -MADE! EACH OCCURRENCE $ �--OCCUR__--- AGGREGATE $ ! DED RETENTION S I $ I WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORlPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑'NIA (Mandatory in NH) ( PER OTH- STATUTE ER E.L. EACH ACCIDENT $ --- ------ .---- E.L DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE -POLICY LIMIT $ A (Professional Liab i FEI-ECC-14566-01 04/25/2014 04/26/2016 (Per I Claim Limit 5,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Whatcom County - General Liability - Additional Insured - Owner, Lessees or Contractors - Scheduled Person or Organization form CG2010 (7/04) and Additional Insured - Owner, Lessees or Contractors - Completed Operations form CG2037 (7/04), Automatic Waiver of Subrogation Endorsement form ECC-320-0712; Automatic Primary and Non -Contributory Insurance Endorsement - ECC-048-0712; all attached. CERTIFICATE HOLDER CANCELLATION Whatcom County Public Works Solid Waste Division 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE __"�02_ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 171 =»: Maul Foster & Alongi, Inc. >; Endorsement Number: 25 Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization This endorsement, effective 4/25/2014 attaches to and forms a part of Policy Number FEI-ECC-14566-01 . This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization(s): Location(s) Of Covered Operations Any person(s) or organization(s) whom the Named Those project locations where thus endorsement is Insured agrees, in a written contract, to name as an required by contract. additional insured. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 C ISO Properties, Inc., 2004 172 Maul Foster & Alongi, Inc. Endorsement Number: 30 Additional Insured - Owners, Lessees or Contractors - Completed Operations This endorsement, effective 4/25/2014 attaches to and forms a part of Policy Number FEI-ECC-14566-01 . This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART , NFTIT 1I .F. Name Of Additional Insured Person(s) I Location And Description Of Completed Or OrQanization(s): Operations An_y person(s) or organization(s) whom the Named Insured agrees, in a written contract, to nanne as an additional insured. However, this status exists only for the project specified in that contract. Those project locations where this endorsement is required by contract. Information required to complete this Schedule, if not shown above; will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 173 Maul Foster, & Alongi, Inc. -`¢ Endorsement Number: 6 Automatic Waiver of Subrogation Endorsement This endorsement. effective 4/25/2014attaches to and forms a part of Policy Number FEI-ECC-14566-01. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured 's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circuunstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. ECC-320-0712 174 ;z � "I Maul Foster, &Alongi, Inc. Endorsement Number: 15 Automatic Primary and Non -Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective4/25/2014 attaches to and forms a part of Policy Number FEI-ECC-14566-01. This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Orgamization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract; to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of an additional premium of $Applied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance. ECC-548-0712 175 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-267 CLEARANCES Initial Date D t Received in Council O ace Agenda Date Assigned to: Originator: �j. �I�,� 7122114 Finance Gary Stoyka GSS 7/1/14 Division Head: 7122114 Council Gary Sto ka GSS 7/1/14 n<. Dept. Head. �0� , Frank Abart ,> p [� p� yg p G (g� p„ $Q $�gp y ®$¢ Prosecutor: Dan Gibson I ( Gtf COUNCIL Purchasing/Budget ��D� f t� Brad Bennett: i7 Executive: ' 7. � Jack Louws 4/ TITLE OF DOC Professional services contract with RH2 Engineering, Inc. to update the Whatcom County Coordinated Water System Plan - Regional Supplement. ATTACHMENTS: Memorandum Contract SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Professional services contract with RH2 Engineering, Inc. to update the 2000 Whatcom County Coordinated Water System Plan - Regional Supplement and facilitate meetings of the Water Utility Coordinating Committee. 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. 176 WHATCOM COUNTY oM CQ Gary S. Stoyka O Natural Resources Program Manager PUBLIC WORKS DEPARTMENT CIVIC CENTER ANNEX FRANK M. ABART ' Director 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 ? Phone # (360) 676-6692 [cv�Fax # (360) 676-6863 RE TO: The Honorable Jack Louws, County Executive M' VED The Honorable Flood Control Zone District Board of Supervisors iUL 10 2014 THROUGH: Frank M. Abart, Director rl Jif FROM: Gary S. Stoyka, Natural Resources Program Manager JACK LOUWS RE: Contract to update the Whatcom County Coordinated Water System Plan DATE: July 1, 2014 Requested Action Enclosed are two (2) originals of the contract between Whatcom County and RH2 Engineering, Inc. for your review and signature. Background and Purpose The work in this contract consists of updating the Whatcom County Coordinated Water System Plan (CWSP) in accordance with RCW 70.116 and WAC 246-293. The current CWSP was adopted in 2000. Much has changed with regard to water system issues in the past 14 years, particularly with respect to population growth. The objectives of this update are: (1) to coordinate acquisition, treatment, and delivery of water among the various public water purveyors consistent with local, state and federal laws and regulations, and in the best interest of the served public; (2) integrate public water system needs into a regional water supply plan addressing other beneficial uses in Whatcom County; and, (3) inform the preparation of the Whatcom County Comprehensive Plan update relative to water supply. As part of the update process, the County will, pursuant to RCW 70.116, convene the Water Utility Coordinating Committee (WUCC). The contractor will facilitate the WUCC meetings. Once the CWSP is approved by the WUCC, the contractor will conduct the required SEPA analysis before assisting in the submittal of the CWSP to the County Council and state Department of Health for approval. Because the full scope of the update has yet to be determined, it was decided to do the work in two stages: (1) preliminary data collection and analysis and scoping, and (2) the main update. This contract is for the main update based on the scoping that was done in the first stage Funding Amount and Source The estimated budget for this contract is $174,176.00. This work will be conducted between 2014 and 2015. The 2014 Natural Resources budget, approved by the Flood Control Zone District Board of Supervisors on November 26, 2013, includes $150,000 for this contract (less $18,991 that was appropriated for the Phase I contract). The remaining $43,167 will not be expended until 2015 and will be included in the 2015 Flood Control Zone District budget (Fund 169). There are sufficient funds in the Flood Control Zone District Fund (Fund 169) to fund the work to be conducted in 2014 under this contract. Please contact Gary Stoyka at extension 50618, if you have any questions or concerns regarding the terms of this agreement. Encl. 177 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Public Works Contract or Grant Administrator: Gary Stoyka Contractor's / Agency Name: R112 Engineering, Inc. 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, (per WCC 3.08.100 (a)) Original Contract # Does contract require Council Approval? Yes _X_ No If No, include WCC (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) 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 X No If yes, RFP and Bid number(s) RFQ 14-04 Cost Center: 169121 Is this agreement excluded from E-Verify? No Yes X If no, include Attachment D Contractor Declaration If yes, indicate exclusion(s) below: X 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. $_174,776.00 • Bid is more than $50,000. 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: RH2 Engineering, Inc. will update the Whatcom County Coordinated Water System Plan in accordance with RCW 70.116 and WAC 246-293 and will facilitate meetings of the Water Utility Coordinating Committee. Term of Contract: 17 months Expiration Date: December 30, 2015 Contract Routing Steps & Signoff. [sign or initial] [indicate date transmitted] 1. Prepared by: Gary S. Stoyka Date 07101114 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date 07101114_ [electronic] 3. AS Finance reviewed: Brad Bennett Date 07103114 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] 6. Attorney signoff: Daniel L. Gibson Date_07101114 7. Contractor signed: Date `7-3 -1y 8. Submitted to Exec Office Date -7-10 l% . 9. Council approved (if necessary) Date 10. Executive signed: Date 11. Contractor Original Returned to dept; Date 12. County Original to Council Date hard copy printed [summary via electronic; hardcopies] W ORIGINAL i lr iM PAGE No —LoFaL f'AC S Whatcorn County Contract No. g 56. CONTRACT FOR SERVICES Update of the Whatcom County Coordinated Water System Plan RH2 Engineering, Inc., hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 1 to 8 Exhibit A (Scope of Work), pp. 9 to 14 Exhibit B (Compensation), pp. 15 to 19 Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1st day of August , 2014 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30th day of December , 2015 . The general purpose or objective of this Agreement is to: update the Whatcom County Coordinated Water System Plan, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 174,776.00 The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement thisa day of g_t 20 f . I CONTRACTOR: RH22 ENGINEERING, INC. Richard L. Ballard. Director (Type in Name & Title of Signatory) STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this 3" d.tay of LLk �" 20 1�` 4, before me personally appeared � a c (ry �=� � t � L �.x( f&jo me known to be the t r .Tr (ti le) of. t ? "< < g":Y'k'$z (:(Company) and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. C, NOTARY PUBLIC n and for the State of Washin n, residing at t..l.ie''A . My commission expires a 4' `� 2-X a 7 SUN dwaslimp" ANGELA T ELY C EX nor 20, 20177 179 WHATCOM COUNTY: Reconunended jor Approval: r� !/ Department Directors Date Approved as to form:, Prosecuting Affo 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: RH2 Engineering, Inc. (Type in Name of Contractor/Firm) Richard L. Ballard. Director (Type in Name & Title of Signatory Authorized by Firm Bylaws, if applicable) Address: 22722 - 29th Drive SE Suite 210 Bothell WA 98021 Mailing Address: same Contact Name: Jim Bucknell Contact Phone: 425-951-5424 Contact FAX: Contact Email: jbuckne11C&rh2.com 00 ORIGINAL-LPAGE NO3 OF- PAGES GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract 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 Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: Not Applicable Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes directly resulting from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. 181 ORIGINAL . _.._PACE NO__ ._GF GES The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: Not Applicable Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend,_ indemnify and hold harmless the County, its officers, agents or employees from any lass or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 182 OR€GII,�Av N(�_ ?X ,�C. F'PAC3S 31.2 Patent/Copyright Infringement: Contractor will defend and indemnify the County from loss or expense directly resulting from claims made against the County, to the extent such loss or expense results from information supplied by the Contractor that infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor 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. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor 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 Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement insurance with the following minimums: Commercial General Liability, for bodily injury - $1,000,000.00 per occurrence, and for property damage - $500,000.00 per occurrence. A Certificate of insurance that also identifies the County as an additional insured, together with appropriate endorsements, is attached hereto as Fxhihit "(7 This insurance shall hp primary and nonrontrihutory, and shall waive all rights of suhrogation The County insurance shall not serve as a source of contribution. a. Professional Liability - $1,000,000 per occurrence: If the professional liability insurance is a claims made policy, and should the contractor discontinue coverage either during the term of this contract or within three years of completion, the contractor agrees to purchase tail coverage for a minimum of three years from the completion date of this contract or any amendment to this contract. 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned 183 ORIGINAL._ I_..__PAGE NC>,U_..` R �AGES by the sole negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Gary S. Stoyka, Whatcom County Public Works Department, 322 N. Commercial St., Ste.110, Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 00 ()RIG1NAL pp/ NO 0 #� 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: The E-Verify contractor program for Whatcom County applies to contracts of $100,000 or more and sub contracts for $25,000 or more if the primary contract is for $100,000 or more. Contractor represents and warrants that it will, for at least the duration of this contract, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Whatcom County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Contractor/Seller agrees to maintain records of such compliance and, upon request of the County, to provide a copy of each such verification to the County. Contractor/Seller further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. Contractor/Seller understands and agrees that any breach of these warranties may subject Contractor/Seller to the following: (a) termination of this Agreement and ineligibility for any Whatcom County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, Contractor/Seller would also be liable for any additional costs incurred by the County due to contract cancellation or loss of license or permit." Contractor will review and enroll in the E-Verify program through this website: www.uscis.gov Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severabili : 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. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive, b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 185 ORIGINAL, I _.a PAP,,- �JiJ._."-)._,OF L PAGES c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. ORIGINAL PAGE NO,q--OFcX EXHIBIT "A" (SCOPE OF WORK) The update of the CWSP was split into two phases, Phase 1 and Phase 2. Phase 1 was designed for RH2 to assist the County in preparing for and facilitating the pre-scoping meeting. This phase also included tasks to allow RH2 to continue to work on the project while the pre-scoping meeting was being organized and as the overall project scope (Phase 2) is being developed. The Preliminary Data Collection and Analysis tasks included in Phase 1 will continue in Phase 2. To reduce hours needed to update the CWSP, RH2 will rely on the accuracy and completeness of any data, information, or materials provided by the County or others in relation to the project. Task 1- Update Glossary of Acronyms and Terms Objective: Update the glossary of acronyms and terms used in the CWSP to account for new terms and revised definitions. Approach: 1.1 Add and update acronyms, terms and definitions to the list. 1.2 Perform quality assurance/quality control (QA/QC) review. Assumptions: Definitions for terms will be from resolution, statute, or rule when available. RH2 Deliverables: • Updated list of acronyms, terms, and definitions. Task 2 - CWSP Process Objective: Update Section 2 of the CWSP. Approach: 2.1 Review whether changes have been made to either the Public Water System Coordination Act (Chapter 70.116 of the Revised Code of Washington (RCW)) or the Water System Coordination Act (Chapter 146-293 of the Washington Administrative Code (WAC)) since the last update and document the results. 2.2 Update subsection 2.1 (CWSP History in Whatcom County), including sub -subsections, and results of the appeal to the Court of Appeals. 2.3 Include discussion on the current round of Growth Management Hearings Board (GMHB) appeals. 2.4 Update Table 2-1 describing timeline of CWSP actions in Whatcom County. 2.5 Update subsection 2.2 (CWSP Update Preparation), including sub -subsections, based on the current effort. 2.6 Update Table 2-2 containing subcommittees and members. 2.7 Expand on the water system service areas discussion by describing the difference between future, retail, and wholesale service areas. 2.8 Update subsection 2.3 (Regional Supplement) based on the current effort. 2.9 Update Water Utility Coordinating Committee (WUCC) membership water systems Table 2-3 depending on current number of connections, status of mapping, and declarations. 2.10 Remove existing Exhibit 2-2, which discussed legislative changes to the Public Water System Coordination Act. 2.11 Perform QA/QC review. Assumptions: County staff will provide the language for Task 2.2 and 2.3. County staff will assist with Task 2.4. RH2 Deliverables: • Section 2 — The CWSP Process for WUCC review and comment. Task 3 - Population, Water Demand, and Expanding Systems Objective: Update Section 3 of the CWSP. Subsections will be updated based on current population and updated demand forecasts. Approach: 3.1 Obtain historical and existing water demand data from water systems. 3.2 Obtain updated population forecasts from work being done for the County Comprehensive Plan update. 3.3 Update the population forecast tables and discussion based on the data received. N 187 ORIGINAL —PAGE N0J_0r PAGES 3.4 Review water system plans and metering data to update the current and forecasted per capita water consumption. 3.5 Update the water demand projections based on the updated population and per capita water consumption values or from supplemental data provided by the water systems. Estimate projections based on data from similar systems where appropriate. 3.6 Update the inventory of existing water systems and operating permit colors, based on current information. 3.7 Generally discuss water use trends and possible future scenarios and how water demand may be affected in the 20 to 50 year horizon. 3.8 Perform QA/QC review. Assumptions: County staff will provide the population forecasts identified in Subtask 3.2. Preliminary water use/demand data will be available from existing individual water system comprehensive plans or metering data from Ecology. Predictions beyond the 20-year planning horizon of the County Comprehensive Plan will not be prepared, and the discussion in Subtask 3.7 will focus on trends and possible future scenarios that may affect water demand, but will not quantify those future demands. RH2 Deliverables: • Section 3 — Population, Water Demand, and Expanding Systems for WUCC review and comment. Task 4 - Water Utility Service Areas Objective: Update Section 4 of the CWSP. Approach: 4.1 Identify which Group A water systems have provided service area boundary declarations to the County. Water systems will confirm that their service area declarations and mapped boundaries are still accurate. If not, they may pursue correction through the existing Service Area Boundary Amendment Procedure (Exhibit 4-3 CWSP), so that the updated service area can be included in this CWSP update. 4.2 Contact Group A water systems that have not provided service area boundary declarations and request they provide a Declaration of Water Utility Service Area, including a map. Create a geographic information system (GIS) shapefile of the water system service area provided. 4.3 Identify service area overlaps, contact the systems involved and determine if the overlap is either contested or not contested, and determine the long-term plan for the overlapping area. 4.4 Document the long-term plans for overlapping area, such as status quo, eventual absorption by surrounding system, schedule, and actions that need to be taken. 4.5 Request the retail, future, and wholesale service areas of expanding Group A systems from those systems and create a new map displaying those boundaries. 4.6 Perform QA/QC review. Assumptions: The County will provide RH2 with the most recent GIS files of designated service areas. RH2 will work with the County's GIS data during the CWSP update process to update existing figures and create new figures. At the end of the CWSP update process, RH2 will provide the GIS files to the County, which will be the final repository for the official GIS-based service area boundaries. It is assumed that not all systems complied with the 2000 CWSP requirement to submit their service area boundary maps to the County. It is assumed that 20 of the 209 water systems identified on the Preliminary CWSP Designated Water Service Areas Map from May 2014 will need to amend their service area (Task 4.1). It is assumed that all Group A systems contacted under Task 4.2 will be willing to provide a declaration and hard -copy map that will be digitized by RH2. Water systems with overlapping boundaries will be willing to discuss the situation and long-term plans. The County is currently mapping existing Group B water systems and will provide the GIS layers to RH2 as the work progresses and incorporate the boundaries in the updated Designated Water Service Areas map. RH2 Deliverables: • Section 4 — Water Utility Service Areas, for WUCC review and comment. Task 5 - Minimum Design Standards Objective: Update Section 5 of the CWSP. Approach: 5.1 Convene a WUCC subcommittee to review the existing design standards and develop and justify recommended changes. Review design standards for both rural and urban service areas and include in the updated plan. 5.2 Meet with WUCC subcommittee, WCHD, PDS, and Whatcom County Fire Marshal to determine if updates to the minimum fire flow requirements are needed and develop new minimum requirements for review by the WUCC. Update the fire protection standards discussion as necessary. m 00 ORIONALA --PAGE NO �_0F PAGES 5.3 Add new discussion of the Water Use Efficiency Standards, including how various sizes of Group A and Group B public water systems are affected. 5.4 Summarize the issues related to the provision of fire hydrants in Lane vs. Seattle and other similar cases with an emphasis on the legislation passed by the Washington State Legislature in the 2014 session and how it affects public water systems in Whatcom County. 5.5 Perform QA/QC review. Assumptions: RH2 will participate in up to four (4) meetings with the subcommittee. RH2 Deliverables: • Attendance at four (4) meetings with the WUCC subcommittee. • Chapter 5 — Minimum Design Standards for WUCC review and comment. Task 6 - Utility Service Review Procedures Objective: Update Section 6 of the CWSP. Approach: 6.1 Review the existing utility service procedures and determine which portions have been effectively implemented. Identify procedures that are insufficient. Recommend areas where improvements to the procedures could be considered by the County. 6.2 Coordinate with the County to obtain updated utility service review procedures. Review and comment on proposed changes to the procedures. 6.3 Update Exhibit 6-1 based on the results of Subtask 6.1. 6.4 Perform QA/QC review. Assumptions: PDS and WCHD staff will coordinate internally to update the utility service review procedures for incorporation into the CWSP by RH2. RH2 Deliverables: • Draft Utility Service Review Procedures and diagram for WUCC review and comment. • Chapter 6 — Utility Service Review Procedures for WUCC review and comment. Task 7 - Satellite Management Agency and Receivership Objective: Update Section 7 of the CWSP. Approach: 7.1 Update subsection 7.1 (WDOH Satellite Management Agency (SMA) Requirements) language and remove bill language from discussion. Replace with citations for RCW and WAC. 7.2 Update subsection 7.2 (Current SMA Status) to add approved SMAs in the County and clarify their management and ownership. 7.3 Discuss the pros and cons of SMAs with management and operations authority only versus those with the added option of ownership. 7.4 Update subsection 7.3 (Receivership of Failing Systems) to add language clarifying what receivership means to customers of public water systems, including the financial and legal obligations that may remain. 7.5 Discuss options to provide technical and financial assistance to failing public water systems with the intent of reducing the number of systems that will ultimately pursue this course of action. 7.6 Perform QA/QC review. Assumptions: Information from Subtask 7.3 will be obtained via interview with other counties and WDOH. The receivership discussion in Subtask 7.4 will be reviewed by staff from the Whatcom County Prosecutor's Office for accuracy. RH2 Deliverables: • Section 7 — Satellite Management Agency and Receivership for WUCC review and comment. Task 8 - Regional Resource Issues Objective: Update Section 8 of the CWSP. Approach: 11 ORIGI�iALI-----PA GI NC} 0FD,,.� RAG 8.1 Update subsection 8.0 (Introduction) to include a discussion of WDOH Sentry and Ecology Water Resource Explorer databases. 8.2 Update subsection 8.1 (Lummi Indian Nation) to include the Lummi Peninsula Settlement and identify which public water systems on the Lummi Reservation are affected by the settlement and/or the CWSP update. 8.3 Update subsection 8.2 (Water Rights) to discuss the Municipal Water Law and how it affects public water systems in the County. 8.4 Discuss options for water rights processing, including change applications, Hillis priority processing, cost reimbursement, coordinated cost reimbursement, and Chapter 173-501 WAC. 8.5 Compare and contrast existing and forecasted water demands for public water systems (from Task 3) with their existing water rights and develop a GIS map displaying the suitability of water rights to serve existing and future (20-year) demand. A water rights summary table will be included in Appendix B. 8.6 Update subsubsection 8.4.2 (Surface Water and GWI Sources) to include a GIS map of groundwater sources currently known to be under the influence of surface water and discuss the implications for public water systems. 8.7 Update subsubsection 8.4.3 (Nitrate) to expand discussion of nitrate contamination in the north county and provide a GIS map outlining this area and discuss potential solutions. Explore short and long-term alternatives to dealing with these problems, including individual treatment, single source treatment and delivery to multiple systems, importing water from Birch Bay/Blaine, importing water from Sumas, importing water from the Nooksack River, and others that may arise. 8.8 Discuss other water quality issues and associated regulatory rules such as the U.S. Environmental Protection Agency's Lead and Copper Rule and Arsenic Rule. 8.9 Update subsubsection 8.4.5 (Seawater Intrusion) to expand the discussion of seawater intrusion in Whatcom County to consider the extent and significance of the problem and provide a GIS map showing known areas where it has been encountered. 8.10 Update subsubsection 8.4.6 (Relic Saltwater) to expand the discussion of the occurrence of relic seawater in Everson Glaciomarine geologic unit. 8.11 Update subsubsection 8.4.7 (Volatile Organic Chemicals and Pesticides) on ethylene dibromide (EDB) and dichloropropane (DCP) and 1,2-DCP contamination and provide a GIS map showing where it is generally encountered and the pipeline route which serves lands generally west of the City of Lynden. Also discuss the specific criteria to qualify to receive this water from the pipeline and monitoring requirements. 8.12 Update subsubsection 8.4.8 (Iron/Manganese) to expand the discussion of iron/manganese in county groundwater, and discuss the implications for existing and future public water supplies. 8.13 Update subsubsection 8.5.2 (Quantity) to include a review the history of the drilling of deep wells in the county and identify where such efforts have been successful and where they have not. Provide a GIS map showing deep well locations. 8.14 Discuss the history of bedrock wells. 8.15 Address other water concerns raised by WUCC members. 8.16 Discuss instream flow restrictions and stream closures. 8.17 Update subsection 8.6 (Lack of Joint Facilities and System Interties). Prepare a GIS map showing existing and potential future interties. Identify which interties are normal supply and which are emergency interties. 8.18 Update subsection 8.7 (Water Conservation), including subsubsections, to include water use efficiency requirements. 8.19 Perform QA/QC review. Assumptions: Inclusion of Lummi Nation and Nooksack Tribe reservations will be non -controversial and will not result in protracted discussions or multiple iterations. Water right information will be obtained from water system plan water right self -assessment forms and water right documents. Subtask 8.7 will focus on a discussion of the problem and options and will not provide a recommended course of action or preferred alternative. It is assumed that WDOH has an updated list of groundwater sources determined to be potentially under the influence of surface water. Information on the Lynden-EDB pipeline will be obtained from Ecology. RH2 Deliverables: • Section 8 — Regional Resource Issues for WUCC review and comment. Task 9 - Plan Implementation Objective: Update Section 9 of the CWSP. 12 190 ORIGINAL A PAGE NO 0F, PAGES Approach: 9.1 Update Section 9 with changes regarding CWSP implementation that result from previous tasks. 9.2 Perform QA/QC review. RH2 Deliverables: • Section 9 — Plan Implementation for WUCC review and comment. Task 10 - Executive Summary Objective: Prepare an executive summary to describe the key elements of the CWSP. Approach: 10.1 Identify the purpose of the CWSP and summarize the key elements in the CWSP. 10.2 Perform QA/QC review. RH2 Deliverables: • Executive Summary chapter for WUCC review and comment. Task 11- Draft CWSP Completion and County Review Objective: Prepare a draft of the CWSP for final review and discussion with the WUCC. Approach: 11.1 Develop a cover format that includes the CWSP name and revision date, certificate of engineer, and acknowledgement letter. 11.2 Obtain a completed State Environmental Policy Act (SEPA) Checklist from the County for inclusion in the CWSP. 11.3 Assemble full draft CWSP, proofread and perform QA/QC review, then provide electronic copies of the draft CWSP document to the WUCC. 11.4 Meet with the WUCC to discuss the draft CWSP. 11.5 Prepare responses to comments and make revisions to the CWSP per WUCC comments. RH2 Deliverables: • Draft CWSP in electronic format. Task 12 - Final CWSP Binding and Submittal to WDOH Objective: Prepare a final draft of the CWSP and submit it to the Whatcom County Council and WDOH for review. Approach: 12.1 Prepare final report for adoption by the Whatcom County Council and WDOH. 12.2 Bind ten (10) copies of the CWSP in three-ring binders. 12.3 Create an electronic version of the CWSP. 12.4 Submit the final draft CWSP to WDOH for review and comment. RH2 Deliverables: • Ten (10) copies of the CWSP in three-ring binders. • One (1) camera-ready electronic version of the CWSP in Microsoft Word and one (1) in PDF. Task 13 - Meeting Facilitation and Public Involvement Objective: Organize, moderate, and document meetings of the WUCC and other public involvement activities associated with the CWSP update. 13 191 Approach: 13.1 Prepare for, facilitate, and follow-up on WUCC meetings including agenda preparation, meeting facilitation, recording of votes, and preparation of minutes and conduct up to two (2) additional WUCC subcommittee meetings if needed. 13.2 Prepare for, attend, and present at meetings of other planning groups, including the Joint Board and the Planning Unit. 13.3 Support WUCC in preparing for, conducting, and follow up to one (1) public informational meeting on the CWSP update. 13.4 Support County staff and Council in preparing for, conducting, and follow up to public hearing on the proposed CWSP document. 13.5 Prepare graphs, charts, maps, and other materials to communicate with various interest groups. 13.6 Respond to comments received from WUCC members, general public, and other stakeholders as a result of public meetings, review drafts, and public hearing. Assumptions: RH2 will convene a maximum of fourteen (14) WUCC meetings and six (6) subcommittee meetings. RH2 will participate in two (2) briefings at meetings with the Joint Board and Planning Unit (one (1) early to introduce the project, one (1) later to brief them on the proposed updated document for each group). RH2 will also provide support for one (1) public hearing by the Whatcom County Council. Meetings will be held in venues that are free of cost. RH2 will send out agendas electronically prior to the WUCC meetings and will prepare meeting minutes for those meetings. RH2 will only provide electronic copies of documents for review. RH2 Deliverables: • Meeting agendas and supporting documents. • Recording of votes. • Meeting minutes. • Process documentation. • Written responses to comments received. Project Schedule The goal of the CWSP update is to present the final draft CWSP to WDOH in approximately one (1) year (September 2015). However, if allowance of additional time is needed for additional cooperation and/or to produce a more defined product, up to a year and a half may be needed (early 2016). Note: At the completion of Tasks 1 through 13, the CWSP will be in a final format, ready for review by WDOH. The number of comments, number of meetings and amount of required CWSP modifications from the review by WDOH is difficult to predict. Therefore, RH2 will prepare a separate scope of work and fee estimate to address review comments, review meetings, and final CWSP modifications upon receipt of review comments, if needed. 14 192 ORIGI AA PAGE NO,f�014,10 PAGES EXHIBIT "B" (COMPENSATION) As consideration for the services provided pursuant to Exhibit A, "Scope of Work", the County agrees to compensate the contractor according to the hourly rates provided below. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed. Mileage at IRS rate, lodging and per diem at a rate not to exceed the GSA rate for location services are provided. Reimbursement for air travel will be at coach rates. Other expenditures not specified in the rate sheet below shall be reimbursed at actual cost. All sub -consultant services shall be billed at cost plus 15%. Contractor will invoice monthly. Invoices will include hours worked by employee by day together with tasks accomplished. Requests for reimbursement of expenses must be accompanied by copies of paid invoices itemizing costs incurred. Costs of alcoholic beverages are not eligible for reimbursement. Compensation shall not exceed $174,776. Any work performed prior to the effective date of this contract or continuing after the completion date of the same unless otherwise agreed upon in writing, will be at the contractor's expense. Description Total; : : ioiallatiOr Task 1 Update Glossary of Acronyms and Terms 1.1 Add to and update glossary, terms, and definitions„ 1.2 Perform QA/QC review 2$4 $ 29 Subtotal 6 $99 '27 15 193 0RIG33INAL PAGE NOI(I OF-:' ;PACES Task 5 Minimum Design Standards 5.1 Convene WUCC subcommittee to evaluate design standards 5.2 Meet with WUCC subcommittee, WCHD, PIDS, Fire Marshal 5.3 Add new discussion of the Water Use Efficiency Standards 5.4 Summarize the issues related to Lane vs. Seattle 5.5 Perform QA/QC review Subtotal Task 6 Utility Service Review Procedures 6.1 Review the existing procedures 'R 49 7 6.2 Obtain updated procedures from County 92 6.3 Update Exhibit 6-1 6.4 Perform QA/QC review Subtotal 194 16 ORIGINALI_,,_PAGE NO�hOF3'1% YAGES Task 9 Plan Implementation 9.1 Update to be consistent with other CWSP changes 9.2 Perform QA/QC review Subtotal Task 10 Executive Summary 10.1 Summarize the key elements of the CWSP 24,-,- A 143 10.2 Perform QA/QC review Subtotal -441Si 17 195 0Rl lraAL _____PP,GE NO mOF �.) PAGE Task 12 Final CWSP Binding and Submittal to WDOH 12.1 Prepare final report for adoption by Whatcomt1 Countv Council 12.2 Bind 10 copies of the final CWSP 12.3 Create electronic version of the final CWSP 12.4 Submit final CWSP to WDOH for review $ ", Subtotal 280 $ 40,680 $ 7,790 Ik#�Y�ili£'t71$iit T�SkS ;.- ��; 18 196 0R1G1NALA__.,_PAGE_ NO tOFAD PAGES } , Y Professional IX $209.00 Technician IV $135 00 Professional VIII $209.00 Technician III $12700 Professional VII $201.00 Technician II $95 00 Technician I $90 00 Professional VI $186.00 Professional V $177.00 Administrative V $12600 , Professional IV $167.00 Administrative IV $105 00 Administrative III $91 00 Professional III $157.00 Administrative II $7500 Professional II $147.00 Administrative I $63 00 Professional I $135.00 :z In-house copies (each) 8.5" X 11" $0.09 CAD Plots Large $25 00 In-house copies (each) 8.5" X 14" $0.14 CAD Plots Full Size $10 00 In-house copies (each) 11" X 17" $0.20 CAD Plots Half Size $2 50 r, In-house copies (color) (each) 8.5" X 11" $0.90 CAD System Per Hour $27 50 In-house copies (color) (each) 8.5" X 14" $1.20 GIS System Per Hour $27 50 In-house copies (color) (each) I 1 X 17" $2.00 Technology Charge 2.5% of Direct Labor Mileage Current IRS Rate v;,, „ .iiUTS��•SERVi�S ,..,. ; iuisi -duet, is Cir t fees �st#s, my date tepra Ices It± sta e, an d rnr t armed e r late l tra I e�5es that t c�ssaty I r i e�t�ta a tsf t t and> ire nab sVPc_ p ir% iced eisewher h the gri t iI sae urvcait vhcaaristltattt sexices eat hied at Est plusSo WE 197 Exhibit C ORIGINAL � �,-�r � NO '' OFF= PAG A`c,,oR'a® CERTIFICATE OF LIABILITY 5/20/20114 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sammamish Insurance, Inc. 704 228th Ave NE, PMB 373 Sammamish WA 98074 CONTACT Allen Fu itt CPCU NAME: g PHONE (425) 898-8780 FAX 425)836-2865 A/C No : ADDRESS:Allen Fugitt@msn.com INSURERS AFFORDING COVERAGE NAIC # INSURER A -.Hartford Casualty Ins. Co. 29424 INSURED RH2 ENGINEERING INC 22722 29TH DR SE STE 210 BOTHELL WA 98021 INSURER B :Sentinel Insurance Co. , Ltd 1000 INSURER C :Continental CasualtyCo an INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER-CL1452002405 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL UBR POLICY NUMBER EFF MM DDPOLICY/YYYY POLICY EXP MMfDD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X'. 52SBAN145475 /16/2013 /16/2014 EACH OCCURRENCE $ 2,000,000 DAMAGE ( RENTED PREMISESS Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS X 2UECRY3821 /16/2013 /16/2014 Ea accideDtSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ Medical payments $ 10,000 A UMBRELLA LIAR EXCESS LIAB N OCCUR CLAIMS -MADE x 52SBAN145475 /16/2013 /16/2014 EACH OCCURRENCE $ 2,000,000 X I AGGREGATE $ 2,000,000 AFC) I I RFTFNTION$ $ A )"01IN OSOMPPSOgplp( )MP( EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 2SBANM5475 /16/2013 /16/2014 WC STATU- % OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability Claims Made H004312321 /29/2014 /29/2015 Per Occurrence $3,000,000 Deductible $150, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Whatcom County is added as an additional insured. Whatcom County 322 North Commercial Street Suite 110 Bellingham, WA 98225 L711i1"RII[R 11N]il SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Fugitt CPCU/JONA AGURU Z5 (ZU1 UlU5) ©1988-2010 ACORD CORPORATION. All rights reserved. INIS075 nrnmnnm ni Th. errnan .­ 7 1 Innn ArtnDn 198 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-268 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 07/11 /14 <<- <<� irm,, i� �� c:. �c� t-1 r -., 1� C _, 07/22/14 Division Head: JUL 1 Dept. Head. Prosecutor: W -� M COUNTY COUNCIL Purchasing/Budget: 07/11 /14 Executive: 7 TITLE OF DO M T. Approval to Purchase Auto Parts ATTACHMENTS: Memos from Finance and Public Works SEPA review required ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase Auto Parts for the remainder of 2014 through August 2015 using the Washington State Contract #01809. The vendors are Auto Zone Stores, CarQuest Auto Parts (dba NAPA), Motion Auto Supply, and Seattle Automotive Distributing. Auto parts are purchased on an as needed basis and the total expenditure for auto parts could be up to $80,000.00. This is a regularly budgeted expenditure. 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: .co.whatcom.wa.us/council. 199 0M C® s� A WHATCOM COUNTY FINANCE/ACCOUNTING ADMINISTRATIVE SERVICES \ Whatcom County Courthouse io o 311 Grand Avenue, Suite #503 HI NG Bellingham WA 98225-4082 Brad Bennett, Finance Manager DATE: July 10, 2014 TO: Jack Louws, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase Fleet Vehicle Parts ■ Background & Purpose Public Works ER&R would like to use the Washington State Contract to purchase their annual supply of miscellaneous auto and truck parts. These items are used for the maintenance and repair of smaller county vehicles and equipment. The State Contract has been awarded to Auto Zone Stores, Car Quest Auto Parts, NAPA, Motion Auto Supply, and Seattle Automotive Distributing. The local vendors are; • NAPA - Bellingham Auto Parts (Bellingham), Bridgeview Auto Parts (Ferndale) • Car Quest Auto Parts - Hawley's Auto Parts (Ferndale), S&H Auto Parts (Lynden) • Seattle Automotive (Bellingham) Consideration will be given as to the availability, total cost and performance of the parts, and vendor location. Parts are purchased on an as needed basis and anticipated expenditures are $80,000.00 annually. ■ Funding This is a regular planned purchase and funds were approved in the 2014 ER&R budget. I concur with this request. Approved as recommended: County Executive Date of Council Action Administrative Services Finance Manager 200 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 THROUGH: Frank M. Abart, PW Director FROM: Eric L. Schlehuber, PW Equipment Services Manager , RE: Washington State Contract 01809 (Fleet Vehicle Parts, Just -In -Time) DATE: July 7, 2014 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed from the Washington State Bid Procurement List during the period of 2014 through August 9, 2015 (current state contract term is for the period of 08/10/2009 through 08/09/2015): MATERIAL STATE CONTRACT # EXPIRATION DATE APPROXIMATE ANNUAL EXPENDITURE Fleet Vehicle Parts, Just -In -Time 01809 August 9, 2015 $ 80,000.00 This state contract has been awarded to multiple vendors: Auto Zone Stores, CarQuest Auto Parts, Genuine Parts Co. dba NAPA, Motion Auto Supply, and Seattle Automotive Distributing. Historically we have used the following local vendors for: 1) Genuine Auto Parts Co. (DBA, NAPA) — Bellingham Auto Parts located in Bellingham and Bridgeview Auto in Ferndale; 2) CarQuest Auto Parts — Hawley's Auto Parts in Ferndale and S&H Auto Parts in Lynden; and 3) Seattle Automotive Distributing in Bellingham. Consideration will be given as to the availability of parts, total cost of the parts, performance of the parts, and the location of the vendor. ■ Background and Purpose The Equipment Services Division of the Public Works Department uses these materials regularly for annual maintenance on county vehicles and equipment. This agreement is for the purpose of providing automotive parts throughout the year to be used on county vehicles and equipment as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for automotive parts, which are used on an annual basis as needed and have been budgeted during the 2013-2014 Budget process in the Equipment Rental and Revolving Capital Equipment Fund. Expenditures for 2011 were $46,407, in 2012 were $64,622, and in 2013 were $50,730. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the July 22, 2014 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 201 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-253 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Gary Sto ka _ � �.� ��-> �� L- ((-. �, �Ca D 7/8/2014 Public Works/ Council Division Head: Gary Sto ka ,� ® �J 1 ��; �� h Dept. Head: Frank Abart Prosecutor: �' / / Dan Gibson s- W FI XVo- O M COUNTY Brad BeennetPurchasinglBudget: G' � � U N ,�qg L. Executive: /3 Jack Louws / 0 TITLE OF DOCU Resolution commencing the Coordinated Water System Plan update process. ATTACHMENTS: Cover Memorandum Resolution 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 staff is planning to update the Whatcom County Coordinated Water System Plan. The plan was last updated in 2000. The attached resolution calls for convening the Water Utility Coordinating Committee, sets the boundaries of the Critical Water Supply Service Area, and establishes a scope for the update. COMMITTEE ACTION. • COUNCIL ACTION.• 7/8/2014: Held in Committee for two weeks 7/8/2014: Held in Committee Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 202 WHATCOM COUNTY Gary S. Stoyka PUBLIC WORKS DEPARTMENT rP��" `" ��o Natural Resources Program Manager FRANK M. ABART ADMINISTRATION CIVIC CENTER ANNEX Director 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 �gsti�N�t°� Phone # (360) 676-6692 Fax # (360) 676-6863 www.comhatcomma.us TO: The Honorable Jack Louws, County Executive Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Director FROM: Gary S. Stoyka, Natural Resources Program Managerf IVY RE: Resolution Commencing the Coordinated Water System Plan Update Process DATE: June 13, 2014 Requested Action Enclosed is one original of a resolution to commence the Coordinated Water System Plan update process. Public Works staff requests that Council approve this resolution in order to start the update. Background and Purpose Public Works staff is initiating an update of the Whatcom County Coordinated Water System Plan (CWSP). The current plan was last updated in 2000. In accordance with RCW 70.116, the County will convene the Water Utility Coordinating Committee (WUCC) which will be responsible for the development of an updated plan. Whatcom County has contracted with RH2 Engineering, Inc. to facilitate the WUCC meetings and prepare the updated CWSP. Funding for the CWSP update is provided in the 2014 budget. As part of the update process, the following items need to be addressed: • Council must designate the boundaries of the Critical Water Supply Service Area. Staff recommends that the boundaries remain the same as they have been since 1991. • The WUCC needs to be convened. • The Council needs to designate a representative to serve on the WUCC. The attached resolution addresses these issues and also provides a scope for the update process. Please contact Gary Stoyka at extension 50618, if you have any questions or concerns regarding this resolution. Encl. 203 PROPOSED BY: SPONSORED BY: INTRODUCTION DATE: 7/8/2014 RESOLUTION NO. COMMENCING THE COORDINATED WATER SYSTEM PLAN UPDATE PROCESS WHEREAS, on November 13, 1990, Whatcom County adopted a resolution establishing Critical Water Supply Service Area boundaries to meet the requirements for developing a Coordinated Water System Plan (CWSP) under RCW 70.116; and WHEREAS, these boundaries were modified by resolution on July 9, 1991 and September 24, 1991 to generally include all lands west of the National Forest Boundary excluding certain portions of the Lummi and Nooksack Indian reservations; and WHEREAS, the first CWSP was developed in 1993; and WHEREAS, an update of the 1993 CWSP was prepared and adopted by the Whatcom County Council by resolution on May 2, 2000; and WHEREAS, the CWSP recommends that it be updated every five years to stay current; and WHEREAS, it has been over 14 years since the last update of the CWSP and much has changed regarding water systems and water issues in Whatcom County since the last update such that some provisions of the 2000 CWSP are now obsolete. NOW THEREFORE BE IT RESOLVED, that the Whatcom County Council does hereby call for updating of the Whatcom County Coordinated Water System Plan to address the following issues: 1. Water demand forecasting consistent with the 2016 update of the County's Comprehensive Plan 2. Minimum design standards for water systems including emergency interties and fire flow requirements 3. Service area boundary designations and identification of contested service areas 4. A review of the utility service review procedure 5. Satellite management agencies 6. Nitrate contamination issues 7. Relevant terms of the Lummi Peninsula groundwater settlement agreement 8. Incorporation of relevant provisions of the state Municipal Water Supply — Efficiency Requirements Act of 2003; and BE IT FURTHER RESOLVED, that the boundaries of the Critical Water Supply Service Area shall remain unchanged; and 204 BE IT FURTHER RESOLVED, that the Whatcom County Council hereby convenes the Whatcom County Water Utility Coordinating Committee (WUCC) to assist in developing an update to the CWSP. In accordance with RCW 70.116.040, Whatcom County shall invite representatives of all public water systems serving more than 50 customers to participate on the WUCC as voting members along with representatives of the Health Department, Planning and Development Services Department, and County Council. To get the broadest base of input, Whatcom County shall also invite representatives of all other public water systems in the county and representatives of Lummi Nation and the Nooksack Indian Tribe to participate on the WUCC as non -voting members; and BE IT FINALLY RESOLVED, that the Whatcom County Council shall select a councilmember to represent the entire County Council on the Water Utility Coordinating Committee. APPROVED this day of 12014. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown Davis, Clerk of the Council Carl Weimer, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecutor 205 From: Council Sent: Tuesday, July 15, 2014 8:22 AM To: Barbara Brenner; Barry Buchanan; Carl Weimer; Ken Mann; Pete Kremen; Rud Browne; Sam Crawford Cc: Dana Brown -Davis; Jill Nixon; Kristi Felbinger; Marina Engels; NaDean Hanson Subject: FW: Draft CWSP Resolution Attachments: CWSP Resolution_revisionl.doc; Guidelines for amendments to CWSP resolution 140715.doc -----Original Message ----- From: Skip Richards (mailto:cdl@catalyst-consulting.com] Sent: Tuesday, July 15, 2014 7:12 AM To: Gary Stoyka Cc: Greg Brown; Rud Browne; Dan Eisses; Steve Jilk (stevei@pudwhatcom.org); Jack Louws; Tyler Schroeder, Council; Skip Richards Subject: Re: Draft CWSP Resolution At the Public Works Committee meeting July 8, 1 offered to undertake a revision of the resolution re CWSP update, taking into account various issues raised by interested parties during the discussion. Attached please find my first iteration of the revised resolution, plus a document explaining the basis for the changes. Skip Richards On Tue, July 8, 2014 6:29 pm, Gary Stoyka wrote: > Attached is the draft CWSP resolution that was discussed today, for > your review and input. > Gary S. Stoyka, LHG > Natural Resources Program Manager > Whatcom County Public Works Department > 322 North Commercial Street, Suite 110 Bellingham, WA 98225 > (360) 676-6876 x50618 > astovka@co.Whatcom.wa.us<mailto:astovka@co.whatcom.wa.us> 206 PROPOSED BY: SPONSORED BY: INTRODUCTION DATE RESOLUTION NO. fI/0FIIl11i II COMMENCING THE COORDINATED WATER SYSTEM PLAN UPDATE PROCESS WHEREAS, on November 13, 1990, Whatcom County adopted a -resolution Resolution 1990-073 establishing Critical Water Supply Service Area boundaries to meet the requirements for developing a Coordinated Water System Plan (CWSP) under RCW 70.116; and WHEREAS the Critical Water Supply Service Area boundaries were reviewed by the Water Utility Coordinating Committee established by Resolution 1990-073; and WHEREAS, these boundaries were modified by r fWien an Resolution 1991-046 dated July 9, 1991 and Resolution 1991-046 dated September 24, 1991 to generally include all lands west of the National Forest Boundary excluding certain portions of the Lummi and Nooksack Indian reservations; and WHEREAS, the first CWSP was Health (DOH) due to concerns rai WHEREAS, an update of the 199 by resolution on May 2, 2000; and Plan 01 ber 2010' Jbiective 3o but was not appro on and unresolved lent Act; and and called for a CWSP u1 ter sup plerplan;" and A by state Department of itisiation over Whatcom by the Whatcom County Council w./ "to be used as WHEREAS, the CWSPan update eery five years to stay current notes periodic updates may be initiated by the Whatcom County Council, and recommends that the Water Utility Coordinating Committee establish standing subcommittees to address CWSP issues, and WHEREAS, it has been over 14 years since the last update of the CWSP and much has changed regarding water systems and water issues in Whatcom County since the last update such that some provisions of the 2000 CWSP are now might be obsolete. NOW THEREFORE BE IT RESOLVED, that the Whatcom County Council does hereby call for updating of the 2000 Whatcom County Coordinated Water System Plan to address the following issues: 207 1. Water demand forecasting consistent with the 2016 update of the County's Comprehensive Plan, including a comparison of actual use with the forecasts of the 2000 CWSP; 2. A review of Mminimum design standards for water systems including emergency interties and fire flow requirements; 3. A review of Sservice are boundary designations and identification of contested service areas; 4. A review of the utility service review procedure; 5. A review of policies re ag rding Ssatellite management agencies; 6. A review of water quality issues including, but not necessarily limited to, Nnitrate contamination issues; 7. Terms of the Lummi Peninsula groundwater settlement agreement; 8. Incorporation of provisions of the state Municipal Water Law of 2003 including_ water use efficiencv measures; 9. A review of pending litigation regarding Whatcom Count 's compliance with the state Growth Management Act; 10. A review of the Critical Water Supply Service Area designation and its boundaries; 11. Establishment of provisions to ensure continuity and follow through of any recommendation b3 the Water Utility Coordinating Committee established by this Resolution that would survive thi completion of the CWSP update; 12. Coordination including identification of and provision forspecific linkages, with other water resource management efforts. including but notnecessarily limited to the WRIA 1 Watershed and 13. A survev of water BE IT FURTHER RESOLVE County Water Utility Coordinati CWSP. In accordance with RC) public water systems serving me along with representatives of the and County Council. To get the representatives of all other publi and the Nooksack Indian Tribe t BE IT FINALLY RESOLVE represent the entire County Co APPROVED this ATTEST: such as Der capita water use and ►, that the Whatcom County Council hereby convenes the Whatcom ig Committee (WUCC) to assist in developing an update to the 170.116.040, Whatcom County shall invite representatives of all •e than,50 customers to participate on the WUCC as voting members Health Department, Planning and Development Services Department, )roadest base of input, Whatcom County shall also invite water systems in the County and representatives of Lummi Nation participate on the WUCC as non -voting members; and at the Whatcom County Council shall select a councilmember to on the Water Utility Coordinating Committee. day of , 2014. Dana Brown Davis, Clerk of the Council APPROVED AS TO FORM: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Civil Deputy Prosecutor 209 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-018 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: AL 07111114 07122114 COTW Exec Originator: i � C V� IG BCD Session _ Division Head: JUL 15, 2014 Dept. Head: WHAI'COM COUNTY Prosecutor: COUNCIL Purchasin /Bud et: Executive: '� T TITLE OF DOCU NT: equest Executive Session discussion of potential property acquisitions. ATTACHMENTS: SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) Requested Date: NO SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The County Executive requests an Executive Session to discuss potential park 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. 210 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the WhatcomCounty Council. WHATCOM COUNTY COUNCIL Special Committee of the Whole June 17, 2014 CALL TO ORDER Council Chair Carl Weimer called the meeting to order at 1:36 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL (1:37:06 PM) Present: Barbara Brenner, Sam Crawford, Ken Mann, Carl Weimer, Pete Kremen, Rud Browne and Barry Buchanan. Absent: None. COMMITTEE DISCUSSION 1. DISCUSSION OF COUNCIL OFFICE 2015-2016 BUDGET PRIORITIES (AB2014-205A) Dana Brown -Davis, Clerk of the Council, described the budget timeline for the Council Office and asked which additional service requests (ASRs) the Council is interested in putting forward. Weimer stated the County Executive asked the Council to have a discussion about their budgeted travel money sooner rather than later. Crawford moved to approve a travel budget for each year equivalent to $3,000 per councilmember, for a total of $21,000, to be put into a general pot within the Council budget that councilmembers can use with the approval of the Council majority or Council Chair. There are opportunities councilmembers have missed. He would like to not have to negotiate monies. They must invest in councilmembers' abilities to get education, participate in state and federal legislative processes, and associate more frequently with other elected officials who face similar problems. This county is growing. They must be able to interact with peers. The taxpayers of Whatcom County will receive a return on this investment in the form of grant revenue received from their efforts. Brenner stated it's not the councilmembers' job to rub elbows. They have an opportunity to connect through email, telephone, and video. They must focus on the budget. If necessary, they can hire another grant writer. This is more than they've ever done for the Council. She's willing to give up her travel money to other councilmembers. Increasing the amount per councilmember doesn't set a good example for the rest of the County departments. Special Committee of the Whole, 6/17/2014, Page 1 211 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 WhatcomCounty Council. 1 Kremen stated he agrees with Councilmember Crawford. He recently returned from 2 a trip to Washington, D.C. during which he networked with White House officials and 3 discussed the continual cutting of the Women, Infant, and Children (WIC) program. He 4 brought that issue to the attention of the federal government because he was there and 5 because the First Lady advocates for early childhood learning. Opportunities like that will be 6 missed if they don't engage in and participate at the State and federal level. The amount 7 suggested is more than they've ever had before, but it's less than they've paid for lobbying 8 efforts in partnership with the Port and City of Bellingham, which hasn't resulted in much 9 benefit to the County. He plans to attend similar conferences around the country to foster 10 similar efforts. 11 12 The training done by the Sheriff's Office and Health Department, which have 13 significant travel and education budgets, can just as easily be done by video. The Council 14 cannot network, lobby for grants, and shape public policy without being face-to-face with 15 others. One issue discussed at the White House and with Treasury Department officials had 16 to do with the loss of sales tax to all counties throughout the country because of internet 17 sales. They're trying to get the administration and Congress to develop policy that will 18 enable them to recapture lost revenues that they once relied upon. 19 20 Crawford stated his motion isn't to pay people to travel, but to have a fund to 21 reimburse travel expenses, which are set with allowed amounts to be spent, regulated by 22 State and federal law. This is only for expense reimbursement, not to allow any 23 councilmember to benefit financially. The councilmembers receive a minimal base salary to 24 serve on the Council. Anything councilmembers choose to do on behalf of the County is 25 done out-of-pocket unless there is a reimbursement mechanism. 26 27 (1:52:25 PM) 28 29 Brenner stated she doesn't mind if the Council has a fund for travel reimbursement 30 when the Council votes to approve the expense reimbursement, and then gets rid of the 31 lobbyist. 32 33 Browne stated that in the private sector, a group with this decision -making authority 34 would have a significantly higher travel and education budget. They have a responsibility to 35 the citizens to seek the best available education before making decisions. He supports the 36 motion. 37 38 Weimer stated he also supports an increased travel budget, but only if there is a 39 direct benefit to Whatcom County. He's been to a number of National Association of 40 Counties (NACO) conferences, and not much was worthwhile. If they spend more money on 41 travel, think about how that goes forward. They must be more involved at the State level 42 with the Washington State Association of Counties (WSAC). He asked if this $21,000 43 includes the budget amount for staff travel and education. 44 45 Crawford stated it does. Brown -Davis stated each councilmember has a travel 46 account of $500. There is a $6,000 line item that everyone can draw from. She asked if 47 the $21,000 will be divided and go into individual councilmember accounts or combined into 48 the joint line item. 49 Special Committee of the Whole, 6/17/2014, Page 2 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the WhatcomCounty Council. Kremen asked the current total. Brown -Davis stated there is an additional line item for registration and tuition in the amount of $1,000. She asked if those expenditures would come out of the proposed $21,000 or left in a separate line item. The line item for joint travel account is called Travel/Other. Crawford amended his motion and moved to increase the Travel/Other line item per year for a total of $21,000 for each year. There hasn't been a formal process for approving reimbursement. They've all just been conscious of the limits and have traded each other's budgets. He prefers one pot of money. Kremen stated County councilmembers historically were not willing to be involved in training and other efforts. Government is more complex than in the past. Although this is a part-time job, councilmembers should make an effort to be more informed and involved at the State and federal levels and choose their niche so they have a well-rounded, informed legislative body. Weimer suggested a friendly amendment that the budget be $2,000 per councilmember that can be reimbursed without Council approval in each councilmember travel account, and put the other $7,000 available in joint travel line item that can be used upon request and that staff can use for their training and travel needs. Crawford accepted the friendly amendment. This is an expense reimbursement program that must be done with the standard forms and procedures. Brenner stated she doesn't support $2,000 per councilmember. Browne called the question. Crawford restated the motion to budget $2,000 per councilmember that can be reimbursed without Council approval in each councilmember travel account, and put the other $7,000 available in joint travel line item that can be used upon request and that staff can use for their training and travel needs. The motion carried by the following vote: Ayes: Crawford, Mann, Weimer, Kremen, Browne and Buchanan (6) Nays: Brenner (1) Brown -Davis asked what the Council wants to do about the line item amount for registration and tuition. Kremen stated two councilmembers should go to the legislative conference in Washington D.C., which is about $550 for each registration. The line item would also pay for staff registrations. The current amount is obsolete, low, and should be increased. Crawford moved to amend the budget line item in the Council budget from $1,000 to $3,000 per year for all registration and tuitions for councilmembers and staff. He has not used one cent of reimbursement during his time in the Council Office, but they must realistically look at expense reimbursement. Special Committee of the Whole, 6/17/2014, Page 3 213 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 WhatcomCounty Council. 1 Brenner stated it's important that staff be able to attend training and conferences 2 whenever needed. She won't use the money in her account and is willing to give it to 3 others. Putting it in everyone's line item isn't the best way to spend the same amount of 4 money. Don't limit how much the staff can spend on tuition. 5 6 Weimer stated there is already a $1,000 limit, and they're raising it to $3,000. 7 8 The motion carried by the following vote: 9 Ayes: Brenner, Crawford, Mann, Weimer, Kremen, Browne and Buchanan (7) 10 Nays: None(0) 11 12 Brown -Davis stated another potential ASR is for funding the Charter Review 13 Commission in the amount of approximately $10,000 to $15,000. 14 15 Crawford asked what the Council spent for the Commission in 2005. Brown -Davis 16 stated the cost covers staff support for the Commission. They budgeted $10,760 and spent 17 $5,300 in 2005. 18 19 Brenner stated she doesn't mind padding that account because the Charter Review 20 Commission needs whatever funding is necessary to operate because it's mandatory. 21 Brown -Davis stated the Commission will be busy this time. 22 23 Weimer moved to create an ASR for $15,000 to pay for the Charter Review 24 Commission. 25 26 The motion carried by the following vote: 27 Ayes: Brenner, Crawford, Mann, Weimer, Kremen, Browne and Buchanan (7) 28 Nays: None(0) 29 30 Mann stated he supports all four ideas proposed in Ms. Brown-Davis's email. That 31 includes a full-time Council staff person in a policy analyst position to help with important 32 policy issues. He also supports outsourcing someone to host and live stream Council 33 meetings in a way that is searchable and can be done online. 34 35 Brown -Davis stated the County's Information Technology (IT) Division and Facilities 36 are exploring the option to live stream Council meetings. 37 38 Mann stated they should have that discussion with IT staff. It's not expensive for 39 someone else to host the full video streaming service. Make sure someone in the County 40 budgets for it. Brown -Davis stated she will have a conversation with IT staff and Facilities 41 staff. If they aren't looking at it, she will research it and put something in the Council's 42 budget. 43 44 Mann stated create an ASR for the Council and Hearing Examiner for staff time spent 45 on the Gateway Pacific Terminal (GPT) project. Have a second dedicated hearing examiner 46 from a port city that's dealt with huge projects like this. The Council staff is also spending a 47 lot of time on GPT. Consider having some level of staff support dedicated to GPT. 48 49 Weimer asked what year they would need to budget for a hearing examiner. The 50 current Hearing Examiner is interested in doing the GPT hearings if the Council contracts out Special Committee of the Whole, 6/17/2014, Page 4 214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the WhatcomCounty Council. his current work. He knows the County's code and the way things work. The Council could outsource the normal hearing examiner issues while Hearing Examiner Bobbink works on GPT. Brenner stated GPT is supposed to pay for those expenses. Mann stated he believes that's correct, but just make sure the Council Office doesn't end up with an expensive bill with no way to get reimbursed. Brown -Davis stated they must have money to pay for the service prior to getting reimbursed. Tyler Schroeder, Executive's Office, stated the Council can amend the unified fee schedule (UFS) for a specific charge on a per hour basis for the hearing examiner. The City of Ferndale has a deposit for the hearing examiner services for a certain number of hours, and then charges per hour over that amount. If they amend the 2015 Unified Fee Schedule, those fees will be in place in time for the Council to make a decision on the GPT project or any other larger projects that take a lot of time. He recommends that they update the current contract to ensure that it covers reimbursement for time spent by the Hearing Examiner. Kremen stated he prefers to amend the contract than amend the UFS. Brenner stated she agrees. She asked if GPT pays up front. Schroeder described how the fees are recovered from GPT and the escrow account used for CH2MHill's cost to do the environmental impact statement (EIS). Mann stated he's not interested in how reimbursement would work. Just make sure the Council Office and Hearing Examiner staff are tracking their hours and are reimbursed. He asked if Council staff can keep track of their hours. Jack Louws, County Executive, stated it's a policy decision. He doesn't bill his time specifically to the GPT project. The Hearing Examiner is a judge for the County. There is now a specified fee schedule attached to it. The safest process for making sure the hearing examiner service, staff, and use of the facilities are covered on this or any future project is to charge a fee for up to a specific amount of time for hearings in the fee schedule, and include a way to charge extra for any overages. Mann asked who would initiate that change to the UFS. Brown -Davis stated the Council Office would request that change to the Council portion of the UFS. Louws stated that if that request comes through, he can review it and approve it on an interim basis before going through the budget process. Crawford stated he prefers they amend the contract, not the UFS. The fee for the hearing examiner has been the topic of great debate among the councilmembers for many years. He believes the finer points of Whatcom County land use laws can be interpreted differently. There are many instances in which a property owner feels that the staff's interpretation is incorrect. Going before the hearing examiner is the only time when an applicant is on a level playing field. The staff and the applicant are equals before the hearing examiner. He's argued in the past that they should have minimal or no fee for the hearing examiner. The GPT project is unique. The County has a contract relationship in Special Committee of the Whole, 6/17/2014, Page 5 215 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 WhatcomCounty Council. 1 which the County reserves the right to alter the contract and address the costs there. Don't 2 open the discussion about hearing examiner fees again. The hearing examiner fee covers 3 the cost for Planning Department staff, not the Council. Brown -Davis stated the Council 4 Office charges a $300 fee when the Hearing Examiner decision is appealed to the Council. 5 6 Louws stated they can put the expense reimbursement costs on major development 7 applications only, and leave everything else the way it is. That would get to those huge 8 projects with associated costs. 9 10 Crawford stated that would resolve his concern. 11 12 (2:28:46 PM) 13 14 Kremen stated he is concerned about separating the costs for the Hearing Examiner 15 and other expenses. It's cleaner to have one individual hearing examiner who works solely 16 on the GPT issue instead of having to compute various staff hours. It seems very 17 cumbersome, awkward, and inefficient. It would be easier to administer. 18 19 Brenner stated she agrees with keeping a GPT hearing examiner separate and 20 isolated. 21 22 Mann stated he's talking about charging a flat rate until they go over some threshold 23 when an hourly rate would apply. That would also protect the little guy. 24 25 Weimer stated he prefers making a unified fee schedule change to major 26 development permits only instead of amending the contract. Hiring a hearing examiner 27 would be costly because of the hiring process. They don't know what other costs are 28 coming forward. He asked if the request for proposal (RFP) process for hiring a hearing 29 examiner or renting Bellingham High School for public hearings could be charged in the 30 contract. Louws stated a major development applicant would reimburse the County for all 31 costs associated with the major development application, including hearing examiner time, 32 staff time, and facility rental. Make that fee and reimbursement policy solid enough to 33 encompass labor and overhead. They need to account for the cost in the 2015-2016 34 budget, regardless of who the hearing examiner will be. 35 36 Brenner stated she feels strongly about not commingling hearing examiner and other 37 services. Maintain a separation. 38 39 Crawford moved to request that the Executive have staff prepare a UFS for 2015- 40 2016 with a base rate plus hourly rate for hearing examiner hearings on major project 41 permits, in addition to the regular hearing examiner fee. 42 43 Brenner asked if councilmembers are interested in having another hearing examiner 44 just for the GPT project. 45 46 Crawford stated he is not. Mr. Bobbink is extremely competent and has been an 47 excellent hearing examiner. He's prepared to take this on. When it comes to understanding 48 local code and its history, Mr. Bobbink will be a great asset in this controversial process. He 49 would dread the process of hiring another hearing examiner just for GPT. The public will 50 interpret any hiring decision as being political. Keep away from that option. If the Hearing Special Committee of the Whole, 6/17/2014, Page 6 216 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the WhatcomCounty Council. Examiner feels like he doesn't have enough hours to deal with everything, he can ask to shift the workload. Brenner stated any hearing examiner has to be a Washington State attorney. She has faith that other attorneys can do this work. It would be less controversial. Weimer stated the Hearing Examiner could bring in a hearing examiner pro tempore to fill in for the normal hearing examiner duties while he works on the GPT project if necessary. Kremen stated that would also be a political and problematic process to leave it up to the Hearing Examiner, who has expressed a specific desire that he wants to deal with all the issues relating to Gateway Pacific project. It's cleaner and less problematic to bring in a separate hearing examiner. The Council is treating this issue differently from any other issue the Council has ever dealt with. Weimer stated they don't need to make that decision today. The Council can have a conversation with the Hearing Examiner specifically. Mr. Bobbink never expressed to him a desire to take on the GPT project. Brown -Davis stated Mr. Bobbink didn't come to her and the Council Chair because he wants to do the GPT project. She and the Council Chair went to Mr. Bobbink to ask him if he would take on the project, if that's the way things went. Mr. Bobbink told her he would reluctantly take on the project because it would be the fairest way to travel through the process. Mr. Bobbink has not come to the Council asking for the project. Browne asked if the Hearing Examiner indicated how his workload would change and if he would need assistance. Weimer stated the Hearing Examiner indicated that he would need assistance because the hearing would go on for days. Also, he has to read through all the material submitted. The motion carried by the following vote: Ayes: Brenner, Crawford, Mann, Weimer, Kremen, Browne and Buchanan (7) Nays: None (0) Mann moved to hire a full time staff person as a legislative analyst with legal and/or land use expertise for the Council who works at the Council's direction, in the amount of approximately $85,000. Brenner stated make sure they hire a person who also understands budget issues. Kremen stated he supports one legislative analyst who can provide the Council with expertise in issues regarding policy, land use, and the budget. Buchanan asked if the budgeted amount of $85,000 is for salary and benefits. Brown -Davis stated it is, in addition to any supplies and furniture that person would need. Special Committee of the Whole, 6/17/2014, Page 7 217 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 WhatcomCounty Council. 1 Browne stated he's concerned about how a legislative analyst's time would be 2 allocated. Brown -Davis stated the person's duties have to be approved by a super -majority 3 of the Council. 4 5 Browne stated another option is to split the legislative analyst's time equally among 6 all councilmembers, so the person isn't pulled in different directions by individual 7 councilmembers. 8 9 Kremen stated Council staff aren't pulled in different directions by councilmembers. 10 They all can work together peacefully. 11 12 Crawford stated the Clerk of the Council is accountable to the Council Chair, and the 13 Council staff are accountable to the Clerk, not to all the councilmembers. The last time the 14 Council had a person in this position, councilmembers may have met with her but didn't 15 give her direction. Duties were assigned during Committee of the Whole meetings and five 16 votes were necessary. 17 18 He is opposed to the motion. The Council has tried this two times in the past 19 decades. In both cases, the legislative analyst went away, but the position was not 20 replaced. The information the legislative analyst provided was not critical. The Council 21 operates fine. Continue to work with the administration under the direction of the County 22 Executive. Build those relationships of collaboration, policy direction, and resource 23 allocation. 24 25 The most recent person in the Council's legislative analyst position collaborated with 26 the Planning Director to support and promote decisions that the Council didn't agree with 27 and eventually left without notice when the Council changed. Given the nature of what the 28 Council does, it will be tough for this person to keep objective and move in different 29 directions when the will of the Council changes. He asked what a legislative analyst would 30 do. 31 32 Mann stated the legislative analyst would provide more in-depth analysis and support 33 on certain proposed issues, such as slaughterhouses and windmills. Many Planning staff 34 have left the Planning Department. The Council does not have direct control over who is 35 hired or assigned to a particular issue. If the Council wants good, independent, professional 36 support, the legislative analyst should be in the Council's control. If the Council super- 37 majority chooses the workload and the Chair is the point of communication, it can work. 38 The legislative analyst can go through the science behind each issue to determine which are 39 valid and peer -reviewed, for example. This person would not be hired to help the Council 40 achieve a foregone conclusion on any particular issue. The legislative analyst would help 41 the Council wade through competing evidence for complex issues, provide information, and 42 write a report on his or her findings. He could use more professional level analysis beyond 43 what they get from the Planning Department. 44 45 Weimer stated this type of legislative analyst would be able to research issues and 46 provide information that Planning staff may not have time to provide for councilmembers. 47 48 Browne stated that requiring a super -majority to allocate the legislative analyst's 49 duties won't work. Divide the person's time equally and allocate to each councilmember. Special Committee of the Whole, 6/17/2014, Page 8 218 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the WhatcomCounty Council. He may want the legislative analyst to do research and answer questions on a particular topic that may be outside the normal process. Brenner stated it would be extremely inefficient to divide a legislative analyst's time seven ways. The position will be political no matter what. She will support the motion, but the position is political. The Council needs a legislative analyst because the Council serves a check -and -balance function to the administration. The Council and Executive aren't a team. The analyst position is very important. The importance of the legislative analyst supersedes the potential for politics. Kremen stated it won't be a problem for councilmembers to get information from the legislative analyst. They work well with the Clerk and the rest of the staff. The Council only works on one or two critical and controversial issues at a time. The Council would be served well by having a legislative analyst so councilmembers can be more informed, make better decisions, and work in tandem with the administration. Louws stated he would like to work with the Council Chair and Clerk to fully understand the relationship a legislative analyst would have with the administration. The administration does everything it can right now to provide information on everything that is going on to all seven councilmembers. Some councilmembers are much more involved than others. He asked if a legislative analyst would be an eighth person who engages the administration in addition to what goes on now or a conduit for councilmembers to engage the administration. The thought processes surrounding the idea of hiring a legislative analyst must be refined further before he supports it through the budget. At this time, it's his budget and he will move it forward. The Council can then make changes. Right now, he needs to know how this person would work. The administration is available to provide as much information to the Council as it can. All the staff believe the information they provide is reliable. They want to continue to do that for the Council. If the Council's workload justifies hiring a full-time legislative analyst to work on behalf of the Council, they will move forward. Refine the details of how the position will function to be successful. The motion carried by the following vote: Ayes: Brenner, Mann, Weimer, Kremen and Buchanan (5) Nays: Crawford and Browne (2) Brenner stated the administrative staff are wonderful, but the Council must operate only as a check -and -balance. It's not personal. Weimer stated the Council staff can talk to the Executive's staff about the most appropriate way for GPT project staff time reimbursement to happen. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 3:03 p.m. Special Committee of the Whole, 6/17/2014, Page 9 219 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 WhatcomCounty Council. The Council approved these minutes on , 2014. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Carl Weimer, Council Chair 220 Special Committee of the Whole, 6/17/2014, Page 10 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-256 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. Erin E. Osborn I �j� 0 B� �� ; i ,� _ July 8, 2014 Introduction Division Head Mark Personius /„ 5 ` L'� July 22, 2014 Council/Hearing Dept. Head:� J. E. "Sam " Ryan Vk J IJ IL, 2014 V Prosecutor: Royce Buckingham ` � ��' � � It�r�.. OCOUNTY COUNCIL Purchasing/Budget: Executive: Jack Louws 3 TITLE OF DOCUMENT: Ordinance amending the Official Whatcom County Zoning Ordinance, Title 20, Chapter 20.13 — Wireless Communications Facilities to reorganize and streamline administration of the chapter, add a new section on permitted uses, add new definitions; and also amend Title 20, Chapter 20.97— Definitions. ATTACHMENTS: (1) Cover Memo to County Executive and County Council (2) Draft Ordinance & Exhibit "A" (3) Whatcom County Planning Commission Findings of Fact and Reasons for Action, Conclusions, & Recommendation (4) Planning Commission Draft Minutes from May 22, 2014 and June 12, 2014 (5) Staff Report & Memos (on file at the Council Office) (6) Public Comment (on file at the Council Office) SEPA review required? (X) Yes ( ) NO Should Clerk schedule a hearing? ( X) Yes ( ) NO SEPA review completed? (X) Yes ( ) NO Requested Date: July 22, 2014 Note: Based on public input, staff suggests that the County Council hold a public hearing on the proposal; note also, that the Council must hold a hearing ifthey want to change the Planning Commission's recommendation [WCC 20.90.051(iv)]. SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: The proposal is to amend Whatcom County Code, Title 20, Chapter 20.13 — "Wireless Communications Facilities" and Chapter 20.97 — Definitions to streamline permit processing for routine wireless communication equipment upgrades. Proposed changes to the wireless code chapter include new definitions and clarification of terms for ease of administration, adding a new section on "permitted uses " to allow routine antenna upgrades and replacement construction on existing, approved and conforming sites as a permitted use instead of as an administrative approval use; reorganization of the Chapter into a format that is more consistent with the format used in most chapters of Title 20; and deleting definitions in Chapter 20.97 that pertain to wireless communication facilities to avoid duplication in the title and maintain consistency with the wireless code chapter as amended. COUNCIL ACTION: 7/8/2014: Introduced 7-0 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2014-0001 OISEP2014-00021 ZZI WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TY 800-833-6384 360-738-2525 Fax �GCM CO` P y ING�Os' MEMORANDUM J.E. "Sam" Ryan REtor CE VED JU,N 2 6 20014 JACK LOUWs COUNTY EXECUTIVE TO: Honorable Jack Louws, Whatcom County Executive, & Honorable Members of the Whatcom County Council FROM: Erin Osborn, Planner THROUGH: Mark Personius, Long Range Planning Manager DATE: June 25, 2014 SUBJECT: Wireless Communication Code Amendments (PLN2014-00010) The attached packet contains recommendations from the Whatcom County Planning Commission on a proposal to amend Whatcom County Code, Title 20, Chapter 20.13 - "Wireless Communications Facilities", as shown in the attached Exhibit "A", in both 'clean' and strike -through' versions. Generally, the proposal is to streamline the permit process for routine equipment upgrades, and new antenna construction on existing, approved and conforming wireless communication service sites. Definitions are amended to clarify terms, and new ones added, for increased transparency and ease of administration; the chapter is reorganized into a format that more closely resembles the format used in most chapters of the County's zoning code, i.e. putting specific uses that are now found in sections on "additional standards" into their own individual sections according to type of use, such as: administrative uses, conditional uses, non- conforming uses, and prohibited uses. Note: The strike -through version of Exhibit "A" in your packet notes the original location of uses that have been 'moved During the last 5 years, PDS has issued approximately 44 WCF Permits for routine upgrades and collocation on existing sites. Staff has noticed that although many of the applications required public notice, based on lack of public comment and absence of objection to projects on existing sites, staff finds that the public is generally not concerned about routine upgrades or new antenna construction on existing sites. Existing code requires a special use permit even for routine upgrades, i.e. collocations or replacement antennas on existing sites. Adding a new permitted use section, (as proposed) would allow routine antenna upgrades, replacement construction, and new antennas or new antenna arrays to be constructed on existing, approved and conforming sites as a permitted use, (instead of having to get an administrative approval use permit, subject to public notice), but still subject to the requirement of a commercial building permit and corresponding zoning review for conformance with the chapter. 222 Recent changes to the State Environmental Policy Act (SEPA) have expanded categorical exemptions that apply to modifications of existing wireless communication facilities. Under existing code, wireless communication facility improvement projects that are exempt from SEPA are also exempt from public notice. Proposed changes to existing code factor in changes to SEPA and its rules, and are reflected in the proposal to allow routine equipment upgrades, and replacement construction on existing sites as a permitted use when such proposals don't substantially change the physical dimensions of such facilities. Key to successful application of new SEPA categorical exemptions is language in SEPA that defines "substantial change to the physical dimensions". The proposal before you to approve a new permitted use section would allow replacement construction and new antenna construction (collocation) on existing sites, only when such modifications to existing, approved, and conforming sites do not result in a substantial change to the physical dimensions of existing sites. The proposal also incorporates the definition from SEPA for "substantial change". As noted in my introductory comments, a number of definitions have been proposed and terms have been clarified for ease of chapter administration. New definitions are proposed to more clearly explain what is meant by "wireless communication facilities", and new definitions are proposed to distinguish "free standing wireless communication facilities", from "attached wireless communication facilities", and to clarify what is meant by "collocation". New language is also proposed that gives a provider an opportunity to weigh in on the selection of an expert, should the County require "third party" review. The Planning Commission held two public hearings on the proposal, and the proposal has gone through a number of drafts. During the two hearings held on the application, there was discussion on the subject of performance bonds (required under existing code to cover costs incurred by the county should the county find it necessary to remove a facility if one was ever to be abandoned). Commissioners voted to recommend that the County Council docket a future application proposal to review and update these provisions. Wireless service industry representatives for AT&T (Bush Law Firm) have been involved in providing input to staff and the Planning Commission on the subject amendments. They have expressed a desire to further comment on the proposal to the County Council, and staff suggests that Council hold a hearing on the proposal. I look forward to presenting an overview of the subject proposal and answering questions at your July 22, 2014 Public Hearing. Please contact me if you have any questions. Thank you. 2 223 SPONSORED BY: Whatcom County PROPOSED BY: Planning INTRODUCTION DATE: July 8, 2014 ORDINANCE # ADOPTING AMENDMENTS TO THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20: CHAPTER 20.13 - "WIRELESS COMMUNICATIONS FACILITIES" TO STREAMLINE PERMIT PROCESSING ON ROUTINE WIRELESS COMMUNICATION EQUIPMENT UPGRADES ON EXISTING, APPROVED, AND CONFORMING SITES: ADDING A NEW SECTION ON PERMITTED USES, ADDING NEW DEFINITIONS TO CLARIFY TERMS FOR EASE OF ADMINISTRATION, REORGANIZATION OF THE CHAPTER TO BETTER MATCH THE ORGANIZATION OF OTHER TITLE 20 CHAPTERS; AND ALSO AMENDING CHAPTER 20.97 - DEFINITIONS WHEREAS, Whatcom County Comprehensive Plan Goals and Policies emphasize the importance of refining the regulatory system, streamlining development regulations and eliminating unnecessary delays in routine permitting, and support the development and use of new technologies; and WHEREAS, Whatcom County Code that regulates establishment of new wireless communication facilities was originally adopted fourteen years ago under Whatcom County Ord. 2000-006; and WHEREAS, Since adoption of the County's wireless communication facility code, wireless service technologies have advanced, especially in recent years. Increased customer demand for wireless service especially'data', requires that providers routinely update their equipment and replace antennas to make use of the latest technologies; and WHEREAS, Under existing code, project proponents when collocating or replacing equipment and structures on existing sites are required to obtain an administrative approval use permit which requires a public comment period in addition to a commercial building permit; staff has noted that public comment on these types of proposals is infrequent, and opposition to upgrades on existing, approved, conforming sites is very rare; and WHEREAS, Representatives of the wireless communication services industry have submitted verbal and written comments requesting that Whatcom County update its wireless code. Comments received indicates that both the wireless services industry and wireless service customers in the county would benefit from a more streamlined, efficient permit process for routine equipment upgrades on existing sites; and WHEREAS, Whatcom County Planning and Development Services submitted an application to amend the Official Whatcom County Zoning Ordinance, Title 20, Chapter 20.13 - "Wireless Communications Facilities" and placed this item on the docket which was affirmed by the Whatcom County Council under Whatcom County Res. 2014-012; and WHEREAS, Legal notice and County Public Participation requirements have been met; and 224 WHEREAS, The proposed amendments have been reviewed for conformance with zoning text amendment approval criteria established in Whatcom County Code, Chapter 20.90.050; and WHEREAS, The Whatcom County Planning Commission held two public hearings on the subject amendments, and after considering staff recommendations and input from the public, they voted to recommend that the Whatcom County Council adopt amendments to the text of Whatcom County Code, Title 20 as shown in the attached Exhibit "A". WHEREAS, The County Council has adopted the following Findings of Fact: FINDINGS OF FACT 1. The purpose of the proposal to amend Whatcom County Code, Title 20, Chapter 20.13 "Wireless Communications Facilities" is to streamline permit processing for routine wireless communication equipment upgrades on existing, approved, and conforming sites. Existing code requires a special use permit even for routine upgrades. The proposal adding a new permitted use section would allow routine antenna upgrades, replacement construction, and new antennas or new antenna arrays on existing, approved and conforming sites as a permitted use subject to the requirement of a commercial building permit, and subject to all applicable local, state, and federal laws and regulations. The proposal also amends definitions and clarifies existing terms to promote ease of administration and increase transparency, and includes a reorganization of the chapter into a format that more closely resembles the format used in most chapters of the County's zoning code. Types of uses found in sections on "additional standards" have been moved into their own individual sections according to type of use, such as administrative uses, conditional uses, non- conforming uses, and prohibited uses. 2. The proposed amendments have been drafted in response to staff recommendations, public comment, and recommendations by the Planning Commission. The amendments as proposed may provide increased flexibility in siting wireless service facilities, streamline application review, avoid duplicative review, and provide greater permit efficiencies that may assist wireless service providers to more successfully implement new technologies and better serve wireless customers in Whatcom County. 3. On February 25, 2014, the Whatcom County Council initiated the subject amendment to the official 2014 "Docket" under Res. 2014-012. 4. On March 31, 2014 a "60 Day Notice of Intent to Adopt Amendment" was submitted to the Washington State Department of Commerce via email in regards to the subject amendments. On April 7, 2014 Washington State Department of Commerce replied to confirm that the County had fulfilled this requirement, and that the 60 Day Notice was filed for reference under Material ID 20154. On May 14, 2014, a supplement to the 60-Day Notice was sent by email to provide Department of Commerce with the most recent proposal on that date. 2 225 5. The Whatcom County Designated SEPA Official (lead agency) reviewed the proposed amendments to the Wireless Communications Facilities Chapter, and on April 2, 2014 made a determination that no probable significant adverse impacts to the environment would be likely to occur as a result of adopting the proposed amendments. This decision was made after a review of the completed SEPA Environmental Checklist on file with the lead agency, referenced under File No. SEP2014-00021. A 14 day comment period ending on April 16, 2014 was established for the DNS; one comment was received from the City of Bellingham, which indicated general support for the proposal. At the conclusion of the comment period, a 10 day appeal period was established, and no appeals to the determination, a DNS, were filed. 6. Notice of the Planning Commission hearing scheduled for May 22, 2014, and notice that the proposal had been posted on the County website was sent to citizen, media, cities and other groups on the County's e-mail list on May 13, 2014. 7. Notice of the Planning Commission hearing scheduled for May 22, 2014 was sent to the Lummi Indian Business Council, Historic Preservation Office on May 13, 2014. 8. Notice of the Planning Commission hearing scheduled for May 22, 2014 was published in the Bellingham Herald on May 9, 2014. 9. A number of public comments were received from the wireless communication services industry, and these comments were posted to the Planning Commission website, as they were received. The substance of these comments generally supported the County's intent to streamline wireless communication facility permit processing on existing, approved, and conforming sites. General and specific suggestions were given on what kind of changes would benefit the wireless communications service industry. 10.The Planning Commission held a scheduled public hearing on the subject proposed amendments on May 22, 2014. 11.At the May 22, 2014 public hearing, the Planning Commission heard from one member of the public who spoke about the importance of providing a public comment period when siting new wireless facilities, and gave an example of how at one point public comment positively influenced the siting of a new tower constructed on Badger Road, in regards to setbacks. 12.At the May 22, 2014 public hearing, Planning Commissioners also heard from several members of the public (Bush Law Firm) representing interests of AT&T Wireless Services. Comments included an outline of four additional opportunities for streamlining the permit process for routine replacement construction and equipment upgrades on existing sites, as follows: ■ Revise Exhibit "A" proposed new definition for "substantially increase the 3 226 physical dimensions" to match the new definition (July 2013) for "substantial change" in the State Environmental Policy Act (SEPA); ■ Consider alternative measures to supplant "Performance Bond" [WCC 20.13.062(11)] requirements that are meant to cover costs incurred by the County should the county ever have to intervene and remove an abandoned wireless structure or facility; Revise Exhibit "A" Section 20.13.160 - "Third Party Review" language to provide explicitly for "joint approval" as to the selection of a third party expert; Instead of moving routine maintenance from the chapter reserved for exempt actions to a new permitted use section in WCC 20.13.140 (as proposed by staff), reconsider whether or not routine maintenance should be exempt from provisions of the chapter, and whether or not such maintenance should be subject to requirements of obtaining a building permit. 13.During the work session of the May 22, 2014 meeting, during deliberations on the subject amendments, commissioners voted to recommend that staff make a number of minor edits to Exhibit "A" preliminary draft proposed text to increase clarity, including adding a note to clarify the meaning of the term "collocate"; they also voted to recommend that staff provide a new definition for"substantial increase to physical dimensions" to match the SEPA definition for "substantial change to physical dimensions", and to draft easy -to -understand new language providing a base line from which to measure "substantial change in physical dimensions", so as to limit the effect of incremental changes on the size of existing facilities; to revise Section 20.13.160 - "Third Party Review" language to require "joint approval" between Whatcom County and applicant in selection of third party experts; and that staff provide a rationale for maintaining existing wireless code provisions on performance bonds that are intended to cover costs of removal; and finally, that staff provide a memo or some discussion on applicability of the International Building Code (IBC) to wireless service improvement projects, including, temporary uses, routine maintenance and repair, and replacement construction. 14.Based on public input at their May 22, 2014 meeting, Planning Commissioners voted to hold the public record open for additional comment. They also requested that members of the public representing AT&T interests submit written comment to summarize their verbal comments and suggestions. Commissioners then voted to hold a second public hearing on the proposed amendments, scheduled for June 12, 2014. 15.On May 23, 2014, staff spoke with Whatcom County Planning & Development Services, Building Official, relaying the Planning Commissioner's request that a briefing on applicability of the IBC to wireless communication facility improvement projects be provided at or before the scheduled June 12, 2014 Planning Commission Meeting & Public Hearing. A follow up email was sent on E] 227 May 27, 2014 to outline the nature of the Planning Commission's inquiry in more detail. 16.Information about applicability of the International Building Code (IBC) to wireless communication facilities, and emergency repair permitting was provided by the Whatcom County Building Services Manager, and this information was submitted to all members of the Whatcom County Planning Commission by email, and was also posted to the County's website, in advance of the second hearing, scheduled on June 12tn 17.Between the first and second hearings, staff conducted research on performance bonds as requested by the Planning Commission, reviewing the code of a number of city and county jurisdictions, interviewed four staff from different County departments, and drafted a new Exhibit "A" (dated June 2, 2014) to reflect Planning Commission recommendations. 18.Notice of the Planning Commission second hearing on the subject amendments was published in the Bellingham Herald on May 30, 2014. 19.Notice of the second Planning Commission hearing and notice that the proposal had been posted on the County website was sent to citizen, media, cities and other groups on the County's e-mail list on June 3, 2014. 20.Notice of the second Planning Commission hearing and proposed amendments was. sent to the Lummi Indian Business Council, Historic Preservation Office on June 3, 2014. 21.Additional comment was received in a letter from Bush Law Firm representing the interests of AT&T on June 11th 2014. The letter addressed the four items addressed in public comment submitted to commissioners on May 22, 2014, and also included a section suggesting new definitions for "wireless communications service", "wireless communications facilities" and "collocation". 22.Staff wrote an additional memo to the Planning Commission dated June 12, 2014, to cover public comment and suggestions outlined in the June 11, 2014 Bush Law Firm Letter, including discussion and recommendations on support for the new definitions for wireless communication service and wireless communication facility, and also gave reasons why the suggested definition for "collocation" outlined in the June 11th Bush Law Firm letter should not be approved. 23.The Planning Commission held a second public hearing on the subject amendment on June 12, 2014. 24.At the June 12, 2014 public hearing, the Planning Commission heard from a member of the public who spoke about the importance of providing a public comment period when siting new wireless facilities on new sites, and gave an example of how public comment influenced the siting of a new tower constructed on Badger Road, in regards to setbacks. Further comment from this individual emphasized an understanding of how important it is to uphold setbacks for new 5 228 wireless towers to ensure protection of property and public safety. 25.At the June 12, 2014 public hearing, Planning Commissioners heard from the public representing interests of AT&T (Bush Law Firm). Public comment included general support for changes to the proposal, as follows: ■ Support for revised proposed definition: 'substantially change the physical dimensions" to match the definition in the State Environmental Policy Act (SEPA); ■ Support for staff's revised proposal (June 12, 2014, Memo to Planning Commission) to delete `Performance Bond" [WCC 20.13.062(11)] requirements that are meant to cover costs incurred by the County should the county ever have to intervene and remove an abandoned wireless structure or facility, but not supporting staff suggested language to expressly provide Whatcom County authority to lien property to recover costs incurred should the facility ever become abandoned, and should the county find it necessary to remove the facility. • Support for revisions to Exhibit "A" Section 20.13.160 - "Third Party Review" language to provide explicitly for "joint approval" in selecting a third party expert; • Support for moving routine maintenance from the chapter reserved for exempt actions to a new permitted use section in WCC 20.13.140, but still recommending that commissioners should reconsider whether or not routine maintenance should be exempt from provisions of the chapter. 26.At the Planning Commission meeting held June 12, 2014, after considering staff's report and recommendations, and after considering public comment, commissioners deliberated on the subject amendments and through a series of motions, and amended motions, they voted to recommend that the Whatcom County Council adopt amendments to the text of the Official Whatcom County Zoning Ordinance, as shown in the Exhibit "A" attached to this ordinance. 27.At the end of the Planning Commission meeting held on June 12, 2014, commissioners voted on a motion to recommend that the Whatcom County Council consider initiating to the docket a proposal to review and update existing wireless code provisions that relate to Performance Bonds [WCC 20.13.062(11)]. More specifically, commissioners recommended that performance bond requirements that are intended to cover costs incurred by the County (in removing such facilities in the case of abandonment), may be more efficiently administered if they apply only to wireless support structures and their appurtenant ground equipment, and that performance bonds not be required as a condition of issuance for each incremental and successive improvement made to the structure over the life of the facility. The general motion was to recommend that the County Council docket a future amendment to review and update "performance bonds", because it appeared to exceed the scope of the original application: Planning Commission discussion indicated that additional C1 229 research, review and input on this subject was needed prior to making a more specific recommendation. 28.Pursuant to Whatcom County Code (WCC) 20.90.050, Whatcom County Planning and Development Services has evaluated the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; and has considered possible environmental impacts identified by the lead agency through the State Environmental Policy Act (SEPA) threshold determination process. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance, Title 20 is hereby amended as shown on Attachment "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 ATTEST: day of , 2014 Dana Brown -Davis, Council Clerk APPROVED as to form: Rdyce qt kin4 ham, Civil Deputy Prosecutor 0 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Chairperson ( ) Approved ( ) Denied Jack Louws, Executive Date: 230 WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT, REASONS FOR ACTION, CONCLUSIONS, & RECOMMENDATION AMENDMENTS TO THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20: CHAPTER 20.13 - 'WIRELESS COMMUNICATIONS FACILITIES" TO STREAMLINE PERMIT PROCESSING ON ROUTINE WIRELESS COMMUNICATION EQUIPMENT UPGRADES ON EXISTING, APPROVED, AND CONFORMING SITES: ADDING A NEW SECTION ON PERMITTED USES, ADDING NEW DEFINITIONS TO CLARIFY TERMS FOR EASE OF ADMINISTRATION, REORGANIZATION OF THE CHAPTER TO BETTER MATCH THE ORGANIZATION OF OTHER TITLE 20 CHAPTERS; AND ALSO AMENDING CHAPTER 20.97 - DEFINITIONS THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT, REASONS FOR ACTION, CONCLUSIONS, AND RECOMMENDATION: FINDINGS OF FACT AND REASONS FOR ACTION 1. The purpose of the proposal to amend Whatcom County Code, Title 20, Chapter 20.13 "Wireless Communications Facilities" is to streamline permit processing for routine wireless communication equipment upgrades on existing, approved, and conforming sites. Existing code requires a special use permit even for routine upgrades. The proposal adding a new permitted use section would allow routine antenna upgrades, replacement construction, and new antennas or new antenna arrays on existing, approved and conforming sites as a permitted use subject to the requirement of a commercial building permit, and subject to all applicable local, state, and federal laws and regulations. The proposal also amends definitions and clarifies existing terms to promote ease of administration and increase transparency, and includes a reorganization of the chapter into a format that more closely resembles the format used in most chapters of the County's zoning code. Types of uses found in sections on "additional standards" have been moved into their own individual sections according to type of use, such as administrative uses, conditional uses, non -conforming uses, and prohibited uses. 2. The proposed amendments have been drafted in response to staff recommendations, public comment, and recommendations by the Planning Commission. The amendments as proposed may provide increased flexibility in siting wireless service facilities, streamline application review, avoid duplicative review, and provide greater permit efficiencies that may assist wireless service providers to more successfully implement new technologies and better serve wireless customers in Whatcom County. 231 3. On February 25, 2014, the Whatcom County Council initiated the subject amendment to the official 2014 "Docket" under Res. 2014-012. 4. On March 31, 2014 a "60 Day Notice of Intent to Adopt Amendment" was submitted to the Washington State Department of Commerce via email in regards to the subject amendments. On April 7, 2014 Washington State Department of Commerce replied to confirm that the County had fulfilled this requirement, and that the 60 Day Notice was filed for reference under Material ID 20154. On May 14, 2014, a supplement to the 60-Day Notice was sent by email to provide Department of Commerce with the most recent proposal on that date. 5. The Whatcom County Designated SEPA Official (lead agency) reviewed the proposed amendments to the Wireless Communications Facilities Chapter, and on April 2, 2014 made a determination that no probable significant adverse impacts to the environment would be likely to occur as a result of adopting the proposed amendments. This decision was made after a review of the completed SEPA Environmental Checklist on file with the lead agency, referenced under File No. SEP2014-00021. A 14 day comment period ending on April 16, 2014 was established for the DNS; one comment was received from the City of Bellingham, which indicated general support for the proposal. At the conclusion of the comment period, a 10 day appeal period was established, and no appeals to the determination, a DNS, were filed. 6. Notice of the Planning Commission hearing scheduled for May 22, 2014, and notice that the proposal had been posted on the County website was sent to citizen, media, cities and other groups on the County's e-mail list on May 13, 2014. 7. Notice of the Planning Commission hearing scheduled for May 22, 2014 was sent to the Lummi Indian Business Council, Historic Preservation Office on May 13, 2014. S. Notice of the Planning Commission hearing scheduled for May 22, 2014 was published in the Bellingham Herald on May 9, 2014. 9. A number of public comments were received from the wireless communication services industry, and these comments were posted to the Planning Commission website, as they were received. The substance of these comments generally supported the County's intent to streamline wireless communication facility permit processing on existing, approved, and conforming sites. General and specific suggestions were given on what kind of changes would benefit the wireless communications service industry. 10.The Planning Commission held a scheduled public hearing on the subject proposed amendments on May 22, 2014. 11.At the May 22, 2014 public hearing, the Planning Commission heard from one member of the public who spoke about the importance of providing a public comment period when siting new wireless facilities, and gave an 2 232 example of how at one point public comment positively influenced the siting of a new tower constructed on Badger Road, in regards to setbacks. 12.At the May 22, 2014 public hearing, Planning Commissioners also heard from several members of the public (Bush Law Firm) representing interests of AT&T Wireless Services. Comments included an outline of four additional opportunities for streamlining the permit process for routine replacement construction and equipment upgrades on existing sites, as follows: • Revise Exhibit "A" proposed new definition for "substantially increase the physical dimensions" to match the new definition (July 2013) for "substantial change" in the State Environmental Policy Act (SEPA); ■ Consider alternative measures to supplant "Performance Bond" [WCC 20.13.062(11)] requirements that are meant to cover costs incurred by the County should the county ever have to intervene and remove an abandoned wireless structure or facility; • Revise Exhibit "A" Section 20.13.160 - "Third Party Review" language to provide explicitly for "joint approval" as to the selection of a third party expert; ■ Instead of moving routine maintenance from the chapter reserved for exempt actions to a new permitted use section in WCC 20.13.140 (as proposed by staff), reconsider whether or not routine maintenance should be exempt from provisions of the chapter, and whether or not such maintenance should be subject to requirements of obtaining a building permit. 13.During the work session of the May 22, 2014 meeting, during deliberations on the subject amendments, commissioners voted to recommend that staff make a number of minor edits to Exhibit "A" preliminary draft proposed text to increase clarity, including adding a note to clarify the meaning of the term "collocate"; they also voted to recommend that staff provide a new definition for "substantial increase to physical dimensions" to match the SEPA definition for "substantial change to physical dimensions", and to draft easy -to - understand new language providing a base line from which to measure "substantial change in physical dimensions", so as to limit the effect of incremental changes on the size of existing facilities; to revise Section 20.13.160 - "Third Party Review" language to require "joint approval" between Whatcom County and applicant in selection of third party experts; and that staff provide a rationale for maintaining existing wireless code provisions on performance bonds that are intended to cover costs of removal; and finally, that staff provide a memo or some discussion on applicability of the International Building Code (IBC) to wireless service improvement projects, including, temporary uses, routine maintenance and repair, and replacement construction. 14.Based on public input at their May 22, 2014 meeting, Planning Commissioners voted to hold the public record open for additional comment. They also requested that members of the public representing AT&T interests 3 233 submit written comment to summarize their verbal comments and suggestions. Commissioners then voted to hold a second public hearing on the proposed amendments, scheduled for June 12, 2014. 15.On May 23, 2014, staff spoke with Whatcom County Planning & Development Services, Building Official, relaying the Planning Commissioner's request that a briefing on applicability of the IBC to wireless communication facility improvement projects be provided at or before the scheduled June 12, 2014 Planning Commission Meeting & Public Hearing. A follow up email was sent on May 27, 2014 to outline the nature of the Planning Commission's inquiry in more detail. 16.Information about applicability of the International Building Code (IBC) to wireless communication facilities, and emergency repair permitting was provided by the Whatcom County Building Services Manager, and this information was submitted to all members of the Whatcom County Planning Commission by email, and was also posted to the County's website, in advance of the second hearing, scheduled on June 12th 17.Between the first and second hearings, staff conducted research on performance bonds as requested by the Planning Commission, reviewing the code of a number of city and county jurisdictions, interviewed four staff from different County departments, and drafted a new Exhibit "A" (dated June 2, 2014) to reflect Planning Commission recommendations. 18.Notice of the Planning Commission second hearing on the subject amendments was published in the Bellingham Herald on May 30, 2014. 19.Notice of the second Planning Commission hearing and notice that the proposal had been posted on the County website was sent to citizen, media, cities and other groups on the County's e-mail list on June 3, 2014. 20.Notice of the second Planning Commission hearing and proposed amendments was sent to the Lummi Indian Business Council, Historic Preservation Office on June 3, 2014. 21.Additional comment was received in a letter from Bush Law Firm representing the interests of AT&T on June 11th 2014. The letter addressed the four items addressed in public comment submitted to commissioners on May 22, 2014, and also included a section suggesting new definitions for "wireless communications service", "wireless communications facilities" and "collocation". 22.Staff wrote an additional memo to the Planning Commission dated June 12, 2014, to cover public comment and suggestions outlined in the June 11, 2014 Bush Law Firm Letter, including discussion and recommendations on support for the new definitions for wireless communication service and wireless communication facility, and also gave reasons why the suggested definition for "collocation" outlined in the June 11th Bush Law Firm letter should not be approved. 23.The Planning Commission held a second public hearing on the subject 0 234 amendment on June 12, 2014. 24.At the June 12, 2014 public hearing, the Planning Commission heard from a member of the public who spoke about the importance of providing a public comment period when siting new wireless facilities on new sites, and gave an example of how public comment influenced the siting of a new tower constructed on Badger Road, in regards to setbacks. Further comment from this individual emphasized an understanding of how important it is to uphold setbacks for new wireless towers to ensure protection of property and public safety. 25.At the June 12, 2014 public hearing, Planning Commissioners heard from the public representing interests of AT&T (Bush Law Firm). Public comment included general support for changes to the proposal, as follows: ■ Support for revised proposed definition: "substantially change the physical dimensions" to match the definition in the State Environmental Policy Act (SEPA); • Support for staff's revised proposal (June 12, 2014, Memo to Planning Commission) to delete "Performance Bond" [WCC 20.13.062(11)] requirements that are meant to cover costs incurred by the County should the county ever have to intervene and remove an abandoned wireless structure or facility, but not supporting staff suggested language to expressly provide Whatcom County authority to lien property to recover costs incurred should the facility ever become abandoned, and should the county find it necessary to remove the facility. ■ Support for revisions to Exhibit "A" Section 20.13.160 - "Third Party Review" language to provide explicitly for "joint approval" in selecting a third party expert; • Support for moving routine maintenance from the chapter reserved for exempt actions to a new permitted use section in WCC 20.13.140, but still recommending that commissioners should reconsider whether or not routine maintenance should be exempt from provisions of the chapter. 26.At the Planning Commission meeting held June 12, 2014, after considering staff's report and recommendations, and after considering public comment, commissioners deliberated on the subject amendments and through a series of motions, and amended motions, they voted to recommend that the Whatcom County Council adopt amendments to the text of the Official Whatcom County Zoning Ordinance, as shown in Exhibit "A", dated June 24, 2014. 27.At the end of the Planning Commission meeting held on June 12, 2014, commissioners voted on a motion to recommend that the Whatcom County Council consider initiating to the docket a proposal to review and update existing wireless code provisions that relate to Performance Bonds [WCC 5 235 20.13.062(11)]. More specifically, commissioners recommended that performance bond requirements that are intended to cover costs incurred by the County (in removing such facilities in the case of abandonment), may be more efficiently administered if they apply only to wireless support structures and their appurtenant ground equipment, and that performance bonds not be required as a condition of issuance for each incremental and successive improvement made to the structure over the life of the facility. The general motion was to recommend that the County Council docket a future amendment to review and update "performance bonds", because it appeared to exceed the scope of the original application: Planning Commission discussion indicated that additional research, review and input on this subject was needed prior to making a more specific recommendation. 28.Pursuant to Whatcom County Code (WCC) 20.90.050, Whatcom County Planning and Development Services has evaluated the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; and has considered possible environmental impacts identified by the lead agency through the State Environmental Policy Act (SEPA) threshold determination process. CONCLUSIONS After evaluating all information presented by staff, and after considering all comment from the public, and after reviewing the proposed amendments for consistency with zoning text amendment approval criteria established in Whatcom County Code, Chapter 20.90.050, the Whatcom County Planning Commission concludes that it will be in the best interest of the public if the County Council adopts amendments to the text of the Whatcom County Official Zoning Ordinance (Title 20) as shown in the attached Exhibit "A". RECOMMENDATION Based upon the above findings of fact, reasons for action and conclusions, the Whatcom County Planning Commission hereby recommends that the Whatcom County Council adopt amendments to the Official Whatcom County Zoning Ordinance as shown in the attached Exhibit "A". Date TC OUN Y P NNING COMMISSION -OKkels, Chair Becky Box4 Secretary Date Commissioners present at the June 12, 2014 meeting when the vote was taken on the subject amendments: 236 Dave Onkels, Mary Beth Teigrob, Gary Honcoop, Ken Bell, Ben Elenbaas, Natalie McClendon, Walter Haugen, David Hunter Roll Call Vote: Ayes: Dave Onkels, Mary Beth Teigrob, Gary Honcoop, Ken Bell, Ben Elenbaas, Natalie McClendon, Walter Haugen, David Hunter; Nays: 0; Abstain : 0; Absent: Gerald Vekved. Motion carried to forward a recommendation of approval to the County Council on the subject amendments. Attachment: Exhibit "A" 237 File # PLN2014-00010 Wireless Communication 1 2 EXHIBIT "A" 3 4 Whatcom County Code, Title 20 5 6 Chapter 20.13 7 WIRELESS COMMUNICATIONS FACILITIES 8 Sections: 9 20.13.01 0 Purpose. 10 20.13.020 Definitions. 11 20.13.030 Applicability — Exemptions. 12 20.13.040 Permitted Uses. 13 20,13.050 Administrative Approval Uses. 14 20,13.060 Conditional Uses. 15 20.13.048 20.13.070 Nonconforming uses and structures. 16 20.13.080 Prohibited Locations 17 20. 3-. 50 20.13.085 Siting priorities . 18 2 43-. —20.13.090 Design and development standards. 19 20.13.070 Ad-d-itienal standarrac frar roloted dictrintc 20 20 9_03.Q80 fnr nnnrocirlonfiol rolatfad rlictrintS. 21 20.1.000 20.13.100 _Temporaryuses. 22 28 1 a 1 nn \ A I i rolocc rnmm ninotiOn fig- ni1ity nor_F Fn 23 20.13.110 Special exceptions. 24 20.13.120 Application requirements and conditions of issuance. 25 20.13.130 General criteria for issuance of permits. 26 20.13.140 Federal requirements. 27 20,13.150 Removal of antennas and support structures. 28 20.13.160 Third party review. 29 20.13.170 Appeals. June 25, 2014 30 20.13.010 Purpose. 31 The purpose of this chapter is to set e#h4 eestablish regulations for the placement, development, 32 permitting, and removal of personal wireless communications facilities including support structures and 33 antennas. These standards were developed to comply with the Federal Telecommunications Act of 1996. 34 They are intended to protect property values and minimize visual impact while furthering the development 35 of enhanced telecommunication services in the county. 36 The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the 37 effect of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to 38 discriminate between providers of functionally equivalent personal wireless services. 39 In reviewing an application to provide personal wireless service or to install personal wireless service 40 facilities, the county shall act within a reasonable period of time, taking into account the nature and scope 1 238 File # PLN2014-00010 Wireless Communication June 25, 2014 1 of the application and the required notice and necessary review process. Any decision to deny an 2 application shall be in writing, supported by substantial evidence contained in a written record. (Ord. 3 2000-006 § 1, 2000). 4 20.13.020 Definitions. 5 As used in this chapter, the following terms shall have the following meanings. Other words and terms 6 shall have meanings assigned to them by Chapter 20.97 WCC or if not defined in this chapter or Chapter 7 20,97 WCC, the meaning customarily assigned to them. 8 (1) "Administrator' means the director of planning and development services or his designee. 9 (2) "Amateur radio" or "ham radio" means radio facilities operated for noncommercial purposes by 10 individuals licensed by the FCC with an interest in construction and operation of radio equipment, usually 11 as a hobby or vocation. 12 (3) "Ancillary equipment facility (AEF)" means an unstaffed structure used to contain ancillary equipment 13 for a WCF. Such structures include cabinets, shelters, remodeled structures, pedestals and other similar 14 structures. Ancillary equipment may include air conditioners and emergency generators. 15 (4) "Antenna" means any pole, panel reflection disc or similar device used for the transmission or 16 reception of radio frequency signals, including but not limited to, directional antennas, Omni -directional 17 antennas, and parabolic antennas. 18 (5) "Antenna array" means any system of poles, panels, rods, reflecting discs or similar devices used for 19 the transmission or reception of radio frequency signals. An antenna array can be made up of one or 20 more antennas including but not limited to the following: 21 (a) Directional antenna (also known as a panel antenna) which transmits signals in a directional 22 pattern of less than 360 degrees. 23 (b) Omni -directional antenna (also known as a whip antenna) which transmits signals in a 360- 24 degree pattern. 25 (c) Parabolic antenna (also known as a dish antenna) which is a bowl shaped device that 26 receives and transmits signals in a specific directional pattern (e.g., point-to-point). 27 6)`nir 28 29 signs, and water towers, together with aRy _--_-_G—paPy�le or device 30 attaches th anteRna array to the existing build;Rg OF StFUGtUre, transmission Gables, and an -ancillary 31 2 239 File # PLN2014-00010 Wireless Communication June 25, 2014 1 (6) "Attached wireless communication support structure" is a support structure not specifically designed 2 and constructed to support an antenna array. Such structures may include but are not limited to buildings 3 or structures, utility poles, signs, and water towers, together with any accompanyingpole or device 4 (attachment device) which attaches the antenna array to the existing building or structure. 5 (7) "Attached wireless communication facility" is a wireless communication facility that utilizes an attached 6 wireless communication support structure as defined in WCC 20.13.020(6). It means the site the leased 7 area, attached wireless communication support structures, antennas, antenna array(s), accessory 8 e ui ment structures, and appurtenances used to transmit, receive, distribute, provide or offer personal 9 wireless communication together with any accompanVing pole or device (attachment device) which 10 attaches the antenna array to the existing building or structure, transmission cables, and an ancillary 11 equipment facility which may be located either inside or outside of the attachment structure. 12 _(68) "Citizens band radio" means two-way radio facilities operated for short-range personal and business 13 communications, without necessity of a federal license, pursuant to 47 Congressional Federal Register 14 Part 95. 15 (79) "Clustering" means the placement of more than one wireless communication support structure on a 16 single site either by one provider or by several different providers. 17 (8) "GGIIGGation" means the use of a single wireless GGMmuniGatiORS support StFUGtUre by mere than GR8 18 vVirP_lP_q_q. G_G_MMLIRiGatiGRS provider c)r the use of a site by mer_e than one wireless 19 provider 20 (10) "Collocate" means the installation of wireless services equipment on a freestanding or attached 21 wireless communication facility that may be shared by one or more wireless service providers to transmit 22 and/or receive radio frequency signals for communication purposes. For the purposes of this chapter, the 23 terms "collocate", "collocation" or "co -locate" may be used interchangeably to describe action taken by a 24 principal facility owner, an authorized agent or a valid lessee to add wireless services equipment to an 25 existing facility. Note: The spelling of these terms may vary based on local vernacular used by wireless 26 service industry professionals. and in accordance with state and federal law. 27 28 (911) "Direct -to -home satellite service" means the distribution or broadcasting of programming or services 29 by satellite directly to the subscriber's premises without use of ground receiving or distribution equipment, 30 except at the subscriber's premises or in the uplink process to the satellite. 31 1 (4-012) "FAA" means the Federal Aviation Administration. 32 1 (1413) "FCC" means the Federal Communications Commission. 240 File # PLN2014-00010 Wireless Communication June 25, 2014 1 (14) "Freestanding wireless communication facility" means the site the lease area freestanding wireless 2 communication support tower(s), antennas, antenna array(s) accessory equipment structures, and 3 appurtenances used to transmit, receive, distribute, provide or offer personal wireless communication 4 services. Freestandingwireless communication facilities include but are not limited to antennas, poles, 5 towers, cables, wires, conduits, ducts pedestals, vaults, buildings, and electronic switching equipment. 6 (15) "Freestanding wireless communication support structure" is a freestanding structure, designed and 7 constructed to specifically support an antenna array, and may include but is not limited to an of f the 8 structures listed below: 9 (a) "Lattice tower" means a wireless communication support structure which consists of a 10 network of vertical and horizontal supports and crossed metal braces, forming a tower which is 11 usually triangular or square in cross-section. 12 (b) "Monopole tower" means a wireless communication support structure consisting of a single 13 pole to support antennas and connecting appurtenances. 14 (c) "Guyed tower" means any variety of wireless communication support structures using wire 15 guys connecting above grade portions of a communication support structure diagonally with the 16 ground or the structure on which the tower is placed. The purpose of the wireguys is to provide 17 support for wireless communication towers, antennas, and connecting appurtenances. (Ord. 18 2000-006 § 1, 2000).(16) "Wireless GGMManisatip_.ns#pies"WGF; means the see, -:sire -;ems 19 , 20 21 22 anteRnas, peles, tGweFs, Gables, Wir8S, Genduits, dUGtS, pedestals, vaults, buildings, and 23 e!eGtmnir SWitrhing equipment 24 (16) "Wireless communication facilities" means facilities for the provision of wireless service. Wireless 25 communication facilities included, but are not limited to, antennas, poles, towers, cables, wires, conduits 26 ducts, pedestals vaults, buildings, and electronic and switching equipment. 27 1 (4217) "Personal wireless communications services" means wireless communications services • .�na� _ -= - , . _ - _ •• _ - - - - . _rrsr.-�rr�a�a�►rtrrr_s�zr_ : e 29 - - - 1 - - - - 32 33 18 "Wireless communication service" means wireless data and telecommunications services, including 34 commercial mobile services commercial mobile data services unlicensed wireless services, and 35 1 common carrier wireless exchange access services as defined by federal laws and regulations. M 241 4 5 6 7 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 File # PLN2014-00010 Wireless Communication specifically•., - - but is nGt limited ..HMO June 25, 2014 (4-319) "Satellite earth station" means the facilities used for reception and processing of programming services from a satellite prior to transfer to terrestrial distribution systems or for processing of programming and services from a terrestrial source before transmission via satellite. (a-420) "Site". For the purpose of this chapter, "site" means a building, etFUGtl,e, leased area which may contain a base station, building(s) or structure in compliance with the -provisions te-of Whatcom County subdivision regulations, site easement area or lot of record upon which a wireless communications facility is or will be located. (4-522) "Unlicensed wireless services" means commercial mobile services that operate on public frequencies and do not need a FCC license. (21) "Substantially change the physical dimensions" means. - (a) The installation or mounting of wireless services equipment on an existing support structure that would increase the overall height of the structure by more than ten percent, or twenty feet, whichever is greater; provided that any such increase in height must conform to the provisions of this chapter; or (b The installation or mounting of equipment that would involve adding an appurtenance to the body of the structure that would protrude from the edge of the structure more than twenty feet or more than the width of the structure at the level of the appurtenance, whichever is greater; Provided, that in making determinations as to whether or not project proposals constitute a substantial change as described in (a) or (b) above, and in order to limit incremental and cumulative effects concerning the overall size of such facilities, measurements shall be taken to establish a base line for determining whether or not proposed changes constitute a substantial change; such measurements shall be taken from the dimensions of the existing facility as it was approved and constructed under the original building permit issued by Whatcom County. 5 242 File # PLN2014-00010 Wireless Communication June 25, 2014 1 20.13.030 Applicability — Exemptions. 2 The requirements of this chapter shall apply to all new personal wireless communications facilities and 3 the expansion and/or alteration of any existing personal wireless communications facilities. The following 4 are exempt from the provisions of this chapter: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (1) Satellite earth stations using antenna(s) not more than two meters in diameter in commercial and industrial districts and direct -to -home satellite services. (2) Send and receive citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators. (3) Industrial, scientific and medical equipment using frequencies regulated by the FCC. (4) Military and government radar antennas and associated communication towers used for navigational purposes as regulated by the FCC under 47 Congressional Federal Register Parts 97 and 95 respectively. (5) Military and federal, state and local government communications facilities used for emergency preparedness and public safety purposes. (6) Normal, routine and emergency maintenance and repair of existing wireless communications facilities and related equipment which do not increase the size, footprint or bulk of such facilities and which otherwise comply with the county, state, and federal law and regulations. Provided, that compliance with design and development standards of this chapter is maintained. 20.13.040 Permitted Uses. The following uses shall be considered permitted uses and shall comply with federal, state, and local laws and regulations and the provisions of this chapter; the following uses shall also be subject to environmental review under the State Environmental Policy Act (SEPA), unless categorical) exempt. xempt. (1) Replacement construction: In all districts: Replacement of any component of an existing freestanding or attached wireless communication facility, and/or replacement of any component of an existing ancillary equipment facility on existing approved and conformingsites; tes; provided that such replacement does not increase the total number of components lawfully existing on the site at the time of application for such replacement construction and further provided that such replacement construction does not "substantially change the physical dimensions" of the individual components being replaced as defined in WCC 20.13.020(21). Determinations made as to whether or not replacement proposals substantially change the physical dimensions of existing facilities shall be made by the administrator, as follows: (a) The applicant or applicant's agent must submit documentation to the administrator that demonstrates that replacement construction proposals do not substantially change the physical C: 243 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 File # PLN2014-00010 Wireless Communication June 25, 2014 dimensions of such facilities as defined in WCC 20.13.020(20). Examples of such documentation may include specification sheets and/or area calculations for both the existing and proposed replacement equipment. Such documentation must be submitted at the time of pre -application interview for the required commercial building permit(s). (bb) The applicant or applicant's agent must also submit documentation to the administrator demonstrating that replacement construction meets Federal Communication Commission FCC) Emission Standards (as applicable). Such documentation must be submitted at time of application for the required commercial building permit(s). (2) New antenna or new antenna array construction: In all districts: New antennas or new antenna arrays may be constructed on or added to existing, attached or freestanding wireless communication facilities on existing, approved and conforming sites; provided that such new antennas or antenna arrays do not "substantially change the physical dimensions" of such facilities, as defined in WCC 20.13.0200 9); Determinations made as to whether or not new construction proposals substantially change the physical dimensions of existing_ facilities shall be made by the administrator, as follows: (a) The applicant or applicant's agent must submit documentation to the administrator that demonstrates that the proposed new antenna or new antenna array construction does not substantially change the physical dimensions of such facilities. Examples of such documentation may include specification sheets and/or area calculations for both the existing and the proposed new equipment. Such documentation must be submitted at the time of pre -application interview for the required commercial building permit(s). (b) The applicant or applicant's agent must also submit documentation to the administrator that demonstrates that any new antenna(s) meet Federal Communication Commission (FCC) Emission Standards (as applicable). Such documentation must be submitted at time of application for the required commercial building permit(s). 20.13.050 Administrative Approval Uses The following uses are considered administrative approval uses and shall require a Wireless Communication Facility (WCF) permit in accordance with WCC 20.84 and WCC 2.33 and shall be subject to a threshold determination in accordance with the Whatcom County SEPA Ordinance unless categorically exempt; provided that WCF permit proposals located in nonresidential related districts shall be exempt from the public noticing requirements found in WCC 2.33 — Permit Review Procedures. Uses described in this section must comply with county, state, and federal law and regulations and all applicable provisions of this chapter. The administrator may refer an application for a WCF Permit to a technical review committee for its review prior to making a decision on the application. 244 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 File # PLN2014-00010 Wireless Communication (1) Wireless Communication Facility (WCF) permifi June 25, 2014 New freestanding_ wireless communication support structures, new antennas or antenna arrays on existing freestanding or attached wireless communication structures on existing approved and conforming sites, and new attached wireless communication facilities that substantially change the physical dimensions of a facility as defined in WCC 20.13.020(21) may be approved by the administrator through issuance of a WCF permit, subject to a required commercial building permit. Prior to application a rpp oval, the applicant or applicant's agent must also submit documentation to the administrator that demonstrates that any new antenna(s) meet Federal Communication Commission (FCC) Emission Standards (as applicable). (a) New freestanding wireless communication support structures: (i) New freestanding wireless communication support structures ( lattice towers or monopole towers) may be collocated or clustered on existing, approved and conforming wireless communication facility sites in the following residential related districts: Rural, Residential Rural, and Rural Residential Island. [Moved from: WCC 20.13.070(1)(a)(i)l ii New freestanding wireless communication support structures ( monopoles only), may be collocated or clustered on existing, approved and conforming wireless communication facility sites in the following residential related districts: Urban Residential Urban Residential Medium Urban Residential Mixed Neighborhood Commercial, and Eliza Island; provided that the site does not also contain residential uses. [Moved from: WCC 20.13.070(1)ii)l NO Monopoles that are permitted as a WCF may exceed the height limits of the underlying residential related zone by 15 feet; provided, the applicant demonstrates that the structure's height is the minimum necessary to adequately function or if collocation is specifically provided for on the tower. The additional 15 feet for collocation may be added to the 15 feet necessary for adequate function for a total of 30 feet in the event both situations pertain. [Moved from: WCC 20.13.070(1)(b)l (iv) In all nonresidential districts: New freestanding wireless communication support structures (lattice towers or monopole towers) may be collocated or clustered on approved and conforming sites; es; provided that the height of such structures shall be subject to requirements of WCC 20.13.092(9)(b); and provided further that the height does not exceed 150 feet. Additional height may be approved only by special exception as provided in WCC 20.13.110. [Moved from: WCC 20.13.080(1)1 (b) New attached wireless communication facilities: New attached wireless communication facilities may approved by the administrator through issuance of a WCF Permit, and subject to a required commercial building permit(s), as provided below. i In all residential districts: New attached wireless communication facilities or new antennas attached to existing attached wireless communication structures that utilize a nonresidential structure on a parcel or lot not used primarily for residential purposes; provided, the antenna is not more than 15 feet above the 245 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 File # PLN2014-00010 Wireless Communication June 25, 2014 roof or parapet wall or top of structure (if not a building). Installation of dish antennas on the roof of an attached wireless communication structure may be permitted as a WCF permit if the applicant demonstrates to the administrator that such proposal satisfies the special exception criteria pursuant to WCC 20.13.110. [Moved from: WCC 20.13.070(2)(b)(ii) and 20.13.070(2)(a)1 (ii) In all non-residential related districts: Ground mounted dish antennas may be located on existing approved, conforming sites, provided that the site is not used exclusively for residential purposes. [Moved from: WCC 20.13.080(2)(b)(c)1 (iii) In all residential related districts: Ground mounted dish antennas may be located on existing approved, conforming sites, provided that the site is not used exclusively for residential purposes and the antenna is not more than 15 feet above ground level nor more than 12 feet in diameter. [Moved from: WCC 20.13.070(2)(b)(iii)1 (c) New antennas or antenna arrays on existing freestanding wireless communication facilities or existing attached wireless communication facilities on existing, approved and conforming sites: may be approved by the administrator through issuance of a WCF Permit, and subject to required commercial building ermit s : (j) In all nonresidential districts: New antennas or antenna arrays may be added to existing freestanding wireless communication support structures on existing approved and conforming sites provided that the height of such new antennas or antenna arrays shall not extend more than 15 feet above the attachment device. [Moved from: WCC 20.13.080(2)(c)(d)l 00 In all residential districts: New antennas or antenna arrays may be added to existing freestanding wireless communication support structures on approved and conforming sites: provided that the height of such new antennas or antenna arrays shall be subject to the requirements of WCC 20.13.092(_9)(b). [Moved from: WCC 20.13.070(2Z(i)j (iii) In all residential districts: New antennas on existing attached wireless communication structures that utilize a nonresidential structure on a parcel or lot not used primarily for residential purposes: provided, the antenna is not more than 15 feet above the roof or parapet wall or top of structure (if not a building). Installation of dish antennas on the roof of an attached wireless communication structure may be permitted as a WCF permit if the applicant demonstrates to the administrator that such proposal satisfies the special exception criteria pursuant to WCC 20.13.110. [Moved from: WCC 20.13.070(2)(b)(ii) and 20.13.070(2)(a)1 (iv) In all nonresidential related districts: New antennas attached on existing attached wireless communication structures that utilize a nonresidential structure on a parcel or lot not used primarily for residential iurposes:provided, the antenna is not more than 15 feet above the roof or parapet. [Moved from: WCC 20.13.080(2)(b)(c)1 (2) Ancillary Equipment Facilities 246 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 File # PLN2014-00010 Wireless Communication June 25, 2014 (a) New ancillary equipment facilities or replacement construction that substantially increases the physical dimensions of an existing facility as defined in WCC 20.13.020(19), may be permitted on existing approved conforming sites as an Ancillary Equipment Facility (AEF) under the scope of a WCF permit. Such structures include cabinets, shelters, remodeled structures pedestals and other similar structures. Ancillary equipment may include air conditioners, emergency generators, and GPS units. Installation of such ancillary equipment when included in the scope of a WCF permit shall conform to original time frames for completion set by the administrator, or as further amended by the administrator. 20.13.060 Conditional Uses. (1) The following uses shall require conditional use permit approval by the hearing examiner, and shall be processed in accordance with WCC 20.84 and WCC 2.33 and shall be subject to a threshold determination in accordance with the Whatcom County SEPA Ordinance, unless categorically exempt. Such uses shall comply with county, state and federal law and regulations and all applicable provisions of this chapter. The applicant or applicant's agent must also submit documentation to the administrator that demonstrates that any new antennas meet Federal Communication Commission (FCC) Emission Standards (as applicable). The administrator may refer an application for a conditional use to a technical review committee for review and comment prior to referring the application to the hearing examiner for a decision. (a) New freestanding wireless communication facilities: (i) In all nonresidential related districts: New freestanding wireless communication facilities that utilize lattice tower or monopole wireless communication support structures; provided that the height of such structures shall be subject to the requirements of WCC 20.13.092(9)(b); and further provided that the height does not exceed 150 feet. Additional height may only be approved by special exception as provided in WCC 20.13.110. Moved from: WCC 20.13.080(1)(al (ii) New freestanding wireless communication facilities that utilize lattice towers or monopole towers in the following residential related districts: Rural, Residential Rural Rural Residential Island; provided that the height of such structures shall be subject to the requirements of WCC 20.13.092(9)(b). [Moved from: WCC 20.13.070(1)(a)1 (iii) New freestanding wireless communication facilities that utilize monopole towers only in the following residential districts: Urban Residential Urban Residential Medium Urban Residential Mixed Neighborhood Commercial and Eliza Island; provided that the site does not also contain existing residential uses, and further provided that the height of such structures shall be subject to the requirements of WCC 20.13.092(9)(b). (Moved from: WCC 20.13.070(1)(ii)l (b) New Attached Wireless Communication facilities: (i) In all non-residential related districts: New attached wireless communication facilities that utilize a residential structure on a site used exclusively for residential purposes shall require a conditional use 10 247 File # PLN2014-00010 Wireless Communication June 25, 2014 1 permit provided that the antenna shall not extend more than 15 feet above the roof or parapet. [Moved 2 from: WCC 20.13.080(2)(b)(c)l 3 (ii) In all residential districts: New attached wireless communication facilities that utilize an attached 4 wireless communication support structure that is a residential building or on a parcel used exclusively for 5 residential purposes shall require a conditional use permit: provided that the antenna shall not extend 6 more than 15 feet above the roof top (or top of the structure if not a building) and that the requirements of 7 WCC 20.13.092(1) are met. The hearing examiner shall have the authority to restrict the height of the 8 attached antenna to a figure less than 15 feet in order to attain compliance with WCC 20.13.092(1). 9 [Moved from: WCC 20.13.070(2)(c)1 10 (2) New ancillary equipment facilities may be permitted under the scope of a conditional use permit, or 11 may be permitted separately as an AEF under a WCF permit pursuant to WCC 20.13.060. Such 12 structures include cabinets shelters remodeled structures pedestals and other similar structures. 13 Ancillary equipment may include air conditioners emergency generators, and GPS units. Installation of 14 such ancillary equipment when included in the scope of a conditional use permit shall conform to original 15 time frames for completion set by the hearing examiner, or as further amended by the hearing examiner. 16 20.13.040-070 Nonconforming uses and structures. 17 Freestanding and attached Wireless wireless communications facilities, and ancillary equipment facilities 18 in operation as of the effective date of the ordinance codified in this chapter or amendment hereto, 19 including vested applications for such facilities, that do not conform to the use standards or development 20 I standards of this chapter are hereby declared nGnGGnf^rmi^^ uses and shall be subject to the provisions 21 of Chapter 20.83 WCC governing nonconforming uses. Routine maintenance on existing towers and 22 antennas is permitted as provided in WCC 20.13.030(63} WCC 20.13.050. However, anew construction 23 other than routine maintenance on existing non -conforming towers, antennas, buildings or other facilities 24 shall comply fully with the requirements of Chapter 20.83 WCC governing nonconforming uses, and this 25 chapter. 26 20.13.080 Prohibited Locations. 27 (a) New attached antennas or antenna arrays shall not be mounted installed or affixed to a single family 28 residence, duplex or their accessory structures; this prohibition shall not apply to residential structures 29 such as multi -family housing condominiums apartment buildings, hotels, rooming houses, and their 30 appurtenant structures, such as parking garages, and storage buildings. 31 (b) New freestanding wireless communication support structures (lattice towers) are prohibited in Urban 32 Residential Urban Residential Medium, Urban Residential Mixed, Neighborhood Commercial, and Eliza 33 Island districts. 34 (c) New freestanding wireless communication support structures (monopole towers and ground level 35 dishes) are prohibited in Urban Residential, Urban Residential Medium Urban Residential Mixed 36 Neighborhood Commercial, and Eliza Island districts on sites that also contain residential uses. 11 am 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 File # PLN2014-00010 Wireless Communication June 25, 2014 (d) New support structures are prohibited on lands within the jurisdiction of the Whatcom County Shoreline Program. (Ord. 2011-013 § 2 Exh. B 2011 ; Ord. 2000-006 F 1 2000). 20.13.050-085 Siting priorities and prohibi (1)_ In reviewing applications for new freestanding wireless communication facilities, and new attached wireless communication facilities, -the approving authority shall evaluate the proposal in relationship to the following siting priorities . Unless the facility will be located at the highest priority location, the applicant shall demonstrate that: (a)_ None of the higher priority locations are available; or (b)_ If one is available it is not a feasible location for the proposed facility; or (c) _If feasible, the location is less desirable than the one proposed from the standpoint of minimizing impacts on surrounding land uses. (2)_ For the purpose of this sestienchapter: (a)_ Residential related districts shall include Urban Residential (UR), Urban Residential Medium (URM), Urban Residential Mixed (UR-MX), Eliza Island (EI), Neighborhood Commercial (NC), Rural Residential Rural (RR), Rural Residential Island (RR-1), and Rural (R) Districts; (b)e Non-residential related districts include: Commercial districts including Rural General Commercial (RGC), General Commercial (GC), Resort Commercial (RC) and Tourist Commercial (TC) Distr���riorts_Districts and anlY', {G) ii -Industrial districts sha11-inGludeincluding Heavy Impact Industrial (HII), Light Impact Industrial (1-11), Gateway Industrial (GI), Rural Industrial and Manufacturing (RIM), General Manufacturing (GM), Airport Operations (AO) and the Cherry Point Industrial District (CP-ID); and (-d-) iii) -Resource districts shall iRGIude including Agriculture (AG), Commercial Forestry (CF), Rural Forestry (RF) and Recreation Open Space (ROS). (3)_ Siting Priorities. Listed in descending order with the highest priority first: (a)= Collocated attached antennas on attached wireless communication structures that are nonresidential buildings and structures, 4wAuding-and collocated antennas on existing freestanding wireless communications towers in nonresidential related districts. (b)_ Collocated attached antennas on attached wireless communication support structures that are nonresidential buildings and structuresz�g -and -collocated antennas on existing 12 249 File # PLN2014-00010 Wireless Communication June 25, 2014 1 I freestanding wireless communications towers in residential related districts on property not used 2 exclusively for residential purposes. 3 (c) °t+-« � apAen: as_New antennas on attached wireless communication structures such as 4 nonresidential buildings and structures in nonresidential related districts. 5 (d)= New freestanding wireless communication support structures at in-r-emete, low visual impact 6 locations in resource and industrial districts. 7 I (e)_ New AttaGhed anteRRas on attached wireless communication facilities that utilize 8 nonresidential buildings and structures in residential related zones on property not used 9 exclusively for residential purposes. 10 (f)_ New freestanding wireless communication support structures at low visual impact locations in 11 commercial districts. 12 (g)_ Locations other than those listed above 13 (4) Drnhihit-d I OGatinnc 14 (a) 15 chnre!iRe Program (Ord 2011_013 C 2 Gvh R 2011; nrr7 2000 006 § 1 2000) 16 20.13.064-090 Design and development standards. 17 .061-.091 Design and Development Standards. The development standards set forth below shall apply to 18 all wireless communications facilities. These developments standards are minimum standards and shall 19 be in addition to any development standards or project review process which applies in the underlying 20 district in which a wireless communication facility is located. In the event of a conflict between the 21 provisions of this chapter and the general development standards of this title, or the project review 22 process, the more stringent provision shall govern; provided, that where a provision of this chapter is the 23 more specific in its application to wireless communication facilities that provision shall prevail regardless 24 of stringency. 25 (1) Anti -Climbing Devices. All freestanding and attached wireless communications support structures and 26 required fencing shall be equipped with appropriate anti -climbing devices. 27 (2)_ Attachment to Trees Prohibited. It is prohibited to attach any wireless communication facility or portion 28 thereof to any tree. 29 (3) Signage. All freestanding and attached wireless communications support structures shall be identified 30 i with a-Ra nonilluminated sign not exceeding four square feet. The sign shall list the wireless service 31 provider's name and emergency telephone number and shall be posted in a place visible to the general 13 250 File # PLN2014-00010 Wireless Communication June 25, 2014 1 public. No advertising signs shall be located on support structures or antennas, however arrays may be 2 camouflaged as otherwise permitted signs. 3 I (4)_ Lighting. All freestanding and attached `��� less wireless communications facilities shall not be 4 illuminated except where required by the FAA. 5 ( (5)_ Painting. All freestanding and attached Wireless eless wireless communications facilities shall be painted or 6 finished in a manner that blends with the dominant color of the background except where otherwise 7 required by the FAA. The applicant and the operator of the facility shall have a continuing duty to maintain 8 such paint or finish. 9 1 (6)_ Noise from Accessory Equipment. Accessory Equipment Facilities shall comply with state noise level 10 standards under Chapter 173-60 WAC, as amended. Generators may only be permitted for emergency 11 operation purposes. If air conditioning or other noise generating equipment is proposed, the applicant 12 shall provide information detailing the expected noise level and any proposed abatement measures. This 13 may require noise attenuation devices or other mitigation measures to minimize impacts. 14 1 (7).: Copies of deeds or other instruments such as lease agreements and site easements that establish 15 the applicant's right to use the site shall be provided at the time of application. These may be in unsigned 16 final draft form pending the outcome of the approval process. The boundaries of a proposed wireless 17 communications facility site shall be defined in each such instrument in a manner that will provide a land 18 surveyor sufficient information to accurately locate the site boundaries using standard survey methods. 19 1 (8)_ If the proposed site is leased, the terms of the lease shall not restrict the land owner in any_way from 20 leasing other areas of his property to other wireless communications providers with the exception that the 21 lease may include a provision that any additional facilities so located not materially interfere with the 22 operation of the existing facility. 23 1 .092 -General Design Standards. 24 (1) Attached a~+A, tee -Antennas that are mounted installed or affixed to an attached wireless 25 communication support structure (egg sellesa#��'^+o^^�� ^r o ,;�+,.,^ �nr�_o_y.o� st; a^+��pres) shall be 26 designed or placed to blend with the, predominant background or architectural features as seen from 27 abutting residential uses, roadways or other public rights of way. 28 (2) When located on buildings, panel antennas shall be placed closely against walls or parapets and not 29 extend above the wall or parapet unless an alternative design is required to a) achieve better compatibility 30 with the building design or b) to obtain antenna function. 31 1 (3) ^^esse4:y- llary equipment facility structures shall be placed underground or wholly enclosed in an 32 existing structure or building, or designed to blend into the architecture and landscaping of the 33 surrounding buildings or structures. When equipment boxes are placed at ground level, they shall be 34 screened from view. 14 251 File # PLN2014-00010 Wireless Communication June 25, 2014 1 (4) Ground -mounted dishes shall be located outside any required landscaped area and preferably located 2 in service areas or other less visible locations. They shall be solidly screened to at least as high as the 3 center of the dish when viewed from off the site. Solid screening shall be provided as high as the top of 4 the dish on sides adjacent to residential zones. 5 Roof -mounted dishes shall be solidly screened at least as high as the center of the dish. The screening 6 shall be of a material and design compatible with the building, and can include penthouse screening, 7 parapet walls, or other similar screening. The dish should be placed as close to the center of the roof as 8 possible. 9 (5) Antennas on utility poles shall be limited to w O-antennas that are no more than two feet in length 10 unless the approving authority finds that the visual impact of a longer antenna would not have an 11 appreciable affeoteffect on surrounding uses. No more than one w4+p-antenna is permitted per pole. No 12 utility pole shall be extended in height in order to accommodate an antenna. No antenna shall be allowed 13 on light standards. 14 1 (6) Setbacks Applicable. The following setback standards shall apply to wireless communications 15 facilities: 16 (a) Accessory equipment structures shall comply with the setback requirements for principle 17 nonaccessory structures in the underlying district. An antenna and its attachment device 18 attached to a building or other permanent structures shall comply with the setback requirements 19 for principle nonaccessory structures in the underlying district. Where the setback requirement in 20 the underlying zone is based on the height of the structure, the height used to compute the 21 setback for the antenna array shall be the height of the structure plus the additional height that 22 will be added by the antenna array and its attachment device. 23 (b) "'^r. attached -Freestanding wireless communications support structures located in a 24 residential related district as seiout described in WCC 2-G�o—,o:a5o 20.13.085 shall be set back 25 from any property line by a distance equal to the height of the wireless communications support 26 structure or the setback of the underlying use district, whichever is greater. 27 I (c) Freestanding wireless communications support structures located in other than 28 residential related districts shall be set back from any property line abutting or adjacent to a 29 residential related district a distance equal to the height of the wireless communications support 30 structure or the setback of the underlying use district, whichever is greater. 31 ' (d) Regardless of the district, RGRattaGhed freestanding wireless communications structures shall 32 be setback from dwellings not on the same legal lot, a distance equal to the height of the 33 freestanding wireless communications support structure or the setback of the underlying use 34 district whichever is greater. 15 252 File # PLN2014-00010 Wireless Communication June 25, 2014 1 I (e) Setbacks for nn attanhed freestanding wireless communications support structures shall be 2 measured from the ground -level base of the structure. 3 (f) The setback requirements for freestanding and attached wireless communication facilities 4 under this chapter may be reduced by the approving authority subject to the satisfaction of the 5 special exception criteria in WCC 20.11110. 6 I (7) In the event that a new freestanding or attached wireless communications facility is proposed on land 7 zoned agriculture or in an agriculture overlay zone and the land is otherwise suitable for agricultural use, 8 the facility shall be located and maintained so as not to interfere with current agricultural activities or the 9 potential future use of the site for agricultural activities. 10 I (8) Screening Standards. Freestanding and attached `^o ee�wireless communications facilities shall be 11 subject to the following standards for visual screening: 12 (a) The perimeter of the wireless communication support structure and any guyed wires and 13 anchors shall be enclosed by a fence or wall at least six feet in height. A row of evergreen 14 shrubs, spaced not more than five feet apart and capable of growing to form a continuous hedge 15 at least five feet high within five years of planting, and at least one row of evergreen trees or 16 shrubs spaced not more than 10 feet apart nor less than six feet high when planted shall be 17 installed outside and adjacent to the fence. 18 (b) Landscape material used for screening should be selected and sited to produce a hardy and 19 drought -resistant landscape area. Native plant materials are preferred. 20 (c) Maintenance of landscaped areas shall be the responsibility of the applicant and/or operator 21 of the facility. Required landscaping must be maintained in a healthy manner. Trees and shrubs 22 that die must be replaced with healthy in -kind materials such that during the life of the facility the 23 landscaping continues to satisfy the requirements of the permit. Temporary irrigation shall be 24 provided to help ensure survival during the plant establishment period. If the approving authority 25 determined that existing vegetation provided adequate screening without the need for additional 26 landscaping, than no action shall be taken by the applicant or his assigns or successors that 27 would diminish its effectiveness in screening the site. In the event that natural vegetation is 28 removed to the extent that the area required to be screened is made more visible, the operator 29 of the facility shall prepare a revegetation plan and submit the plan to the administrator for 30 review and approval. Upon approval the operator shall implement the plan. 31 (d) The administrator or the hearing examiner as appropriate may approve any combination of 32 existing vegetation, topography, walls, decorative fences or other features instead of 33 landscaping, if they achieve the same degree of screening as the required landscaping. Either, 34 as appropriate, may waive the requirement for the installation of screening for those sides of the 16 253 File # PLN2014-00010 Wireless Communication June 25, 2014 1 facility that are naturally screened so as not to be visible from public streets or adjoining 2 properties. 3 (e) Existing vegetation shall be preserved to the maximum extent practicable. 4 (f) When landscaping is required to be installed a maintenance bond, assignment of funds or 5 other financial guaranty acceptable to the county shall be provided in the amount of 50 percent 6 of the value of the labor and materials. The guaranty shall be in effect for two years from the 7 date of planting. n 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (9) General Height Standards. The following standards shall apply to wireless communications facilities: (a) The height of a freestanding or attached wireless communications facility shall be measured to include the support structure and any antennas proposed to be attached to the structure at the time of application; previde�provided that a lightning rod, not to exceed 10 feet or FAA required lighting shall not be included in the height measurement. (b) Fer a nenattaGhed wireless GGMnluniGatiens faGility, tlee-The height limit on a freestanding wireless communications facility shall be the minimum height necessary for the facility to function satisfactorily provided the height does not exceed height restriction imposed elsewhere in this chapter. The applicant shall provide technical documentation that the height proposed is the minimum necessary. As provided in WCC 20.13.160, the administrator or the hearing examiner may require a third party review of this information. (c) The height of ^*aGhed-antennas mounted or installed on an attached wireless communication support structure may exceed the height limit of the underlying zone; prsvided;provided that the height does not exceed height restriction imposed elsewhere in this chapter. 23 ( (10) Parking. Each freestanding and attached wireless communications support structure shall be 24 provided with at least one adjacent parking space or more if needed to accommodate staff. All unstaffed 25 facilities shall have access to parking for maintenance personnel, however such 26 parking may be shared or public parking at the discretion of the county. Staffed facilities shall require one 27 parking space per staff under the standard provisions of the zone in which it is located. 28 29 30 31 32 33 34 - - - - - ... (12) Building and Utility Permits. Approval of a WCF permit does not exempt or otherwise remove any requirements for obtaining building permits and other applicable construction, development or operation 17 254 File # PLN2014-00010 Wireless Communication June 25, 2014 1 related permits, licenses or approvals for the project. It shall be the permittee's responsibility to secure all 2 other necessary permits and approvals prior to beginning work on the installation of the facility. (Ord. 3 2000-006 § 1, 2000). 4 . 5 6 7 8IDD 9 island (RR _1 \ and Rural (R) Dictrintc 10 . 11 (a) When nGt­4AheFWiSe prohibited, new wireless GOMMURiGations Support StFUGtur 12 rp-sid-tantial related Zones shall require Gonditional use approval pursuant to VVGG 20.84.200 13 subjeGt to the following; provided, that new Support GG_I.IGGated OF GIuste­re4-Gn-a-n­ 14 15 16 17 (i) LattiGe towers are prohibited in the following residential related ZZA-AMB-s. Ur 18 Residential, Urban Residential Medium, Urban Residential Mixed, Neighbor 19 Go�ommornial and Eliza Island Dictrintc 20 (ii) MenGpele wireless G muniGatiGn SUPPGFt StFUGtUres and ground level dishes shall not 21 be 10Gated on land par -Gels or lets in Urban Urban Rpi;idential Medium, Urban 22 Residential Mixed, NeighbGrheGd GornmerGial and Eliza Island- Distrirc-ts th;;t 16G Gentain 23 residential yes. 24 _(b) A mGnGpo may eXGeed ht limits of the underlying residential related zone by 25 15 feet; provided, the applioant de-Monst,at- the StFUGture's height is the assaFy to 26 27 feet for GGIIGGatien may be added to the 15 feet neGeSsary for adequate funGtion for a total of 30 28 foot in the event both sit iationc nertain 29 (2) ttrtavheed 4nta�.r 30 (a; �tt��ue"ed a+� 11 aseesssrt 31 32 33 (b) The-fG40WiRg antennas may be permitted through a wireless GommuniGations faGility (\AtGF4 34 permit; 18 255 File # PLN2014-00010 Wireless Communication 1 4, 2 st 3 G 4 us 5 ¢+i 6 7 rc 8 {++ 9 r@ 10 le 11 i 12 residen 13 f ibi 14 antenn 15 and th 16 authori� 17 attain s r�zrzz�T_7��.�rrrt 1 - 24 (a} lalcv�e 25 Previda 26 sGn#®r-n= 27 GGIIGGa1 28 nensanl 29 str-6lGtUF 30 exGeed- 31 W G-26 June 25, 2014 19 256 File # PLN2014-00010 Wireless Communication 1 2 3 4 5 6 7 8 9 10 11 12 June 25, 2014 13 20.13.GW100 Temporary uses. 14 WA ! .Freestanding or attached wireless communication facilities may be permitted as a temporary use 15 with review by the administrator in order to facilitate continuity in wireless communications service during 16 repair or maintenance of existing wireless communications facilities or prior to completion of construction 17 of new wireless communications facilities. Such temporary uses 18 shall operate for not more than 60 days at any one location within a six-month period commencing when 19 transmission from such facility begins. The wireless communications a^fi',�,lities facility(s) shall be removed 20 within 30 days after the facility is no longer needed for telecommunications purposes. , 21 200 L.fezc�T�r,►tn� . rr.Tszrsirr:rrrrs:rs - - - - - �r�,rntrss�►TTs'�sszta'rssTrr.�rsnt�+n- ^.r_4s _ '...�..�_ . �rr-mr-rrsrrr. ` ` ».�a..i.��� :rw�`R_��r�� r HOM rtvi � r'T-ZT.. — 7—T.L7:�TT:IIISS T.T.��►�T(�1�lS-T—'14 :7SiT.�iT7T—T7:T.7IS� _ _ STT� . _ — 32 20.13.110 Special exceptions. 33 When adherence to all development standards of this chapter would result in a physical barrier which 34 would block signal reception or transmission or prevent effective communication in all permissible 35 locations, a special exception may be permitted provided criteria outlined below are met. Exceptions do 20 257 File # PLN2014-00010 Wireless Communication June 25, 2014 1 not apply to variations from the current code as adopted and amended per WCC Title 15, Buildings and 2 Construction. A variance pursuant to Chapter 20.84 WCC is required for variations from applicable zoning 3 regulations not described in this section. 4 The approval authority for granting of the special exception shall be the same as that of that of the 5 authority authorized to approve the permit for the antenna location. A request for a special exception shall 6 be processed in conjunction with the permit approving the antenna location. 7 Upon review of special exception requests, the approval authority shall consider first those standards 8 having the least effect upon the resulting aesthetic compatibility of the antenna or tower with the 9 surrounding environment. The approval authority shall review setback, size, screening requirements, and 10 height limits. 11 (1) Special Exception Criteria. 12 (a) The applicant shall justify the request for a special exception by documenting and providing 13 evidence that the full application of a particular standard or standards of this chapter would result 14 in an obstruction or inability to send and receive a communication signal from the proposed 15 location of the facility and further, that the obstruction or inability to send or receive a signal from 16 that location is the result of factors beyond the property owner's or applicant's control. Pictures, 17 scaled drawings, maps and/or manufacturer's specifications, and other technical information as 18 necessary, should be provided to substantiate the need for the special exception. 19 (b) The applicant for a special exception shall demonstrate that the proposed materials, shape, 20 and color of the antenna will minimize negative visual impacts on adjacent or nearby residential 21 uses to the greatest extent possible. The use of certain materials, shapes and colors may be 22 required in order to minimize visual impacts. 23 (c) _+ta°a�G"�Any request for a special exception to heights for new antennas that are proposed 24 to be mounted or installed on an attached wireless communication support structure-Lron�,uesting. 25 a SpeGial exception for "aigl;tshall be reviewed relative to c)ugh the same PFGGess as a 26 support struGtufe-height limitations set for structures in the underlying one district in which the 27 antenna is to be located. 28 (d) Requests for special exceptions for setback reductions shall also be judged based on the 29 following criteria: 30 (i) The extent to which screening and camouflaging will be employed to mitigate the effects 31 of the structure versus the value of the setback in providing such screening. 32 (ii) The need for the setback reduction to facilitate a location or design that better satisfies 33 the criteria of this chapter. 21 258 File # PLN2014-00010 Wireless Communication 1 (iii) The impact on adjacent properties. June 25, 2014 2 (iv) Location in a street right-of-way. (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2000-006 § 1, 3 2000). 4 20.13.120 Application requirements and conditions of issuance. 5 Applicants shall submit the following information in addition to standard application materials: 6 (1) A scaled site plan clearly indicating the location of the proposed facility, all other structures and uses 7 on the site, adjacent roadways, proposed means of access, parking, existing and proposed landscaping 8 and setbacks from property lines. Elevation drawings of the proposed tower, the equipment structure, 9 existing structure with proposed antenna, fencing, buffering/screening, type of architectural treatment, 10 and any other feature necessary to show compliance with the applicable standards. 11 (2) Photo -simulations of the proposed facility from adjacent residential properties, public properties and 12 public rights -of -way. 13 (3) Legal description and ownership of the parcel. 14 (4) A valid agreement for collocation on an existing WCF support structure or on an existing building or 15 structure; or a location evaluation study as described in subsection (5) of this section. 16 (5) For new freestanding support structures, a location evaluation study shall be provided as follows: 17 (a) A study shall be provided showing that the structure is required for present and future 18 network coverage, that the height requested is the minimum necessary to provide for the 19 function and potential collocated antennas and why the antennas could not be collocated on an 20 existing structure. In residential zones, the applicant shall provide adequate proof that the facility 21 could not be located in a nonresidential zone. 22 23 24 25 26 27 28 29 30 (6) The applicant shall submit a letter of c;ed , performance bond or other security acceptable to the county, as described in WCC'n 1 a na (i 1 20.13.130{4), to cover the future costs of removal of the aP-4--- -a to-we0aciIity. (7) A report from a licensed professional engineer documenting that: (a) The support structure is designed for collocation of other antennas (if applicable.) (b) The antenna usage will not interfere with other adjacent or neighboring transmission or reception communications signals. (c) The wireless communications facility complies with all applicable standards of the FCC for such facilities including EMF emission standards, if applicable. 22 259 File # PLN2014-00010 Wireless Communication June 25, 2014 1 (8) A projection of the wireless communication facilities which the applicant and/or prospective operator of 2 1 the facility reasonably antiGipatesanticipate will be sited by his company within Whatcom County during 3 the next five years. 4 1 (98) Proof of license by the FCC, if applicable. 5 1 (4-09) A copy of the findings from the FAA's Aeronautical Study Determination regarding the proposed 6 wireless communication support structure. 7 I (1410) A copy of the instrument that establishes the right of the applicant to use the site for the intended 8 purpose as required in WCC 2444-.045; 20.13.091(7). 9 1 (1-211) If the site is a leased site, a copy of lease agreement which specifies or shows that it does not 10 preclude the site owner from entering into leases on the site with other providers. (Ord. 2000-006 § 1, 11 2000). 12 20.13.130 General criteria for issuance of permits. 13 (1) Any applicant for a land use permit (other than a building permit) proposing to install an antenna 14 support structure or mount an antenna on an existing structure shall demonstrate by engineering 15 evidence that: 16 (a) The antenna must be located at the site to satisfy its function in the aant's IGsaEwireless 17 service provider's local grid -system. The county may require the applicant to provide feasibility 18 studies which demonstrate that locations on existing structures and/or in higher priority locations 19 have been explored and are not feasible or available. 20 (b) The height requested is the minimum height necessary to fulfill the site's function within the 21 gfid-wireless service provider's system. 22 (2) In addition to standard criteria, the authority granting the permit shall find that, unless the facility will be 23 I located at the highest priority location as set forth in WCC- 943-050 20.13.085, the applicant has 24 demonstrated that none of the higher priority locations are available or if one is available it is not a 25 feasible location for the proposed facility; or if feasible is less desirable than the one proposed from the 26 standpoint of minimizing impacts on surrounding land uses. 27 (3) The permit may include requirements which: 28 (a) Minimize visual impacts to the greatest extent possible by maximum feasible use of 29 camouflage or screening, including but not limited to fencing, landscaping, strategic placement 30 adjacent to existing buildings or live or simulated vegetation, undergrounding of accessory 31 equipment structures, incorporation of wireless communications support structures, antennas 32 and other appurtenances into the architectural features of existing buildings or structures and by 33 requiring compatibility with key design elements in the surrounding area; for example, use of 23 260 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 File # PLN2014-00010 Wireless Communication June 25, 2014 brick or other material similar to that used in adjacent buildings or structures, incorporation of support structures into compatible architectural features such as flag poles, bell towers or cornices, or use of simulated vegetation to camouflage support structures. (b) Locate wireless communication facilities so as to minimize the visibility of the facility to residentially zoned land and so as to minimize the obstruction of scenic views from residentially zoned land. (c) Require the mounting of the facility on existing buildings or structures, or use of other, alternatives with less visual, aesthetic or safety impacts, as an alternative to use of a monopole or lattice tower. (Ord. 2000-006 § 1, 2000). (4) Performance Bond or Other Security Acceptable to the County. The operator of the facility shall obtain and keep in force throughout the time the facility is located on the site a performance bond or other security acceptable to Whatcom County payable to Whatcom County in the amount of 150 percent of the estimated cost of removal as determined by the director, but not less than $1,000. The bond is intended to cover the costs of removal of such facility at such time as the facility may be required to be removed pursuant to WCC 20.13.150. 20.13.140 Federal requirements. All wireless communications support structures must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate wireless communications support structures and antennas. If such standards and regulations are changed, owners of the freestanding or attached wireless communication support structure, antennas and electronic equipment governed by this chapter shall bring such wireless GOrnmu^ atien su;Pert structure, antennas and e!eGtFnnin equi.,, entfacility into compliance with such revised standards and regulations within the compliance schedule of the federal agency. Failure to bring such facilities „nn„F+ StFu tUres and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the iNireless r3o-ImMuniGatien sanpPGFt str-ustUre, antenna or e!eGtF^n;^ q�ent-facility at the owner's expense. 0 261 File # PLN2014-00010 Wireless Communication June 25, 2014 r Str6lGture at 2 if there •. - owner's expense. -are this nGt beGGme until all � PPGFt StrUGtUFe, provision shall eff8GtiVe providers 5 20.13.150 Removal of antennas and support structures. 6 No less than 30 days prior to the date that a personal wireless service provider plans to abandon or 7 discontinue operation of a facility, the provider must notify the Whatcom County planning and 8 development services director by certified U.S. mail of the proposed date of abandonment or 9 discontinuation of operation. The owner of the facility shall then remove the antenna within 90 days of 10 discontinuation or abandonment unless an additional period of time is authorized by the county. In any 11 case, if the county finds that any antennaerwireless communication support structure has not operated 12 for a continuous period of six months, the owner or lessee of the property en `"'hi^h the wireless 13 14 antenna OF SUPPGFt StFUGture--shall remove the facility within 90 days-36 months of receipt of notice to 15 remove from the county. If the-ante^^a aridirelesS ^^mmuninati^n SUr,n^rt ctrUGt Uro abandoned 16 facility is not removed within said time period, the county may remove the antenna or wireless 17 communication support structure at the owner's expense. If there are two or more wireless 18 communications providers on a single wireless communication support structure, this provision shall not 19 become effective until all providers cease using the wireless communication support structure. ¢9rd- 20 2000 006 § 1, 2000). 21 20.13.160 Third party review. 22 Personal wireless service providers use various methodologies and analyses, including geographically- 23 based computer software, to determine the specific technical parameters of their services and low power 24 mobile radio service facilities, such as expected coverage area, antenna configuration, topographic 25 constraints that affect signal paths, etc. Because of the technical nature of methodologies and analyses, 26 the county may find it necessary to require a third party technical review of the material submitted by the 27 applicant as part of a permitting process. The expert review is intended to address interference and public 28 safety issues and be a site -specific review of technical aspects of the facilities or a review of the 29 provider's methodology and equipment used and not a subjective review of the site which was selected 30 by a provider. Based on the results of the expert review, the county may require changes to the provider's 31 application. The expert review shall address the following: 32 (1) The accuracy and completeness of submissions; 33 (2) The applicability of analysis techniques and methodologies; 34 (3) The validity of conclusions reached; and 35 (4) Any specific technical issues designated by the county. 25 262 File # PLN2014-00010 Wireless Communication June 25, 2014 1 j In general, and if -thenecessary, the administrator shall consider requiring a third party review of technical 2 information submitted in support of a special exception, and technical information submitted in support of 3 I a wireless GGMMURiGatiens faG4itycommunication facility proposed at a low priority, high visual impact 4 location. 5 The selection of the -a third party expert shall na-�t-be by mutual agreement between the provider and the 6 county. The cost of the technical review shall be borne by the applicant. (01rd 2000 006 r 1 21nnn1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 20.13.170 Appeals. The hearing examiner shall have the authority to decide, in conformity with this chapter, appeals from any order, requirement, permit decision or determination 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 within 14 days of the action being appealed. The hearing examiner shall hear appeals under this chapter in the same manner as those anneals he has of theFity to hoar Uncle Aar provided in-_WCC 20.92.210(2). Chapter 20.97 DEFINITIONS FM 263 DRAFT RECORD OF PROCEEDINGS OF THE 1 WHATCOM COUNTY PLANNING COMMISSION May 22, 2014 Regular Meeting 1 Call To Order: The meeting was called to order, by Whatcom County Planning 2 Commission Chair, David Onkels, in the Northwest Annex Conference Room at 6:30 p.m. 3 4 Roll Call 5 Present: Ben Elenbaas, Jerry Vekved, David Onkels, Ken Bell, Natalie McClendon 6 Absent: Walt Haugen, Gary Honcoop, David Hunter, Mary Beth Teigrob 7 8 Staff Present: Mark Personius, Erin Osborn, Karen Frakes-Prosecutor's Office, Becky 9 Boxx 10 11 Department Update 12 13 Mark Personius updated the commission on the following: 14 • Review of items before the County Council 15 • Planning & Development Services happenings 16 17 Open Session for Public Comment 18 19 Greg Brown, Whatcom County: Thanked Ken Bell and Ben Elenbaas for applying for the 20 Charter Review Committee. 21 22 Commissioner Comments 23 24 There were no Commissioner comments. 25 26 File #PLN2014-00010: A proposal to amend Whatcom County Zoning Code text, Title 20, 27 Chapter 20.13 - Wireless Communications Facilities. The purpose of the proposed 28 amendments are to review and update permit processes for routine wireless 29 communication facility equipment upgrades, adding new definitions to clarify terms for 30 ease of administration and adding new language that exempts certain projects from 31 Wireless Communication Facility permit requirements when such structures or 32 improvements do not substantially increase the physical dimensions of such facilities. 33 34 Erin Osborn presented the staff report and a power point presentation. 35 36 The purpose of the amendments are to streamline permit processing for routine wireless 37 communication equipment upgrades on existing approved and conforming sites. What 38 staff has found, over the years, is that the code does not provide for routine upgrades. 39 There is existing code language that states that if the bulk or footprint is increased in any 40 way, then it is no longer exempt, and would require a special use permit, either an 41 administrative approval WCF permit or a conditional use permit. During development of 42 this proposal staff has been in contact with representatives of the wireless industry to get 43 their input on ways to streamline the permit process. 44 45 Proposed Substantive Changes 46 47 New permitted uses apply to replacement construction; new antenna or new 48 antenna array construction; routine maintenance and emergency repair. Staff 264 DRAFT RECORD OF PROCEEDINGS OF THE 2 WHATCOM COUNTY PLANNING COMMISSION May 22, 2014 Regular Meeting 1 recommends that routine maintenance and repair should not be exempt from the 2 provisions of the chapter. Under the proposed code most routine replacement 3 construction and new antennas, on existing approved conforming sites, would be a 4 permitted use, subject to a commercial building permit and zoning review for 5 conformance with the chapter, so long as the proposals don't substantially increase 6 the physical dimensions. The new permitted use would be subject to a pre- 7 screening at the time of the commercial building permit. Once it has been 8 determined to be a permitted use it would not have to get what is typically 9 required, which is a WCF permit, an administratively approved use permit. At the 10 pre -application screening for the commercial building permit, and after the zoning 11 administrator determines that it is a permitted use based on what documentation 12 the applicant provides, it would be approved per zoning, but still would be subject 13 to conditions in the commercial building permit, similar to normal conditions of 14 approval found in a WCF permit. 15 16 Add new language and delete existing language to address July 2013 amendments 17 to SEPA and updated May 10, 2014 SEPA rules regarding expanded statutory 18 categorical exemptions that apply to modifications of existing wireless 19 communication facilities. 20 21 Move exemptions for "routine repair and maintenance" into a new section for 22 permitted uses. 23 24 Add new definitions. 25 26 The existing definition for "collocation" is deleted. A new definition for "collocate: 27 is proposed that expands on the existing definition to clarify that the terms may 28 be used to describe action by someone other than the owner of the facility. This 29 was an issue that was a concern for staff because "collocate" implies that one 30 provider is putting something on another provider's tower. In a situation where the 31 tower owner wants to add additional equipment to its own tower, what is it called? 32 Staff didn't have a way to describe that. This new definition clarifies that. 33 34 The freestanding wireless communication structure facilities such as lattice towers 35 and monopole towers are called wireless communication structures in the existing 36 code. Other types of facilities and structures are called attached, but if specifically 37 designed to support equipment it is considered a wireless communication structure. 38 If not designed for this it is called an attached wireless communication structure 39 The existing code goes all over the place, in that it calls the wireless 40 communication structures non-attached, but there is no definition and there is a lot 41 of blending of the language. 42 43 Proposed Non -Substantive Changes 44 45 Consists of reorganizing the chapter so that uses are taken out of the standards 46 sections for residential and non-residential related districts and puts them into 47 specific use categories such as: administrative approval uses, conditional uses, 48 non -conforming uses and prohibited uses. 265 DRAFT RECORD OF PROCEEDINGS OF THE 3 WHATCOM COUNTY PLANNING COMMISSION May 22, 2014 Regular Meeting 1 2 . Delete the "s" from the word "communications" because it is problematic. 3 4 • Clarify provisions that would allow ancillary equipment facilities as part of an 5 administrative approval WCF permit or as part of a conditional use permit. Right 6 now a provider will come in and apply for a conditional use permit but there is no 7 clear mechanism for them to attach antennas or to permit their ancillary 8 equipment. 9 10 Existing Chapter Organization 11 12 All of the uses embedded in existing code sections 20.13.070 and 20.13.080 WCC are 13 very difficult to administer. In the proposal these uses weren't changed they were just 14 extracted from the existing text and moved into new sections that more clearly describe 15 that they are "uses", as opposed to "standards" 16 17 Public Notice Requirements and Public Comment 18 19 Under existing code most routine wireless equipment upgrades require a WCF permit. 20 Generally, unless exempt from SEPA, the process for review and permitting is very similar 21 to a conditional use permit, including public notice(in residential related districts). 22 Conditional use applications require environment review, under SEPA and a threshold 23 determination. SEPA determinations need to be published with a 14 day comment period. 24 Public notice is sent to all property owners with 300 feet of the proposal in the Urban 25 Growth Areas, or 1,000 feet in other areas. There is then a 15 day comment period for 26 the application. Staff does utilize the optional DNS provisions, which allows them to 27 combine noticing. Staff has found that public comment on sites that require public notice, 28 generally don't express any major objection. 29 30 New SEPA and SEPA Rules 31 32 SEPA is a broad, general law that is meant to catch environmental impacts when other 33 types of code regulations might not. In the state law there are some categorical 34 exemptions for wireless communication facilities. In July 2013 SEPA was amended and 35 new rules, to reflect the SEPA changes went into effect in May 2014. The new rules 36 exempt most routine upgrades and replacement construction on existing sites. The new 37 rules state that a substantial change occurs when "the mounting of equipment on a 38 structure that increases the height of the structure more than 10 percent or 20 feet, 39 whichever is greater; or an action that would add an appurtenance to the body that would 40 protrude from the edge more than 20 feet or more than the width of the structure at the 41 level of the appurtenance, whichever is greater. 42 43 The way changes to SEPA affect existing code is that the applications that are 44 categorically exempt from environmental review are also exempt from the public notice 45 requirements. What it does is create a less restrictive requirement than what is in existing 46 code. This would exempt sites in residential zones from public notice. The proposal is to 47 delete language that refers to SEPA rules and add language stating that all permitted 48 uses, administrative approval uses, conditional uses and non -conforming uses are subject 266 DRAFT RECORD OF PROCEEDINGS OF THE 4 WHATCOM COUNTY PLANNING COMMISSION May 22, 2014 Regular Meeting 1 to environmental review under SEPA, unless categorically exempt. New language is added 2 that requires public notice on those projects that substantially increase the dimensions 3 and do require a wireless communication facility permit in residential related zones. 4 5 Proposed Amendments 6 7 Right now there are no provisions to allow for minor upgrades, such as antenna 8 replacement except under a WCF permit, and then subsequent commercial building 9 permit. To make this more streamlined, staff proposes language stating `the mounting of 10 equipment on a structure that increases the height of the structure more than 10 feet, in 11 any direction, or 4 feet for new antennas on an existing tower would be a permitted use, 12 subject to commercial building permit. Most new antennas aren't going to be more than 4 13 feet more than the existing. (Staff showed photo examples of what additions to existing 14 towers may look like). Staff also proposes adding language to the permitted use section 15 that requires some sort of documentation that the proposal is going to conform to the FCC 16 rules. 17 18 Commissioner Bell asked if the FCC requires any permit. 19 20 Ms. Osborn stated she does not know. 21 22 Ken Lyons, AT&T representative, stated the FCC does not require a permit. 23 24 The hearing was opened to the public. 25 26 Carol Tagayun, AT&T representative: They have been involved in the process of the 27 amendments. People are relying on their wireless devices more and more and for a 28 variety of reasons. AT&T sees that is will continue to grow. Over the past seven years, on 29 the AT&T network there has been a 50,000 percent increase in data traffic. That has 30 required them to do a lot of work on the network to ensure that customers can get the 31 services they need and want. This means doing a lot of upgrades to their existing network 32 that they never knew they would have to do. People are using their phones more at 33 home. They are not installing land lines as much. 75 percent of the people that do have 34 land lines are not using them. They have been doing a lot of upgrading to existing 35 facilities, to increase capacity, rather than building new ones if they are not needed. Being 36 involved in this process allows AT&T to respond to the growth in technology and make 37 upgrades efficiently. 38 39 Commissioner McClendon asked if every jurisdiction has different rules. 40 41 Ms. Tagayun stated they do. They are working with a number of jurisdictions to update 42 their codes as well. 43 44 Kristen Larson, AT&T representative: They support the proposal to streamline the rules. 45 They proposed the following, in addition: If you can build a structure on your property, 46 without a permit, you should be able to add a part. To the definition of "substantial 47 increase" they suggest it be consistent with the SEPA definition. The reason for this is the 48 separation requirement. There needs to be a certain number of feet between antennas so 267 DRAFT RECORD OF PROCEEDINGS OF THE 5 WHATCOM COUNTY PLANNING COMMISSION May 22, 2014 Regular Meeting 1 they do not interfere with each other. She would like the commission to consider the 2 bonding requirements. They are in the application section of the code. Right now it is an 3 application requirement. They don't think this is needed. The term of the bonds is written 4 as open ended, without interest. It costs the county time and money to administer. There 5 are already safeguards to insure proper removal of towers. Each lease, with the 6 landowners, requires removal of the facilities if the facilities revert to the landowner. They 7 do not want to give up their assets in this way so they believe there are safeguards in 8 place. Regarding Third -party review, right now the section currently requires an applicant 9 to pay for any third -party review. They would like the language to state that the third- 10 party reviewer shall be chosen by mutual agreement between the county and applicant. 11 Currently the applicant has no say. They respect the proposal to add the new 20.13.040 12 Permitted Uses section, but they urged the commission to consider not adding additional 13 complexity to the code and instead leave normal, routine and emergency maintenance 14 under the exempt uses. 15 16 Ken Lyons, Busch Law Firm on behalf of AT&T: Regarding routine maintenance and repair, 17 that usually involves replacement of an identical part. Under the existing code a building 18 permit would not be needed. Under the new code 20.13.040, a permit would be needed. 19 Once sites are on the air it is very important that they continue to provide service, 20 especially for emergency services so they are not in favor of this change. 21 22 Ms. Osborn stated the code was silent on this issue before and is now being addressed. 23 She does not see where a permit is required under this section. Perhaps the language 24 should be clarified. However, a building permit may be required under the International 25 Building Code (IBC), and it's the Building Official who makes this determination. 26 27 Karen Frakes stated this text puts people on notice that a permit may be required under 28 the IBC. 29 30 Mr. Lyons stated the new SEPA Laws are based on new federal laws. They urged the 31 commission to add this to their code. 32 33 Commissioner Elenbaas asked why the cell phone industry is being singled out. Other 34 companies aren't required to get permits for maintenance. 35 36 Evelyn Vooge, Whatcom County: Stated having people comment on these projects is very 37 important. When the cell tower on Double Ditch Road was being proposed it was because 38 of the public comment that they relocated the tower to a safer area. In the text is the 39 word "substantially". This is a word that really refers to a lot bigger. So even if it was 40 substantially smaller it could be a big change. Other than that she is not opposed to the 41 proposed language. 42 43 The hearing was closed to the public. 44 45 Mark Personius suggest if the commission would like to hold the hearing open that the 46 Building Official attend the next meeting on this issue to clarify how the building code 47 applies to wireless improvement projects. 48 Na DRAFT RECORD OF PROCEEDINGS OF THE 6 WHATCOM COUNTY PLANNING COMMISSION May 22, 2014 Regular Meeting 1 Commissioner Onkels stated he was concerned about the apparent contradiction between 2 the need to repair or replace components in a timely manner and still comply with the 3 code. 4 5 Ms. Osborn stated that the provisions that allow for the permitted uses are not making it 6 harder than the existing code. Whatever has been done in the past to respond to 7 emergency repairs is not going to change. There are provisions for temporary repairs. 8 These are dealt with at the building permit level. How they are dealt with is up to the 9 building official. 10 11 Commissioner Elenbaas asked where the line is being drawn as far as replacing a like 12 item. Why is a permit required? 13 14 Ms. Osborn stated staff still wants the chapter to apply to the repair. Whether or not it 15 requires a building permit is going to be building official decision. It is not something that 16 the zoning ordinance is going to decide. We need to look at the safety issues that might 17 be involved. There are provisions for emergency situations so work can begin as soon as 18 possible. 19 20 Commissioner Bell wants to see the FCC definition used for a substantial change. 21 22 Ms. Osborn clarified that the FCC does not have a definition. It is defined under SEPA. 23 24 Commissioner Bell moved to use the definition in SEPA for a substantial change. 25 Commissioner Elenbaas seconded. 26 27 Commissioner Vekved asked if staff had a reason for not proposing to use the SEPA 28 definition. 29 30 Ms. Osborn stated this is under a public use that doesn't have any public comment. It 31 would be exempt from SEPA. Staff's opinion was that 20 feet might be substantial. The 32 point is staff wants to hear what the public has to say on proposals that exceed 33 dimensions listed in the staff proposal. 34 35 Commissioner Vekved asked if there is an average tower height or do they vary. 36 37 Mr. Lyons stated the tower height depends on various factors, such as topography, area 38 coverage, etc. Most are 100 feet. 39 40 Ms. Osborn stated the four foot proposal was based on the City of Bellingham comments. 41 They stated two to three feet was considered substantial for their purposes. Notice 42 regarding the proposal went to all of the cities. 43 44 Commissioner McClendon asked what the width of a tower is. 45 46 Mr. Lyons stated there may be arms or brackets which are generally under 20 feet. 47 48 The motion to use the definition in SEPA for a substantial change passed. 269 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DRAFT RECORD OF PROCEEDINGS OF THE 7 WHATCOM COUNTY PLANNING COMMISSION May 22, 2014 Reaular Meetin Commissioner Elenbaas asked if the proposal of an increase of four feet should be changed to six feet. Mr. Lyons stated that under SEPA there is no requirement or restriction on the size of the antenna. If the SEPA definition of substantial change is adopted this section could be deleted. Ms. Osborn stated there was scriveners error made in proposed 20.13.020(19)(b). It should read: The installation or mounting of equipment that would add an appurtenance to the body of the structure protruding from the edge of the structure, resulting in an increase in the overall with of the structure by more than ten percent, or 10 feet, whichever is less greater. Commissioner Elenbaas stated the FAA is going to have limits on height. They should have jurisdiction. Commissioner Bell requested some language be inserted that once substantial has been met then there are different requirements. Ms. Osborn stated she has seen language to address that issue from the City of Salem. To incorporate language into Whatcom County's code would require additional staff research. Commissioner Vekved moved to request staff to provide the commission with proposed language limiting incremental increases in sizes to the structures. Commissioner Bell seconded. Mr. Lyons stated they have recommended such language be added in other jurisdictions and support it. The motion to request staff to provide the commission with proposed language limiting incremental increases in sizes to the structures passed. Commissioner Bell moved to make it explicit that normal, routine repairs and maintenance are exempt from permitting. The motion failed for lack of a second. Commissioner Bell asked about the bonding requirements. Is it strictly a teardown requirement? Ms. Osborn stated it is for removal of the structure should it be abandoned. Commissioner Bell asked if there was a standard mechanism for bonding. Ms. Osborn stated staff spent a lot of time on the bonding issue and took into account the wireless industries concerns. Bonds are difficult for staff to administer. Often there is more than one tower on a parcel and each tower may have several carriers. Then over time carriers merge so it becomes very complex to determine who is responsible for what. To 270 DRAFT RECORD OF PROCEEDINGS OF THE 8 WHATCOM COUNTY PLANNING COMMISSION May 22, 2014 Regular Meeting 1 her knowledge there has never been a time when the county has had to cash in on a 2 bond. However, the system seems to be working. 3 4 Commissioner Bell stated the towers are on private property so why are they bonded? The 5 arrangement should be between the carrier and the land owner. The county should have 6 to part in it. 7 8 Ms. Osborn stated that bonding has been part of the code for a long time. The issue 9 requires more research. It may be one of those things that is outdated. 10 11 Commissioner McClendon asked if property taxes are paid on the towers. 12 13 Ms. Osborn stated taxes are paid on them but indicated that it would only be the 14 Assessor's Office who could comment on how these structures are assessed. 15 16 Commissioner Bell moved to remove the bonding requirement from the 17 regulations. Commissioner Elenbaas seconded. 18 19 Commissioner Onkels asked if bonding is required in other jurisdictions. 20 21 Ms. Larson stated their leases have a reversion clause stating if the structure is 22 abandoned the equipment reverts to the private property owner where the structure is 23 located. 24 25 Mr. Lyons stated there are different types of abandonment clauses in other codes. They 26 generally require removal of the tower within a certain time frame but do not require a 27 bond. There are some jurisdictions that do have a bonding requirement for the tower . 28 when it is originally built. Over time it has been shown that the abandonment clauses or 29 bonding has never been used so the codes may be obsolete. What is different about 30 Whatcom County is that bonds are required every time equipment is added. 31 32 Ms. Frakes suggested staff research this issue before the commission takes action on the 33 issue. 34 35 The vote to remove the bonding requirement from the regulations failed. 36 37 Staff will research the bonding issue and make their findings known at the next meeting. 38 39 Regarding 20.13.160-Third party review, Commissioner Bell stated it should be by mutual 40 agreement between the county and provider. 41 42 Ms. Osborn stated that whoever wrote the code had a reason for the language. She had to 43 justification to change the language. 44 45 Commissioner Vekved moved to change 20.13.160 to read: The selection of a 46 third party expert map shall be by mutual agreement between the provider and 47 the county, , with a provision for the prev der 48 and parties to ceniment an the proposed expert and review its 271 DRAFT RECORD OF PROCEEDINGS OF THE 9 WHATCOM COUNTY PLANNING COMMISSION May 22, 2014 Regular Meeting 1 gtralificatiions. The cost of the technical review shall be borne by the applicant. 2 Commissioner Bell seconded. 3 4 Ms. Frakes asked what would happen if mutual agreement can't be reached? 5 6 Commissioner McClendon stated it would be the applicant that loses so it would be in their 7 best interest to agree. 8 9 The motion to change 20.13.160 carried. 10 11 Commissioner Bell moved to keep the public hearing open to the next meeting. 12 Commissioner Vekved seconded. The motion carried. 13 14 Commissioner Vekved suggested the following changes to the proposal: 15 16 20.13.020(10) - "Collocate" means the installation of wireless services equipment on a 17 freestanding or attached wireless communication facility that may be shared by one or 18 more wireless service providers to e}th-er transmit and/or receive radio frequency signals 19 for communication purposes. For the purposes of this chapter, the terms "collocate", 20 "collocation" or "co -locate" may be used interchangeably to describe action taken by a 21 principal facility owner, an authorized agent, or a valid lessee to add wireless services 22 equipment to an existing facility 23 24 The commission discussed the definition and pronunciation of "collocate". The commission 25 and staff agreed to research the issue more and possibly add the word to the list of 26 definitions in the code making it easier to understand. 27 28 20.13.050- Uses described in this section must comply with county, state, and federal law 29 and regulations and all applicable provisions of this chapter. The administrator may refer 30 an application for a WCF Permit to a technical review committee for review and comment 31 prior to referring the application to the administrator for a decision. 32 33 Ms. Osborn suggested it could read: Uses described in this section must comply with 34 county, state, and federal law and regulations and all applicable provisions of this chapter. 35 The administrator may refer an application for a WCF Permit to a technical review 36 committee for their review 37 prior to making a decision on the application. 38 39 The commission agreed to Ms. Osborn's suggestion. 40 41 Commissioner Onkels suggested the following change to the proposal: 42 43 20.13.050(1)(a)(iv) - In all nonresidential districts: New freestanding wireless 44 communication support structures (lattice towers or monopole towers) may be collocated 45 or clustered on approved and conformingsites; ites; provided that the height of such 46 structures shall be subject to requirements of WCC 20.13.092(9)(b); and provided further 47 that the height does not exceed 150 feet. Additional height may Qnfy-be approved only by 48 special exception as provided in WCC 20.13.110. 272 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 DRAFT RECORD OF PROCEEDINGS OF THE 10 WHATCOM COUNTY PLANNING COMMISSION May 22, 2014 ular Meetin Commissioner Bell moved to adopt the proposed text changes. Commissioner McClendon seconded. The motion carried. Commissioner Vekved suggested the following change to the proposal: 20.13.040(1)(b) - The applicant or applicant's agent must also submit documentation to the administrator demonstrating that replacement construction meets Federal Communication Commission (FCC) Emission Standards. . Such documentation must be submitted at time of application for the required commercial building permit(s). Commissioner Vekved stated is does not make sense to pick out one particular report as an example. If it is not a requirement it should not be mentioned. Ms. Osborn stated this language was suggested by one of the representatives from the wireless services industry. Commissioner Vekved stated this language appears throughout the proposal and suggested it be deleted in all instances. Commissioner Vekved moved to adopt the above suggested amendments. Commissioner McClendon seconded. The motion carried. The meeting was adjourned at 9:20 p.m. Minutes prepared by B. Boxx. WHATCOM COUNTY PLANNING COMMISSION ATTEST: David Onkels, Chair Becky Boxx, Secretary 273 RECORD OF PROCEEDINGS OF THE 1 WHATCOM COUNTY PLANNING COMMISSION June 12, 2014 LRegular Meeting � 1 Call To Order: The meeting was called to order, by Whatcom County Planning 2 Commission Chair, David Onkels, in the Northwest Annex Conference Room at 6:30 p.m. 3 4 Roll Call 5 Present: Ben Elenbaas, Gary Honcoop, David Onkels, Mary Beth Teigrob, Ken Bell, Walter 6 Haugen, Natalie McClendon, David Hunter 7 Absent: Jerry Vekved 8 9 Staff Present: Mark Personius, Erin Osborn, Becky Boxx 10 11 Department Update 12 13 Mark Personius updated the commission on the following: 14 . The Critical Areas Citizen Advisory Committee has started meeting. 15 • Planning Commission schedule. 16 17 Open Session for Public Comment 18 19 There was no public comment. 20 21 Commissioner Comments 22 23 Commissioner Elenbaas stated he graduated from college last week. His final paper was 24 titled "Is Planning and Zoning Helping or Hurting Protecting 100,000 Acres of Farm Land 25 in Whatcom County". 26 27 Approval of Minutes 28 29 May 8, 2014 30 Commissioner Teigrob moved to approve as written. Commissioner Bell seconded. The 31 motion carried. 32 33 Public Hearing 34 35 File #PLN2014-00010: A proposal to amend Whatcom County Zoning Code text, Title 20, 36 Chapter 20.13 - Wireless Communications Facilities. The purpose of the proposed 37 amendments are to review and update permit processes for routine wireless 38 communication facility equipment upgrades, adding new definitions to clarify terms for 39 ease of administration and adding new language that exempts certain projects from 40 Wireless Communication Facility permit requirements when such structures or 41 improvements do not substantially increase the physical dimensions of such facilities. This 42 is a continuation of the public hearing held May 22, 2014. 43 44 Erin Osborn gave an overview of the proposal. 45 46 This proposal came about because there are no provisions for routine upgrades. Staff has 47 established a permitted uses section so routine collocations or routine maintenance can be 48 done. Staff also reorganized the chapter because it was very confusing in that it, didn't 274 RECORD OF PROCEEDINGS OF THE 2 WHATCOM COUNTY PLANNING COMMISSION June 12, 2014 Regular Meeting 1 parallel the organizational structure of the rest of the zoning code. There are also new 2 definitions which are key in applying the section on permitted uses. Planning Commission 3 recommendations, from the last meeting, have been incorporated. They include a 4 definition of "substantial change" and "incremental changes"; the meaning of "collocate"; 5 'third party review" language; "performance bonds" and applicability of the International 6 Building Code. 7 8 Representatives from AT&T submitted their recommendations. Staff drafted a memo 9 which addresses those recommendations. (see attached) 10 11 Definition of Substantial Change: Staff was in agreement with the recommendation. 12 13 Third Party Review: At the May 22Id meeting the commission agreed to the 14 representative's suggestions. 15 16 Commissioner Hunter asked what happens if agreement can't be reached. 17 18 Commissioner Elenbaas stated they won't get their permit. There was concern that if you 19 are paying for the permit you should have some input in the selection. 20 21 Commissioner Hunter stated if the county doesn't agree that would end the permit 22 process. 23 24 Ms. Osborn said the representatives stated the code should provide an applicant with an 25 opportunity to come to mutual agreement with the county. 26 27 Commissioner Hunter stated some neutral party needs to be involved if agreement can't 28 be reached. 29 30 Mr. Personius asked how many times have there been when a third party review is 31 required. 32 33 Ms. Osborn stated she did not know of any. 34 35 Staff will formulate language to address the concern. 36 37 Emergency and Routine Repair and Maintenance: Staff proposed that routine emergency 38 repair and maintenance be moved into the permitted use section. There was concern, 39 from the wireless industry, that this would make it subject to additional review. It is up to 40 the building official to determine when a building a permit is needed. Staff now proposes 41 the language be returned back to the exemption section but have a provision added that 42 states "provided that compliance with design and development standards is maintained". 43 44 Bonding: Currently a performance bond is required to cover the cost of removal should 45 the facility be abandoned. They are difficult for staff to administer. At the last meeting the 46 commission asked staff to come back with rational to justify keeping them. In the memo 47 is alternative language, which states putting a lien on the property. Bonds don't have an 48 inflation factor figured in so that raises the question of will there be enough money to 275 RECORD OF PROCEEDINGS OF THE 3 WHATCOM COUNTY PLANNING COMMISSION June 12, 2014 Regular Meeting 1 remove one in the future? Staff ultimately recommends the section be deleted and add 2 language which allows the county to put a lien on the property. 3 4 Definitions: Wireless Communication Facilities - suggested to adopt definition in SEPA and 5 delete the definition in 20.97.456 & 20.97.457. 6 7 Collocation: Staff recommends keeping the definition that the commission approved at the 8 last meeting. 9 10 The hearing was opened to the public. 11 12 Evelyn Vooge, Whatcom County: Referred to a statement from Commissioner Bell at the 13 last meeting. He had stated that tearing down a house would have no effect on anyone 14 else, which is true, however tearing down a cell phone tower could have a bad health 15 effect so there is a difference. Sometimes the owners don't care if it is torn down or not so 16 there may be more health effects. She referred to a statement from Commissioner 17 Elenbaas at the last meeting. He had stated that everyone there uses cell phones all day. 18 He did not survey everyone. She stated that fact is incorrect. In 1999 a permit was issued 19 for Nextel. Before they built their cell tower, on Double Ditch Road, they moved it back to 20 240 from 175 from the road. Why do you think they did that? If was for possible health 21 effect reasons. In the permit it was stated a Washington State professional engineer shall 22 engineer new components, including tower structure, antenna, shelter, foundation, etc. 23 for all equipment. You should keep the bond requirements because the towers are a 24 health hazard to the people near it. 25 26 Kristin Larsen, Representative of AT&T: They are in agreement with the definition of 27 "substantial change" and "third party review". She highlighted that "third party review" is 28 not required so it does not mean it will be part of all of their permit processes. The 29 permits that are needed for wireless facilities do not set criteria, within the code, for their 30 approval or denial. The decision is based on the information that is in the record. Whether 31 agreement is reached or not on a third party reviewer the information in the record will 32 decided if the permit is approved or denied. Regarding the emergency repair and 33 maintenance issue they agree that should remain exempt from the chapter. Maintenance 34 and repair of existing facilities is what the language speaks to. The word existing is key. 35 Nothing new is being added. Review has already been done on what is there to make sure 36 it complies with the standards. On the bonding requirement their leases have a provision 37 that if they abandon the facility after 90 days it reverts to the underlying property owner. 38 They don't have an issue with placing a lien on the property owner. 39 40 The hearing was closed to the public. 41 42 Commissioner Honcoop stated regarding bonds, he disagreed with AT&T's suggestion that 43 the responsibility for removing the tower be shifted to the property owner. That is a 44 convenient way to get out of the responsibility of removing their equipment. He can 45 understand the problem of the county trying to keep track of the bonds. He asked if new 46 bonds are required each time a new permit is issued for a replacement, etc. 47 276 RECORD OF PROCEEDINGS OF THE 4 WHATCOM COUNTY PLANNING COMMISSION June 12, 2014 Regular Meeting 1 Ms. Osborn stated the existing bond usually covers those issues or expansion of the bond 2 may be required. 3 4 Commissioner Bell stated the property owner is receiving an income so there is no need to 5 have a bond. There are two entities making money so the cell phone provider should not 6 bear the full burden of removal. 7 8 Commissioner Haugen stated there has been a tendency, in the American system, that 9 the full cost of removal is not budgeted into the cost of making something. That could be 10 extended to say that the people that put the equipment on the property are responsible to 11 get it off. 12 13 Commissioner Honcoop stated that in this case the property owner does not own the 14 tower so the party that put it there should be responsible to remove it. If the language is 15 changed there is a possibility that the current bonds could be removed then the 16 responsibility shifts to the property owner who had no say in this. 17 18 Commissioner Hunter stated that whatever a lease says today can say something else 19 tomorrow. He assumed AT&T was comfortable with attempting to shift the responsibility in 20 their leases to the property owners. He is not comfortable with that. There may be ways 21 of structuring the bond so it has increasing value over time. 22 23 Commissioner Elenbaas noted that some of the commissioners feel inheriting a cell tower 24 would be a burden but from what he has heard from the cell tower providers it must not 25 be a burden. Just recycling it would pay for the cost of demolition. 26 27 Commissioner Teigrob asked the AT&T representative to explain more clearly what their 28 leases say both currently and in the past. 29 30 Kelly Dunham, Representative of AT&T: It has been there policy, for about the last 15 31 years, that all equipment will be removed from the site within 30-90 days of termination 32 of the lease. If that does not happen there is a second provision that the equipment will 33 revert to the land owner. Should that happen, the landowner, if they should choose to 34 remove that equipment, it will be at AT&T's cost. 35 36 Commissioner Bell asked the cost of a bond. 37 38 Ms. Larsen stated the bond minimum stated in the code is $1,000. Every time something 39 is added or changed it is another $1,000. 40 41 Commissioner Honcoop asked if they are purchasing a performance bond or posting a 42 cash bond. 43 44 Ms. Larsen said they are purchasing a performance bond. 45 46 Commissioner McClendon stated it seems like the tower owner has an interest in having 47 an antenna removed if it is not being used or paid for. Why are there bonds on each piece 48 of equipment? Why not just the tower? 277 RECORD OF PROCEEDINGS OF THE 5 WHATCOM COUNTY PLANNING COMMISSION June 12, 2014 Regular Meeting 1 Ms. Osborn it would be nice to determine a tower's full build out might be and just bond 2 the tower, but that's not how it happens. 3 4 Commissioner Honcoop stated there are bonds on each because ownership is different. 5 6 Commissioner Bell noted that there is an insurance policy behind AT&T's policies which will 7 cover the cost of removal in addition to the cost of the bond and the civil process if 8 needed. He is not a fan of the bond. He is not nervous about the cost of removal shifting 9 to the property owner. 10 11 Commissioner Hunter stated he would be amazed if AT&T is putting together leases that 12 are of benefit to the other party. He is skeptical that a lease written today will remain the 13 same in the future. 14 15 Commissioner Honcoop agreed with Commissioner McClendon's comments. Bond's should 16 be focused on the towers. 17 18 Commissioner Bell asked if the county could be added as additionally insured on the 19 policy. 20 21 Commissioner Elenbaas asked why bonds are even needed. They aren't needed for other 22 things such as silos, tall buildings, etc. Will anyone even know if a tower is abandoned just 23 by looking at it? 24 25 Commissioner Onkels stated that the benefit to using insurance is the benefit that the 26 insurance company does the underwriting. They take care of the small details. 27 28 Commissioner Bell moved to accept the staff changes on bonding as written in 29 the memo of June 12th. Commissioner Elenbaas seconded. 30 31 Commissioner Hunter stated he will not support the motion because he is not comfortable 32 with the language. He pointed out language that stated the county may seek and obtain a 33 court order. A court order is not automatically obtained just by applying. The new 34 language introduces a court process. Do we want that? A bond is preferable because the 35 money is already there versus a lien or court order. 36 37 Commissioner Bell stated that if he had a bond he would walk away from it and let other 38 people take it down. The practical aspect is that you will be in court anyway if you 39 abandon a site. 40 41 Commissioner Honcoop stated the insurance company can come after you. You can't just 42 walk away from the bond. 43 44 The vote on the motion to accept the staff changes on bonding as written in the 45 memo of June 12t" failed. 46 47 Commissioner Honcoop asked if the 30 and 90 day time periods mentioned in the text and 48 new or existing. 278 RECORD OF PROCEEDINGS OF THE 6 WHATCOM COUNTY PLANNING COMMISSION June 12, 2014 Regular Meeting 1 Ms. Osborn stated they are existing. 2 3 Commissioner Honcoop asked if they could be changed. He felt the time period was not 4 long enough to remove a tower. What is the rational for the time period being so short? 5 6 Ms. Osborn stated this is existing language that may have been based on a model code in 7 the state. 8 9 Commissioner Haugen moved to adopt staff's recommendation minus bonding, 10 third party review, emergency and routine maintenance and definition of 11 substantial changes. The motion failed for lack of a second. 12 13 Commissioner Honcoop moved to accept proposed language in the memo 14 regarding 20.13.020(19)(a). Commissioner Teigrob seconded. The motion 15 carried. 16 17 The following motions were made regarding Exhibit A. (attached) 18 19 Commissioner Hunter moved to accept section 20.13.010 as written. 20 Commissioner Haugen seconded. The motion failed. (This section was adopted at 21 the previous meeting.) 22 23 Commissioner Hunter moved to accept section 20.13.020(10) as written. 24 Commissioner Haugen seconded. The motion carried. 25 26 Commissioner Honcoop moved to retain the language in section 20.13.030(6) 27 and add the language proposed by staff in the June 12t" memo. Commissioner 28 Hunter seconded. The motion carried. 29 30 Commissioner Hunter moved to accept the changes to section 20.13.040. 31 Commissioner Teigrob seconded. The motion carried. 32 33 Commissioner Teigrob moved to accept the changes to section 20.13.050 and 34 20.13.050(1). Commissioner Honcoop seconded. 35 36 Commissioner Onkels made a friendly amendment to change 20.13.050 to read: 37 Uses described in this section must comply with county, state, and federal law 38 and regulations and all applicable provisions of this chapter. The administrator 39 may refer an application for a WCF Permit to a technical review committee for 40 theor its review and comment prior to referring the application administrator for 41 prior to making a decision on the application. Commissioner Hunter seconded. 42 The motion carried. 43 44 The motion to accept the changes to section 20.13.050 and 20.13.050(1) carried. 45 279 RECORD OF PROCEEDINGS OF THE 7 WHATCOM COUNTY PLANNING COMMISSION June 12, 2014 Regular Meeting 1 Commissioner Teigrob moved to accept the change to 20.13.050(i)(a)(iv). 2 Commissioner McClendon seconded. The motion carried. 3 4 Commissioner Hunter moved to accept the language in 20.13.092(11). 5 Commissioner Haugen seconded. 6 7 Commissioner Hunter stated he does not understand why this language is in the general 8 design standards section. 9 10 Ms. Osborn stated it may have to do with the condition and appearance if the equipment 11 is abandoned. 12 13 Commissioner Teigrob noted there is language in 20.13.150 regarding removal. 14 15 Ms. Osborn stated that the way the code is structured there is a provision for removal of 16 the facilities, in the design standards is language regarding the performance bonds and in 17 the application requirements there is reference to the performance bond. They refer to 18 different things. 19 20 Commissioner Hunter stated the language in 20.13.092(11) belongs in 20.13.130. Also 21 the language in 20.13.120(6) needs to be changed in some way. 22 23 The vote to accept the language in 20.13.092(11) failed. 24 25 Commissioner Hunter moved to move the language in 20.13.092(11) to 26 20.13.130. Commissioner Teigrob seconded. The motion carried. 27 28 Commissioner Hunter moved to amend the language in 20.13.130(6) to read: 29 The applicant shall submit a letter of credit, performance bond or other Security 30 acceptable to the county, as described in WCC.... Commissioner Haugen 31 seconded. 32 33 Commissioner Honcoop spoke against taking out the wording "or other security as 34 acceptable to the county" because there may be circumstances where a performance bond 35 can't be obtained. 36 37 Commissioner Hunter stated that if the language remains the language in moved from 38 20.13.060(11) needs to be changed. 39 40 Commissioner Honcoop made an amendment to the motion to read: The 41 applicant shall submit a letter of eredit, performance bond or other security 42 acceptable to the county, as described in WCC.... Commissioner Hunter 43 seconded. The motion carried. .E RECORD OF PROCEEDINGS OF THE 8 WHATCOM COUNTY PLANNING COMMISSION June 12, 2014 Regular Meeting 1 The motion to amend the language in 20.13.130(6) to read: The applicant shall 2 submit a letter of eredit,, performance bond or other security acceptable to the 3 county, as described in WCC.... carried. 4 5 Commissioner Honcoop moved to change the wording in 20.13.130 (previously 6 20.13.092(11)) to read: Performance Bond or Other Security Acceptable to the 7 County. The operator of the facility shall obtain and keep in force throughout the 8 time the facility is located on the site a performance bond or other security, 9 acceptable to Whatcom County, payable to Whatcom County in the amount of 10 150 percent of the estimated cost of removal as determined by the director, but 11 not less than $1,000. The bond is intended to cover the costs of removal of such 12 facility at such time as the facility may be required to be removed pursuant to 13 WCC 20.13.150. Commissioner Bell seconded. The motion carried. 14 15 Commissioner Onkels commented on 20.13.150 stating six months is not enough time to 16 remove an abandoned facility. The period of time should be at least a year. 17 18 Commission Onkels moved to change 20.13.150 (lines 13-22 of Exhibit A) to 19 read: In any case, if the county finds that any antenna or wireless 20 communication support structure has not operated for a continuous period of six 21 months, the owner or lessee of the property on which the wireless 22 communweatmen support strueture or antenna is situated or the owner of the 23 wireless eommunieations antenna or support structure shall remove the facility 24 within 90-days 18 months of receipt of notice to remove from the county. If the 25 abandoned facility is 26 not removed within said time period, the county may remove the antenna or 27 wireless communication support structure at the owner's expense. If there are 28 two or more wireless communication providers on a single wireless 29 communication support structure, this provision shall not become effective until 30 all providers cease using the wireless communication support structure..... 31 Commissioner Bell seconded. 32 33 Ms. Osborn indicated that staff recommended language that would put a lien on the real 34 property if the facility is abandoned. 35 36 Commissioner McClendon stated if there is a bond in place why the concern about having 37 the tower taken down? 38 39 Commissioner Honcoop stated the county should make it easier for the towers to stay in 40 place. What is the point of taking them down if they may be used again to improve 41 service? 42 43 The vote on the motion to change 20.13.150 (lines 13-22 of Exhibit A) to read: 44 In any case, if the county finds that any antenna or wireless communication 45 support structure has not operated for a continuous period of six months, the 46 owner or lessee of the property on which the wireless communication support 47 structure or antenna is situated or the owner of the wireless communications 48 antenna or support structure shall remove the facility within 99ays 18 months 281 RECORD OF PROCEEDINGS OF THE 9 WHATCOM COUNTY PLANNING COMMISSION June 12, 2014 Regular Meeting 1 of receipt of notice to remove from the county. If the 2 abandoned facility is not removed within said 3 time period, the county may remove the antenna or wireless communication 4 support structure at the owner's expense. If there are two or more wireless 5 communication providers on a single wireless communication support structure, 6 this provision shall not become effective until all providers cease using the 7 wireless communication support structurefailed. 8 9 Commissioner McClendon stated there should be language that the performance bond has 10 to be maintained. 11 12 Commissioner Teigrob suggested adding language about the tower becoming dangerous. 13 14 Commissioner Honcoop stated there needs to be a limit. The time period can't be left open 15 forever. 16 17 Commissioner Honcoop moved to change 20.13.150 (lines 13-22 of Exhibit A) to 18 read: In any case, if the county finds that any antenna or wireless 19 communication support structure has not operated for a continuous period of six 20 months, the owner or lessee of the property on which the wireless 21 communication support structure or antenna is situated or the owner of the 22 shall remove the facility 23 within 90 days 36 months of receipt of notice to remove from the county. If the 24 abandoned facility is 25 not removed within said time period, the county may remove the antenna or 26 wireless communication support structure at the owner's expense. If there are 27 two or more wireless communication providers on a single wireless 28 communication support structure, this provision shall not become effective until 29 all providers cease using the wireless communication support 30 structure... Commissioner Teigrob seconded. The motion carried. 31 32 Commissioner Hunter moved to accept the proposed language in 20.13.160(4). 33 Commissioner Haugen seconded. The motion failed. 34 35 Commissioner Hunter spoke to the issue of mutual agreement. He thinks the county can 36 require a third party expert. If they require that and agreement is not reached that can 37 stop the process. Language should be added that states: if mutual agreement can not be 38 reached then the third party will be selected by .... It needs to be a third non -interested 39 party to select the third party expert. Perhaps there needs to be a list. 40 41 Commissioner Honcoop likes the language the way it was proposed in Exhibit A. 42 43 Mr. Personius noted that if mutual agreement can't be reached the county may get sued 44 for blocking its own permit process. 45 46 Commissioner Honcoop asked if there is appeal process for this. 47 48 Mr. Personius stated if they applied for a building permit there would be. 282 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 RECORD OF PROCEEDINGS OF THE 10 WHATCOM COUNTY PLANNING COMMISSION June 12, 2014 ular Meeti Commissioner Haugen asked the AT&T representative had any concerns about the language as it was originally proposed. Ms. Larsen stated she had no problem with the language. Ms. Osborn reviewed the two new definitions for "Wireless Communication Facility" and "Wireless Communication Services" that were proposed on page 6 and 7 of the June 12t" memo. She recommended approval of the language. Commissioner Teigrob moved to accept the proposed language. Commissioner McClendon seconded. The motion carried. Commission Teigrob moved to strike definitions in 20.13.020(16) & (17); 20.97.456; and 20.97.457. Commissioner Hunter seconded. The motion carried. Commissioner Hunter moved to adopt the amended Chapter 20.13, as amended and associated findings. Commissioner Teigrob seconded. Roll Call Vote: Ayes - Bell, Elenbaas, Haugen, Honcoop, Hunter, McClendon, Onkels, Teigrob; Nays - 0; Abstain -0; Absent - Vekved. The motion carried. The meeting was adjourned at 10:00 p.m. Minutes prepared by B. Boxx. WHATCOM COUNTY PLANNING COMMISSION ATTEST: David Onkels, Chair Becky Boxx, Secretary 283 File # PLN2014-00010 Wireless Communication 1 2 EXHIBIT "A" 3 4 Chapter 20.13 5 WIRELESS COMMUNICATIONS FACILITIES 6 Sections June 2, 2014 7 20.13.010 Purpose. 8 20.13.020 Definitions. 9 20.13,030 Applicability - Exemptions. 10 20.13.040 Permitted Uses. 11 20.13.050 Administrative Ap royal Uses. 12 20.13.060 Conditional Uses, 13 20:1-3:04G----20.13.070 _Nonconforming uses and structures. 14 20.13.080 Prohibited Locations 15 20:13.050_20.13.085 Siting priorities-ap4-praiii-bited loGatteias. 16 20 4- 3 000 20.13.090 Design and development standards. 17 2f}.13.9�0— Additicaead-standards ferresid�nreiated t+sts 18 20:13 G80---Add4+onat--standards-for-retires de^¢=^ re!a � d �str:ci 19 20-1-3-.090---20.13.100 Temporary uses. 20 2G -3-.100-- - efess-cem-m-uniGation iisty-peri-1 t 21 20.13.110 Special exceptions. 22 20.13.120 Application requirements and conditions of issuance. 23 20.13.130 General criteria for issuance of permits. 24 20.13.140 Federal requirements. 25 20.13.150 Removal of antennas and support structures. 26 20.13.160 Third party review. 27 20.13.170 Appeals. 28 20.13.010 Purpose. 29 The purpose of this chapter is to setforth-theestablish regulations for the placement, development, 30 permitting, and removal of personal wireless communications facilities including support structures and 31 antennas. "4heso standards were developed to comply with the Federal Telecommunications Act of 1996. 32 They are intended to protect property values and minimize visual impact while furthering the development 33 of enhnccd telecommunication services in the county. 34 The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the 35 effect of prohibiting personal wireless services. This chapter shall not be applied in such a manner as to 36 discriminate between providers of functionally equivalent personal wireless services. 37 In reviewing an application to provide personal wireless service or to install personal wireless service 38 facilities, the county shall act within a reasonable period of time, taking into account the nature and scope 39 of the application and the required notice and necessary review process. Any decision to deny an 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 File # PLN2014-00010 Wireless Communication June 2, 2014 application shall be in writing, supported by substantial evidence contained in a written record. (Ord. 2000-006 § 1, 2000). 20.13.020 Definitions. As used in this chapter, the following terms shall have the following meanings. Other words and terms shall have meanings assigned to them by Chapter 20.97 WCC or if not defined in this chapter or Chapter 20.97 WCC, the meaning customarily assigned to them. (1) "Administrator" means the director of planning and development services or his d (2) "Amateur radio" or "ham radio" means radio facilities operated for noncommercial purposes by individuals licensed by the FCC with an interest in construction and operation of radio equipment, usually as a hobby or vocation. (3) "Ancillary equipment facility (AEF)" means an unstaffed structure used to contain ancillary equipment for a WCF. Such structures include cabinets, shelters, remodeled structures, pedestals and other similar structures. Ancillary equipment may include air conditioners and emergency generators. (4) "Antenna" means anv dole. canel. reflection disc. or similar device used for the transmission or antennas, and parabolic antennas. (45) "Antenna array" means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. An antenna array can be made up of one or more antennas including but not limited to the following: (a) Directional antenna (also known as a panel antenna) which transmits signals in a directional pattern of less than 360 degrees. (b) Omni=directional antenna (also known as a whip antenna) which transmits signals in a 360- nna (also known as a dish antenna) which is a bowl shaped device that smits signals in a specific directional pattern (e.g., point-to-point).\ wafer-tGweers t-together-with-any-aGGGr paplmo-pope ent�ev� (a#tasl�rx�en deviee� wl�ieh attaehe- t-1 antenna-arr to-t�ae existing binding sr truetu trans ss ens a equipm,ent-fac ill- which-rnay- e-rotated-e+t-h-,er ire-sid--er-Gutside of--the--af�e ts�G sure. _"Attached wireless communication support structure" is a suppor structure not specifically designed and constructed to support an antenna array. Such structures may nclude but are not limited to buildings 2 285 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 File # PLN2014-00010 Wireless Communication June 2, 2014 or structures,__utilijy poles signs,_ and water towers.together with any accompan inDole or device. (attachment device which attaches the antenna array to the existing building or structure. "Attached wireless communication facility" is a wireless communication facility that utilizes an attached wireless communication support _structure _as defined in WCC 20.13.020(6)._It means the site, the leased area attached wireless communication s9p-pert structures, antennas, antenna array(s), accessory ecuioment structures. and aoourtenances used to transmit. receive. distribute, orovide or offer oersonal wireless t device) which attaches the antenna arrav to the existing building or structure, transmission cables, and an ancillary inside or outside of the _(68) "Citizens band radio" means two-way radio facilities operated for communications, without necessity of a federal license, pursuant to 47 Part 95. (79) "Clustering" means the placement of more than one wireless single site either by one provider or by several different providers. 10) "Collocate" means the install nd business I Register munication, support structure on a wireless communication taciiity that may oe snareo oy;:one or more wireless service providers to eiu4eF transmit and/or receive radio free uencysignals for communication purposes. For the purposes of this chaoter. the terms "collocate'. "collocation or "co -locate" may be used interchangeabiv to describe act rincipai facility owner, an authorized 3 an existino`facilitv.;.Note: The soell ind in accordance with 25 I (911) "Direct -to -home satellite service" means the distribution or broadcasting of programming or services 26 by satellite directly to the subscriber's premises without use of ground receiving or distribution equipment, 27 except at the subscriber's premises or in the uplink process to the satellite. 28 ('1412) "FAA" means the Federal Aviation Administration. 29 (1413) "FCC" means the Federal Communications Commission. 30 31 32 33 34 (14) "Freestanding wireless_ communication facility" means the site, the lease area freestanding wireless communication support tower(s), antennas antenna array(s), accessory equipment structuresL and appurtenances used to transmit, receive, distributeprovide or offer personal wireless communication services. Freestanding wireless communication facilities include but are not limited to antennas, poles, towers, cables,wires, conduits,_ ducts, pedestals, vaults, buildings, and electronic switching_ equipment. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 File # PLN2014-00010 Wireless Communication June 2, 2014 _C15� Freestanding wireless communication support structure" is a freestanding structure, designed and constructed to specifically support an antenna array, and may include but is not limited to any of the structures listed below: (a) "Lattice tower" means a wireless communication support structure which consists of a network of vertical and horizontal supports and crossed metal braces, forming a tower which is usually triangular or square in cross-section. (b) "Monopole tower" means a wireless communication support structure consieing of a si pole to support antennas and connecting appurtenances. "Cuved tower" means anv variety of wireless communication support structures usinq wire s of a communication support for wireless communication towers antennas,_ and, connectinc�appurtenances 2000-006 1, 2000). (4-216) "Personal wireless communications services" means wireless cornfrunications services. (1-317) "Satellite earth station" means the facilities used for reception and processing of programming services from a satellite prior to transfer to terrestrial distribution systems or for processing of programming and services from a terrestrial source before transmission via satellite. (1-418) Site. For the purpose of this cha contain a base station, buildinq(s)or str subdivision regulations, site easement < is or will be located. "site" means a building, str et-ure, leased area which may ire in"compliance with the -provisions to -of Whatcom County i or lot of record upon which a wireless communications facility (a) The installation or;mounting of wireless services equipment on an existing support structure that would increase the overall, height of the structure by more than ten percent or ten twenty feet, whichever is less areater: orovided that anv such increase in height must conform to the provisions of this chapter; or AJ Tl�e'-iY-�J'L"Q�'iQ-Lt�"1-1-0!"fR®u"f�It�nr �0iNT1-iL 't-'Lt'1`ai tl�i "{ Qdan _ qP +— ^Co the-1b7od•� f4 s#uP�+�`u- e prat udir�g fxet-tk�e-edge-of-theme The installation or mounting of equipment that would involve adding an appurtenance to the body of the structure that would protrude from the edge of the structure more than twenty feet r-esultOgAn-ae 9vera4AMdth-of--#ie-structure "- ^ore than tee percent; -or 1-9 feet or more than the width of the structure at the level of the appurtenance, whichever is less greater, er--; 4 287 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 File # PLN2014-00010 Wireless Communication June 2, 2014 Provided that in making determinations as to whether or not project proposals constitute a substantial change as described in (a) or (b) above and in order to limit incremental and cumulative effects concerning the overall size of such facilities measurements shall be taken to establish a base line for determining whether or not proposed changes constitute a substantial change; such measurements shall be taken from the dimensions of the existing facility as it was approved and constructed under the original building permit issued by Whatcom County. s-, 1 E . four --feet;- shever-bs q_reatet . (1-520) "Unlicensed wireless services" means commercial mobile services that operate on public frequencies and do not need a FCC license. services. spes+fi - array;-and-naayanclude-bums-noi4rn-ited-to-wthe-str�astuas listed belov�d-u-v c-e4att Ghmint-dewGe}-w"- ®��+}arm attaehed-WC-F-to-an-eXi,tiPg--tr ire (�¢f�nhmon+.�-�,c�v�l.rfod-$r-orri-fhh�s-definitioRa: ccuvrrrnyr-� )-�c�c. (a;:�attise-tewe�-r�aea�s-a-�ui��l�s�-cemm�n;2t;^^s su�o�st�uoture-��rbich-eonsi�ts-ova ne�N+ efi-Gf -verti �her U Haste(-bxaoe � mi a tewer w Fs usoaat-y--ring u ler-or-square-i n-cress-section 5 MN 4 5 File # PLN2014-00010 Wireless Communication June 2, 2014 Fb� 0on,opde-tower--Rearm.-a-wlretes-s--€ emm- u-a--single pole-to-s'upp appui tienaf ^.es-. (o)'Guyed-tewer-"-means-an-varietyof-wirelas-s-communicaton-supportstru G¢u�r�s-usi+ wg r--guys csnnecting-above-grade-pertie�-come cam§ �s4ppo;t-s#u-c-ture-diagonall-y-w4h-thc--ground-or-the str tcture-onrwh+G4-t tower-is-placed--The-purpose--af lhe--1gUys-+S, for-WW&L-SS 6 ( , nten as -,and -connecting a'p u'rte, a'nces �flrd 99L� 446 1 908)- 7 20.13.030 Applicability - Exemptions. 8 The requirements of this chapter shall apply to all new personal wireless communications facilities and 9 the expansion and/or alteration of any existing personal wireless communications facilities.' The following 10 are exempt from the provisions of this chapter: 11 (1) Satellite earth stations using antenna(s) not more than two meters in diameter in commercial and 12 industrial districts and direct -to -home satellite services. 13 (2) Send and receive citizen band radio antennas or antennas operated by federally licensed amateur 14 ("ham") radio operators. 15 (3) Industrial, scientific and medical equipment using frequencies regulated by the FCC. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 (4) Military and government radar antenna: purposes as regulated by the FCC under 4 respectively. (5) Military and federal, state preparedness and public saf, the provisions of this cha munication towers used for navigational Register Parts 97 and 95 t communications facilities used for emergency th Policv Act (SFPA). unless (1) Replacement construction: In all districts: Replacement of any component of an existing freestanding or attached wireless communication facility, and/or replacement of any component of an existing ancillary equipment facility on existing, approved and conformingsites; tes; provided that such replacement does increase the total number of components lawfully existing on the site at the time of application for such replacement constructionz :M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 310 31 32 33 34 35 36 37 38 File # PLN2014-000 10 Wireless Communication June 2, 2014 and further provided that Aattreplacement sgc construction does not "substantially increa-qe change the _ physical dimensions" of the individual components being, replaced as defined in WCC 20.13.OZQL1_a). Determinations made as to whether ornotreplacement Proposals substantially in ease change the physical dimensions of existinci facilities shall be made by the administrator asfollows- LaL_The applicant or applicant's um agent must submit docentation to the administrator that demonstrates that replacement construction Proposals do not substantial) v ii�� change the dimensions of such facilities as defined in WCC 20.13.020(19). Examples of such documentati( mayinclude specification sheets and/or area calculation replacement equipmerlt much documentation must be,. interview for the required commercial buildingpe rmit( (s). The applicant or applicant's agent must also submit demonstrating that replacement construction meets Emission Standards. Exam-ole f—,uGh-deGumAanta buildina Per New anten sti itted at tim I In all districts: New antennas or new antenna arrays may be:constructea on or aciaeg to existing, attached or freestanding wireless communication facilities on existing , approved and conforming sites; provided that such new antennas or antenna arrays do not "substantially increase change the physical dimensions" of such facilities, as defined in WCC 20A 3.020(19); dimensions of the admi Iv increase the a) The applicant or applicant's -agent must submit documentation to the administrator that demonstrates that the-orboosed new antenna or new antenna array construction does not substqn increase change the dimensions of such facilities. Examples of such documentation may inchAdO specification sheets and/or area calculations for both the existing and the proposed new,ecuioment. Such documentation must be submitted at the time of_qEq:qpplication interview fr thEirecuired commercial buildina oermit(s) (b) The applicant or applicant's agent must also submit documentation to the administrator that demonstrates that anv new antenna(s) meet Federal Communication Commission (FCC) Emission Standards. mac was— -- Such documentation must be submitted at tiM�q ofa application for the required commercial building_permit(s). 7 290 l 2 3 4 G 6 7 0 9 10 11 12 13 14 15 16 17 lQ 19 20 21 22 23 24 25 26 27 ZQ 29 20 31 32 33 34 | File #pLNZ0l4-000l0 Wireless Communication June 2,20l4 _qncy maintenance and regairs to existing free�Laij attached wireless communication facilities, and ancillary equipment facilities which do not chanc .4e the s i�ze otgdntor bulk of such facilities -and which otherwise comQlv with the countv state, and federal law and n*ou|ationn. The followiqg__LLqgs are considered administrative approval uses and shall require a Wireless hallbe subiect to a threshold determination in accordance with the Whatcom Countv SEPA qateggr ded that WCFpermit proposals located in nonresidential Uses described in this section must comply with count , state, and feder applicable provisions of this chapter. The administrator may refer an app technical review committee for their review a-nd Le��f prior to making a decision on the application. 1) Wireless Communication Facility MCF) permit existing freestanding or attached wireless communication structures,on e litie � that substantial shall all dimensions ofofaci|itvemdefined inVVCC 2013.020(19) mavbeaoorovedbythe administrator thrnugh aqent must also submit, docu m entation to the administrator tl- ��et Federal bommuniC2tion Commission (FCC) Emission Sta clustered on existin , approved and conforming wireless communication facility sites in the following residential related districts: Urban Residential. Urban Residential Medium, Urban Residential Mixed Neiqhborhood Commercial, nd Eriza island: provided that the site does not also contain residential uses. LIL �K�� u��n l 2 3 4 5 6 7 Q g 10 11 12 13 14 B 16 17 18 19 ZU 21 22 23 24 25 26 27 28 29 30 81 32 33 34 35 File #PLN20l4-000l0 Wireless Communication June 2,2014 related zone by�_��feqt;_provicled, the appiLcant demonstrates that the structure's height is the minimum nece�qary to adequatell function, or if collocation is specifically_qrovilded for on the tower. The additional 15 feet for collocation may be gdded to the 15 feet necessary for adequate fun_ction for a total of 30 feet in the event both situations _pqrtain. [Moved from: WQQ 20.13.Q7gLj)LbA (iv) In all nonresidential districts: Nawfn*estandina mjne|eao communication nuppmf structures (lattice orclustered ona that the heiohtofsuch structures ahsd| beoub|eottorequirements ofVVCC2O.13.OA2(9)(b)iand provided further that the heiaht does not exceed 150 feet. Additional heiaht may opJv-be_q�� only bV special (b) New attached wireless communication facilities: New attached wireless communication facilities may be approvecl.�y the administratof through issuance of a WCF Permit, and subiect to_q_Le_quired commercial building oermit(s),as brovided below. (i) In all residential districts: New attached wireless communication facilities,br new antennas attached to existinc i attached wireless communication structures thgt utirize a nonresidential structure on a parcel or lot not used primarily for residential purposes; provided, the antenna is not more than 15 feet above the roof or oaraoet wall or top of structure (if not a building).- 'In'stallation of dish antennas on the roof of an attached wireless communication structure mav be o(§rmitt&d as a WCF permiff the applicant demonstrates to the administrator that such OroDosaf,satisfies the special exception criteria pursuant to Cijijn all non-residential related districts: Ground-, mounted dish antennas may be located on existing approved, conforLn' vided th�at the, site is not used exclusively for r .,sioential _purposes. LMove (iii) In all residential related districts: 'Ground mounted dish antennas may be located on existing noroved, conformina, sites. Drovided that the site is not used exclusively for residential purposes and th antenna is not more than 15 feet above around level nor more than 12 feet in diameter. rMoved from: (c) New antennasor antenna arrays on existing freestanding wireless communication facilities or existin attached wireless communication facilities on existipg__qpp�ovecl and conforming sites; may be appLaved by_the a.dministrator throuqh issuance of a WQF Permit, and subject to required commercial building permitUsQ_Ln alLnonresidential districts: New antennas or antenna arrayq_m freestanding _gy be qdded.to existing wireless communication 5qpport structures on_�xis _ a roved and conforming sites, provided that the �eight of such new antennas or antenna arrays shall not extend more than 15 feet above the attachment 01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 M File # PLN2014-00010 Wireless Communication June 2, 2014 00 In all residential districts: New antennas or antenna arms may be added to existing freestanding wireless communication support structures on approved and conforming sites; provided that the height ofof such new antennas or antenna arrays shall be subject to the requirements of WCC 20.13.092(9)(b). LNMoved fromWCC 20.13.070(2)(i� (iii�ln al( residential districts; New antennas on existing attached wireless communication structures that utilize a nonresidential structure on a parcel or lot not used primarily for residential purposes; provided, the antenna is not more than 15 feet above the roof or parapet wall or too of structure (if not a buildinq). itted as a WCF rsuant to WCC 20.13.1 20.13.070(2)(a)1 residential purposes; provided, the anten from: WCC 20.13.080(2)(bJCc (2) Ancillary E uipment Facilities a) New ancillary equ!pment facilities or r dimensions of an existing_ facility as defin aooroved. conforming sites as an Ancilla Ancillary gqu such ancillar, ipment when i mmunication nas attached on tially increases the ipment r-acuity jAtt -) unaer the scope or a vvl,r- permit. odeled structures, pedestals and other similar structures. -s, emergency generators, and GPS units. Installation of scope of a WCF permit shall conform to on inal time or as further amended by the administrator. (1) The followi(Ig"uses shall require conditional use permit approval by_th_e hearing examiner, and shall k processed.inaccordaice with ICC 20.84 and WCC 2.33 and shall be subject to a threshold determination in accordance with the Whatcom County SEPA Ordinance unless categorically_ exempt. Such uses shaill ct moivwvith county, state. and federal law and regulations and all applicable provisions e applicant or applicant's agent must also suk that anv new antennas meet Federal Commu emiss;OR reporter The administrator may refer an application for a conditional use to a technical review committee for review and comment prior to referring the application to the hearing examiner for a decision. La) New freestanding wireless communication facilities: 10 293 l Z 3 4 S 6 7 D 9 10 11 lI 13 14 � 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 File #PLN20l4-000lO | Wireless Communication June 2, 2014 In all nonresidential related districts: Newfnaeshandino wireless communication facilities that utilize lattice tower or monor)ole wireless communication suppqrt structures� provided that the heiqht of such structures hall be subject to the requirements of WCC 20.1 3.092(9)(b - and further rovided that the heiaht does- not exceed 150 feet. Additional heiqht mav only be approved bv soecial exception as Dii New freestanding wireless communication facilities that utilize lattice towers followinq residential related districts: Rural, Rural Residential, Rural Residential height of such structures shall be subject to the requirements of WCC 20.13.09 (iii) New freestandina wireless communication facilities that utilize mon000le tm nResidential K8ediu Iv in -the followi Neighborhood Commercial, and Eliza Island; provided that the site does not alto contain existing residential uses provided that the height of such structures shall be subject to. the requirements Of W( _New Attached Wireless Communication facilities: (i) In ail non-residential related districts: New attachedl,wireless communication facilities that utilize a residential structure on a site used exclusively for residehtial lqutposes shall require a conditional use nermit: orovided that the antenna shall not extendrnore thah.1 5 feet above the roof or i)arar)et. I`Mov( residential � more than M tial building or on a parcel used exclusively fo provided that the antenna shall not extend e if not a buildina) and that the requirements of nQ examiner shall have the a 15 feet in order to attain com ittedunder th ma)�be p6rmitf d,sep , 6ratelv as an AEF under a WQF permit pursuant to WCQ 20.13.060. Such structur6s�'include cabinets, shelters, remodeled structures, pedestals and other similar structures. Ancillary eLujpn2ent may include air conditioners, emergency generators, and GPS units. Installation of such ancillary eguipment when included in the scope of a condifionalq����� time frames for completion set by the hearing ner or as furl -her amended by the hearing,examiner. 20.1Nonconforming uses and structures. communications fac| in operation as of the effective date of the ordinance codified in this chapter or amendment hereto, 11 1 2 3 4 5 6 7 8 9 10 11 12 File # PLN2014-00010 Wireless Communication June 2, 2014 including vested applications for such facilities, that do not conform to the use standards or development standards of this chapter whereby declar-ed--noncenforrn+ng-4se-sand-shall be subject to the provisions of Chapter 20.83 WCC governing nonconforming uses. Routine maintenance on existing towers and antennas is permitted as provided in WCC-20 3 g30(a; UV C 20.13.050. However, any construction other than routine maintenance on existing non -conforming towers, antennas, buildings or other facilities shall comply f I y_with the requirements of Chester 20.83 WCC governing nonconforming uses artd this chapter-{Crd_2 §�. 20,13.080 Prohibited Locations. (a) New attached antennas or antenna urtenant structures, such as 13 (b) New freesta 14 Residential, Url 15 Island districts. 16 (c) New freesta 17 dishes) are prol 18 Neighborhood { 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Shoreline P shall not be mounted, this prohibition shall i and n Residential Medium. Urban Residential Mixed ina wireless communication su m. Urban Residential Mixed n of the Whatcom Cou 20.13.050-085 Siting priorities . (1)_-In reviewing applications for new freestandinq wireless communication facilities, and new attached wireless communication facilities the approving authority shall evaluate the proposal in relationship to the following siting priorities-and--�+t-ed !eca�s. Unless the facility will be located at the highest priority location, the applicant shall demonstrate that: (a) None of the higher priority locations are available; or (b) If one is available it is not a feasible location for the proposed facility; or (c)Y-If feasible, the location is less desirable than the one proposed from the standpoint of minimizing impacts on surrounding land uses. (2)= For the purpose of this seEtionchapter: (a) --Residential related districts shall -include Urban Residential (UR), Urban Residential Medium (URM), Urban Residential Mixed (UR-MX), Eliza Island (EI), Neighborhood Commercial (NC), Rural Residential (RR), Rural Residential Island (RR-1), and Rural (R) Districts; 12 295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 File # PLN2014-00010 Wireless Communication (b)_-Non-residential related districts include_ June 2, 2014 (i_Commercial districts,_-shah-Enckude-Ruraiincludinci Rural General Commercial (RGC), General Commercial (GC), Resort Commercial RC and Tourist Commercial TC -� Districts and enI (e} ii -Industrial districts s-4a44ne46deincluding Heavy Impact Industrial (HII), Light Impact Industrial (LII), Gateway Industrial (GI), Rural Industrial and Manufacturing (RIM), General Manufacturing (GM), Airport Operations (AO) and the Cherry Point Industrial District,(CP-ID); and (d-)iii -Resource districts sbeid-include-includbg_Agriculture (AG), Commercial Forestry (CF), Rural Forestry (RF) and Recreation Open Space (ROS). (3)_-Siting Priorities. Listed in descending order with the highest priority first: (a)_ Collocated attached --antennas on ai nonresidential buildings and structures, freestanding wireless communications t (b)._-Collocated attached -antennas on are nonresidential buildings and strut freestanding wireless communication exclusively for residential purposes. 19 I (c) Attaehed a 20 nonresidential 21 I (d)_-New frees 22 locations > in re: 23 I (e) -New A#ae 24 nonresidential 25 exclusively for 26 27 28 29 30 31 296 mmunication structures that cated antennas on existing ntial related districts. is communication support structures that and -collocated antennas on existing E)ntial related districts on property not used n attached wireless communication structures such as in nonresidential related districts. on support structures at in-rem-ote, low visual impact rce and industrial districts. :hed wireless communication facilit buildings and structures in residential related zones on property not used residential purposes. -New freestandinc tmercial districts. (g)= Locations other than those listed above. 0 - support structures at low visual impact locations in �$w�u p perms §,��tu; ecv-are-prokirbited-an-! a+�ds-with i+�-the-j u ri sdtctie+�-of-tbe-�hateorr� Cs�a n,�y Shoreii4ie-P-rogram-49--d 40-14-04-3,-§ 2-Ex-h—B-j200a}- 13 File # PLN2014-00010 Wireless Communication June 2, 2014 1 20.13.060-090 Design and development standards. 2 1-.091 Design and Development Standards. The development standards set forth below shall apply to 3 all wireless communications facilities. These developments standards are minimum standards and shall 4 be in addition to any development standards or project review process which applies in the underlying 5 district in which a wireless communication facility is located. In the event of a conflict between the 6 provisions of this chapter and the general development standards of this title, or the project review 7 process, the more stringent provision shall govern; provided, that where a provision of this chapter is the 8 more specific in its application to wireless communication facilities that provision shall prevail regardless 9 of stringency. 10 (1) Anti -Climbing Devices. All freestandin_ and attached wireless communications support structures and 11 required fencing shall be equipped with appropriate anti -climbing devices. 12 I (2)_-Attachment to Trees Prohibited. It is prohibited to attach any wirelesscommunication facility or portion 13 thereof to any tree. 14 (3) Signage. All freestanding and attached wireless communications support structures shall be identified 15 with ana nonilluminated sign not exceeding four square feet. The sign shad list the wireless service 16 provider's name and emergency telephone number and shall be posted in a place visible to the general 17 public. No advertising signs shall be located on support structures or antennas, however arrays may be 18 camouflaged as otherwise permitted signs. 19 I (4)_-Lighting. All freestanding and attached \PJ-TOe�wireless communications facilities shall not be 20 illuminated except where required by the FAA. 21 I (5)-.-Painting. All freestanding and attached Wireeiss wireless communications facilities shall be painted or 22 finished in a manner that blends with the dominant color of the background except where otherwise 23 required by the FAA. The applicant and the operator of the facility shall have a continuing duty to maintain 24 such paint or finish. 25 I (6), Noise from Accessory Equipment. Accessory Equt ent Facilities shall comply with state noise level 26 standards under Chapter 173-60 WAC, as amended. Generators may only be permitted for emergency 27 operation purposes. If air conditioning or other noise generating equipment is proposed, the applicant 28 shall provide information detailing the expected noise level and any proposed abatement measures. This 29 may require noise attenuation devices or other mitigation measures to minimize impacts. 30 I (7)_ Copies of deeds or other instruments such as lease agreements and site easements that establish 31 the applicant's right to use the site shall be provided at the time of application. These may be in unsigned 32 final draft form pending the outcome of the approval process. The boundaries of a proposed wireless 33 communications facility site shall be defined in each such instrument in a manner that will provide a land 34 surveyor sufficient information to accurately locate the site boundaries using standard survey methods. 14 297 File # PLN2014-00010 Wireless Communication June 2, 2014 1 ( (8)_-If the proposed site is leased, the terms of the lease shall not restrict the landowner in any way from 2 leasing other areas of his property to other wireless communications providers with the exception that the 3 lease may include a provision that any additional facilities so located not materially interfere with the 4 operation of the existing facility. 5 1 iOU.092 -General Design Standards. 6 I (1) Attacbed awn^ Antennas that are mounted, installed or affixed to an attached wireless 7 communication support structure (exGlud+rag-colao; ated antennati ar3-e3c+sfig W�l str ^+t ras:,shall be 8 designed or placed to blend with the, predominant background or architectural features as seen from 9 abutting residential uses, roadways or other public rights of way. 10 (2) When located on buildings, panel antennas shall be placed closely against walls or parapets and not 11 extend above the wall or parapet unless an alternative design is required to a)'achieve better compatibility 12 with the building design or b) to obtain antenna function. 13 1 (3) AGsessory-Anciilary equipment facility structures shall be placed underground or wholly enclosed in an 14 existing structure or building, or designed to blend into the architecture and landscaping of the 15 surrounding buildings or structures. When equipment boxes are placed at ground level, they shall be 16 screened from view. 17 (4) Ground -mounted dishes shall be located outside any required landscaped area and preferably located 18 in service areas or other less visible locations. They shall be solidly screened to at least as high as the 19 center of the dish when viewed from off the site. Solid screening shall be provided as high as the top of 20 the dish on sides adjacent to residential zones. 21 Roof -mounted dishes shall be solidly; screened at least as high as the center of the dish. The screening 22 shall be of a material and design compatible with the building, and can include penthouse screening, 23 parapet walls, or other similar screening. The dish should be placed as close to the center of the roof as 24 possible. 25 (5) Antennas on utility poles shall be limited to wh_ip-antennas that are no more than two feet in length 26 unless the approving authority finds that the visual impact of a longer antenna would not have an 27 I appreciable affegteffect on surrounding uses. No more than one whfp-antenna is permitted per pole. No 28 utility pole shall be extended in height in order to accommodate an antenna. No antenna shall be allowed 29 on light standards. 30 I (6) Setbacks Applicable. The following setback standards shall apply to wireless communications 31 facilities: 32 (a) Accessory equipment structures shall comply with the setback requirements for principle 33 nonaccessory structures in the underlying district. An antenna and its attachment device 34 attached to a building or other permanent structures shall comply with the setback requirements 15 WN File # PLN2014-00010 Wireless Communication June 2, 2014 1 for principle nonaccessory structures in the underlying district. Where the setback requirement in 2 the underlying zone is based on the height of the structure, the height used to compute the 3 setback for the antenna array shall be the height of the structure plus the additional height that 4 will be added by the antenna array and its attachment device. 5 I (b) N-G�hed-Freestanding_ wireless communications support structures located in a 6 residential related district as set -out described in WCC 2-(�.-13:050-20.13.085 shall be set back 7 from any property line by a distance equal to the height of the wireless communications support 8 structure or the setback of the underlying use district, whichever is greater. 9 I (c) Plenatteci-7�ed-Freestanding wireless communications support structures located in other than 10 residential related districts shall be set back from any property line abutting or adjacent to a 11 residential related district a distance equal to the height of the wireless communications support 12 structure or the setback of the underlying use district, whichever is grater. 13 (d) Regardless of the district, ne44attashed-freestanding wireless communications structures shall 14 be setback from dwellings not on the same legal lot, a distance equal to the height of the 15 freestanding wireless communications support structure or the setback of the underlying use 16 district whichever is greater. 17 (e) Setbacks for nonattaGbed-freestanding wireless communications support structures shall be 18 measured from the ground -level base of the structure. 19 (f) The setback requirements for freestanding, nd attached wireless communication facilities 20 under this chapter may be reduced by the approving authority subject to the satisfaction of the 21 special exception criteria in`WCC 20.13.110. 22 (7) In the event that a new freestanding or attached wireless communications facility is proposed on land 23 zoned agriculture or in an agriculture overlay zone and the land is otherwise suitable for agricultural use, 24 the facility shall;be located and maintained so as not to interfere with current agricultural activities or the 25 potential future use of -the site fir agricultural activities. 26 ( (8) Screening Standards 'Freestanding and attached Mre4e-ss-wireless communications facilities shall be 27 subject to the following standards for visual screening: 28 (a) The perimeter of the wireless communication support structure and any guyed wires and 29 anchors shall be enclosed by a fence or wall at least six feet in height. A row of evergreen 30 shrubs, spaced not more than five feet apart and capable of growing to form a continuous hedge 31 at least five feet high within five years of planting, and at least one row of evergreen trees or 32 shrubs spaced not more than 10 feet apart nor less than six feet high when planted shall be 33 installed outside and adjacent to the fence. 16 299 File # PLN2014-00010 Wireless Communication June 2, 2014 1 (b) Landscape material used for screening should be selected and sited to produce a hardy and 2 drought -resistant landscape area. Native plant materials are preferred. 3 (c) Maintenance of landscaped areas shall be the responsibility of the applicant and/or operator 4 of the facility. Required landscaping must be maintained in a healthy manner. Trees and shrubs 5 that die must be replaced with healthy in -kind materials such that during the life of the facility the 6 landscaping continues to satisfy the requirements of the permit. Temporary irrigation shall be 7 provided to help ensure survival during the plant establishment period. If the approving authority 8 determined that existing vegetation provided adequate screening without the needtor additional 9 landscaping, than no action shall be taken by the applicant or his assigns or successors that 10 would diminish its effectiveness in screening the site. In the event that natural vegetation is 11 removed to the extent that the area required to be screened is made more visible, the operator 12 of the facility shall prepare a revegetation plan and submit the plan to the administrator for 13 review and approval. Upon approval the operator shall implement the>plan. 14 (d) The administrator or the hearing examiner as appropriate may approve any combination of 15 existing vegetation, topography, walls, decorative fences or other features instead of 16 landscaping, if they achieve the same degree of screening as the required landscaping. Either, 17 as appropriate, may waive the requirement; for the installation of screening for those sides of the 18 facility that are naturally screened so as not to be visible from public streets or adjoining 19 properties. 20 (e) Existing vegetation shall be preserved to the maximum extent practicable. 21 (f) When landscaping is required to be installed a maintenance bond, assignment of funds or 22 other financial guaranty acceptable to the county shall be provided in the amount of 50 percent 23 of the value of the labor and materials. The guaranty shall be in effect for two years from the 24 date of planting. 25 (9) General Height Standards. The following standards shall apply to wireless communications facilities: 26a) The height of a freestanding or attached wireless communications facility shall be measured 27 .to`inciudo the support structure and any antennas proposed to be attached to the structure at the 28 I time of application; provkled;provided that a lightning rod, not to exceed 10 feet or FAA required 29 lighting shall not be included in the height measurement. 30 I (b)-1=or-a-,«�"ea i elesS GO ;a;uniGatiens-fac+l , the -The height limit on a freestanding 31 wireless communications facility shall be the minimum height necessary for the facility to function 32 satisfactorily provided the height does not exceed height restriction imposed elsewhere in this 33 chapter. The applicant shall provide technical documentation that the height proposed is the 34 minimum necessary. As provided in WCC 20.13.160, the administrator or the hearing examiner 35 I may require a third party review of this information. 17 300 1 2 3 4 5 File # PLN2014-00010 Wireless Communication June 2, 2014 (c) The height of attached -antennas mounted or installed on an attached wireless communication support structure may exceed the height limit of the underlying zone; provided -,provided that the height does not exceed height restriction imposed elsewhere in this chapter. 6 1 (10) Parking. Each freestanding and attached wireless communications support structure sl 7 provided with at least one adjacent parking space or more if needed to accommodate staff.' 8 I wireles-s-eomr^u iGa° facilities shall have access to parking for maintenance personnel, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 be unstaffed such parking may be shared or public parking at the discretion of the county. Staffed ,facilities shall require one parking space per staff under the standard provisions of the zone in which it is located. (11)Performance Bond. The operator of the facility shall obtain and keep in force throughout the time the facility is located on the site a performance bond payable to Whatcom County in the amount of 1.50 percent of the estimated cost of removal as determined by the director, but not less than $1,000. The bond is intended to cover the costs of removal of such facility at such time as the facility may be required to be removed pursuant to WCC 20.13.150. (12) Building and Utility Permits. Approval of a WCF permi.t does not exempt or otherwise remove any requirements for obtaining building permits and other appiicable construction, development or operation related permits, licenses or approvals for the project. It shall be the permittee's responsibility to secure all other necessary permits and approvals prior to beginning work on the installation of the facility. (Ord. 2000-006 § 1, 2000). - e - e.U&MO-n M-a e 18 301 File # PLN2014-00010 Wireless Communication 1 2 3 4 5 6 7 8 9 10 11 12 MMIA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 June 2, 2014 oe s •,• ee_ - a a.�e - OWE s a :rye feet in --thy - o -botT a"+ +inns not+Din -rc.-...'a`�.-nT �rccru� -ram -Fv -rum- .. (GYAttac--ied--a,qte-}as-or-a-strut-ture4evated--on-a4a-Rd- eyfGr r�sid�nti er-attas� d fr- ac, de^tial du+ldi ��,- otne than nhow redden# a(--1 0dings �rohid+ted i sestier} )¢a €T�ot+oo,-Abe--a pfr w gi-as-a tot�ditlonal use prev+ded tlae antenna shall nn+ �vfr0 n�,rn�nc zhUn i nn+ -+ hi i' um�,-n,�L �n. � 3-fL'ct above -tie- roof le�-8� t4ae-slraC-i-�r-L-� .�-�-,.,� 19 302 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 File # PLN2014-00010 Wireless Communication June 2, 2014 authority-to--r-es i-ct-th-e-heigh-f-of the-attaGhed-ant--n-na4o- 4igura I�cc tho 7 Foet in -order -to ry sr-rri c.xr���, attain-com-pl se-w+th- 20 l 3 Brd- 2fl00 006- -1 s 040}: 2l0 -l--3�Og -s n-nGnfes'sdentia rehate The- felloYARg— equ+rerx�ents a restrictior�s� gall -apply- f eti�� fae�Ih„ies in the cot+nt one es+der�tfai dyst tse Fyor-the-purposes-of-this--seGtGri--nenresldentlai-related d4strlGtS s'a11 ; '^I :d2-��ii }�r%i4al rstt �6t� tri�i%sit�ai u"3crirt d �ic�sc rv�v districts each as d-e-SG^-F;;h:-eld in WG� 20.-13�950: (1-Y&' 17 (2-} 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CoiloGated-antennaa-,hal-n-ot-extePA--more #kin deviGe-4)fd: 20.13. 100 Temporary uses. Wireless -Freestanding or attached wireless communication facilities may be permitted as a temporary use with review by the administrator in order to facilitate continuity in wireless communications service during ce 303 1 2 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 File # PLN2014-00010 Wireless Communication June 2, 2014 repair or maintenance of existing wireless communications facilities or prior to completion of construction of new wireless communications facilities. Such temporary wireless-cornmunieataons-faaGtities-�halluses shall operate for not more than 60 days at any one location within a six-month period commencing when transmission from such facility begins. The wireless communications fac Al es-facilit s shall be removed within 30 days after the facility is no longer needed for telecommunications purposes. (Ord-2000-006-§--1-, 2000-� When adherence to all development standards of this chapter would result in a physical barrier which would block signal reception or transmission'or prevent effective communication in all permissible locations, a special exception may be' ermitted provided criteria outlined below are met. Exceptions do not apply to variations from the current code as adopted and amended per WCC Title 15, Buildings and Construction. A variance pursuant to Chapter'20.84 WCC is required for variations from applicable zoning regulations not described, in thi's section. The approval authority for granting of the special exception shall be the same as that of that of the authority authorized to approve the permit for the antenna location. A request for a special exception shall be processed inconjunction with the permit approving the antenna location. 27 Upon review of special exception requests, the approval authority shall consider first those standards 28 having the least effect upon the resulting aesthetic compatibility of the antenna or tower with the 29 surrounding environment. The approval authority shall review setback, size, screening requirements, and 30 height limits. 31 (1) Special Exception Criteria. 32 (a) The applicant shall justify the request for a special exception by documenting and providing 33 evidence that the full application of a particular standard or standards of this chapter would result 34 in an obstruction or inability to send and receive a communication signal from the proposed 21 304 File # PLN2014-00010 Wireless Communication June 2, 2014 1 location of the facility and further, that the obstruction or inability to send or receive a signal from 2 that location is the result of factors beyond the property owner's or applicant's control. Pictures, 3 scaled drawings, maps and/or manufacturer's specifications, and other technical information as 4 necessary, should be provided to substantiate the need for the special exception. 5 (b) The applicant for a special exception shall demonstrate that the proposed materials, shape, 6 and color of the antenna will minimize negative visual impacts on adjacent or nearby residential 7 uses to the greatest extent possible. The use of certain materials, shapes and colors may be 8 required in order to minimize visual impacts. 9 10 11 12 13 14 15 16 17 18 19 Mt (c) _,4ttaGh-ed-aAnreauest for as soecial exception to heights for new antennas that are to be mounted or installed on an attached wireless communication su000rt�structure-, req-uesting a-spec+al except;r~? for--he+ght_shall be reviewed relative to lln,�la tfe��as-a sipper-�&truoture-height limitations set for structures in the underlY.ing zone district in which the antenna is to be located. (d) Requests for special exceptions for setback reductions shall also be judged based on the following criteria: (i) The extent to which screening and camouflaging will be employed to mitigate the effects of the structure versus the value of the setback in ;providing such screening. (ii) The need for the setback reduction to facilitate a location or design that better satisfies the criteria of this chapter. (iii) The impact on 21 (iv) Location in a.street right-of-way. (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 2000-006 § 1, 22 2000).;, 23 20.13.120 Application requirements and conditions of issuance. 24 Applicants shall submit the following information in addition to standard application materials: 25 (1) A scaled site plan clearly indicating the location of the proposed facility, all other structures and uses 26 on the site,: adjacent roadways, proposed means of access, parking, existing and proposed landscaping 27 and setbacks from property lines. Elevation drawings of the proposed tower, the equipment structure, 28 existing structure with proposed antenna, fencing, buffering/screening, type of architectural treatment, 29 and any other feature necessary to show compliance with the applicable standards. 30 (2) Photo -simulations of the proposed facility from adjacent residential properties, public properties and 31 public rights -of -way. 32 (3) Legal description and ownership of the parcel. 22 305 File # PLN2014-00010 Wireless Communication June 2, 2014 1 (4) A valid agreement for collocation on an existing WCF support structure or on an existing building or 2 structure; or a location evaluation study as described in subsection (5) of this section. 3 (5) For new freestanding support structures, a location evaluation study shall be provided as follows: 4 (a) A study shall be provided showing that the structure is required for present and future 5 network coverage, that the height requested is the minimum necessary to provide for the 6 function and potential collocated antennas and why the antennas could not be collocated on an 7 existing structure. In residential zones, the applicant shall provide adequate proof that the facility 8 could not be located in a nonresidential zone. 9 (6) The applicant shall submit a letter of credit, performance bond or other security acceptable to the 10 county, as described in WCC-2043-.860¢a 1) 20.13.091(11), to cover the future costs of removal of the 11 acility. 12 (7) A report from a licensed professional engineer documenting that: 13 (a) The support structure is designed for collocation of other ant nrtas (if applicable.) 14 (b) The antenna usage will not interfere with other adjacent or neighboring transmission or 15 reception communications signals. 16 (c) The wireless communications facility compiles with all applicable standards of the FCC for 17 such facilities including EMF emission standards, if applicable. 18 (8) A projection of the wireless communication facilities which the applicant and/or prospective operator of 19 the facility reasonably ataf+cipatesarfti6 ate`will be sited by his company within Whatcom County during 20 the next five years. 21 I (98) Proof of license by the FCC, if applicable. 26 1 (4-211) If the site is a leased site, a copy of lease agreement which specifies or shows that it does not 27 preclude the site owner from entering into leases on the site with other providers. (Ord. 2000-006 § 1, 28 2000). 29 20.13.130 General criteria for issuance of permits. 23 306 File # PLN2014-00010 Wireless Communication June 2, 2014 1 (1) Any applicant for a land use permit (other than a building permit) proposing to install an antenna 2 support structure or mount an antenna on an existing structure shall demonstrate by engineering 3 evidence that: 4 ( (a) The antenna must be located at the site to satisfy its function in the appiisantt's-aeealwireless 5 service provider's local gr-id-system. The county may require the applicant to provide feasibility 6 studies which demonstrate that locations on existing structures and/or in higher priority locations 7 have been explored and are not feasible or available. 8 (b) The height requested is the minimum height necessary to fulfill the site's function within the 9 ( grid -wireless service provider's_system. 10 (2) In addition to standard criteria, the authority granting the permit shall find that, unless the facility will be 11 ( located at the highest priority location as set forth in WCC_2041050 20.13.085, the applicant has 12 demonstrated that none of the higher priority locations are available or if one is availab►e it is not a 13 feasible location for the proposed facility; or if feasible is less desirable than the one proposed from the 14 standpoint of minimizing impacts on surrounding land uses. 15 (3) The permit may include requirements which: 16 (a) Minimize visual impacts to the greatest extent possible by maximum feasible use of 17 camouflage or screening, including but not limited to fencing, landscaping, strategic placement 18 adjacent to existing buildings or live or simulated vegetation, undergrounding of accessory 19 equipment structures, incorporation of wireless communications support structures, antennas 20 and other appurtenances into the architectural features of existing buildings or structures and by 21 requiring compatibility with key design elements in the surrounding area; for example, use of 22 brick or other material similar to that used in adjacent buildings or structures, incorporation of 23 support structures into compatible architectural features such as flag poles, bell towers or 24 cornices, or use of simulated vegetation to camouflage support structures. 25 (b) Locate wireless communication facilities so as to minimize the visibility of the facility to 26 residentially zoned land and so as to minimize the obstruction of scenic views from residentially 27 Zonedl land. 28 (c) Require the mounting of the facility on existing buildings or structures, or use of other, 29 alternatives with less visual, aesthetic or safety impacts, as an alternative to use of a monopole 30 or lattice tower. (Ord. 2000-006 § 1, 2000). 31 20.13.140 Federal requirements. 32 All wireless communications support structures must meet or exceed current standards and regulations of 33 the FAA, the FCC and any other agency of the federal government with the authority to regulate wireless 34 communications support structures and antennas. If such standards and regulations are changed, owners 35 of the freestanding or attached_ wireless communication support structure, antennas and electronic 1 24 307 File # PLN2014-00010 Wireless Communication June 2, 2014 1 equipment governed by this chapter shall bring such wir-eieess--corn-mu-niGa-tion---pportstr�eantennas 2 and-equ+pmentfacility into compliance with such revised standards and regulations within the 3 compliance schedule of the federal agency. Failure to bring such facilities wireless--ssm4Runication 4 s-uppe+=tstructures and -antennas -into compliance with such revised standards and regulations shall 5 constitute grounds for the removal of the wirni art strtactur -antenna-or4-eetronic 6 egtaipm,9n�f agEy at the owner's expense. (Ord. 2000-006 § 1, 2000). 7 20.13.150 Removal of antennas and support structures. 8 No less than 30 days prior to the date that a personal wireless service provider plans to abandon or 9 discontinue operation of a facility, the provider must notify the Whatcom County planning and 10 development services director by certified U.S. mail of the proposed date of abandonment or 11 discontinuation of operation. The owner of the facility shall then remove the abandoned components of 12 the facility the -antenna -within 90 days of discontinuation or abandonment untess an additidnal period of 13 time is authorized by the county. In any case, if the county finds that any a na-component or-_wireles-s 14 of a facility has not operated fora continuous period of six months, the 15 owner or lessee of the property on wh ^" +"o ,.,, n�o�c ^nrnmi n v nCf,_C __r�C1 St�rte nr on+®rir o �n-crro-sa�i..rrcvi rn-rtza-rnvca i . "`" N N •• 16uated-sr ante+�ria_er steppe+���., aature or site shall remove 17 the facility within 90 days of receipt of notice to remove from the county. If the -antenna an-dl—o ass 18 oomm ^"«utio^ supped+�z ansu e the abandoned facility or abandoned component of the facility is not 19 removed within said time period, the county may remove the 'antenna 9r— : r 4ess--sesupport 20 structure at thesuch facility at the owner's expense. if there -are two or more wireless communications 21 providers on a single wireless communication support structure, this provision shall not become effective 22 until all providers cease using the wireless communication support structure. (Ord. 2000-006 § 1, 2000). 23 20.13.160 Third party review. 24 Personal wireless service pir iders'use various methodologies and analyses, including geographically- 25 based computer software„ to determine the specific technical parameters of their services and low power 26 mobile radio service facilities, such, as expected coverage area, antenna configuration, topographic 27 constraints that affect signal paths, etc. Because of the technical nature of methodologies and analyses, 28 the county may find it necessary to require a third party technical review of the material submitted by the 29 applicant as part of`"a permitting process. The expert review is intended to address interference and public 30 safety issues and be a'site-specific review of technical aspects of the facilities or a review of the 31 provider's`rnethddology and equipment used and not a subjective review of the site which was selected 32 by a pravlder. Based on the results of the expert review, the county may require changes to the provider's 33 application:=The expert review shall address the following: 34 (1) The accuracy and completeness of submissions; 35 (2) The applicability of analysis techniques and methodologies; 36 (3) The validity of conclusions reached; and 25 M File # PLN2014-00010 Wireless Communication June 2, 2014 1 (4) Any specific technical issues designated by the county. 2 I In generalzand if-thenecessary, the administrator shall consider requiring a third party review of technical 3 information submitted in support of a special exception, and technical information submitted in support of 4 I a wireless somT unisa-ii�fas+litycommunication facility proposed at a low priority, high visual impact 5 location. 6 I The selection of the -a third party expert may shall be by mutual agreement between the provider and the 7 county„ 8 GernmeRt „n the pr,,pesed expert and Feview its qual.fir-ation The cost of the technical review shall be 9 borne by the applicant. (Ord. 2000-006 § 1, 2000).. 10 20.13.170 Appeals. 11 The hearing examiner shall have the authority to decide, in conformity with this chapter, appeals from any 12 13 14 15 16 17 18 Home < W 309 WHATCOM COUNTY 2Gom J.E. "Sam" Ryan Planning & Development Services 3rP' ��`.�� Director 5280 Northwest Drive \a� Bellingham, WA 98226-9097 �9sr 360-676-6907, TTY 800-833-6384 F/ING 360-738-2525 Fax MEMORANDUM TO: Honorable Members of the Whatcom County Planning Commission FROM: Erin Osborn, Planner',t- � ,; THROUGH: GH: Mark Personius, Long Range Planning Manager 1,l;'( DATE: June 12, 2014 SUBJECT: Wireless Communication Code Amendments (PLN2014-00010) This memo follows staffs June 3rd memo which summarizes action taken at your May 22, 2014 meeting on the above referenced application. At the May 22nd hearing, Planning Commissioners voted to hold open the public record for additional comments, and to hold a second public hearing on the proposal, scheduled for June 12, 2014. On June 11, 2014, staff received a letter from Bush Law Firm (who represents interests of AT&T), outlining four suggested amendments for consideration by the Planning Commission. This letter was forwarded to your attention by email, and copies will also be made available at the June 12, 2014 hearing, scheduled for this evening. The four areas covered in the Bush Law Firm letter are generally covered in staffs June 3rd memo and it's attached June 2nd, Exhibit "A". Additional suggested areas for code amendment from Bush Law Firm, followed by a brief discussion on each, with staff recommendations, including alternative language for your consideration, are listed below: Staff agrees with recommendations made by Bush Law Firm to delete provisions for performance bonds and the associated application requirements. This recommendation is made after considering a variety of different viewpoints expressed by County staff including Public Works Engineering, County Finance, the County Prosecuting Attorney's Office, and County Facilities. Staff also agrees with Bush Law Firm suggested language to add "Removal" language shown in the June 2nd Exhibit "A", Page 25, Line 11, starting with, "In any case". In addition -staff 310 recommends that the Planning Commission consider inserting City of Woodinville language at the end of this same sentence as noted on P. 3 of the June 3rd memo from staff. This language would give Whatcom County authority to obtain a court order to direct removal and to lien property to recover costs should the County take action to remove a facility and associated equipment: Staff recommends the following amendments per the above discussion: . ra WCC 20.13.150 Removal of antennas and support structures No less than 30 days prior to the date that a personal wireless service provider plans to abandon or discontinue operation of a facility, the provider must notify the Whatcom County planning and development services director by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. The owner of the facility shall then remove the antenna within 90 days of discontinuation or abandonment unless an additional period of time is authorized by the county. In any case, if the county finds that any antea of wireless communication support structure has not operated for a continuous period of six months, the owner or lessee of the property en which the wireless shall remove the facility within 90 days of receipt of notice to remove from the county. If the antenna and/or ,. ipel ss eemmuRieatian s . eFt stFu,etuFe abandoned facility is not removed within said time period, the county may remove the antenna or wireless communication support structure at the owner's expense. If there are two or more wireless communications providers on a single wireless communication support structure, this provision shall not become effective until all providers cease using the wireless communication support structure. . If a facility and associated equipment are not removed within 90 days after receipt of a notice from the county requiring said removal, the Director of Whatcom County Planning and Development Services may seek and obtain a court order directing such removal and imposing a lien upon the real property upon which such wireless service facility is situated in an amount equal to the cost of removal. 2. Third Party Review Recommendations made by Bush Law Firm to amend existing provisions for "third party review" were considered and approved by the Planning Commission at their May 22Id meeting. This is in regards to modifying specific language to state that selection of a third party expert "shall" be by mutual agreement between the 2 311 county and the provider. This was noted in the June 3rd memo and June 2d Exhibit "A", as well. 3. Emergency and Routine Repair and Maintenance Staff agrees with recommendations made by Bush Law Firm to keep provisions for emergency and routine repair and maintenance where it currently resides in the section on exemptions; however, staff recommends that the Planning Commission consider adding a proviso to qualify that such uses shall be required to conform to the chapter's design and development standards. This recommendation is made after reviewing provisions in a variety of different city and county jurisdictions, and after discussion with Permit Center staff. Staff recommends the following amendments per the above discussion: WCC 20.13.030 Applicability — Exemptions. The requirements of this chapter shall apply to all new personal wireless communications facilities and the expansion and/or alteration of any existing personal wireless communications facilities. The following are exempt from the provisions of this chapter: (1) Satellite earth stations using antenna(s) not more than two meters in diameter in commercial and industrial districts and direct -to -home satellite services. (2) Send and receive citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators. (3) Industrial, scientific and medical equipment using frequencies regulated by the FCC. (4) Military and government radar antennas and associated communication towers used for navigational purposes as regulated by the FCC under 47 Congressional Federal Register Parts 97 and 95 respectively. (5) Military and federal, state and local government communications facilities used for emergency preparedness and public safety purposes. n(6) Normal, routine and emergency maintenance and repair of existing wireless communications facilities and related equipment which do not increase the size, footprint or bulk of such facilities and which otherwise comply with the county, state, and federal law and regulations. Provided, that compliance with design and development standards of this chapter is maintained , 2000). WCC 20.13.040 Permitted uses. The following uses shall be considered permitted uses and shall comply with federal state and local laws and regulations and the provisions of this chapter: the following uses shall also be subject to environmental review under the State Environmental Policy Act (SEPA) unless cate org ically exempt (1) Replacement construction: 312 In all districts: Replacement of any component of an existing freestanding or attached wireless communication facility, and/or replacement of any component of an existing ancillary equipment facility on existing, approved and conforming sites; provided that such replacement does increase the total number of components lawfully existing on the site at the time of application for such replacement construction and further provided that such replacement construction does not "substantially increase change the physical dimensions" of the individual components being replaced as defined in WCC 20.13.020(19). Determinations made as to whether or not replacement proposals substantially In^r_T�e��� change the Physical dimensions of existing facilities shall be made by the administrator, as follows: (a) The applicant or applicant's agent must submit documentation to the administrator that demonstrates that replacement construction proposals do not substantially i�-a� change the dimensions of such facilities as defined in WCC 20 13.02009). Examples of such documentation may include specification sheets and/or area calculations for both the existing and proposed replacement equipment. Such documentation must be submitted at the time of pre -application interview for the required commercial building permit(s). (b) The applicant or applicant's agent must also submit documentation to the administrator demonstrating that replacement construction meets Federal Communication Commission (FCC) Emission Standards.red analyses, SUGG No,^ ionisation emissien-report („IIER)—Such documentation must be submitted at time of application for the required commercial building permit(s). (2) New antenna or new antenna array construction: In all districts: New antennas or new antenna arrays may be constructed on or added to existing attached or freestanding wireless communication facilities on existing approved and conformingsites; ites; provided that such new antennas or antenna arrays do not "substantially wn r—� change the physical dimensions" of such facilities, as defined in WCC 20.13.020(19); Determinations made as to whether or not new construction proposals substantially increase the physical dimensions of existing facilities shall be made by the administrator, as follows: (a) The applicant or applicant's agent must submit documentation to the administrator that demonstrates that the proposed new antenna or new antenna array construction does not substantially in�e_a a change the dimensions of such facilities Examples of such documentation may include specification sheets and/or area calculations for both the existing and the proposed new equipment. Such documentation must be submitted at the time of pre -application interview for the required commercial building permit(s). (b) The applicant or applicant's agent must also submit documentation to the administrator that demonstrates that any new antenna(s) meet Federal Communication Commission (FCC) Emission Standards. Examples of S-UGh !'�l GUn;eRtatiGn innll d- on 'noored aRaly a�+ Igh s a NGR N �GG �TI OI I Q 'U-1-r0'i'1" 313 ionization omiccinn FePG-+ � Such documentation must be submitted at time of application for the required commercial building permit(s). Proposed changes outlined on top of P. 3 in the June lltr' Bush Law Firm letter regarding existing application requirements would exempt any of the proposed permitted uses from a requirement of having to provide documentation that the applicant has the right to use the site. This would be contrary to existing requirements for issuing building permits. The County may not issue building permits on sites without documentation to verify that the applicant in fact has permission of the owner to apply for and obtain permits that authorize construction on the premises, and staff does not recommend that this language be modified. 4. Definition of Substantial Change At the May 22, 2014 Planning Commission meeting, representatives from Bush Law Firm made recommendations to indicate that a definition for "substantial change" should match the SEPA definition for "substantial change". This recommendation was considered and approved by the Planning Commission at their May 22nd meeting. In addition, commissioners requested that staff draft additional language to address incremental changes and limit overall facility size. These changes, along with a new definition for "substantial change" that matches the SEPA definition is reflected in the staff June 3rd memo and June 2rd Exhibit "A". In their June 11t" letter, Bush Law Firm indicates that they recommend that the Planning Commission consider draft language proposed by staff in the June 2nd Exhibit "A". Staff recommends the following amendments per the above discussion: WCC 20.13.020(19) "Substantially i;,zFease change the physical dimensions" means: (a) The installation or mounting of wireless services equipment on an existing support structure that would increase the overall height of the structure by more than ten percent, or te-R twenty feet, whichever is Less rg eater; provided that any such increase in height must conform to the provisions of this chapter; or(b) body of the StFW,.tUFe pr tpudin 49m the edge of the stFu,.+,, e The installation or mounting of equipment that would involve adding an appurtenance to the body of the structure that would protrude from the edge of the structure more than twenty feet resulti g it aR increase iR the everall width of the stFuGtwFe by m e than ten en+ 10€eet, or more than the width of the structure at the level of the appurtenance, whichever is less rg eater; Provided, that in making determinations as to whether or not project proposals constitute a substantial change as described in (a) or (b) above, and in order to limit incremental and cumulative effects concerning the overall size of such facilities, measurements shall be taken to establish a base line for determining whether or not proposed changes constitute a substantial change; such measurements shall be taken from the dimensions of the existing facility as it was approved and constructed under the original building permit issued by Whatcom County. 5 314 Additional changes to definitions are outlined in the June 11th Bush Law Firm letter in regards to "collocation", and also new definitions for wireless communications services" and "wireless communications facilities" are proposed. Staff agrees with recommendations made by Bush Law Firm on definitions for wireless communications services, and wireless communications facilities, with the proviso that the "s" in communications is deleted, and that these definitions are stricken from WCC 20.97 - Definitions. Staff also recommends that the Planning Commission not approve a proposed definition of "collocation" that is outlined in the Bush Law Firm letter of June 11th This recommendation is based on a review of the language proposed, and a conclusion that such language would constitute a substantive change, and would inadvertently confuse the distinction that staff maintains is necessary to differentiate between the different types of wireless communication facilities: i.e. free standing wireless communication facilities and attached wireless communication facilities. The proposed language in this definition refers to collocation on an existing structure, and describes an existing structure as "any existing tower, pole, building, or other structure capable of supporting wireless service facilities". (Emphasis added) The key word in the above phrase is "capable". While this definition appears to satisfy the intent of making determinations on what type of action may be exempt from environmental review under SEPA, if adopted in WCC 20.13 it would have the effect of blurring a necessary distinction that is required to make determinations on what is considered an "attached wireless communication facility". For example: Existing structures such as Bonneville Power Authority Transmission Towers, Multi -Family Dwelling Units, Apartment Garages, and Water Towers may be "capable" of supporting wireless service facilities, but they are not designed specifically to support such equipment; however under the definition for "collocation" proposed by the Bush Law Firm these uses would be considered "existing", and therefore exempt from requirements of obtaining WCF permit on new attached wireless communication facility sites, as the code currently requires. Staff recommends the following amendments per the above discussion: Note: Numbering for the proposed definitions will be considered at a later date, "Wireless communication facilities" means facilities for the provision of wireless service Wireless communication facilities included but are not limited to antennas poles towers cables wires conduits ducts, pedestals, vaults, buildings and electronic and switching equipment M 315 "Wireless communication service" means wireless data and telecommunications services including commercial mobile services commercial mobile data services unlicensed wireless services and common carrier wireless exchange access services as defined by federal laws and regulations I look forward to presenting my report, making recommendations, and answering your questions at your June 12, 2014 meeting. Thank you. 316 BUSCH PLLC July 14, 2014 Honorable County Councilmembers Whatcom County Council 311 Grand Avenue, Suite 105 Bellingham, WA 98225 DELIVERED VIA EMAIL TO: dbrownRco.Whatcom.wa.us Re: AT&T Comments on Whatcom County Agenda Bill No. 2014-256 Proposal to Amend Whatcom County Code, Title 20, Chapter 20.13 "Wireless Communication Facilities" and Chapter 20.97 "Definitions" Dear Councilmember Brenner Councilmember Browne Councilmember Buchanan Councilmember Crawford Councilmember Kremen Councilmember Mann Councilmember Weimer: Thank you for the opportunity to provide comment on behalf of AT&T on Agenda Bill No. 2014- 256 concerning wireless communication facility regulations in Whatcom County. We appreciate the Planning Commission and Planning & Development Services Staff s willingness to listen and address some of the concerns we raised at meetings with staff in March and at the public hearings in May and June of this year. We believe that the proposed Ordinance is an improvement over the current regulations, streamlining the process to some extent for non -substantial upgrades to existing facilities. But as previously noted, the following are additional opportunities for streamlining that will benefit the process and ensure consistency with federal law. 1. Modification of Existing Facilities We support the portion of the proposed Ordinance that allows replacement construction and new antenna or new antenna array construction that does not substantially change the physical dimensions of the components replaced or existing facility as a permitted use. This section of the Ordinance makes progress toward consistency with the federal Middle Class Tax Relief and Job Creation Act of 2012 (the "Act"). Part of the Act is Section 6409, which is called "Wireless Facilities Deployment." The relevant provision is as follows: Sec. 6409. WIRELESS FACILITIES DEPLOYMENT (a) FACILITY MODIFICATION. (1) IN GENERAL. Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104-104) or any other provision of law, a State or local SEA171Y, LOS ANGELES DENVER PORTLA:ND BEND 93 S. Jackson St. #75604 Seattle, WA 98104-2818 Kristen.larson@wirelesscounsel.com www.wirelesscounsel.com t 425.628.2665 f 206.219.6717 317 July 15, 2014 Page 2 government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. (2) ELIGIBLE FACILITIES REQUEST. For purposes of this subsection, the term "eligible facilities request" means any request for modification of an existing wireless tower or base station that involves: (A) collocation of new transmission equipment; (B) removal of transmission equipment; or (C) replacement of transmission equipment. (3) APPLICABILITY OF ENVIRONMENTAL LAWS. Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act or the National Environmental Policy Act of 1969. An "eligible facilities request" is clearly defined under the Act as any request for modification of an existing wireless tower or base station, and the Act is clear that a local government may not deny, and shall approve, any request. Thus, any proposal to collocate, remove, or replace transmission equipment, so long as the request does not substantially change the physical dimensions of the tower or base station, shall be approved. The Ordinance is consistent with federal law by allowing replacement construction and new antenna or new antenna array construction not substantially changing the physical dimensions of the components replaced or existing facility as a permitted use. But the Ordinance is not consistent with federal law if the components replaced or existing facility is nonconforming. Rather than allowing an eligible facilities request for a nonconforming component or facility as a permitted use, the Ordinance subjects any "addition or enlargement" of a nonconforming facility to the additional, lengthy conditional use permit process requirements of chapter 20.83 WCC. See WCC 20.83.020(2). To make the Ordinance consistent with federal law, we suggest that the Ordinance be amended to include the following change to WCC 20.83.020(2): 20.83.020 Expansion of nonconforming use. I ... I (2) The expansion of a nonconforming use by addition or enlargement shall require a conditional use permit, except for nonconforming adult businesses, which shall not be expanded, and except for replacement construction and new antenna or new antenna array construction under WCC_20.13.040. The expansion must be on the parcel. II. Application Requirements Under the Ordinance, proposals that are not exempt are subject to the WCC 20.13.120 application requirements and WCC 20.13.130 general criteria for issuance of permits. Under these circumstances, even proposals for which the County has no discretion and that must be approved under the federal Middle Class Tax Relief and Job Creation Act of 2012 must submit at least 14 different types of documentation to the Planning & Development Services Department to proceed. This creates an unnecessary burden on the Department. The most burdensome of these requirements is that for each proposed antenna, other component, or facility, an applicant must submit a performance bond or other security acceptable to the county to cover future costs of removal for the facility. Thus, one facility with three collocation sites, each site containing 6 318 July 15, 2014 Page 3 antennas, could mean 18 separate bonds or other forms of security to be administered by the County for the life of the facility. That number would be multiplied for each application filed with the County. To streamline the process, we suggest that WCC 20.13.120(6) and WCC 20.13.130(4) be deleted and that the Ordinance be amended to retain the existing WCC 20.13.150: In any case, if the county finds that any wireless communication facility has not operated for a continuous period of six months, the owner or lessee of the property or site shall remove the facility within 90 days of receipt of notice to remove from the county. If the abandoned facility is not removed within said time period, the county may remove such facility at the owner's expense. If there are two or more wireless communications providers on a single wireless communication support structure, this provision shall not become effective until all providers cease using the wireless communication support structure. This section of existing code already provides for removal at the owner's expense, with the many methods of code enforcement and cost recovery already available to the County. Moreover, antennas, equipment, and wireless support structures are commercially valuable assets and would not likely be abandoned by the owner. There is no reason to alter the County's existing process and replace it with an unnecessary and more complicated process that is burdensome to administer. With these two exceptions, we support the remainder of the Ordinance. We deeply appreciate the County's work on this Ordinance and we look forward to working with the County to build a reliable, well -integrated wireless network in the future. Respectfully submitted, r Kristen J. Larson Busch Law Firm PLLC 319 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2014-269 CLEARANCES Initial Date Date Received in Council 9ffice Agenda Date Assigned to: Originator: Sm 719114 7122114 Council Division Head: JUL 11 5 2014 Dept. Head: WHATCOM COUNTY Prosecutor: COUNCIL Purchasing/Budget: A Executive: TITLE OF D6CME Reappointments to the Bellingham- Whatcom Public Facilities District. ATTACHMENTS: Memorandum SEPA review required? ) Yes ) NO Should Clerk schedule a hearing ? Yes NO SEPA review completed? ) Yes ) NO Requested Date: SUMMARY S TA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCWor WCCas appropriate. Be clear in explaining the intent of the action.) County Executive Jack Louws recommends the confirmation of the reappointment of Brent Walker and Dunham Gooding to the Bellingham-Whatcom Public Facilities District. The City of Bellingham is concurrently confirming these reappointments. COMMITTEE A CTION.- 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 website at. www.co.whatcom.wmuslcouncil. 320 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM TO: Members of the Whatcom Cje,ouncil FROM: Jack Louws, County Executi DATE: July 9, 2014 SUBJECT: Public Facilities District Reappointments Jack Loms County Executive Brent Walker and Dunham Gooding are serving terms on the Bellingham- Whatcom Public Facilities District board which will expire on July 30t", 2014. land Mayor Linville wish to reappoint both gentlemen for another term, and respectfully request your confirmation. Both Mr. Walker and Mr. Gooding have been valuable assets and we believe their continued involvement will be beneficial to the PFD Board. Office (360) 676-6717 FAX (360) 676-6775 TRS: 711 321 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2014-270 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: RM July 8,2014 FF [1 -1 j V FE` [D) JUL, 1 5 2014 7/22/14 Introduction Division Head: 8/5/14 Hearing Dept. Head: WHATCOM COUNTY Prosecutor: COUNCIL Purchasing/Budget: A Executive.. TIT LE OF T T Itcom Amendment�=fW�h County Code 12.60 Road Naming System A TIA CHMENTS. • Draft Ordinance • Exhibit A: proposed changes to WCC 12.60 • 1982 Intergovernmental Agreement between Lummi Nation and Whatcom County SEPA review required? ) Yes (X) NO Should Clerk schedule a hearing? (X) Yes NO SEPA review completed? ) Yes ) NO Requested Date: August 5, 2014 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 WCCas appropriate. Be clear in explaining the intent of the action.) Amendment of Whatcom County's Road Naming System; Whatcom County Code 12.60 COMMITTEE A CTION.- 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. 322 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT 1 ' Frank M. Abart „_.oa Director q$N�Nmt To: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council Through: Frank M. Abart, Director From: Roland Middleton, LEG, Special Projects Manager 1 Date: July 9, 2014 Re: Amending Whatcom County Code 12.60; the Road Naming System Requested Action: Roland Middleton, LEG Project Development Group 322 N. Commercial Street, Ste 210 Bellingham, WA 98225-4042 Phone: (360) 676-6692 f JUL 14 2014 JACK LOUWS The Department of Public Works requests that the proposed amendment to the Road Naming System (WCC 12.60) be introduced at the July 22, 2014 Council meeting. We then request that a Public Hearing be advertised and held August 5, 2014 at that evenings County Council meeting with the amendment ordinance adopted at said meeting. Background and Purpose: The current Road Naming System (WCC 12.60) does not provide a procedure for an applicant to request a change of an existing road name. In addition, Public Works has identified additional changes to WCC 12.60 to improve the implementation and administration of the code. The proposed amendment to WCC 12.60 will provide a public procedure for any applicant to request a change to a road name, and clarifies additional issues with the Whatcom County Road Naming System. Furthermore, on September 16,1982, the Lummi Indian Tribe and Whatcom County agreed in an Intergovernmental Agreement to provide the Lummi Nation with the opportunity to change the name of Haxton Way (Hallauer Consent Decree/ Civil Action No. 79-682R) with certain conditions (See attached Inter -local) . The Lummi Indian Business Council has requested Whatcom County to initiate the process to change the name of Haxton Way. The Lummi Nation has two options in renaming Haxton Way: 1) Follow the terms of the inter -local and submit a road name following the guidelines of the inter -local with a name incorporating Haxton within the new designation. Whatcom County would facilitate the process of the name change as per the revised code without requiring the fee, but with adequate public notification to ensure a proper transition to the new name by property owners, first responders, and the post office. (Lummi Nation to provide data as needed to help facilitate the process) 2) Submit a request of name change with corresponding fees as per the new code, and follow the policies and procedures as set forth in the code. The ultimate decision of the name change approval rests with the Whatcom County Council. 323 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 PROPOSED BY: Public Works Department SPONSORED BY: INTRODUCTION DATE: ORDINANCE NO. AMENDMENT TO WCC 12.60 ROAD NAMING SYSTEM WHEREAS, on September 16, 1982, the Lummi Indian Tribe and Whatcom County agreed in an Intergovernmental Agreement to provide the Lummi Nation with the opportunity to change the name of Haxton Way (Hallauer Consent Decree/ Civil Action No. 79-682R); and WHEREAS, the Lummi Indian Business Council has requested Whatcom County to initiate the process to change the name of Haxton way; and WHEREAS, current Whatcom County Code (WCC 12.60) does not provide a procedure for an applicant to request a change of an existing road name; and WHEREAS, the Public Works Department has identified additional changes to WCC 12.60 to improve the implementation and administration of the code; and NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Road Naming System (WCC 12.60) is hereby amended as shown on Exhibit A. ADOPTED this day of , 20 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FQRM;i" D.aniel_..L --Gabon Civil Deputy Prosecutor Page 1 Carl Weimer, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 324 Exhibit A Chapter 12.60 ROAD NAMING SYSTEM Sections: 12.60.010 Purpose. 12,60.020 Definitions. 12.60.030 Responsibilities of the public works department. 12.60.040 Appointment and responsibilities of the citizen address and, road name appeals committee. 12.60.050 Requirement for road name. 12.60.060 Criteria for road name selection. 12.60.070 Name assignment procedure. 12.60.080 Road name signs. 12.60.090 Road sign specifications. 12.60.100 Address numbering system. 12.60.110 Correction of address number sequence. 12.60.120 Address number assignment. 12.60.130 Life, safety and property protection standards for address designation markers. 12.60.140 Road name changes and procedures. 12.60.150 Master map. 12.60.160 Compliance requirements and penalties. 12.60.190 Severability. 12.60.010 Purpose. The purpose of this chapter is to provide for a logical system of road naming and address numbering, which is consistent with the desires of Whatcom County residents, with the Whatcom County Comprehensive Plan, and with the practical needs of county residents, emergency service providers, and visitors. (Ord. 96-049). 12.60.020 Definitions. A. "Address" means the appropriate combination of address number, directional prefix or suffix, road name, and road type, e.g., 100 East Bakerview Road. B. "Address grid system" means an imaginary network of uniformly spaced horizontal and perpendicular lines used to establish regularly spaced intervals as the basis for assigning address numbers. C. "Address marker" means a marker with numbers on two sides used to designate an address number along a road, or numbers affixed -to a building. D. "Address number" means the assigned property number which is written ahead of the road name, e.g., '525' Noon Road, and shall be numerical only. 325 Exhibit A E. "Alpha road name" means a word, usually a proper or common noun, or a combination of words used to identify a road, e.g., 'Smith' Road, `Trout Lake' Road. F. "Applicant" means the individuals or entity responsible for initiating the creation or expansion of a road, or requestinq the change of the name of an existing road. G. "Block number" means the 100 number interval based on the address grid system. H. "Building address number including building designation" means the property number assigned to a building. I. "Directional prefix" is the word such as "West" or "East" placed ahead of the name of a road. J. "Directional suffix" is the word such as "West" or "East" placed after the road type, e.g., Willow Lane East. K. "Driveway": Primary function is to provide direct access to property. L. "Joint driveway" means a driveway with primary function to provide direct access for up to four properties. M. "Mobile home park" means any parcel of land or adjacent parcels of land in the same ownership which is utilized for occupancy by more than two mobile homes. N. "Numeric road name" means an ordinal number used to identify a road, e.g.,'2nd Street','31st' Avenue. O. "Private road" means a road which is on private property and which is maintained with private funds. P. "Recreational vehicle park" means a parcel of land in which three or more sites are primarily for occupancy by recreational vehicles for travel, recreation or vacation uses. Q. "Right-of-way" means a legal right of passage over a piece of land, generally established by either dedication, ownership, or easement. R. "Road" means a travel way intended for the use of motorized vehicles or other modes of transportation. S. "Road name sign" means a sign designating the name of a travel way. T. "Road name type" follows the road's alpha road name prepeFand indicates the type of travel way, e.g., Britton 'Road', Sunset'Lane'. (Ord. 96-049). 326 Exhibit A 12.60.030 Responsibilities of the public works department. A. Whatcom County department of public works, hereinafter called the department, is directed to assign and/or change address numbers to buildings and unimproved property, to facilitate and record the naming of roads, and to assure placement of road name signs, according to the provisions of this chapter. B. The department will recommend to the executive for approval by the county council rules and regulations regarding all address numbering and road naming policies. C. The department and the applicant shall work cooperatively and in a timely manner to facilitate and expedite the procedures required by this chapter. (Ord. 96-049). 12.60.040 Appointment and responsibilities of the citizen address and road name appeals committee. A. The county council shall appoint a citizen address and road name appeals committee, hereinafter called the "citizen appeals committee", of five members representing the diversity of Whatcom County residents. Committee members shall serve three-year overlapping terms and shall be eligible for reappointment. B. The responsibilities of the citizen appeals committee shall be as follows: 1. Consider and decide appeals of address numbering, and road name assignments and corrections; 2. Review and decide appeals in enacting the policies and procedures of this chapter; 3. Develop a list of preapproved road names from which applicants may choose; 4. May propose changes or additions in the county's address numbering, road naming,, and sign policy. C. Decisions by the citizen appeals committee may be appealed to the county council. (Ord. 96-049). 12.60.050 Requirement for road name. A. Road names shall be required for all public roads and private roads now existing or hereafter created when such roads: 1. Are any length and s9erve five or more lots; or 2. Are 1,000 feet or greater in length and serve three or more lots. B. Roads wham that are not required to be named by -per WCC 12.60.050.A above may also be named at the unanimous request of all the property owners served by the 327 Exhibit A road when said road serves three or four existing lots. beiRg served by the Foad to narne the read. (Ord. 96-049). 12.60.060 Criteria for road name selection. A. Objectives. Names should be pleasant sounding, appropriate, and easy to read and pronounce (so that the public, and children in particular, can handle the name in an emergency situation) and shall meet What -Comm (9-1-1) computer programming requirements. B. Recommended Types of Names. -Names of local historic families, individuals, landmarks and events, features of the natural terrain, plants and animals, names of aesthetic or community significance. C. Unacceptable Names. Numeric (e.g., 42nd, 56th, Fifty -Fifth, etc.) if they have already been used or if they do not conform to the address grid system; alphabetical letters (A, B, C, etc.); frivolous, complicated or unseemly names (e.g., My Road, Slick Road). D. Avoidance of Name Duplication. Similar sounding names shall be considered duplication regardless of spelling. No duplication of names shall be permitted within Whatcom County. Road type shall not be used to distinguish road names within these areas, except in logically compelling instances where there is contiguity (e.g. Oak Circle at the end of Oak Street; but not Oak Lane at a location not contiguous with Oak Street). _Directional indicators (e.g., North, South, Northeast) shall not be allowed as street names to distinguish noncontiguous roads (i.e., if there were an existing Wilson Road, "North Wilson Road" could not be considered a distinct, nonduplicative name). E. Road Type Designations. Due to existing road names, "view", "vista", "trail'. and "plaza" shall not be permitted as a road name type. The designation "highway" shall be reserved for state and federal administered roads. The road name types "road" and "street' shall be reserved for Whatcom County public roads only. F. Directional Prefixes. Roads running east -west which intersect (cross or abut) the Guide Meridian shall be prefixed "East' on the east side of the Guide and "West' on the west side of the Guide. G. Directional Suffixes. Directional suffixes shall not be allowed in road names. (Ord. 96-049). 12.60.070 Name assignment procedure. A. The applicant for a new road may propose three original names: a preferred name and two alternates. The department shall provide the road applicant with a copy of this chapter and a list of preapproved names from which a road name may be selected, if the applicant prefers not to propose an original name. B. If preapproved name is not selected, the road name approval process shall consist of submission to the department for review including What -Comm 9-1-1 and the local fire ehW districts according to the criteria set forth in WCC 12.60.060. 328 Exhibit A C. If an appeal is made, the citizen appeal committee shall evaluate the appeal with regard to compliance, review proposed road names for appropriateness, and make recommendations on new road names and road name changes. D. When the recommendations of the department and the citizen appeals committee do not agree, or when the applicant contests the decisions of the department and the citizen appeals committee, the matter may be referred to the council for consideration. (Ord. 96-049). 12.60.080 Road name signs. A. Signs on public county roads shall be placed and maintained by the county. When an applicant dedicates a road to the public, the applicant shall pay for the initial installation of the road name sign(s). B. Signs on new private roads shall be installed and maintained by the applicant in accordance to Whatcom County Development Standards. On existing private roads, the responsibility for installation and maintenance of signs shall rest collectively with the owners of real property which abuts or may use the private road as access or as outlined in the plat covenants. (Ord. 96-049). 12.60.090 Road sign specifications. A. For Arterial Roads. The color and letter size shall be consistent with current county road signs for all public county roads. B. For Private Roads. Signs designating private roads shall be the same style as public road signs in accordance with Whatcom County Development Standards. Bleek numbers shall be shown on or with a4 12.60.100 Address numbering system. A. An address numbering system following a grid pattern of 400 three- or four -digit numbers per mile meets current and projected future needs in Whatcom County. This system provides for one address number every 26.4 feet on either side of the road. (Ord. 96-049). B. Except for Point Roberts, the horizontal (east -west) base line is the Whatcom County and Skagit County border. Numbers 0 to 99 are reserved for parcels in Skagit County that access and are addressed on Whatcom County roads. The base line is 100, and addresses increase to the north by 100 numbers per quarter -section line. 400 numbers per approximate mile. C. Except for Point Roberts, the vertical (north -south) base line is the dividing line between range 2 east and range 3 east (Guide Meridian for most of the county). The base line is 100 and addresses increase going east and increase goinq west by 100 numbers per quarter -section line 400 numbers per approximate mile. D. For Point Roberts, the horizontal (east -west) base line is the theoretical western section line of 40N 3W 33. The base line is 1000 and addresses increase going east by 100 numbers per quarter -section line. 329 Exhibit A 400 numbers per approximate mile. The vertical (north -south) base line is the Canadian border. The base line is 0, and numbers increase to the south by 100 numbers per quarter -section line, 400 numbers per approximate mile. E. Addresses on the north side of an east -west running road will be even numbers; addresses on the south side of an east -west road will be odd numbers. Addresses on the east side of a north -south running road will be even numbers; addresses on the west side of a north -south road will be odd numbers. 12.60.110 Correction of address number sequence. The department shall make corrections where necessary to accomplish full implementation of the address numbering system for all county addresses in accordance with the following time -line and criteria: A. The department shall correct addresses beginning in 1997, and shall continue until the entire county has been reviewed and corrected. ,C—B. Notices of address corrections shall be mailed to affected property owners in OGtober, and become effective in six months after notification by the department. 12.60.120 Address number assignment. A. The department shall assign address numbers to previously unaddressed lots prior to issuance of a building permit. B. New address number assignments and address number corrections shall follow the address number system. New address numbers shall logically fit into the existing numbering system of the particular area. When incorrect address numbers are found during the permit process, corrections should be made to those addresses at that time. C. One address per legal lot of record shall be assigned, and except ' when the lot of record hosts: 1. One or more individual multiple dwelling or multiple occupant buildings (e.g., apartment buildings, condominiums, duplexes, quadplexes, office buildings, strip malls), then each building shall have There shall be onea separate address 330 Exhibit A multidwelloRg unit. 2. One or more permitted detached accessory dwelling units, then each unit shall have a separate address. D. For nondwelling type detached accessory structures (e.g., shops, garages, barns), separate addresses shall not be assigned different from the primary lot of record address. E. For multiple dwelling and multiple occupant building, alpha designator or suite number suffixes shall also be used in combination with the primary lot of record address. F. For permitted attached accessory dwelling units, alpha designator suffix use is optional in combination with the primary lot of record address. G. For mobile home and recreational vehicle parks, site numbers shall be assianed to the individual mobile home or recreational vehicle sites and not to the mobile homes or recreational vehicles themselves. One address number shall be assigned to the mobile home or recreational vehicle park as a whole. The address of any one unit in the mobile home or recreational vehicle park shall consist of the mobile home or recreational vehicle park address followed by the site number. 12.60.130 Life, safety,, and property protection standards for address designation markers. A. The owner of real property on which any building is located which is habitable or tenantable for residential, commercial, business, storage, or other purposes shall be responsible for ensuring that the proper address numbers are placed in such a position as to be plainly visible and legible from the road fronting the property. B. Address Designation Marker. Where the building is not visible from the road or the address is not legible from the road, or more than one building is on a site, one address designation marker per building or address shall be provided at the junction of the driveway and the named road, and another address designation marker should be provided at the intersection of the individual driveway and the joint driveway. The ultimate responsibility for health and safety issues on private property rests with the property owner. 1. Placement. Address designation markers shall be placed so that the numbers are not obstructed by grass or landscaping. Installation and maintenance are the responsibility of the property owner. 331 Exhibit A 2. Installation. Installation and maintenance of temporary address designation markers during all permitted construction shall be the responsibility of the permit applicant in compliance with subsections B and C of this section. 3. Specifications. Address designation markers must be visible at night. The minimum standard shall be three-inch numbers arranged horizontally or vertically on a clearly contrasting background. Reflective numbers and reflective backgrounds are recommended. Blue and white are the recommended colors to be used on address designation markers. C. The property owner(s) of mobile home and recreational vehicle parks are responsible for ensuring that each space is marked with the individual site number. The site number shall be easily visible and legible and affixed to some permanent structure located on the space. In mobile home and recreational vehicle parks with multiple access lanes, the access lanes shall be marked with the range of site numbers served. E1 Map Signs. In apaFtment complexes where multiple buildings exist, map signs are recommended to be posted at the main entrance of the complex. (Ord. 96-049). 12.60.140 Road name changes and procedures. Some road names warrant being changed in order to reduce confusion arising from duplicate names or by different names on segments of the same travel way (which may or may not change direction). In addition, a request may be made to change an existing road name. Whenever possible, road name changes shall be made concurrently with correction of address number sequencing (refer to WCC 12.60.110). The road(s) shall be renamed by the following procedure: A. For department -initiated road name changes, he department shall notify all property owners with addresses that use the current road name (affected property owners) that their road(s) requires a name change. Within this notification, the affected property owner witl-shall be informed of the opportunity they have to participate in the selection of the new road name, and the department w&shall also outline the following: 332 Exhibit A First Notification: 1. The reason for the road name change (duplication, merging roads, etc.); 2. The two (or more) existing affected road names; 3. The department may recommend road name(s) or changes based on the following criteria: a. WCC 12.60.060, Criteria for road name selection, b. WCC 12.60.070, Name assignment procedure, c. Historical records (deeds, plats, etc.), d. Date on which road(s) were named, e. Number of affected residents and/or property owners of record located on each road, f. Extenuating circumstances known by the department, g. Preapproved road name list; 4. The date at which a response is due back to the department, any additional circumstances to be considered, and the road name proposals (a three-week period). Second Notification: 1. A brief summary of prior notice; 2. A list of all proposed road names submitted by residents; 3. A date in which the residents need to submit their top two choices (a two -week period). Third Notification: 1. Tallied results from responses for new road name. The department will strive to obtain consensus. 2. An outline of the appeal process with the deadline to submit an appeals request (three weeks from date of third notice); 3. The department will make the official road name announcement; 4. The date when the new road name may become effective (additional three-week period). (Ord. 96-049). 333 Exhibit A B. For non -department -initiated road name changes, the applicant shall submit a road name change application form (which the department shall create and maintain consistent with this chapter) to the department, together with the fees per the Whatcom County Unified Fee Schedule. 1. Each road name change application shall include the following: a. A vicinity map showing the existing road. b. The current name of the road. c. The proposed name of the road. d. The reason for the road name change. e. List of names, mailing addresses, and parcel numbers of all property owners with addresses that use the current road name (affected property owners). f. Typed, self -adhering ,(self -stick) mailing labels containing the names and addresses of all affected property owners. g. A notarized affidavit certifying that the above statements and the information contained in any papers or plans submitted are true and accurate to the best of the applicant's knowledge, and that the list of affected property owners is complete and current. 2. The department will send a notice of the requested road name change to the affected Property owners, What -Comm 9-1-1, and the local fire district(s), asking for comments on the requested road name change. 3. The notice will provide a 30 day comment period. 4. The department shall provide a staff report to the Whatcom County Council including, but not limited to, the following information: a. The comments received on the requested application. b. An analysis on the name change meeting the criteria of WCC 12.60.060. c. Cost of changing the road signs. 5. The Whatcom County Council will hold a public hearing and make a decision on the request. 334 Exhibit A 6. If the Whatcom County Council approves the request, the ordinance changing the road name will include the requirement for the applicant to reimburse the department for the actual cost of the road sign changes. 12.60.150 Master map. The department shall develop a master map of all public and private roads in Whatcom County in conjunction with WCC 12.60.110 and shall maintain and keep current thereafter. (Ord. 96-049). 12.60.160 Compliance requirements and penalties. A. All address assignments or changes duly required by the department shall be recorded on title transfers. B. Any person, firm, or corporation violating any of the provisions of this chapter, or of the codes adopted by reference by this chapter, shall be deemed guilty of a civil offense and shall be given 30 days to correct the situation and shall be fined not more than $250.00 for each offense. (Ord. 96-049). 12.60.190 Severability. If any portion of this chapter is deemed to be invalid or inoperative, all remaining sections shall continue in effect. (Ord. 96-049). 335 'INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and executed by and between WHATCOM COUNTY, a municipal corporation of the State of Washing- ton, hereinafter designated as the "County", and the Lummi Indian Tribe, an Indian Tribe recognized as such by the federal government, hereinafter designed as "LIT". WHEREAS, the parties to this Agreement recognize the need for c:l<3 .erg:=:;:<>::gts order to promote the efficient administration of a variety of governmental services for the benefit of their constituents. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. The County recognizes the importance of identifying the boundaries of the Lummi Reservation and hereby acknowledges the propriety of placing suitable signs identifying same at appropriate boundary points. 2_ The County shall recognize and give effect to build- ing, construction, zoning, shoreline management, development, and other similar permits issued by the LIT planning office for property located upon the Lummi Reservation; provided, that the standards for issuance of such permits by the Tribe shall be the same as those imposed by the County_ This provision is not intended to 11-m.i.t or.remove the County's authority to issue permits for those properties within the Reservation subject to County jurisdiction_ 3. With regard to land located within the Lummi Reser- vation., the County shall cause a stamp to be placed upon all deeds, permits, records and tax statements filed with or issued by the County to the effect that such land is located within the Lummi Indian Reservation and tribal laws may apply to the land and activities occurring thereon. The stamp shall give the address and telephone number of the LIT offices. i 336 4. The county and LIT shall. seek to obtain grants or other funding for the purpose of repairing and/or upgrading Lummi. Shore Road. 5. The County Engineer shall determine whether access for children to the reach area on Lummi Shore itoad, at the Portage, is feasible either through removal. of a portion of the rip rap, construction of a walkway, or by some other means which will not adversely affect the roadway or i.nour significant cost. If such access is feasible, the County and LIT will. jointly undertake implementation of such project. 6, A name, to be chosen by LIT, shall. be added to Haxton Way So aS to create a new roadway designation incorporat- ing both names. Ten years subsequent to creation of the new designation the parties shall determine, by mutual agreement, whether the designation shall be retained, altered, or otherwise chanced. 7. The LIT is working on plans for the development of the Gooseberry Point Small Boat Harbor. The County recognizes that this project involves LIT property located exclusively within the boundaries of the Lummi Reservation and, therefore, that the LIT has jurisdiction over said project. LIT agrees that the construction, use and enjoyment of the Gooseberry. Point Small Boat Harbor shall be conducted in such a manner as not to interfere with the operation of the County ferry service to Lummi Island. 8. The County Sheriff shall recommend members of the tribal police force to the State Patrol Academy; provided, that the tribal police meet. the Sheriff's standards for deputies, 9. Whereas, the County has agreed to formally rec- ognize the LIT as the government of the Lumrtii. Indian Reservation 337 within the framework of Federal, Tribal and `Mate law, and to treat the Lummi Indian Tribe as a self-governing entity, the LIT hereby agrees to exercise its governmental powers, as to all people coming within its jurisdiction, in accordance with the requirements and principles of due process of law and the equal, protection of the laws. 10. This Agreement is conditioned upon the entrance, and approval by the court, of a Consent Decr~oe t,)y the parties hereto in the federal district court tinder Civil Action No. 79-682R. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this (� day of 1982. LUMMI INDIAN TRIBE WHPATCOM COUNTY JOHN LOUWS County Executive 338 -3- WHATCOM COUNTY COUNCIL AGENDA BILL NO 2014-271 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Erin E. Osborn July 22, 2014 Introduction (�j . 1Zs �� _� _ , \ �- FO) Dept. Head: J. E. "Sam" Ryan Prosecutor: -, T e-151 August 5, 2014 Council/Hearing Royce Buckingham 20114 Purchasing/Budget: AN 10/ VIV H Executive: Jack LLows• � • / � COUNCIL �NCIL TITLE OF DOCU A resolution approving recommendations on one application for open space current use assessment on lands located within the City of Ferndale. ATTACHMENTS: Cover Memo, Draft Resolution, Planning Commission Facts & Findings, and Planning Commission June 26, 2014 Work Session Draft Minutes Background Documents on file with the Council Office: Staff Report, Maps, Photos, and other Documents. SEPA review required? ( ) Yes ( X ) No Should Clerk schedule a hearing? ( X ) Yes O No SEPA review completed? ( ) Yes N/A Requested Date: August S, 2014 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: In accordance with WCC, Section 3.28.020 which establishes procedures for processing applications for open space current use taxation, Whatcom County Planning Commission recommendations are hereby forwarded to the Whatcom County Council to approve in whole or in part or to deny one application for open space current use assessment as authorized by the Open Space Taxation Act (Chapter 84.34 RCW). The lands that are subject of this application are located entirely within the corporate boundaries of the City of Ferndale. The Open Space Taxation Act provides that the City and County may meet as one body to act on such applications or hold separate hearings. The City of Ferndale Planning Director has indicated that the City has elected to take separate action and expects to hold a separate hearing on this application on or about August 18, 2014. Official action taken by City of Ferndale after a second hearing will complete the approval/denial on this application in accordance with RCW 84.34.037(1). A draft resolution has been prepared to initiate Council action should they wish to approve Planning Commission recommendations, and a copy of this resolution has been forwarded to the City of Ferndale for review in making its decision on whether to approve in whole or in part or deny the subject application. * Distribution Request: Assessors Office — Janice Judge COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #: Related File Numbers: OS2014-1 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. 339 WHATCOM COUNTY &J.E. "Sam" Ryan Planning & Development Services `� Director 5280 Northwest Drive, Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax MEMORANDUM TO: Honorable Jack Louws, Whatcom County Executive, & Honorable Members of the Whatcom County Council THROUGH: J.E. "Sam" Ryan, Planning & Development Services, Director FROM: Erin Osborn, Planner C-r:C) DATE: July 14, 2014 SUBJECT: Open Space Application in City of Ferndale Presented here for your consideration is an attached packet containing Planning Commission recommendations to approve one application for open space tax classification located within the City of Ferndale. A draft resolution is also attached should the Council wish to approve recommendations made by the Planning Commission, after a public hearing is held on the application. The applicant is requesting reclassification of land currently classified as designated forest land (Chapter 84.33 RCW) to Timber Land as authorized under the Open Space Taxation Act (Chapter 84.34 RCW). This application was reviewed as part of a larger group of applications presented to the Planning Commission last month, but because the land is located in an incorporated area, it requires a slightly different approval process. The County Council, acting as granting authority, may approve in whole or in part or deny applications to classify or reclassify land in the unincorporated areas of the county. Applications to classify or reclassify land located within the jurisdiction of an incorporated area may be approved after a decision is made by a joint granting authority that assembles as one body (composed of three members of the County and three members of the City), or by each body taking separate identical affirmative acts. (RCW 84.34.037) The City of Ferndale has indicated that instead of assembling as a one body, it prefers to take separate action at its own hearing likely to be held on August 18, 2014. The City has expressed an inclination to approve the application subject to a condition, paraphrased: 'approval will not exempt current or land owners or heirs from the requirement of obtaining City of Ferndale land use development permits'. I look forward to presenting a brief overview on this application at an upcoming public hearing. Thank you. 340 Draft Resolution (City) File Ref: OS2014-1 (July 8, 2014) RESOLUTION NO: Page 1 of 6 SPONSORED BY: Planning PROPOSED BY: Planning INTRODUCTION DATE: 07 22 14 APPROVING RECOMMENDATIONS ON APPLICATIONS FOR OPEN SPACE CURRENT USE ASSESSMENT WHEREAS, The Open Space Taxation Act, codified as Chapter 84.34 RCW, gives counties authority to approve applications for current use classification and reclassification for the following classifications: Open Space Land, Farm & Agricultural Conservation Land, Farm and Agricultural Land, and Timber Land; and WHEREAS, Pursuant to Whatcom County Code, Section 3.28.020, applications for the classification of Open Space Land, Farm & Agricultural Conservation Land and Timber Land are received and evaluated by Whatcom County Planning and Development Services Department staff, and the results of this evaluation are then presented to the Whatcom County Planning Commission for their review and consideration in making recommendations to the County Council on whether to approve the applications in whole or in part; and WHEREAS, Pursuant to RCW 84.34.055 and WAC 458-30-330 Whatcom County has adopted a Public Benefit Rating System (PBRS) by Ordinance # 95-040, which is used by staff to rate applications for Open Space Land and Open Space Farm & Agricultural Conservation Land; and WHEREAS, Pursuant to Whatcom County Ordinance # 95-040 applications for Timber Land are no longer reviewed under the County's PBRS, and are instead reviewed for consistency with the definition of Timber Land as defined in RCW 84.34.020(3) and the required Timber Management Plan is reviewed for conformance with RCW 84.34.041; and WHEREAS, On June 26, 2014, the Whatcom County Planning Commission held a work session and considered staff recommendations, asked clarifying questions from applicants or their agents who were present on applications referenced in Master File Number OS2014-1, and voted to make recommendations 341 Draft Resolution (City) File Ref: OS2014-1 (July 8, 2014) Page 2 of 6 to the Whatcom County Council on whether to approve in whole or in part or deny each application; and WHEREAS, Pursuant to RCW 84.34.037, applications to classify or reclassify lands that are located entirely within unincorporated Whatcom County are approved or disapproved by the County Council who acts as the granting authority; and WHEREAS, One of the applications referenced under Master File Number OS2014-1 (E. Bailey & Bailey Trust) was a split jurisdiction application, comprising lands located both in the City of Ferndale and also comprising lands located within unincorporated Whatcom County; and WHEREAS, Applications to classify or reclassify land that are located entirely within an incorporated area must be acted upon by a joint granting authority, whereby applications may be approved by each legislative authority taking separate but affirmative actions, or by three members of each legislative body meeting together as one body to act on applications for the purposes of approval or denial; and WHEREAS, The City of Ferndale Planning Director indicated that due to various challenges associated with scheduling, the Ferndale City Council would likely prefer to act separately on the applications, and proposed that the City Council would likely schedule and hold a separate hearing on the subject applications on or about August 18, 2014; and WHEREAS, On August 5, 2014, in good faith that the City of Ferndale would take its own action on the subject applications, the Whatcom County Council held its own public hearing and considered recommendations from the Whatcom County Planning Commission, staff recommendations, and considered all input from the public on the application referenced in Master File Number OS2014-1 that is located on lands located within the City of Ferndale; and WHEREAS, Pursuant to WAC 197-11-800(6)(c), matters relating to Open Space Current Use Assessment are exempt from environmental review under the State Environmental Policy Act (SEPA); and WHEREAS, Pursuant to RCW 36.70.390, the statutory requirements regarding legal notice have been met; and WHEREAS, The County Council has adopted the following pertinent Findings of Fact and Reasons for Action: 1. Whatcom County Planning and Development Services received five applications to classify or reclassify land under the open space current use program (Chapter 84.34. RCW) on lands located within the jurisdiction of Whatcom County and on lands located within the City of Ferndale. These applications were processed as a group under Master File Number OS2014-1. 342 Draft Resolution (City) File Ref: OS2014-1 (July 8, 2014) Page 3 of 6 2. Of the five applications referenced in OS2014-1: one is for Open Space Land (OSL), one is for Farm and Agricultural Conservation Land (a sub- classification of open space land) (OSFACL), and three applications are for the classification of Timber Land (OSTL). Upon receipt of these applications, Planning and Development Services staff evaluated the open space land and farm and agricultural conservation land applications with the Public Benefit Rating System (PBRS), and evaluated applications for timber land for conformance with Subsection 84.34.020(3) & 84.34.041 of the Open Space Taxation Act (RCW 84.34). 3. Staff prepared a report for the Planning Commission with recommendations on whether to approve in whole or in part or to deny these applications based on review with the applicable evaluation criteria and scores assigned (as applicable). This report was presented to the Whatcom County Planning Commission and to members of the public who were present at the Whatcom County Planning Commission meeting work session held on June 26, 2014. 4. At the June 26, 2014 Planning Commission Work Session, staff gave an approximately 30 minute overview presentation on the Open Space Current Use Program, its statutory and local authority, a brief overview on the Open Space Taxation Act, and outlined the respective roles of the Planning Commission, County Council, County Assessor's Office, and Joint Granting Authority (for applications located within incorporated areas) in reviewing these type of applications. As part of this overview presentation, staff noted that decisions made to approve or deny applications authorized under the Open Space Taxation are reviewable (by Superior Court) only for "arbitrary & capricious actions". Staff also noted, that based on earlier Planning Commission suggestions, and per direction from the County Council and County Executive a preliminary draft report had been prepared by staff which summarized the PDS open space current use program, analyzed key issues in program administration, and that this report (dated December 6, 2013) had been submitted to PDS management and County Executive for their review. 5. Upon conclusion of the staff overview on the open space current use program, staff then made an approximately 45 minute presentation going over each of the individual applications referenced in Master File OS2014- 1, pausing to answer questions from commissioners. The single application for the classification of open space land was presented first, followed by the single application for farm and agricultural conservation land, and then a presentation on the three timber land applications. Staff noted that of the applications for timber land one was a "split jurisdiction", noting that after the application was received portions of the land subject of application was annexed by the City of Ferndale. Staff suggested that commissioners wait to deliberate and make motions on each application until after staff presentation on individual applications. 6. After staff presentations and Planning Commission deliberation and votes on the Open Space Land and Farm and Agricultural Conservation Land applications, staff presented the timber land applications. 7. Staff explained to the Planning Commission that staff recommendations of 343 Draft Resolution (City) File Ref: OS2014-1 (July 8, 2014) Page 4 of 6 approval on timber land applications are based on whether the application meets the definition of timber land as defined in RCW 84.34.020(3), and whether the Timber Management Plan submitted on file as part of the application is consistent with RCW 84.34.041 which outlines the elements of a timber management plan. Based on staff review and site inspections, staff recommended approval on all three of the timber land applications. Staff recommendations of approval were based on review of the timber management plans submitted, site inspections to verify that forest conditions matched those identified in the Plans, and for overall conformance with state law. 8. Prior to voting on timber land applications, one of the Planning Commissioners asked for information about the loss of revenue or shift in taxes that would result from approving an application for timber land, and asked why this information was not provided on the timber land applications. Staff indicated that this information was not provided because it is not one of the criteria considered for approval or disapproval. The commissioner asked if staff would be prohibited from providing this information, and staff indicated that while there is no prohibition on the provision of this information, adding that it could be provided in the future, it can't be the basis on which a decision to approve or not, approve is based, because this information is not a criteria for approval. The commissioner indicated that he would vote to deny all of the timber land applications because information on loss of revenue or shift in taxes was not provided. 9. Whatcom County Planning Commissioners considered staff findings and recommendations on the E. Bailey and Bailey Trust application, and staff suggested that two separate votes be taken on the E. Bailey and Bailey Trust application respective of the jurisdiction in which the subject property was located. 10. After deliberations, the Planning Commission voted to recommend that the County Council approve the portion of the E. Bailey and Bailey Trust timber land application in the jurisdiction of the City. 11. The Planning Commission also voted to recommend that the County Council approve the E. Bailey and Bailey Trust timber land application unincorporated Whatcom County. 12. On July 1, 2014, PDS staff contacted City of Ferndale Planning Director, Jori Burnett and a discussion was held to learn about the City's preferences on review of the subject applications. Mr. Burnett indicated that due to various challenges with scheduling, it would probably be best if the City would hold its own hearing to approve a separate resolution to act on the subject application. Mr. Burnett requested that any approval by the County Council include a granting condition affirming that 'any approval granted does not exempt the owner or subsequent heirs from land use development permits required by the City of Ferndale'. PDS staff agreed to forward this to the Whatcom County Council, adding it as a proposed condition in a draft resolution prepared for the County Council's consideration. 344 Draft Resolution (City) Page 5 of 6 File Ref: OS2014-1 (July 8, 2014) 13. On July 8, 2014, Planning & Development Services staff prepared a report on behalf of the Planning Commission containing Facts, Findings, and Reasons for Action on all applications referenced under OS2014-1. 14. On July 8, 2014, Planning & Development Services prepared an Agenda Bill, Draft Resolution and attachments including all relevant information on file in regards to one application on lands located within the City of Ferndale, referenced under OS2014-1, and forwarded these materials to the Whatcom County Council. The agenda bill requested that the draft resolution be introduced at the regularly scheduled Council Meeting to be held on July 22, 2014, and also included a request for a public hearing to be scheduled on August 5, 2014. 15. On July 22, 2014, a draft resolution was introduced to the Council agenda for consideration by the County Council at a later date. 16. A public hearing was scheduled to take place before the County Council at their regularly scheduled evening meeting, to be held on August 5, 2014. Notice of this public hearing was published in the Bellingham Herald prior to the hearing. In addition, Applicants were sent a letter by US Mail stating that a public hearing would be held on their individual applications on August 5, 2014. 17. On August 5, 2014, the Whatcom County Council held a public hearing on applications to classify or reclassify lands that are located within the City of Ferndale as referenced under OS2014-1, and after considering all relevant information, and after considering input from the public, they made a final decision on whether to approve in whole or in part or deny the application referenced under OS2014-1 that is on lands located within the City of Ferndale. NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL: 1. Recommendations on the application for open space current use assessment referenced in Master File Number OS2014-1 that is located on lands located within the City of Ferndale, listed below, is hereby approved subject to conditions as noted herein: Timber Land (OSTLI OSP2014-00001 — E. Bailey and Loren H. Bailey SR Credit Shelter Trust (application to reclassify lands located within the City of Ferndale) Application to reclassify as Timber Land from Designated Forest Land Loren H. Bailey SR Credit Shelter Trust 345 Draft Resolution (City) File Ref: OS2014-1 (July 8, 2014) Page 6 of 6 GEO ID: 390208 060364 0000 (PID: 90425): Application OSTL acres = 5.06 GEO ID: 390208 105297 0000 (PID: 90440): Application OSTL acres = 5.06 GEO ID: 390208 124252 0000 (PID: 90445): Application OSTL acres = 1.28 E. Bailey GEO ID: 390208 022379 0000 (PID: 90406): Application OSTL acres = 5.06 GEO ID: 390208 087338 0000 (PID: 90433): Application OSTL acres = 5.06 Total Application OSTL acres in City of Ferndale = 21.52 Whatcom County Planning Commission Recommendation: Approval: subject to the following conditions: 1. No less than 5 acres devoted primarily to the growth and harvest of forest products as defined in Title 76 RCW 2. Approved Timber Management Plan pursuant to RCW 84.34.041 3. Hold Harmless Agreement 4. Approval for reclassification from Designated Forest Land to Timber Land does not exempt the applicant/owner or any subsequent heir subject to this approval from requirements to obtain land use and development permits that are required by the City of Ferndale 2. The Whatcom County Council directs the Assessor to place the above referenced parcels into the appropriate open space current use classification. 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this resolution shall not affect or impair the validity of the resolution as a whole or any part thereof other than the part so declared to be invalid. APPROVED this day of , 2013 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Dana Brown -Davis Clerk of the Council APPROVED AS TO FORM: C' ' Prosecutor Carl Weimer Council Chair 346 WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT, REASONS FOR ACTION, AND RECOMMENDATIONS Applications for Open Space Current Use Assessment Master File Number OS2014-1 THE WHATCOM COUNTY PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT, REASONS FOR ACTION, AND RECOMMENDATIONS: FINDINGS OF FACT AND REASONS FOR ACTION Whatcom County Planning and Development Services received five applications to classify or reclassify land under the open space current use program (Chapter 84.34. RCW) on lands located within the jurisdiction of Whatcom County and on lands located within the City of Ferndale. These applications were processed as a group under Master File Number OS2014-1. 2. Of the five applications referenced in OS2014-1: one is for Open Space Land (OSL), one is for Farm and Agricultural Conservation Land (a sub- classification of open space land) (OSFACL), and three applications are for the classification of Timber Land (OSTL). Upon receipt of these applications, Planning and Development Services staff evaluated the open space land and farm and agricultural conservation land applications with the Public Benefit Rating System (PBRS), and evaluated applications for timber land for conformance with Subsection 84.34.020(3) & 84.34.041 of the Open Space Taxation Act (RCW 84.34). 3. Staff prepared a report for the Planning Commission with recommendations on whether to approve in whole or in part or to deny these applications based on review with the applicable evaluation criteria and scores assigned (as applicable). This report was presented to the Whatcom County Planning Commission and to members of the public who were present at the Whatcom County Planning Commission meeting work session held on June 26, 2014. 4. At the June 26, 2014 Planning Commission Work Session, staff gave an approximately 30 minute overview presentation on the Open Space Current Use Program, its statutory and local authority, a brief overview on the Open Space Taxation Act, and outlined the respective roles of the Planning Commission, County Council, County Assessor's Office, and Joint Granting Authority (for applications located within incorporated areas) in reviewing these type of applications. As part of this overview presentation, staff noted that decisions made to approve or deny 347 PC Facts & Findings File Ref: OS2014-1 July 8, 2014 Page 2 of 9 applications authorized under the Open Space Taxation are reviewable (by Superior Court) only for "arbitrary & capricious actions". Staff also noted, that based on earlier Planning Commission suggestions, and per direction from the County Council and County Executive a preliminary draft report had been prepared by staff which summarized the PDS open space current use program, analyzed key issues in program administration, and that this report (dated December 6, 2013) had been submitted to PDS management and County Executive for their review. 5. Upon conclusion of the staff overview on the open space current use program, staff then made an approximately 45 minute presentation going over each of the individual applications referenced in Master File OS2014-1, pausing to answer questions from commissioners. The single application for the classification of open space land was presented first, followed by the single application for farm and agricultural conservation land, and then a presentation on the three timber land applications. Staff noted that of the applications for timber land one was a "split jurisdiction", noting that after the application was received portions of the land subject of application was annexed by the City of Ferndale. Staff suggested that commissioners wait to deliberate and make motions on each application until after staff presentation on individual applications. 6. Staff recommended approval on the application for Open Space Land (Hurlbut). Staff recommendation of approval on this application was based on an assigned Public Benefit Rating (PBR) score of 45 points or higher which, pursuant to Whatcom County Open Space Policies and Criteria and Public Benefit Rating System is consistent with a staff recommendation of approval. Staff recommended approval after scoring the application with a public benefit rating (PBR) of 92.75. The Hurlbut proposal included public access to the rear of the lots under consideration from the access that is provided to Stimpson Reserve and Lake Geneva Preserve abutting their .044 (+/-) parcel acres. Proposed public access to the wooded and grassy area north of the subject acres could be used for a view point overlooking the lake, and for viewing birds and terrestrial species that frequent the site. 7. After deliberation, Planning Commissioners came to a consensus to recommend that the County Council approve the Hurlbut application in its entirety subject to staff's recommended conditions. 8. Staff recommended approval on the single application for Farm and Agricultural Conservation Land (Hemnes). Staff recommendation of approval on this application was based on an assigned Public Benefit Rating (PBR) score of 45 points or higher, which pursuant to Whatcom County Open Space Policies and Criteria and Public Benefit Rating System is consistent with a staff recommendation of approval. Staff recommended approval after scoring the application with a public benefit rating (PBR) of 57.12. 2 KM PC Facts & Findings File Ref: OS2014-1 July 8, 2014 Page 3 of 9 9. The Hemnes property was purchased in 2014. The land was (and at time of review was still) classified as Farm and Agricultural Land. Staff explained that current classification that applies to the land is different than the farm and agricultural conservation land classification being sought in that farm and agricultural land requires the owners to show income from commercial agriculture, but farm and agricultural conservation land does not. At the time of sale, it was discovered by the Assessor that the previous owners could not demonstrate income from commercial agriculture; therefore the Assessor signed off on the Notice of Continuance pending reclassification to a different classification authorized under the Open Space Taxation Act, by the new owners, Lucas and Amy Hemnes. 10. The Hemnes family manages a herd of approximately 55 head of beef cattle and uses the 3.81 acres to pasture about 4 head of beef (yearlings) as part of the larger operation. The long term plan is to continue to raise beef on the subject parcel, rotating stock during the winter months over to a barn and additional rented agricultural land on the Siper Road. Beef from the Hemnes herd is processed at a facility in Bow, Washington, and is sold locally to Boundary Bay Brewery, located in the city of Bellingham. 11. A proposed public access statement was discussed verbally between the applicant and staff, and then later confirmed with a written public access statement and proposed rules of public conduct. The proposal was that the applicants would give farm tours to prospective customers, and would be willing to provide farm educational opportunities to youth groups such as 4-H by appointment. Staff noted, there is ample off- street parking, and an open space sign could be posted at the corner of Sand Road and Sundown View Lane. 12. Staff explained to the Planning Commission that the Open Space Taxation Act authorizes counties to approve Open Space Land and Farm and Agricultural Conservation Land applications subject to specific conditions. Given that the owners expressed a desire to continue a long term agricultural operation on the subject property; they may at some point in the next 3-5 years be able to qualify for the Farm and Agricultural Land classification administered by the Assessor. To qualify for that classification, and although subject to change, current income requirements (revenue from commercial agriculture) would be $1,500.00 per year for three out of the five years preceding the date of application.. The County Council could approve this application subject to a farm plan that outlines a program for meeting income requirements associated with the Farm and Agricultural Land classification, and eventual reclassification back to the Farm and Agricultural Land classification within a certain time frame. Staff provided the Planning Commission with a Property Tax Advisory 01 349 PC Facts & Findings File Ref: OS2014-1 July 8, 2014 Page 4 of 9 from the Department of Revenue which states: "...additional eligibility requirements for the open space and timber classifications must not conflict with state law and not arbitrarily or capriciously restrict access to either classification." 13. After deliberation, and after considering staff input, Planning Commissioners came to a consensus that they would be willing to recommend that the County Council approve the Hemnes application subject to a condition requiring the applicants within four years of approval for Farm and Agricultural Conservation Land as defined in RCW 84.34.020(1)(c)(8)(a) to apply for and be approved for the classification of Farm and Agricultural land as defined in RCW 84.34.020(2(c). Subject to this proposed condition, the Planning Commission voted to recommend that the County Council approve the Hemnes application in its entirety. 14. Staff discussed the special condition in the above finding (No. 13) with PDS County attorney and with Department of Revenue staff. After these discussions, staff concluded that it might be more consistent with the purpose of classification if the condition was worded differently, as follows: "Within four years of application approval, the applicants must apply for and demonstrate that they meet income requirements established in the Open Space Taxation Act for approval of the Farm and Agricultural Land classification as it is defined in RCW 84.34.020(2)(c)." Staff's conclusion was based on a reconsideration of the purpose of the reclassification and the definition of the classification being sought, i.e. land previously classified as farm and agricultural land that is no longer able to meet income requirements associated with qualification as farm and agricultural land. If a condition required an approval by independent entity, if for some reason it was not approved, even though the applicants might show income to qualify for classification as farm and agricultural land, and even though they might apply, the act of approval would be outside of the applicant's control, and a disapproval might not be consistent with state law or the purpose of classification. In addition, staff noted that it would be in the interest of the applicant to return to farm and agricultural land, because the reduction in assessed value would likely to be more than in the farm and agricultural conservation land classification. 15. Staff presented information that described the estimated resulting tax shift that would occur if the Hurlbut and Hemnes' applications were to be approved. Using figures provided by the County Assessor's Office, it was noted that the assessed property value reduction would result in an estimated tax shift of approximately $170.10 (Hurlbut) and $705.99 (Hemnes) to other tax payers per year if the applications were to be approved. Staff was not able to provide information to the Planning Commission about what how the overall tax shift would affect individual property owners because it would be a very difficult calculation to perform. This 0 350 PC Facts & Findings July 8, 2014 File Ref: OS2014-1 Page 5 of 9 is because not all property owners located in a geographic tax code area are subject to the same set of taxing district levies, and therefore it would not be as simple as dividing the number of parcels by the monetary shift in taxes to obtain an estimated tax shift on a per parcel basis. 16. After staff presentations and Planning Commission deliberation and votes on the Open Space Land and Farm and Agricultural Conservation Land applications, staff presented the timber land applications. 17. Staff explained to the Planning Commission that staff recommendations of approval on timber land applications are based on whether the application meets the definition of timber land as defined in RCW 84.34.020(3), and whether the Timber Management Plan submitted on file as part of the application is consistent with RCW 84.34.041 which outlines the elements of a timber management plan. Based on staff review and site inspections, staff recommended approval on all three of the timber land applications. Staff recommendations of approval were based on review of the timber management plans submitted, site inspections to verify that forest conditions matched those identified in the Plans, and for overall conformance with state law. 18. Prior to voting on timber land applications, one of the Planning Commissioners asked for information about the loss of revenue or shift in taxes that would result from approving an application for timber land, and asked why this information was not provided on the timber land applications. Staff indicated that this information was not provided because it is not one of the criteria considered for approval or disapproval. The commissioner asked if staff would be prohibited from providing this information, and staff indicated that while there is no prohibition on the provision of this information, adding that it could be provided in the future, it can't be the basis on which a decision to approve or not approve is based, because this information is not a criteria for approval. The commissioner indicated that he would vote to deny all of the timber land applications because information on loss of revenue or shift in taxes was not provided. 19. Whatcom County Planning Commissioners considered staff findings and recommendations on the E. Bailey and Bailey Trust application, and staff suggested that two separate votes be taken on the E. Bailey and Bailey Trust application respective of the jurisdiction in which the subject property was located. 20. After deliberations, the Planning Commission voted to recommend that the County Council approve the portion of the E. Bailey and Bailey Trust timber land application in the jurisdiction of the City. 21. The Planning Commission voted to recommend that the County Council approve the E. Bailey and Bailey Trust timber land application unincorporated Whatcom County. 22. Whatcom County Planning Commissioners considered staff findings and recommendations on the Engelund application for timber land and voted 5 351 PC Facts & Findings July 8, 2014 File Ref: OS2014-1 Page 6 of 9 to recommend approval to the County Council. 23. Whatcom County Planning Commissioners considered staff findings and recommendations on the Sunset SW LLC application and voted to recommended denial. During Planning Commissioner review, it was noted that the land that is subject of application is located on the shoreline of Lake Whatcom, and is designated Rural under the Whatcom County Shoreline Management Program (SMP). 24. Staff acknowledged that the land that was subject to application was located within the jurisdiction of the SMP, and indicated that staff had researched the matter to determine whether or not the land subject to the application could be harvested. Staff stated that the land subject of application contained five or more acres devoted primarily to the growth and harvest of timber for commercial purposes (5.63 acres); that the applicant had retained the services of a professional forester who prepared a Timber Management Plan that contained all of the elements of a Timber Management Plan, and according to PDS Natural Resource staff the owner could harvest of timber in the Rural SMP designation after a Shoreline Substantial Development Permit was applied for and approved, subject to specific conditions to protect the lake and its habitat functions. 25. The Planning Commission vote on a motion to recommend that the County Council approve the Sunset SW LLC application for Timber Land was 3 in favor and 3 against, which is a tie, indicating that the motion failed to recommend that the County Council approve the subject application. RECOMMENDATION Whatcom County Planning Commission recommendations to the Whatcom County Council on open space current use classification applications referenced under Master File Number OS2014-1 are listed below: Open Space Land (OSL) OSP2014-00002 — Hurlbut New application to classify property as Open Space Land GEO ID: 380335 523242 0000: (PID: 82464) GEO ID: 380335 525241 0000: (PID: 82465) GEO ID: 380335 538230 0000: (PID: 82477) Total Parcel acres = 0.44 (+/-); OSL acres= 0.44 PBR 92.75 ESTIMATED SHIFT IN TAXES IF APPROVED: $170.10 Whatcom County Planning Commission Recommendation: Approval: subject to the following conditions: 0 352 PC Facts & Findings July 8, 2014 File Ref: OS2014-1 Page 7 of 9 1. Public Access as described in the Application Narrative 2. Small Open Space Sign posted on Lot # 19 3. Hold Harmless Agreement Farm & Agricultural Conservation Land (OSFACL) OSP2014-00005 — Hemnes Application to re-classify property from Farm & Agricultural Land to Farm and Agricultural Conservation Land (a sub -classification of Open Space Land) GEO ID: 390429 041191 0000: (PID: 107711) Total Parcel acres = 4.81; OSFACL acres= 3.81; Homesite acres = 1.00 PBR 57.12 ESTIMATED SHIFT IN TAXES IF APPROVED: $705.99 Whatcom County Planning Commission Recommendation: Approval: subject to the following conditions: 1. Public Access as described in the Application Narrative and Public Access Statement and Proposed Rules of Public Conduct (on file). 2. Open Space Sign posted at corner of Sundown Lane and Sand Rd. 3. Within four years of date of approval for reclassification to Farm and Agricultural Conservation Land the applicant must apply for and be approved for reclassification back to the Farm and Agricultural Land as defined in RCW 84.34.020(2)(c). 4. Hold Harmless Agreement Timber Land (OSTL) OSP2014-00001 — E. Bailey and Loren H. Bailey SR Credit Shelter Trust (application to reclassify lands located within the City of Ferndale) Application to reclassify as Timber Land from Designated Forest Land Loren H. Bailey SR Credit Shelter Trust GEO ID: 390208 060364 0000 (PID: 90425): Application OSTL acres = 5.06 GEO ID: 390208 105297 0000 (PID: 90440): Application OSTL acres = 5.06 GEO ID: 390208 124252 0000 (PID: 90445): Application OSTL acres = 1.28 E. Bailey GEO ID: 390208 022379 0000 (PID: 90406): Application OSTL acres = 5.06 GEO ID: 390208 087338 0000 (PID: 90433): Application OSTL acres = 5.06 Total Application OSTL acres in City of Ferndale = 21.52 Whatcom County Planning Commission Recommendation: 7 353 PC Facts & Findings July 8, 2014 File Ref: OS2014-1 Page 8 of 9 Approval: subject to the following conditions: 1. No less than 5 acres devoted primarily to the growth and harvest of forest products as defined in Title 76 RCW 2. Approved Timber Management Plan pursuant to RCW 84.34.041 3. Hold Harmless Agreement OSP2014-00001 — E. Bailey and Loren H. Bailey SR Credit Shelter Trust (application to reclassify lands located within unincorporated Whatcom County) Loren H. Bailey SR Credit Shelter Trust GEO ID: 390208 235213 0000 (PID: 90564): Application OSTL acres = 4.57 E. Bailey GEO ID: 390208 185232 0000 (PID: 90457): Application OSTL acres = 4.58 Total Application OSTL acres in the unincorporated Whatcom County = 9.15 Whatcom County Planning Commission Recommendation: Approval: subject to the following conditions: 1. No less than 5 acres devoted primarily to the growth and harvest of forest products as defined in Title 76 RCW 2. Approved Timber Management Plan pursuant to RCW 84.34.041 3. Hold Harmless Agreement OSP2014-00003 — Engelund New application to classify property as Timber Land GEO ID: 400101 259478 0000 (PID: 112929) Parcel acres = 10.56; OSTL acres= 8.5; Homesite acres = 2.06 Whatcom County Planning Commission Recommendation: Approval: subject to the following conditions: 1. No less than 5 acres devoted primarily to the growth and harvest of forest products as defined in Title 76 RCW 2. Approved Timber Management Plan pursuant to RCW 84.34.041 3. Hold Harmless Agreement OSP2014-00004 — Sunset SW LLC New application to classify property as Timber Land 354 PC Facts & Findings File Ref: OS2014-1 July 8, 2014 Page 9 of 9 GEO ID: 380429 020020 0000 (PID: 83486): Parcel acres = 3.91 acres currently classified as OSTL GEO ID: 380432 0255554 0000 (PID: 83946); 1.72 acres of which 1.36 is currently classified as OSTL (according to Assessor's records) Application OSTL acres =0.28 (0.28 acres is according to survey. Survey shows an apparent discrepancy between Assessor's records which indicate 0.36 acres) NOTE: If approved, the additional 0.28 acres in this application it would bring the total OSTL acres covered under the application to 5.63 (+/-) acres, all subject to a new taxation agreement. Whatcom County Planning Commission Recommendation: Denial: Based on a finding expressed by dissenting commissioners that it would not be in the best interests of the public to harvest timber on the shore of Lake Whatcom. PLANNING COMMISSION it Becky Box Secretary Commissioners present at the June 26, 2014 meeting when votes were taken to approve the above listed recommendations on one application for Open Space Land, one application for Farm and Agricultural Conservation Land and three applications for Timber Land: David Onkels; Mary Beth Teigrobe; Gary Honcoop; Natalie McClendon; Walter Haugen; David Hunter. Commissioners Absent: Ben Elenbaas, Ken Bell, Gerald Vekved. Attachments: Excerpts from June 26, 2014, Planning Commission Draft Minutes; Staff Report including 2013 Whatcom County Property Tax Reduction Programs Map, 2014 Open Space Application Vicinity Map, Individual Application Maps, Individual Application Evaluation Forms, Estimate If -Approved Current Use Value; Hypothetical Example of Applied Public Benefit Rating; Whatcom County Open Space Policies and Criteria and Public Benefit Rating System (1995); Whatcom County Property Tax Reduction Program Publication (June 12, 2014); Department of Revenue Open Space Taxation Act, Publication, June 2014). E 355 DRAFT RECORD OF PROCEEDINGS OF THE 1 WHATCOM COUNTY PLANNING COMMISSION June 26, 2014 Regular Meeting 1 Call To Order: The meeting was called to order, by Whatcom County Planning 2 Commission Chair, David Onkels, in the Northwest Annex Conference Room at 6:30 p.m. 3 4 Roll Call 5 Present: Gary Honcoop, David Onkels, Mary Beth Teigrob, Walter Haugen, Natalie 6 McClendon, David Hunter 7 Absent: Ben Elenbaas, Jerry Vekved, Ken Bell 8 9 Staff Present: Mark Personius, Erin Osborn, Becky Boxx 10 11 Department Update 12 13 Mark updated the commission on the following: 14 • Items before the County Council. 15 • Upcoming commission schedule. 16 17 Open Session for Public Comment 18 19 There was no public comment. 20 21 Commissioner Comments 22 23 Commissioner Honcoop commented on his visit on the USS Nimitz. 24 25 Approval of Minutes 26 May 22, 2014: Approval of the minutes was put on hold until the next meeting due to lack 27 of members needed for approval. 28 29 Open Space Applications 30 31 Erin Osborn presented an overview of the Open Space Program. 32 33 The open space current use program is a property tax reduction program. In the 1960's 34 the state constitution was amended to enact the program. It authorizes three 35 classifications and one sub -classification. Open Space Land is about conservation of a 36 broad scope of resources. It has a sub -classification, Farm and Agricultural Conservation 37 Land. There is also Timber Land, and Farm and Agricultural Land. 38 39 State law provides that applications for the Open Space Land and the Farm and 40 Agricultural Conservation Land are processed in same manner as an amendment to the 41 Comprehensive Plan. Therefore they come before the Planning Commission. When the 42 Planning Commission reviews the applications they are to consider the overall benefit of 43 preserving the land relative to the monetary shift in taxes. The higher the score on the 44 application the greater the tax shift. Regarding Timber Land there is nothing in state law 45 that assigns a role to the Planning Commission. However, until 1995 they were reviewed 46 with the Public Benefit Rating System. After ordinance 1995-040 Timber Land was 47 removed from Planning Commission review, however another ordinance that is codified in 48 WCC 2.28 states that they are still reviewed by the Planning Commission, and so we DRAFT RECORD OF PROCEEDINGS OF THE 2 WHATCOM COUNTY PLANNING COMMISSION June 26, 2014 Regular Meeting 1 therefore they are. The County Council has asked staff to put together an analysis of the 2 program which staff has done but Council has not reviewed it yet. The Timber Land 3 classification requires at least five acres be devoted to the growth and harvest of timber 4 for commercial purposes. A Timber Management Plan is required for approval. Recently 5 the legislature amended the Designated Forest Land Program changing the minimum 6 allowed to five acres. This may result in less Timber Land applications. 7 8 The commission reviewed the applications. 9 10 Open Space Land - Hurlbut 11 12 This is approximately .48 acres. The zoning is R5A. It is located above Lake Whatcom 13 Boulevard. It is very steep. The owners purchased the land for the sole purpose of 14 conservation and to protect the hillside from further erosion. It has been prone to 15 mudslides. A slide in 1992 destroyed the owner's house. Two of the lots are subject to a 16 restrictive covenant prohibiting development until 2027. There is public access to the 17 Stimson Reserve property. The application was given a score of 92.75 with a 18 recommendation of approval. 19 20 Farm & Agricultural Conservation Land - Hemnes 21 22 This land used to be owned and farmed by some dairy farmers in the area. The property 23 was sold and short platted. It is a 4.81 acre parcel with one acre for the homesite. The 24 previous owners (who sold to the Hemnes family) could not continue to keep the property 25 in Farm and Agricultural Land because they couldn't demonstrate income requirements so 26 they applied for the conservation program. The 3.81 is used to raise beef cattle. The 27 application was given a score of 57.12 with a recommendation of approval. The score is 28 somewhat low because of the small size of the property. For public access, the owners are 29 offering to engage with youth or agriculture groups to teach sustainable beef farming. 30 31 Open Space Timber Land - Bailey Trust 32 33 Shortly after this application came in in 2010 the City of Ferndale annexed the property 34 east of the freeway. Because of joint granting authority the application was put on hold. 35 All of the property is under the Designated Forest Land Program which at the time of 36 application required a 20 acre minimum. Also the property ownership names were 37 changed for estate planning purposes. This disqualified them from the Designated Forest 38 Land Program because the property was not in one ownership. In 2011 the statute 39 changed the term contiguous to mean land in same ownership (one family). The 40 application included an excellent timber management plan. Reforestation will need to be 41 done if approved. There are 9.51 acres in the county and 21.52 acres in the City of 42 Ferndale. Staff recommends approval. 43 44 Open Space Timber Land - Engelund 45 46 This parcel is heavily forested with an excellent Timber Management Plan. It is 10.56 47 acres. They are asking to classify approximately 8.5 acres. The zoning is R10A. Staff 48 recommends approval. 357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DRAFT" RECORD OF PROCEEDINGS OF THE 3 WHATCOM COUNTY PLANNING COMMISSION June 26, 2014 ular Meeting Open Space Timber Land - Sunset SW LLC This property is on Lake Whatcom and is .28 acres. The acreage to the north is already classified as Timber Land. This piece of land appears to have been inadvertently left out when the other acreage was classified, but the record is not clear on this. The property is subject to a Rural Shoreline Management Program designation, and this designations allows timber harvest subject to issuance of a shoreline substantial development permit and conditions to protect the shoreline. Commissioner Haugen noted there is no mention of the tax shift dollar value. Ms. Osborn stated there are no laws, codes, etc. that requires consideration of the tax shift when approving a Timber Land application. The value of timber land is based on soil classification and operability. Commissioner Haugen stated that if the commission is asked to make a decision all the information should be given otherwise the commission is in limbo. Is staff prohibited from giving the commission that information? Ms. Osborn stated they are not prohibited. Commissioner Haugen stated he wanted it. Commissioner Honcoop stated there has to be findings to support their decisions otherwise they are considered arbitrary and capricious. Commissioner Haugen did not agree. Commissioner Teigrob did not see how it was possible to harvest trees there without impacting the lake. Commissioner Honcoop said they could look at the operability of harvest there which is one of the conditions they can review. Ms. Osborn stated the commission could put conditions on the harvest. Commissioner McClendon asked why this application is for timber not open space land. Ms. Osborn stated the parcel across the road is classified as Timber Land. They are applying for Timber Land because they want the best possible tax reduction and the same tax classification as the other parcel they plan to harvest in the future. Commissioner McClendon asked if it is very hard to classify as operable does that lower the value? Ms. Osborn stated it does. 358 DRAFT RECORD OF PROCEEDINGS OF THE 4 WHATCOM COUNTY PLANNING COMMISSION June 26, 2014 Regular Meeting Commissioner Honcoop stated it appears some of the trees are in the public right-of-way which can't be harvested. Commissioner Teigrob asked how many trees are in that small area. Ms. Osborn stated it is considered fully stocked by the plan. In order to be fully stocked there has to be 100 trees per acre so there would have to be approximately 25 trees on the lot. Commissioner Haugen asked the applicant's representative how many trees there are. Jesse Stoner stated he did not know how many trees are there. None of them are in the water or the county right-of-way. Commissioner Honcoop asked if the surveyed area includes the shore area outside the water. Mr. Stoner stated yes. The commission acted on the applications as follows: Open Space Land - Hurlbut Commissioner Honcoop moved to recommend approval. Commissioner McClendon seconded. The motion carried. Farm & Agricultural Conservation Land - Hemnes Commissioner Hunter moved to recommend approval. Commissioner Haugen seconded. Commissioner Honcoop asked about the sale of the property. Did the new owners sign a continuance to stay in open space? Ms. Osborn stated the previous owners did not maintain the finance requirements to stay in open space so the Hemnes continued it pending reclassification. If they don't get approved they have to pay back taxes. Commissioner Honcoop asked where the public benefit is. What is there to ensure they will continue to use it as outlined? Ms. Osborn stated they can add conditions. Commissioner Honcoop asked who would enforce those conditions. There was no response to this question. 359 DRAFT RECORD OF PROCEEDINGS OF THE 5 WHATCOM COUNTY PLANNING COMMISSION June 26, 2014 Regular Meeting 1 Commissioner Teigrob stated that being in Open Space Agricultural Conservation versus 2 Open Space Farm and Agriculture leaves no incentive to continue to farm because the 3 monetary requirements go away. 4 5 Ms. Osborn stated that this issue has been a point of discussion for some time regarding 6 this classification. The commission can assign conditions if they want. 7 8 Commissioner Hunter stated he sees no benefit to the county if this is put into Open 9 Space Farm and Agricultural Conservation because he doesn't believe it will change the 10 use of the land. 11 12 Commissioner Teigrob made a friendly amendment requiring the applicant to 13 apply and be approved Open Space Farm and Agricultural Land within four years. 14 Commission McClendon seconded. The amendment carried. 15 16 The vote on the main motion to recommend approval carried. 17 18 Open Space Timber Land - Bailey Trust 19 20 Commissioner Teigrob moved to recommend approval for the parcel within the 21 City of Ferndale. Commissioner Hunter seconded. 22 23 Commissioner Haugen stated the tax shift is not known. As such he has no choice but to 24 vote no on the Timber Land applications. He has an issue with the protocol and procedure. 25 26 The vote on the motion to recommend approval carried. 27 28 Commission Honcoop moved to recommend approval for the parcel within the 29 county. Commissioner McClendon seconded. The motion carried. 30 31 Open Space Timber Land - Engelund 32 33 Commissioner Honcoop moved to recommend approval. Commissioner Teigrob 34 seconded. The motion carried. 35 36 Open Space Timberland - Sunset SW LLC 37 38 Commissioner Teigrob moved to recommend approval. Commissioner Honcoop 39 seconded. 40 41 Commission Onkels asked Mr. Stoner the reason for the application. 42 43 Mr. Stoner stated when the application was originally done, many years ago, the owner 44 thought this parcel was included. This application takes care of that oversight. The timber 45 management plan was actually written including this property. 46 47 Commissioner Hunter asked if the property has been harvested in the last 20 years. 48 360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 DRAFT RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION June 26, 2014 Reaular Meeti Mr. Stoner stated it has not. Commissioner Onkels stated the typical harvest cycle is 70 years. Ms. Osborn stated that conifer species are generally a 50 year crop. Commissioner Hunter asked Ms. Osborn if this parcel is in fact harvestable. Ms. Osborn stated yes it is based on her research. The vote on the motion to recommend approval failed. The meeting was adjourned at 8:50 p.m. Minutes prepared by B. Boxx. WHATCOM COUNTY PLANNING COMMISSION ATTEST: David Onkels, Chair Becky Boxx, Secretary A 361 0 0 0 Mllllm I FILE IN THE COUNCIL OFFICE 362 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-272 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Erin E. Osborn ) I WI f July 22, 2014 Introduction Head. Dept. I "Sam" -7 J.E. RyanV JUL 15 20M Prosecutor: Royce Buckingham August 5, 2014 Council/Hearing Purchasing/Budget: /1A WKNMOM COUNTY I L Executive: Jack Lows TITLE OF DOCUMENf- A resolution approving recommendations on five applications for open space current use assessment on lands located within unincorporated Whatcom County. A TTA CHMENTS. Cover Memo, Draft Resolution, Planning Commission Facts & Findings, Planning Commission June 26, 2014 Work Session Draft Minutes, Background Documents on file with the Council Office: Staff Report, Maps, Photos, and other Documents. 'SEPA review required? ) Yes ( X ) No Should Clerk schedule a hearing? ( X ) Yes () No SEPA review completed? ) Yes NIA Requested Date: August 5, 2014 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: In accordance with Whatcom County Code, Section 3.28.020 which establishes procedures for processing applications for open space current use taxation, Whatcom County Planning Commission recommendations are hereby forwarded to the Whatcom County Council to approve in whole or in part or to deny five applications for open space current use assessment as authorized by the Open Space Taxation Act (Chapter 84.34 RCW). The lands that are the subject of these applications are located entirely within unincorporated Whatcom County. A draft resolution has been prepared to initiate Council action should the Council wish to approve Planning Commission recommendations. Note: Because this group of applications contained a "split" jurisdiction application on lands located within the City of Femdale, a separate agenda bill has also been prepared to introduce a separate resolution, and to request a separate hearing so that the County Council can act on the portion of the land in one particular application on lands located within the City of Ferndale, separately from its action on lands that are in this group of applications located entirely in unincorporated Whatcom County. The City of Ferndale has indicated that it will likely hold a public hearing on this portion of the subject application (E. Bailey/Bailey Trust) on or about August 18, 2014. Distribution Request: Assessors Office — Janice Judge COMMITTEE ACTION.• COUNCIL ACTION. Related County Contract #: Related File Numbers: OS2014-1 Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing I on the County's website at: www.co.wliatcom.wa.uslcouncil. e% 0 U 0 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax �pOM CO P O'G �ASH�NG�Oa' MEMORANDUM J.E. 'Sam" Ryan Director TO: Honorable Jack Louws, Whatcom County Executive, & Honorable Members of the Whatcom County Council THROUGH: J.E. "Sam" Ryan, Planning & Development Services, Director FROM: Erin Osborn, Planner DATE: July 9, 2014 SUBJECT: Open Space Applications in Unincorporated Whatcom County Presented here for your consideration is an attached packet containing recommendations from the Planning Commission on five applications to classify or reclassify land, for the purposes of open space taxation, on lands located entirely within unincorporated Whatcom County. A draft resolution is also attached should the Council wish to approve recommendations made by the Planning Commission. You are also being asked to review a second open space application packet that is being introduced at the same time. This is an -application to reclassify land located within the City of Ferndale, and because the land is located within an incorporated area, the application requires a slightly different approval process. All of these applications were reviewed as one group by the Planning Commission last month, and are now separated according to their different approval processes. Staff recommended approval on all of the applications. Planning Commissioners voted to approval all of the applications except for one. They voted to recommend denial on the Sunset SW LLC application for Timber Land which is located on the shore of Lake Whatcom. However, staff review indicates that this application should be approved because it conforms to application approval criteria. Note: Open Space Land (including its sub -classification Farm and Agricultural Conservation Land), and Timber Land applications may be approved by the County Council subject to conditions, so long as these conditions do not "...conflict with state law and not arbitrarily or capriciously restrict access to either classification." (DOR, PTA NUMBER 16.1.2011). The Planning Commission voted to recommend that Council approve the Hemnes application to reclassify Farm and Agricultural Land to Farm and Agricultural Conservation Land subject to a unique and unprecedented condition. Staff recommends approval of this application, and strongly supports the intent of the Planning Commission's recommendation; however after discussion with County legal staff and Department of Revenue staff, staff is requesting that Council 364 consider a slightly different wording for the condition. The language contained in the Planning Commission condition is listed below, followed by staff's recommended language. Plannina Commission Recommendation: "Within four years of date of approval for reclassification to Farm and Agricultural Conservation Land the applicants (owners) must apply for and be approved for reclassification back to the Farm and Agricultural Land as defined in RCW 84.34.020(2)(c)." Staff Recommendation: "Within four years of application approval for reclassification to Farm and Agricultural Conservation Land, the applicants must apply for and demonstrate that they meet income requirements established in the Open Space Taxation Act for approval of the Farm and Agricultural Land classification as it is defined in RCW 84.34.020(2)(c)." Staff's recommendation is based on a reconsideration of the purpose of the reclassification and the definition of the classification being sought, i.e. land previously classified as farm and agricultural land that no longer meets income requirements associated with that classification: If a condition requires approval by independent entity, and if for some reason it was not approved, even though the applicants might show income to qualify for returning to classification as farm and agricultural land, and even though they might apply, so if disapproved, a condition to require approval might not be consistent with state law or the purpose of classification, and failure to meet the condition (as described) would be outside of the applicant's control. Staff also notes that it would be in the interest of the applicant to apply for farm and agricultural land classification, because if approved, the reduction in assessed value would likely be more than with the farm and agricultural conservation land classification. I look forward to presenting a brief overview on these applications, and answering questions at an upcoming public hearing. Thank you. 2 365 Draft Resolution (County) File Ref: OS2014-1 (July 8, 2014) RESOLUTION NO: Page 1 of 11 SPONSORED BY: Planning PROPOSED BY: Planning INTRODUCTION DATE: 07/22/14 APPROVING RECOMMENDATIONS ON APPLICATIONS FOR OPEN SPACE CURRENT USE ASSESSMENT WHEREAS, The Open Space Taxation Act, codified as Chapter 84.34 RCW, gives counties authority to approve applications for current use classification and reclassification for the following classifications: Open Space Land, Farm & Agricultural Conservation Land, Farm and Agricultural Land, and Timber Land; and WHEREAS, Pursuant to Whatcom County Code, Section 3.28.020, applications for the classification of Open Space Land, Farm & Agricultural Conservation Land and Timber Land are received and evaluated by Whatcom County Planning and Development Services Department staff, and the results of this evaluation are then presented to the Whatcom County Planning Commission for their review and consideration in making recommendations to the County Council on whether to approve the applications in whole or in part; and WHEREAS, Pursuant to RCW 84.34.055 and WAC 458-30-330 Whatcom County has adopted a Public Benefit Rating System (PBRS) by Ordinance # 95- 040, which is used by staff to rate applications for Open Space Land and Open Space Farm & Agricultural Conservation Land; and WHEREAS, Applications for Open Space Land and Open Space Farm & Agricultural Conservation Land are evaluated with the Public Benefit Rating System and assigned a Public Benefit Rating (PBR) that corresponds with a staff recommendation of approval or denial, and must receive a score of 45 or above for a staff recommendation of approval; and WHEREAS, In accordance with the Whatcom County Open Space Policies and Public Benefit Rating System, public access is a condition of approval for Open Space Land applications, except that this requirement may be waived by the Council when the purpose of the classification is for the conservation of 366 Draft Resolution (County) File Ref: OS2014-1 (July 8, 2014) Page 2 of 11 wetlands; or when there is a documented occurrence of: State or Federal Threatened Endangered Species, Federal Proposed Endangered or Threatened Species, State Sensitive or Monitor Species; or when there is a known or potentially significant archaeological site; and WHEREAS, Pursuant to Whatcom County Ordinance # 95-040 applications for Timber Land are no longer reviewed under the County's PBRS, and are instead reviewed for consistency with the definition of Timber Land as defined in RCW 84.34.020(3) and the required Timber Management Plan is reviewed for conformance with RCW 84.34.041; and WHEREAS, On June 26, 2014, the Whatcom County Planning Commission held a work session and considered staff recommendations, asked clarifying questions from applicants or their agents who were present on applications referenced in Master File Number OS2014-1, and voted to make recommendations to the Whatcom County Council on whether to approve in whole or in part or deny each application; and WHEREAS, Pursuant to RCW 84.34.037, applications to classify or reclassify lands that are located entirely within unincorporated Whatcom County are approved or disapproved by the County Council who acts as the granting authority; and WHEREAS, One of the applications referenced under Master File Number OS2014-1 (E. Bailey & Bailey Trust) was a split jurisdiction application, comprising lands located both in the City of Ferndale and also comprising lands located within unincorporated Whatcom County; and WHEREAS, Applications to classify or reclassify land that are located entirely within an incorporated area must be acted upon by a joint granting authority composed of members from each respective jurisdictions legislative authority, whereby applications may be approved by each legislative authority taking separate but affirmative acts, or by three members of each legislative body meeting together to act as one body for the purposes of approval or denial; and WHEREAS, The City of Ferndale Planning Director indicated that due to various challenges associated with scheduling, the Ferndale City Council would likely prefer to act separately on the applications, and proposed that the City would schedule and hold a separate hearing on the subject applications on or about August 18, 2014; and WHEREAS, On August 5, 2014, in good faith that the City of Ferndale would take its own action on the application within its jurisdiction, the Whatcom County Council held its own public hearing and considered recommendations from the Whatcom County Planning Commission, staff recommendations, and 367 Draft Resolution (County) File Ref: OS2014-1 (July 8, 2014) Page 3 of 11 considered all input from the public on applications referenced in Master File Number OS2014-1 that are located on lands located entirely within unincorporated areas of Whatcom County, and held another separate hearing on the application on lands located in the City of Ferndale; and WHEREAS, Pursuant to WAC 197-11-800(6)(c), matters relating to Open Space Current Use Assessment are categorically exempt from environmental review under the State Environmental Policy Act (SEPA); and WHEREAS, Pursuant to RCW 36.70.390, the statutory requirements regarding legal notice have been met; and WHEREAS, The County Council has adopted the following Findings of Fact and Reasons for Action: 1. Whatcom County Planning and Development Services received five applications to classify or reclassify land under the open space current use program (Chapter 84.34. RCW) on lands located within the jurisdiction of Whatcom County and on lands located within the City of Ferndale. These applications were processed as a group under Master File Number OS2014-1. 2. Of the five applications referenced in OS2014-1: one is for Open Space Land (OSL), one is for Farm and Agricultural Conservation Land (a sub- classification of open space land) (OSFACL), and three applications are for the classification of Timber Land (OSTL). Upon receipt of these applications, Planning and Development Services staff evaluated the open space land and farm and agricultural conservation land applications with the Public Benefit Rating System (PBRS), and evaluated applications for timber land for conformance with Subsection 84.34.020(3) & 84.34.041 of the Open Space Taxation Act (RCW 84.34). 3. Staff prepared a report for the Planning Commission with recommendations on whether to approve in whole or in part or to deny these applications based on review with the applicable evaluation criteria and scores assigned (as applicable). This report was presented to the Whatcom County Planning Commission and to members of the public who were present at the Whatcom County Planning Commission meeting work session held on June 26, 2014. 4. At the June 26, 2014 Planning Commission Work Session, staff gave an approximately 30 minute overview presentation on the Open Space Current Use Program, its statutory and local authority, a brief overview on the Open Space Taxation Act, and outlined the respective roles of the Planning Commission, County Council, County Assessor's Office, and Joint Granting Authority (for applications located within incorporated areas) in reviewing these type of applications. As part of this overview presentation, staff noted that decisions made to approve or deny applications authorized under the Open Space Taxation are reviewable (by Draft Resolution (County) File Ref: OS2014-1 (July 8, 2014) Page 4 of 11 Superior Court) only for "arbitrary & capricious actions". Staff also noted, that based on earlier Planning Commission suggestions, and per direction from the County Council and County Executive a preliminary draft report had been prepared by staff which summarized the PDS open space current use program, analyzed key issues in program administration, and that this report (dated December 6, 2013) had been submitted to PDS management and County Executive for their review. 5. Upon conclusion of the staff overview on the open space current use program, staff then made an approximately 45 minute presentation going over each of the individual applications referenced in Master File OS2014- 1, pausing to answer questions from commissioners. The single application for the classification of open space land was presented first, followed by the single application for farm and agricultural conservation land, and then a presentation on the three timber land applications. Staff noted that of the applications for timber land one was a "split jurisdiction", noting that after the application was received portions of the land subject of application was annexed by the City of Ferndale. Staff suggested that commissioners wait to deliberate and make motions on each application until after staff presentation on individual applications. 6. Staff recommended approval on the application for Open Space Land (Hurlbut). Staff recommendation of approval on this application was based on an assigned Public Benefit Rating (PBR) score of 45 points or higher which, pursuant to Whatcom County Open Space Policies and Criteria and Public Benefit Rating System is consistent with a staff recommendation of approval. Staff recommended approval after scoring the application with a public benefit rating (PBR) of 92.75. The Hurlbut proposal included public access to the rear of the lots under consideration from the access that is provided to Stimpson Reserve and Lake Geneva Preserve abutting their .044 (+/-) parcel acres. Proposed public access to the wooded and grassy area north of the subject acres could be used for a view point overlooking the lake, and for viewing birds and terrestrial species that frequent the site. 7. After deliberation, Planning Commissioners came to a consensus to recommend that the County Council approve the Hurlbut application in its entirety subject to staffs recommended conditions. 8. Staff recommended approval on the single application for Farm and Agricultural Conservation Land (Hemnes). Staff recommendation of approval on this application was based on an assigned Public Benefit Rating (PBR) score of 45 points or higher, which pursuant to Whatcom County Open Space Policies and Criteria and Public Benefit Rating System is consistent with a staff recommendation of approval. Staff recommended approval after scoring the application with a public benefit rating (PBR) of 57.12. 9. The Hemnes property was purchased in 2014. The land was (and at time of review was still) classified as Farm and Agricultural Land. Staff 369 Draft Resolution (County) File Ref: OS2014-1 (July 8, 2014) Page 5 of 11 explained that current classification that applies to the land is different than the farm and agricultural conservation land classification being sought in that farm and agricultural land requires the owners to show income from commercial agriculture, but farm and agricultural conservation land does not. At the time of sale, it was discovered by the Assessor that the previous owners could not demonstrate income from commercial agriculture; therefore the Assessor signed off on the Notice of Continuance pending reclassification to a different classification authorized under the Open Space Taxation Act, by the new owners, Lucas and Amy Hemnes. 10. The Hemnes family manages a herd of approximately 55 head of beef cattle and uses the 3.81 acres to pasture about 4 head of beef (yearlings) as part of the larger operation. The long term plan is to continue to raise beef on the subject parcel, rotating stock during the winter months over to a barn and additional rented agricultural land on the Siper Road. Beef from the Hemnes herd is processed at a facility in Bow, Washington, and is sold locally to Boundary Bay Brewery, located in the city of Bellingham. 11. A proposed public access statement was discussed verbally between the applicant and staff, and then later confirmed with a written public access statement and proposed rules of public conduct. The proposal was that the applicants would give farm tours to prospective customers, and would be willing to provide farm educational opportunities to youth groups such as 4-H by appointment. Staff noted, there is ample off-street parking, and an open space sign could be posted at the corner of Sand Road and Sundown View Lane. 12. Staff explained to the Planning Commission that the Open Space Taxation Act authorizes counties to approve Open Space Land and Farm and Agricultural Conservation Land applications subject to specific conditions. Given that the owners expressed a desire to continue a long term agricultural operation on the subject property; they may at some point in the next 3-5 years be able to qualify for the Farm and Agricultural Land classification administered by the Assessor. To qualify for that classification, and although subject to change, current income requirements (revenue from commercial agriculture) would be $1,500.00 per year for three out of the five years preceding the date of application. The County Council could approve this application subject to a farm plan that outlines a program for meeting income requirements associated with the Farm and Agricultural Land classification, and eventual reclassification back to the Farm and Agricultural Land classification within a certain time frame. Staff provided the Planning Commission with a Property Tax Advisory from the Department of Revenue which states: "...additional eligibility requirements for the open space and timber classifications must not conflict with state law and not arbitrarily or capriciously restrict access to 370 Draft Resolution (County) File Ref: OS2014-1 (July 8, 2014) either classification." Page 6 of 11 13. After deliberation, and after considering staff input, Planning Commissioners came to a consensus that they would be willing to recommend that the County Council approve the Hemnes application subject to a condition requiring the applicants within four years of approval for Farm and Agricultural Conservation Land as defined in RCW 84.34.020(1)(c)(8)(a) to apply for and be approved for the classification of Farm and Agricultural land as defined in RCW 84.34.020(2(c). Subject to this proposed condition, the Planning Commission voted to recommend that the County Council approve the Hemnes application in its entirety. 14. Staff discussed the special condition in the above finding (No. 13) with PDS County attorney and with Department of Revenue staff. After these discussions, staff concluded that it might be more consistent with the purpose of classification if the condition was worded differently, as follows: "Within four years of application approval, the applicants must apply for and demonstrate that they meet income requirements established in the Open Space Taxation Act for approval of the Farm and Agricultural Land classification as it is defined in RCW 84.34.020(2)(c)." Staff's conclusion was based on a reconsideration of the purpose of the reclassification and the definition of the classification being sought, i.e. land previously classified as farm and agricultural land that is no longer able to meet income requirements associated with qualification as farm and agricultural land. If a condition required an approval by independent entity, if for some reason it was not approved, even though the applicants might show income to qualify for classification as farm and agricultural land, and even though they might apply, the act of approval would be outside of the applicant's control, and a disapproval might not be consistent with state law or the purpose of classification. In addition, staff noted that it would be in the interest of the applicant to return to farm and agricultural land, because the reduction in assessed value would likely to be more than in the farm and agricultural conservation land classification. 15. Staff presented information that described the estimated resulting tax shift that would occur if the Hurlbut and Hemnes' applications were to be approved. Using figures provided by the County Assessor's Office, it was noted that the assessed property value reduction would result in an estimated tax shift of approximately $170.10 (Hurlbut) and $705.99 (Hemnes) to other tax payers per year if the applications were to be approved. Staff was not able to provide information to the Planning Commission about what how the overall tax shift would affect individual property owners because it would be a very difficult calculation to perform. This is because not all property owners located in a geographic tax code area are subject to the same set of taxing district levies, and therefore it would not be as simple as dividing the number of parcels by the monetary shift in taxes to obtain an estimated tax shift on a per parcel basis. 371 Draft Resolution (County) Page 7 of 11 File Ref.• OS2014-1 (July 8, 2014) 16. After staff presentations and Planning Commission deliberation and votes on the Open Space Land and Farm and Agricultural Conservation Land applications, staff presented the timber land applications. 17. Staff explained to the Planning Commission that staff recommendations of approval on timber land applications are based on whether the application meets the definition of timber land as defined in RCW 84.34.020(3), and whether the Timber Management Plan submitted on file as part of the application is consistent with RCW 84.34.041 which outlines the elements of a timber management plan. Based on staff review and site inspections, staff recommended approval on all three of the timber land applications. Staff recommendations of approval were based on review of the timber management plans submitted, site inspections to verify that forest conditions matched those identified in the Plans, and for overall conformance with state law. 18. Prior to voting on timber land applications, one of the Planning Commissioners asked for information about the loss of revenue or shift in taxes that would result from approving an application for timber land, and asked why this information was not provided on the timber land applications. Staff indicated that this information was not provided because it is not one of the criteria considered for approval or disapproval. The commissioner asked if staff would be prohibited from providing this information, and staff indicated that while there is no prohibition on the provision of this information, adding that it could be provided in the future, it can't be the basis on which a decision to approve or not approve is based, because this information is not a criteria for approval. The commissioner indicated that he would vote to deny all of the timber land applications because information on loss of revenue or shift in taxes was not provided. 19. Whatcom County Planning Commissioners considered staff findings and recommendations on the E. Bailey and Bailey Trust application, and staff suggested that two separate votes be taken on the E. Bailey and Bailey Trust application respective of the jurisdiction in which the subject property was located. 20. After deliberations, the Planning Commission voted to recommend that the County Council approve the portion of the E. Bailey and Bailey Trust timber land application in the jurisdiction of the City. 21. The Planning Commission voted to recommend that the County Council approve the E. Bailey and Bailey Trust timber land application unincorporated Whatcom County. 22. Whatcom County Planning Commissioners considered staff findings and recommendations on the Engelund application for timber land and voted to recommend approval to the County Council. 23. Whatcom County Planning Commissioners considered staff findings and recommendations on the Sunset SW LLC application and voted to recommended denial. During Planning Commissioner review, it was noted that the land that is subject of application is located on the shoreline of 372 Draft Resolution (County) File Ref: OS2014-1 (July 8, 2014) Page 8 of 11 Lake Whatcom, and is designated Rural under the Whatcom County Shoreline Management Program (SMP). 24. Staff acknowledged that the land that was subject to application was located within the jurisdiction of the SMP, and indicated that staff had researched the matter to determine whether or not the land subject to the application could be harvested. Staff stated that the land subject of application contained five or more acres devoted primarily to the growth and harvest of timber for commercial purposes (5.63 acres); that the applicant had retained the services of a professional forester who prepared a Timber Management Plan that contained all of the elements of a Timber Management Plan, and according to PDS Natural Resource staff the owner could harvest of timber in the Rural SMP designation after a Shoreline Substantial Development Permit was applied for and approved, subject to specific conditions to protect the lake and its habitat functions. 25. The Planning Commission vote on a motion to recommend that the County Council approve the Sunset SW LLC application for Timber Land was 3 in favor and 3 against, which is a tie, indicating that the motion failed to recommend that the County Council approve the subject application. 26. On July 8, 2014, Planning & Development Services staff prepared a report on behalf of the Planning Commission containing Facts, Findings, and Reasons for Action on all applications referenced under OS2014-1, and this report was reviewed for accuracy and signed by the Planning Commission Chair and Planning Commissioner, Secretary. 27. On July 8, 2014, Planning & Development Services prepared an Agenda Bill, Draft Resolution and attachments including all relevant information on file in regards to the subject applications referenced under OS2014-1, and forwarded this to the Whatcom County Council. The agenda bill requested that the draft resolution be introduced at the regularly scheduled Council Meeting to be held on July 22, 2014, and also included a request for a public hearing to be scheduled on August 5, 2014. 28. On July 22, 2014, a draft resolution was introduced. 29. A public hearing was scheduled to take place before the County Council at their regularly scheduled evening meeting, held on August 5, 2014. Notice of this public hearing was published in the Bellingham Herald prior to the hearing. In addition, Applicants were sent a letter by US Mail stating that a public hearing would be held on their individual applications on August 5, 2014. 30. On August 5, 2014, the Whatcom County Council held a public hearing on applications to classify or reclassify lands that are located within the unincorporated areas of Whatcom County as referenced under OS2014-1, and after considering all relevant information, and after considering input from the public, they made a final decision on whether to approve in whole or in part or deny applications to classify or reclassify lands located within the unincorporated areas of Whatcom County as referenced under 373 Draft Resolution (County) Page 9 of 11 File Ref: OS2014-1 (July 8, 2014) OS2014-1. NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL: 1. Recommendations on applications for open space current use assessment referenced in Master File Number OS2014-1 listed below are hereby approved subject to conditions and applicable scores as noted herein: Open Space Land (OSL) OSP2014-00002 — Hurlbut New application to classify property as Open Space Land GEO ID: 380335 523242 0000: (PID: 82464) GEO ID: 380335 525241 0000: (PID: 82465) GEO ID: 380335 538230 0000: (PID: 82477) Total Parcel acres = 0.44 (+/-); OSL acres= 0.44 PBR 92.75 ESTIMATED SHIFT IN TAXES IF APPROVED: $170.10 Whatcom County Planning Commission Recommendation: Approval: subject to the following conditions: 1. Public Access as described in the Application Narrative 2. Small Open Space Sign posted on Lot # 19 3. Hold Harmless Agreement Farm & Agricultural Conservation Land (OSFACL) OSP2014-00005 — Hemnes Application to re-classify property from Farm & Agricultural Land to Farm and Agricultural Conservation Land (a sub -classification of Open Space Land) GEO ID: 390429 041191 0000: (PID: 107711) Total Parcel acres = 4.81; OSFACL acres= 3.81; Homesite acres = 1.00 PBR 57.12 ESTIMATED SHIFT IN TAXES IF APPROVED: $705.99 Whatcom County. Planning Commission Recommendation: Approval: subject to the following conditions: 1. Public Access as described in the Application Narrative and Public Access Statement and Proposed Rules of Public Conduct (on file). 2. Open Space Sign posted at corner of Sundown Lane and Sand Rd. 3. Within four years of date of approval for reclassification to Farm and Agricultural Conservation Land the applicant must apply for and be 374 Draft Resolution (County) Page 10 of 11 File Ref.• OS2014-1 (July 8, 2014) approved for reclassification back to the Farm and Agricultural Land as defined in RCW 84.34.020(2)(c). 4. Hold Harmless Agreement Timber Land (OSTL) OSP2014-00001 — E. Bailey and Loren H. Bailey SR Credit Shelter Trust (portion of the application to reclassify lands that are located within unincorporated Whatcom County) Loren H. Bailey SR Credit Shelter Trust GEO ID: 390208 235213 0000 (PID: 90564): Application OSTL acres = 4.57 E. Bailey GEO ID: 390208 185232 0000 (PID: 90457): Application OSTL acres = 4.58 Total Application OSTL acres in the unincorporated Whatcom County = 9.15 Whatcom County Planning_ Commission Recommendation: Approval: subject to the following conditions: 1. No less than 5 acres devoted primarily to the growth and harvest of forest products as defined in Title 76 RCW 2. Approved Timber Management Plan pursuant to RCW 84.34.041 3. Hold Harmless Agreement OSP2014-00003 — Engelund New application to classify property as Timber Land GEO ID: 400101 259478 0000 (PID: 112929) Parcel acres = 10.56; OSTL acres= 8.5; Homesite acres = 2.06 Whatcom County Planning Commission Recommendation: Approval: subject to the following conditions: 1. No less than 5 acres devoted primarily to the growth and harvest of forest products as defined in Title 76 RCW 2. Approved Timber Management Plan pursuant to RCW 84.34.041 3. Hold Harmless Agreement OSP2014-00004 — Sunset SW LLC New application to classify property as Timber Land GEO ID: 380429 020020 0000 (PID: 83486): Parcel acres = 3.91 acres currently classified as OSTL 375 Draft Resolution (County) 11 File Ref: OS2014-1 (July 8, 2014) Page 11 of GEO ID: 380432 0255554 0000 (PID: 83946); 1.72 acres of which 1.36 is currently classified as OSTL (according to Assessor's records) Application OSTL acres =0.28 (0.28 acres is according to survey. Survey shows an apparent discrepancy between Assessor's records which indicate 0.36 acres) NOTE: If approved, the additional 0.28 acres in this application it would bring the total OSTL acres covered under the application to 5.63 (+/-) acres, all subject to a new taxation agreement. Whatcom County Planning Commission Recommendation: Denial: Based on a finding expressed by dissenting commissioners that it would not be in the best interests of the public to harvest timber on the shore of Lake Whatcom. 2. The Whatcom County Council directs the Assessor to place the above referenced parcels into the appropriate open space current use classification. 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this resolution shall not affect or impair the validity of the resolution as a whole or any part thereof other than the part so declared to be invalid. APPROVED this day of , 2013 WHATCOM COUNTY COUNCIL ATTEST: Dana Brown -Davis Clerk of the Council APPROVED AS TO FORM: WHATCOM COUNTY, WASHINGTON Carl Weimer Council Chair 376 DRAFT" RECORD OF PROCEEDINGS OF THE 1 WHATCOM COUNTY PLANNING COMMISSION June 26, 2014 Regular Meeting 1 Call To Order: The meeting was called to order, by Whatcom County Planning 2 Commission Chair, David Onkels, in the Northwest Annex Conference Room at 6:30 p.m. 3 4 Roll Call 5 Present: Gary Honcoop, David Onkels, Mary Beth Teigrob, Walter Haugen, Natalie 6 McClendon, David Hunter 7 Absent: Ben Elenbaas, Jerry Vekved, Ken Bell 8 9 Staff Present: Mark Personius, Erin Osborn, Becky Boxx 10 11 Department Update 12 13 Mark updated the commission on the following: 14 • Items before the County Council. 15 • Upcoming commission schedule. 16 17 Open Session for Public Comment 18 19 There was no public comment. 20 21 Commissioner Comments 22 23 Commissioner Honcoop commented on his visit on the USS Nimitz. 24 25 Approval of Minutes 26 May 22, 2014: Approval of the minutes was put on hold until the next meeting due to lack 27 of members needed for approval. 28 29 Open Space Applications 30 31 Erin Osborn presented an overview of the Open Space Program. 32 33 The open space current use programis a property tax reduction program. In the 1960's 34 the state constitution was amended to enact the program. It authorizes three 35 classifications and one sub -classification. Open Space Land is about conservation of a 36 broad scope of resources. It has a sub -classification, Farm and Agricultural Conservation 37 Land. There is also Timber Land, and Farm and Agricultural Land. 38 39 State law provides that applications for the Open Space Land and the Farm and 40 Agricultural Conservation Land are processed in same manner as an amendment to the 41 Comprehensive Plan. Therefore they come before the Planning Commission. When the 42 Planning Commission reviews the applications they are to consider the overall benefit of 43 preserving the land relative to the monetary shift in taxes. The higher the score on the 44 application the greater the tax shift. Regarding Timber Land there is nothing in state law 45 that assigns a role to the Planning Commission. However, until 1995 they were reviewed 46 with the Public Benefit Rating System. After ordinance 1995-040 Timber Land was 47 removed from Planning Commission review, however another ordinance that is codified in 48 WCC 2.28 states that they are still reviewed by the Planning Commission, and so 377 DRAFT RECORD OF PROCEEDINGS OF THE 2 WHATCOM COUNTY PLANNING COMMISSION June 26, 2014 Regular Meeting 1 therefore they are. The County Council has asked staff to put together an analysis of the 2 program which staff has done but Council has not reviewed it yet. The Timber Land 3 classification requires at least five acres be devoted to the growth and harvest of timber 4 for commercial purposes. A Timber Management Plan is required for approval. Recently 5 the legislature amended the Designated Forest Land Program changing the minimum 6 allowed to five acres. This may result in less Timber Land applications. 7 8 The commission reviewed the applications. 9 10 Open Space Land - Hurlbut 11 12 This is approximately .48 acres. The zoning is R5A. It is located above Lake Whatcom 13 Boulevard. It is very steep. The owners purchased the land for the sole purpose of 14 conservation and to protect the hillside from further erosion. It has been prone to 15 mudslides. A slide in 1992 destroyed the owner's house. Two of the lots are subject to a 16 restrictive covenant prohibiting development until 2027. There is public access to the 17 Stimson Reserve property. The application was given a score of 92.75 with a 18 recommendation of approval. 19 20 Farm & Agricultural Conservation Land - Hemnes 21 22 This land used to be owned and farmed by some dairy farmers in the area. The property 23 was sold and short platted. It is a 4.81 acre parcel with one acre for the homesite. The 24 previous owners (who sold to the Hemnes family) could not continue to keep the property 25 in Farm and Agricultural Land because they couldn't demonstrate income requirements so 26 they applied for the conservation program. The 3.81 is used to raise beef cattle. The 27 application was given a score of 57.12 with a recommendation of approval. The score is 28 somewhat low because of the small size of the property. For public access, the owners are 29 offering to engage with youth or agriculture groups to teach sustainable beef farming. 30 31 Open Space Timber Land - Bailey Trust 32 33 Shortly after this application came in in 2010 the City of Ferndale annexed the property 34 east of the freeway. Because of joint granting authority the application was put on hold. 35 All of the property is under the Designated Forest Land Program which at the time of 36 application required a 20 acre minimum. Also the property ownership names were 37 changed for estate planning purposes. This disqualified them from the Designated Forest 38 Land Program because the property was not in one ownership. In 2011 the statute 39 changed the term contiguous to mean land in same ownership (one family). The 40 application included an excellent timber management plan. Reforestation will need to be 41 done if approved. There are 9.51 acres in the county and 21.52 acres in the City of 42 Ferndale. Staff recommends approval. 43 44 Open Space Timber Land - Engelund 45 46 This parcel is heavily forested with an excellent Timber Management Plan. It is 10.56 47 acres. They are asking to classify approximately 8.5 acres. The zoning is R10A. Staff 48 recommends approval. RON 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DRAFT" RECORD OF PROCEEDINGS OF THE 3 WHATCOM COUNTY PLANNING COMMISSION June 26, 2014 Reqular Meetin Open Space Timber Land - Sunset SW LLC This property is on Lake Whatcom and is .28 acres. The acreage to the north is already classified as Timber Land. This piece of land appears to have been inadvertently left out when the other acreage was classified, but the record is not.clear on this. The property is subject to a Rural Shoreline Management Program designation, and this designations allows timber harvest subject to issuance of a shoreline substantial development permit and conditions to protect the shoreline. Commissioner Haugen noted there is no mention of the tax shift dollar value. Ms. Osborn stated there are no laws, codes, etc. that requires consideration of the tax shift when approving a Timber Land application. The value of timber land is based on soil classification and operability. Commissioner Haugen stated that if the commission is asked to make a decision all the information should be given otherwise the commission is in limbo. Is staff prohibited from giving the commission that information? Ms. Osborn stated they are not prohibited. Commissioner Haugen stated he wanted it. Commissioner Honcoop stated there has to be findings to support their decisions otherwise they are considered arbitrary and capricious. Commissioner Haugen did not agree. Commissioner Teigrob did not see how it was possible to harvest trees there without impacting the lake. Commissioner Honcoop said they could look at the operability of harvest there which is one of the conditions they can review. Ms. Osborn stated the commission could put conditions on the harvest. Commissioner McClendon asked why this application is for timber not open space land. Ms. Osborn stated the parcel across the road is classified as Timber Land. They are applying for Timber Land because they want the best possible tax reduction and the same tax classification as the other parcel they plan to harvest in the future. Commissioner McClendon asked if it is very hard to classify as operable does that lower the value? Ms. Osborn stated it does. 379 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DRAFT RECORD OF PROCEEDINGS OF THE 4 WHATCOM COUNTY PLANNING COMMISSION June 26, 2014 Reqular Meetin Commissioner Honcoop stated it appears some of the trees are in the public right-of-way which can't be harvested. Commissioner Teigrob asked how many trees are in that small area. Ms. Osborn stated it is considered fully stocked by the plan. In order to be fully stocked there has to be 100 trees per acre so there would have to be approximately 25 trees on the lot. Commissioner Haugen asked the applicant's representative how many trees there are. Jesse Stoner stated he did not know how many trees are there. None of them are in the water or the county right-of-way. Commissioner Honcoop asked if the surveyed area includes the shore area outside the water. Mr. Stoner stated yes. The commission acted on the applications as follows: Open Space Land - Hurlbut Commissioner Honcoop moved to recommend approval. Commissioner McClendon seconded. The motion carried. Farm & Agricultural Conservation Land - Hemnes Commissioner Hunter moved to recommend approval. Commissioner Haugen seconded. Commissioner Honcoop asked about the sale of the property. Did the new owners sign a continuance to stay in open space? Ms. Osborn stated the previous owners did not maintain the finance requirements to stay in open space so the Hemnes continued it pending reclassification. If they don't get approved they have to pay back taxes. Commissioner Honcoop asked where the public benefit is. What is there to ensure they will continue to use it as outlined? Ms. Osborn stated they can add conditions. Commissioner Honcoop asked who would enforce those conditions. There was no response to this question. .o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DRAFT RECORD OF PROCEEDINGS OF THE 5 WHATCOM COUNTY PLANNING COMMISSION June 26, 2014 ular Meeti Commissioner Teigrob stated that being in Open Space Agricultural Conservation versus Open Space Farm and Agriculture leaves no incentive to continue to farm because the monetary requirements go away. Ms. Osborn stated that this issue has been a point of discussion for some time regarding this classification. The commission can assign conditions if they want. Commissioner Hunter stated he sees no benefit to the county if this is put into Open Space Farm and Agricultural Conservation because he doesn't believe it will change the use of the land. Commissioner Teigrob made a friendly amendment requiring the applicant to apply and be approved Open Space Farm and Agricultural Land within four years. Commission McClendon seconded. The amendment carried. The vote on the main motion to recommend approval carried. Open Space Timber Land - Bailey Trust Commissioner Teigrob moved to recommend approval for the parcel within the City of Ferndale. Commissioner Hunter seconded. Commissioner Haugen stated the tax shift is not known. As such he has no choice but to vote no on the Timber Land applications. He has an issue with the protocol and procedure. The vote on the motion to recommend approval carried. Commission Honcoop moved to recommend approval for the parcel within the county. Commissioner McClendon seconded. The motion carried. Open Space Timber Land - Engelund Commissioner Honcoop moved to recommend approval. Commissioner Teigrob seconded. The motion carried. Open Space Timber Land - Sunset SW LLC Commissioner Teigrob moved to recommend approval. Commissioner Honcoop seconded. Commission Onkels asked Mr. Stoner the reason for the application. Mr. Stoner stated when the application was originally done, many years ago, the owner thought this parcel was included. This application takes care of that oversight. The timber management plan was actually written including this property. Commissioner Hunter asked if the property has been harvested in the last 20 years. 381 DRAFT" RECORD OF PROCEEDINGS OF THE 6 WHATCOM COUNTY PLANNING COMMISSION June 26, 2014 Regular Meeting 1 Mr. Stoner stated it has not. 2 3 Commissioner Onkels stated the typical harvest cycle is 70 years. 4 5 Ms. Osborn stated that conifer species are generally a 50 year crop. 6 7 Commissioner Hunter asked Ms. Osborn if this parcel is in fact harvestable. 8 Ms. Osborn stated yes it is based on her research. 9 10 The vote on the motion to recommend approval failed. 11 12 The meeting was adjourned at 8:50 p.m. 13 14 Minutes prepared by B. Boxx. 15 16 17 WHATCOM COUNTY PLANNING COMMISSION ATTEST: 18 19 20 21 22 David Onkels, Chair Becky Boxx, Secretary 382 BEAM t imm IN THE 383 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-273 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: b V 07122114 Intro Originator / r =) � ;(1 \V 1 Cr ��� "� 08/OS/14 Finance Division Head Committee, ( Council Dept. Head: � f .N "f TO M COUNTY i �.n % Prosecutor: 114, ! 4 COUNCIL mot% Purchasing/Budget: Executive: TITLE OFDOCU : 2014 Supplemental Budget Request #14 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: 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.) Supplemental #14 requests funding from the General Fund. 1. To appropriate $28,813 in Planning and Development Services to fund one code enforcement staff position. Parks Special Revenue Fund: 2. To appropriate $32,000 in Parks to fund Hovander driveway relocation. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DATE: 07/22/14 ORDINANCE NO. AMENDMENT NO. 14 OF THE 2014 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 followina additional amounts to the 2014 budaet included therein: Fund Expenditures Revenues Net Effect General Fund Planning and Development Services 28,813 - 28,813 Total General Fund 28,813 - 28,813 Parks Special Revenue Fund 32,000 - 32,000 Total Supplemental 60,813 - 60,813 In addition, Exhibit B to the 2013-2014 Budget Ordinance entitled "Authorized Positions" should be amended to provide for the following FTE changes: • Add 1 FTE Planner position in Planning & Development Services. • Close 1 FTE Clerk II position in Auditor — Recording. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk w w w• , 1 • w r 2014. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2014_Suppl\Supplementa1 #14-2014.doc 385 WHATCOM COUNTY Summary of the 2014 Supplemental Budget Ordinance No. 14 Department/Fund Description Increased (Decreased) Expenditure (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease General Fund Planning and Development Services To fund the addition of one code enforcement staff person. 28,813 - 28,813 Total General Fund 28,813 28,813 Parks Special Revenue Fund To fund Hovander driveway relocation. 32,000 32,000 Total Supplemental 60,813 60,813 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 ? 360-676-6907, TTY 800-833-6384 360-738-2525 Fax Memorandum TO: Jack Louws, Executive Tyler Schroeder, Special Projects Manager FROM: J.E. "Sam" Ryan, Director rlfll�- DATE: June 09, 2014 SUBJECT: Code Enforcement Staff Supplemental Budget Request J.E. `'Sam" Ryan Director Attached is a Supplemental Budget Request for the current 2014 budget for an additional staff person for our Code Enforcement area. There is a pressing need for additional staff for processing and responding to code violations. The requests for enforcement investigations have exceeded our department's capacity to do adequate compliance follow up and processing of new violations. Normally this request would come as an ASR for the 2015-2016 budget process, but the need for additional Code Enforcement staff is immediate. I have council members and the public calling and emailing to ask about status of ongoing cases. We have a back log of cases and staff is not able to work through them in a timely manner. With this new staff person we would propose a short term proactive change to enforcement cases with an emphasis on voluntary compliance. If we can't get compliance then we already have a penalty assessment process that can be used. In the long term, PDS will seek to get regulations approved to place a lien on properties that have failed to get into compliance. This request is separate from the 1/2 FTE PIC Enforcement position and the NPDES FTE position proposed by Public Works. Thank you for taking the time to review this request. Please let me know if you need any further information. 387 Supplemental Budget Request Status: Pending Planning & Development Services Administration Supp7 io # 1884 Fund 1 Cost Center 842 Originator: Denise Smith Expenditure Type: Ongoing Year 2 2014 Add'I FTE 0 Add'I Space ❑ Priority 1 Name of Request. Code Enforcement Additional Staff Depa ment Head Signure (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6110 Regular Salaries & Wages $19,716 6210 Retirement $1,815 6230 Social Security $1,509 6245 Medical Insurance $4,927 6255 Other H&W Benefits $543 6259 Worker's Comp-Interfund $303 Request Total $28,813 la. Description of request: This will add one FTE to work as a full time Code Enforcement staff person. 1b. Primary customers: Whatcom County residents 2. Problem to be solved: The requests for Code Enforcement investigations have exceeded the department's capacity to do adequate compliance follow up and processing. PDS has council members and community members calling, emailing and asking about the status of ongoing cases. The goal would be to use this new person and develop a short term proactive change to enforcement case management with an emphasis on voluntary compliance. If we can't get compliance then we already have a penalty assessment process that can be used. 3a. Options /Advantages: We are utilizing staff in other departments for the initial intake and review of cases and are using the department clerk/receptionist to assist with clerical tasks. However, PDS is running at minimum staff in all departments and all areas are already working hard to manage their own workloads and do not have the time to assist with Code Enforcement beyond what they are already providing. 3b. Cost savings: 4a. Outcomes: The new staff person would focus on current and incoming Code Enforcement cases working to resolve ongoing issues and work through the backlog so new enforcement cases can be prioritized and handled in a timely manner. 4b. Measures: When the back log of cases is diminished and Code Enforcement cases are current in responding to compliance request.. 5a. Other Departments/Agencies: No Wednesday, July 09, 2014 Rpt: Rpt Supp! Regular KM Supplemental Budget Request Status: Pending Planning & Development Services Administration Supp'l ID # 1884 Fund 1 Cost Center 842 Originator: Denise Smith 5b. Name the person in charge of implementation and what they are responsible for: n/a 6. Funding Source: General Fund Wednesday, July 09, 2014 Rpt: Rpt Suppl Regular KM WHATCOM COUNTY Parks & Recreation 3373 Mount Baker Highway Bellingham, WA 98226-9097 TO: Jack Louws, Executive FROM: Michael McFarlane, Director DATE: July 91", 2014 Michael G. McFarlane, Director Christ Thomsen, Operations Manager RE: Budget Supplemental- Hovander Driveway Relocation #1883 Attached please find a request for a budget supplemental to facilitate the relocation and construction of a portion of the drive to the group picnic area at Hovander Homestead Park. This project parallels the newly constructed multi use trail and will provide separation of pedestrians and motor vehicles for safety purposes. Adequate funding exists in the Parks Special Revenue Fund and the department would like to complete this project before the autumn rains. All permits and quotes have been obtained. Thank you 390 Supplemental Budget Request status: Pending Parks & Recreation Sup;, t ", , 83 Fund 126 Cost Center Originator. Rod Lamb Expenditure Type: One -Time Year 2 2014 Add'I FTE Add'I Space Priority 1 1a. Description of request: A portion of the drive to the group picnic area and shelter at Hovander Homestead Park will be relocated to accommodate the recently constructed multi use trail. Accessible parking spaces will also be constructed to facilitate shelter and picnic users and better serve special events. This project will improve accessibility, separate different users to avoid safety issues and accommodate individuals with disabilities.. 1b. Primary customers: Park visitors and volunteers who attend special events and use the picnic areas, shelters and gardens at the park. 2. Problem to be solved: In 2013 a new multi use trail was constructed on portions of the existing drive. Trail use and motorized vehicles should be separated for safety purposes particularly during peak use periods and special events. A portion of this drive is on turf which at times of the year can present challenges due to moisture conditions. This relocated drive will improve vehicle access and address pedestrian, bicycle and vehicle safety concerns. 3a. Options /Advantages: No action will result in the degradation of the trail surface and potential safety issues with pedestrians and motorized vehicles. This option maintains a separation and accommodates all users regardless of conditions. 3b. Cost savings: N/A 4a. Outcomes: Separation of use and improved access upon completion. 4b. Measures: N/A 5a. Other Departments/Agencies: Permits have already been acquired from WC Planning and Development Services. 5b. Name the person in charge of implementation and what they are responsible for. N/A 6. Funding Source: This project is proposed to be funded from the Parks Special Revenue Fund. Wednesday, Jut), 09, 2014 Rpr: Rpl Suppl Regular 391 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 275 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: 7/15/2014 7/22/2014 Introduction Division Head: 8/5/14 Finance/Council Dept Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Ord. amend WCC 3.06, grant applications, to clarify requirements & exceptions ATTACHMENTS: Ordinance SEPA review required? ( ) Yes ( ) 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 ordinance amends WCC 3.06 to amend the grant application process and to clarify exemption provisions. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatconz.wa.us/council. 392 PROPOSED BY: SPONSORED BY: Consent INTRODUCTION DATE: July 22, 2014 ORDINANCE# AMENDING WHATCOM COUNTY CODE SECTION 3.06, GRANT APPLICATIONS, TO CLARIFY REQUIREMENTS FOR GRANT APPROVAL AND APPROVAL EXEMPTIONS WHEREAS, Whatcom County Code Section 3.06 sets forth requirement for grant application approval and approval exemptions; and WHEREAS, it has been brought to the Council's attention that the Code should be amended to streamline the grant application process and clarify exemption provisions. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 3.06 is hereby amended as outlined Exhibit A to this ordinance. ADOPTED this day of , 2014 Dana Brown Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Chairperson ( ) Approved ( ) Denied Jack Louws, Executive Date: 1 393 EXHIBIT A (WCC 3.06 Amendment) Chapter 3.06 GRANTS AocI ICATinnic Sections: 3.06.010 Approval by council —Exemptions. 3.06.010 Approval by council — Exemptions. A. Copies of all All federal and/or state grant applications that propose county direct or iRdir-est cost sharing in an amount exceeding $5,000 $20,000 or provide require for additional personnel, must be sent to rVew-PrOil At the time it Is submittedd te the fundiRg agenGy and must be approved by the council before the grant may be accepted. C. The requirements of this section shall not apply to emergencies declared by the county executive. (Ord. 84-109). 2 394