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HomeMy WebLinkAboutPacket Sep 30 2014WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-067B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: AL 09122114 09130114 Originator: __ Natural Division Head: Dept. Head: WHNTCOM COUNTY Prosecutor: COUNCIL Purchasin /Bud et.' Executive: TITLE OFDOCU ,' cussion with Council on the use of flood funds for Water Action Plan work. ATTACHMENTS: SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPIA 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.) Discussion with Executive Jack Louws and Special Projects Manager, Tyler Schroeder, on the use of flood funds for water action plan initiatives. COMMITTEE ACTION. COUNCIL, ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-305 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: E. Douglas ED 09/15/14 L� 1t _ ( ;' V ��� 0 9/30/14 Natural Originator: �' �� �� 4Lr �J � a 2 2014 i Resources G. Stoyka Division Head: 'A."'V F. Abart Dept. Head: t���G ka � F aONCOUNTY D.Gibson j�`7 Prosecutor: ��/S / , () ° a 4 � g §' B. Bennett Purchasing/Budget: J.Louws Executive: TITLE OF DOCUME Whatcom County Pollution Identification and Correction (PIC) Program ATTACHMENTS: 1. Resolution adopting the Whatcom County PIC Program. 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.) Whatcom County Public Works Natural Resources staff will present a resolution to approve the Whatcom County Pollution Identification and Correction (PIC) Program. The Portage Bay Shellfish Protection District Advisory Committee presented an updated Portage Bay shellfish recovery plan to the Whatcom County Council Natural Resources Committee on May 20 that was adopted by Council by resolution on June 3, 2014. The priority recommendation of this plan was to develop a locally -driven and sustainable PIC program. Through discussion of the water action plan, this strategic approach to address water quality issues in Whatcom County has received support from a number of advisory committees and other organizations. 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. 2 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director ►ITM[elff_3-kiI Bill ►yil NATURAL RESOURCES 322 N. Commercial St., Suite 110 Bellingham, WA 98225 Phone # (360) 676-6876 Fax # (360) 738-2468 www.co.whatcom.wa.us TO: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director FROM: Gary Stoyka, Natural Resources Manage Erika Douglas, Senior Planner- Marine Resources RE: Resolution Approving the Pollution Identification and Correction (PIC) Program DATE: September 15, 2014 ■ Requested Action Public Works Natural Resources staff requests that the Whatcom County Council approve the Whatcom County Pollution Identification and Correction (PIC) Program. ■ Background and Purpose The Portage Bay Shellfish Protection District Advisory Committee presented the updated Portage Bay Shellfish Recovery Plan to the Whatcom County Council Natural Resources Committee on May 20, 2014. The plan was adopted by the Council by resolution on June 3, 2014. The highest priority recommendation of the plan is a locally -driven and sustainable PIC Program. Several other committees and local organizations have also identified this strategic approach as a solid option for addressing water quality issues and shellfish growing area recovery in the county. This resolution outlines the justification, components, and priority areas and approach of the Whatcom County PIC program. Please contact Erika Douglas at extension 50692 or Gary Stoyka at 50618 if you have any questions. Encl. N SPONSORED BY: PROPOSED BY: Public Works INTRODUCED: RESOLUTION NO. 2014- SUPPORTING THE WHATCOM COUNTY POLLUTION IDENTIFICATION AND CORRECTION (PIC) PROGRAM WHEREAS, Water Resource Inventory Area (WRIA) 1 has 66 stream segments on the Washington State Department of Ecology 2008 303(d) list for fecal coliform bacteria; and WHEREAS, three Shellfish Protection Districts (SPDs) have been established in Whatcom County in Drayton Harbor, Portage Bay, and Birch Bay due to elevated bacteria levels; and WHEREAS, within coastal drainages only 21% of the routine monitoring stations currently meet water quality standards for fecal coliform bacteria; and WHEREAS, fecal coliform levels in the Nooksack River and Portage Bay have increased in the past five years and the Portage Bay shellfish growing area is threatened with another closure; and WHEREAS, the Washington State Shellfish Initiative identifies Portage Bay and Drayton Harbor as priority areas for water quality improvement and state agencies have established, funded, and coordinated the Whatcom Clean Water Program; and WHEREAS, the County Council adopted Resolution #2014-015 on March, 11 2014 to create a Water Action Plan and seek community input; and WHEREAS, several advisory committees and community organizations identified bacterial pollution as a high priority water issue in Whatcom County; and WHEREAS, the Portage Bay Shellfish Protection District Advisory Committee presented the updated Shellfish Recovery Plan to the Whatcom County Council Natural Resources Committee in May 2014 and the plan was adopted by Resolution #2014-027 on June 3, 2014; and WHEREAS, the highest priority recommendation of the Portage Bay Shellfish Recovery Plan was a locally -driven and sustainable Pollution Identification and Correction (PIC) Program; and I:4 NATURAL RESOURCES\05-WQ Monitoring\PIC Program\Council\PIC resolution.vlAxx NOW THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby adopts the PIC Program as the framework for identifying and addressing bacteria sources impacting Whatcom County freshwater and marine water resources, as indicated in Exhibit A to this Resolution. APPROVED this day of ATTEST: Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor 2014. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair ( ) Approved ( ) Denied Jack Louws County Executive I:\5-NATURAL RESOURCES\05-WQ Monitoring\PIC Program\Council\PIC resolutionml.dooc 5 2 Exhibit A Whatcom County Pollution Identification and Correction (PIC) Program Bacteria Levels Since 1998, a variety of water resource stakeholders and local and state agencies in WRIA1 have worked together under the Watershed Management Act to characterize issues related to water quantity, water quality, fish habitat, and instream flows as well as to identify potential management solutions. The characterization found fecal coliform to be the predominant water quality issue in WRIA 1. Of the 274 individual 303(d) listings for WRIA 1 in 1998, 82 were for fecal coliform, while the next most frequent, dissolved oxygen, had 48 listings. In 2008, there were 253 individual Category 5 303(d) listings in WRIA 1. Sixty-six of these Category 5 listings were for fecal coliform. This widespread problem of elevated fecal coliform is further illustrated through Whatcom County Public Works' (WCPW) routine monitoring program data, as well as the numerous public health advisories and shellfish harvest closures throughout WRIA 1. Elevated bacteria levels have required three shellfish protection districts to be created in Whatcom County: Drayton Harbor, established in 1995, Portage Bay, established in 1998, and Birch Bay, established in 2009. In the three districts, the majority (79%) of creeks and tributaries monitored on a routine basis are not meeting water quality standards for fecal coliform bacteria. This is similarly reflected in the marine waters where there are year-round shellfish harvesting closure areas in Drayton Harbor and Birch Bay, seasonal closure areas in Drayton Harbor, and the threat of closure areas in Portage Bay. Bacteria Sources Fecal coliform bacteria are found in the intestinal tract of human and other warm-blooded animals and are used an as indicator of water pollution. While most fecal coliform strains do not cause human illness, detection of fecal coliform in a creek or bay indicates that human and/or animal wastes and the associated harmful pathogens are polluting the water. Examples of pathogen -related illnesses are giardia, salmonella, viral gastroenteritis, hepatitis, and cholera. People are exposed to these pathogens through direct water contact, such as swimming, wading, or eating shellfish from waters with high bacteria levels. The key potential sources of bacteria that have been identified in Whatcom County coastal drainages are (1) animal waste from agricultural operations, domestic pets, waterfowl, and urban wildlife, and (2) human sewage from failing on -site sewage systems (OSS), leaking sewers, or cross -connections. Addressing Bacteria Sources Much work has been accomplished to identify and address larger point sources of bacteria in Whatcom County coastal drainages. The current focus for water quality improvement projects is on non -point sources such as agricultural operations, septic systems, domestic pets, and urban wildlife. The Pollution Identification and Correction (PIC) Program uses water quality data to identify focus areas, works with landowners through a voluntary program to provide technical and financial assistance to fix problems, and uses a regulatory backstop for discharges or violations that are not addressed through the voluntary program. The PIC approach is supported by a number of local efforts that are underway. In the past year, the Portage Bay Shellfish Protection District Advisory Committee updated the shellfish recovery plan and the I:\NATURAL RESOURCES\05-WQ Monitoring\PIC Program\Council\PIC resolutionml.docx 3 highest priority recommendation was to establish a locally -driven, sustainable PIC program. This updated plan was presented to the Whatcom County Council in May 2014 and adopted in June 2014. Additionally, the Whatcom County Council passed the Water Action Plan resolution in March 2014 seeking input form advisory committees and citizens on a variety of water resource programs. Shellfish Protection District Advisory Committees were encouraged to provide input on programs to reduce bacteria pollution. Recommendations from the advisory committees suggest using water quality data and direct landowner contact to identify and address sources of bacteria. The Washington State Shellfish Initiative-Whatcom Clean Water Program (WCWP) relies on water quality monitoring and direct landowner contact in Bertrand and Kamm watersheds to identify and correct bacteria sources. Finally, the WRIA1 Joint Boards identified a PIC program as a near -term action for the Puget Sound Action Plan. All of these efforts illustrate the local support that is emerging for enhancing and sustaining the County's PIC program. This support is essential to transitioning to a locally -driven and sustainable PIC program. PIC Program Elements A PIC Program is a data -driven process to identify and correct sources of bacteria that are impacting community water resources. Through community engagement, technical assistance, and incentive programs a community sense of ownership and stewardship will be developed for neighborhood creeks. This program is reliant on partnerships and coordination between departments and agencies. When pollutant sources are identified, landowners will be offered technical and financial assistance and deadlines to address the source. The major elements of the Whatcom County PIC Program and department and partner agency roles are described below. • Water Quality Monitoring and Annual Review: Public Works will coordinate, conduct, and complete data analysis for routine water quality monitoring throughout Whatcom County coastal drainages. An annual review will be completed to track patterns in water quality and identify focus areas for water quality improvement. Within the focus areas, Public Works will conduct monitoring along creek segments and ditches to identify hot spots with the highest bacteria levels. The County will coordinate with the Whatcom Clean Water Program to ensure efforts are coordinated and complementary. • Comprehensive Community Outreach: Public Works will coordinate with other departments, agencies, and advisory committees to develop and implement community outreach programs describing water quality issues, bacteria sources, and steps that can be taken to improve and protect water quality. Within focus areas, neighborhood meetings and workshops, newsletters, incentives, and other outreach tools will be used to connect with landowners and inform them of the PIC Program and its progress. • Direct Landowner Contact: Public Works will use water quality data, GIS data, and windshield surveys to identify potential bacteria sources upstream of water quality hot spots. Parcels within the focus areas will be evaluated to guide the sequence of landowner contacts to begin with highest priority sites where human -related activities and sources may be affecting bacteria levels. Each of these contacts will occur through a tiered approach, providing voluntary options to assist landowners with identifying and addressing bacteria sources. Public Works will track the progress of landowner contacts and types of projects that are implemented. o Dairies- In hot spots with dairy facilities, the water quality data will be forwarded to the Washington State Department of Agriculture for follow up with landowners. If no problems are found, the parcel will be removed from the list of potential sources. o Septic Systems- In hot spots with septic systems and no evidence of livestock, the water quality and drainage area data will be forwarded to the County Health Department for review of septic system evaluation status. The Health Department will follow their I:\5-NATURAL RESOURCES\05-WQ Monitoring\PIC Program\Council\PIC resolutionxl.doa n standard process outlined in the Local Management Plan to follow up with landowners. If no problems are found, the parcel will be removed from the list of potential sources. o Other Livestock- Parcels will be prioritized for landowner contact based upon the potential for bacteria sources to be impacting water quality. An outreach letter will be sent to priority parcels with livestock to inform landowners of water quality status, potential bacteria sources, and technical and financial assistance available through the Whatcom Conservation District (WCD). The WCD will follow up with landowners in the focus area to offer technical and financial assistance to address water quality problems through a voluntary program. The WCD will attempt a minimum of two direct contacts with the landowner through phone calls and door knocking to offer the technical and financial assistance through the voluntary program. If no problems are found, the parcel will be removed from the list of potential sources. The WCD will provide a list of landowners that are participating in the voluntary program to Public Works. Those landowners who have not participated in the voluntary program will receive a final letter from Public Works asking for their participation in the voluntary program and reminding them of the landowner's responsibility to meet regulations. • Regulatory Backstop: Regulatory pressure will be applied in an appropriate, measured manner to those landowners who decline to participate in the voluntary program when elevated fecal coliform levels persist in their watershed. Landowners with violations/discharges that do not participate in voluntary program following three contact attempts will be referred to the appropriate agency for compliance/ enforcement actions. When the parcel is in violation of the Critical Areas Ordinance (e.g. agricultural activities are occurring within a critical area or its buffers without an approved farm plan), a referral will be made to Whatcom County Planning and Development code compliance staff. The infraction will be reviewed by compliance staff and the appropriate compliance action will be taken (e.g. notice of correction, notice of violation, or civil penalty). Issues regarding OSS will be referred to the Whatcom County Health Department. The Health Department will follow their standard process and timeline to evaluate the OSS as described in the Whatcom County On -site Sewage System Local Management Plan. Issues regarding dairy operations will be referred to Washington State Department of Agriculture (WSDA). Other water quality issues will be referred to the Washington State Department of Ecology (DOE). • Reporting to the Community The PIC Coordination Team in coordination with the Whatcom Clean Water Program will set milestones for contacts with the community, water quality improvements, and when the program can move into another priority area. Quarterly reports on water quality will be shared with the community through newsletters, the Public works website, and through neighborhood meetings as needed. I:\61ATURAI RESOURCES\05-WQ Monitoring\PIC Program\Council\PIC resolutionxl.docx 5 Whatcom County Pollution Identification and Correction (PIC) Program Community Solutions for Clean Water ................................................................ I:\5-NATURAL RESOURCES\OS-WQ Monitoring\PIC Program\Council\PIC resolutionA.docx WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 - 303 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Citizen 9/23/2014 9/30/2014 Finance Division Head: Dept. Head: Prosecutor: Purchasiu /Bud et: Executive.• TITLE OF DOCUMENT. Presentation - contributions of Mountain Biking Coalition to community & economy ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review connpleted? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you nnust 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.) Heather Wolf contracted the Council Office and asked to give a presentation on the contributions of Whatcom Mountain Biking Coaliton to the community and the economic impacts of mountain biking to Whatcom County. 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.whatcont.wa.us/council. 10 Documentation for Whatcom Mountain Bike Coalition Presentation: Contribution to Our Community and the Economic Impacts of Mountain Biking in Whatcom County September 30, 2014 Presented by: Matt Durand, President Eric Brown, Trail Director 11 2014 WMBC Rider Survey About the Sample: Over the course of a 10 week period between January 30th and April 18th, the WMBC conducted a survey to target trail users recreating on Galbraith Mountain and elsewhere in Whatcom County. This survey was done entirely online utilizing surveymonkey web -based software. The survey was sent out to the WMBC's email list and promoted on the WMBC site, Facebook, Ridegalbraith.com, and mtbr.com. Additionally, it was sent out to the Bellingham trail running community as well. After a respondent completed the online survey, a cookie was dropped on their computer to ensure they couldn't fill it out the survey more than once. If a respondent tried to access the online survey again, they were redirected to the WMBC's website (www.wmbcmtb.org). Respondents were asked about their use of Galbraith Mountain trails, frequency of use, transportation and access points, preferred riding styles, gender, age, duration of visit, family income, mt. biking experience and area of residence. For any non-Whatcom County residents, we asked about their use of local businesses during their visits to Galbraith Mountain. For residents of Bellingham and Whatcom County, we asked them about the importance of trails in their overall lives. Profile of Typical Galbraith Trail User: The typical respondent is male, between 30-49 years old, with ten years plus of mountain biking experience and an annual family income of $50k+ . They use Galbraith Mountain weekly spending 2-3 hours on the trails. Because the typical respondent lives in Bellingham, they often ride to the trails and recreate with groups consisting of anywhere between 2-5 people. Tourism: Riders residing outside of Bellingham or Whatcom County represented 31.5% of total respondents. These people are affluent (67% with an income of $70k+) and 53% spend a minimum of $40 per visit at at breweries, restaurants, hotels, gas stations, bike shops and supermarkets. 72% of them visit Bellingham at least quarterly (and 25% monthly) to recreate on our trails. Non -locals responded with 83% preferring All Mountain, 54% Cross Country, 43% Downhill and 38% Freeride. The characteristics of the 749 respondents are detailed in the document below: 12 Age: The largest group of respondents were within the 30-49 age brackets (66%), while the 20-29 and 50-59 groups were nearly tied at 15.09% and 14.82% respectively. Note: There are more and more young people on the mountain in recent years and we feel the 10-19 age group in the survey does not correspond with the amount of younger users on the mountain. 1049 Answer Choices Responses 1 D 19 2.27% 17 2029 _.. 15.09% 113 30-39 _ 33.11% 248 40-09 32.98% 247 1 50 F9 14.82% 80+ 1.74% 13 Total 749 13 Gender: 73.03% of those surveyed were male and 26.97% were female. This represents an increase of 9% amongst female respondents from our 2010 survey. We feel that corresponds with an increase of female riders and runners on the mountain. Answer Choices Responses F 26.97% 202 73.03°/u 547 Total 749 14 Area of Residence: 68.49% of respondents are local (57.41% Bellingham & 11.08% Whatcom county). This is nearly identical to our 2010 survey results. 15.62% live in the Seattle -Bellevue area, 6% are from B.C. and another 6% chose "other". While this survey was promoted via the North Shore Mountain Bike Association in Vancouver, we feel the number of B.C. riders is significantly higher than the # of respondents indicated in the survey based on B.C. license plates in our parking lots. Where do you reside? r nswevc¢ d3 74,9 SlkisppedA Bellingham Whatcom County Skagit CountyRE � Seattle/Bellevu e area � ��� �� " British Columbia rnhar 15 Mountain Bike Experience: Bellingham mountain bikers have a wealth of experience on the bike. 57.57% have 10+ years experience while only 5.94% have less than 2 years experience. While this is a group of hardcore riders, the WMBC is working to bring kids and beginners into our sport via beginner -level trails and future skills zones in our parks. Under 1 year Answer Choices Under 1 year 1-2 years What is your level of mountain bike experience? Responses 1.35°!° 90 4.59% 9.19% 11.89% 12.30% 31.08% 26.49% 3.11 % 34 68 88 I 91 230 196 23 'Fatal 740 16 Annual Family Income: 74.5% of respondents have an annual family income of $50k or more. This certainly coincides with the respondents' age and speaks to the purchasing power that mountain bikers bring to our community. <$10k 1.87% 14 $10 -30k 6.68% 50 $30 -50k 12.82% 96 �u5D -70k _. 15.49°l0 116 $70-100k 20.56% 154 $100k+__ 38AS% 288 Totat, 749 17 Uses on the mountain (check all that apply): 94.66% of respondents use Galbraith Mountain for Mountain Biking. This was promoted via the WMBC and mt. bikers have built and maintain the trail network, however, the survey was given to trail running groups as well. As such, 27.9% of respondents trail run on Galbraith which is up 13% from our 2010 survey and matches up with anecdotal observations. Worth noting is there is a big crossover between the two activities, as 84.6% of the trail running respondents are also mountain bikers. 16.82% of all respondents use Galbraith for hiking. Why do you visit Galbraith Mountain? (select all that apply) Mountain Hike Answer Choices Responses Mountain Bile 94.66% 709 Trail run _ 27.90°fo _ 209 Hike _ 16.82% 126 Other 3.87% 29 Total Respondents:749 Other areas where trail users recreate (check all that apply): Additionally, 94.76% of respondents also ride mt. bikes on Chuckanut Mountain which has a long history of mt. biking. More surprisingly was that 43.63% ride trails on Lookout Mountain and 27.43% on Stewart Mountain — both of which have recently become part of the Lake Whatcom Park. What other areas do you ride mt. bikes in Whatcom County? Answered: 534 Skipped: 215 Answer Choices Responses Chuckanut Mountain 94.76% 506 Lookout Mountain 43.63% 233 Stewart Mountain 27.34% 146 Eat County _ 21.16% _ 113 Total Respondents:534 19 Preferred types of biking (check all that apply): 73.83% of respondents' preferential riding style is All Mountain. This isn't surprising considering the advances in bike technology combined with Galbraith's trails, access and topography that caters to this type of mountain bike experience. Further proving our community has diverse riding styles, there is a lot of crossover between preferred disciplines. Of the respondents who selected Cross Country as a preferred riding style, 23.5% also Freeride and 28.3% Downhill. The respondents who chose FR or DH as a favorite type of biking, 43% of them ride Cross Country and 89.6% ride all mountain. Interestingly, in the 30-49 age ranges, 38% ride Downhill and 33% ride Freeride. Tourists responded with 83% preferring All Mountain, 54% Cross Country, 43% Downhill and 38% Freeride. What are your preferred type(s) of biking? (select all that apply) NA Cross Country yam r All Mountain x Freeride g�a' � : Downhill Cyc locros & Road Commute 01!s 10% 20`Y 30% 40`Y 50% 601% 701/6 80% 90% 100% Answer Cholces Responses NA 3.60% 27 Cross Country 55.54So 416 I All Mountain Frea dde Lb�mh€!I Cyclocrom Road Commute Total Respondents: 749 .................. 73.83% 32.71% t;53 245 37.52% 201 12.58%, 25.30%s 23.90°f 20 Frequency of Use on Galbraith: 53.27% of respondents recreate on the mountain at least weekly and 35.91% are on the mountain multiple times per week. This illustrates the important role Galbraith Mountain plays to residents of Bellingham. What is your frequency of use on Galbraith Mt.? Ajv weredi 749 Skipp3d� First Time Daily is Multiple per week Weekl Y 01 8i-Weekly Monthly Quarterly Semi -Annual (2x per year) Annual (1x per year) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Cholees Responses Firl Time 0.93% 7 Daily 0.93% _ 7 _ Multiple per week 35.91% 269 weei4y _ 17.36% 130 Bi Weeky Monthly Quarterly Semi -Annual (2xper year) Annual (1x per year) Total 10.28% 77 15.35°l0 115 10.68% _ 80 5.87% 44 2.67% 20 - 749 21 Duration of Use: 53.41% of respondents recreate on Galbraith for 2-3 hours per outing. 18.02% recreate for 3-5 hours and 26.7% use it for 1-2 hours per outing. Our respondents spend a lot of time on Galbraith Mountain. What is the average duration of your visits to Galbraith Mt.? Ansvvereat: 749 Skippe & 0 Under 1 hour Answer Choices Under 1 hour 1 - 2 hours 2 -3 hours 3 -5 hours 18.02% 135 5+hours 1.87% 14 Total 749 22 Group size (check all that apply): 77.44% of respondents generally recreate with a group of 2-5 people on Galbraith Mountain, while 18.22% generally recreate solo. What is the average number of people you ride, trail run or hike with? Solo x c rr' s 25� rs 540 10+ 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Solo 18.02% 135 2-5 77.44% 580 5-10 10+ 4.27% 0.27% 32 2` Total 749 ' 23 Access to the mountain: 54.87% of riders use both the north and south sides to access the mountain. 25.63% access it solely from the south side (Galbraith Lane) and 28.84% access it solely from the north side (Birch Street). For this year's survey, we added the Sudden Valley option and 9.48% responded that's their primary access point. Which location(s) do you typically use to access Galbraith Mt.? Answer Choices Responses North side {Such Street} 28.84% 216 South side (Galbraith Lane) 25.63% 192 Both North and South Locations 54.87°l0 411 Sudden Valley (4000 Road) 9.48% 71 Total Respondents: 749 24 Transportation to the mountain (check all that apply): Not surprisingly, with neighborhoods flanking 3 sides of the mountain and close proximity to Bellingham, 54.7% of respondents ride their bike, run or hike to the trails a large part of the time. What transportation methods do you use to get to Galbraith Mt. or other trails? Answevedd 749 Isdppadk 0 Bike Walk Run Drive {solo} Carpool OEM Transit 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Cholces Responses Bike _ 47.13% 353 Walk 2.80% 21 Run _ 4.54°l0 34 Drive (sDio) 45.39°Io 340 Carpool 54.87% 411 Transit 0.80% 6 Total Respondents749 25 Parents with kids: Most respondents either don't have children or don't ride with them today (unfortunately, we didn't differentiate that in this survey). Those that do ride with children, typically ride with 1-2 kids at a time (149 of our respondents — up from 98 in 2010). We've also witnessed many parents drop their older kids off at the parking lot and pick them up after they ride and the middle school mt. bike progams have gained popularity. Parents: If you frequently ride with your children, how many kids (and their friends) do you normally have with you? 2 4 5.15°10 32 4+ OA8% 3 Total 621 26 Non -Bellingham Residents: People that selected anything other than "Bellingham" or "Whatcom County" as their area of residence were asked a separate series of questions to estimate their economic impact on local businesses when using Galbraith Mountain or other trails in our area. Bike Shops: 81.25% of non-Bham residents have visited a local bike shop or specialty retailer in the past year for parts or service during a trip to Galbraith Mountain or other local trails. Answer Choices Yes No Total 224 27 Other Businesses (check all that apply): 98.64% of non-13harn residents have frequented another type of business in the past year. 83.5% have visited a restaurant, 77.3% a gas station and 67.4% a grocery store. While biking, running or hiking on Galbraith or other Bellingham trails, do you frequent other types of businesses near Bellingham? A..,.': " ,'� �,e -d , Aftswercholdes Responses Yes 98.64% 217 No 3 Total 220 If yes, what kind of businesses do you frequent? 2,,,',2 �11,jppcd! 527 AnswerCholces Responses Gas Siption 86A9% 132 Grocery Store 71.62% 159 Restaurant 8 9.64% 139 grPworl 71.17% 158 12.61% 28 Total Re Wnde nts, 222 M Typical Spend Amount: Non-Bham residents are spending money at local businesses when they visit Galbraith Mountain. 36.7% spend between $20-40 per trip, 26.6% spend $10-20 and 14.8% spend between $40-60. Answer Choices Responses NA - 0.00% 0 < $10 3.56% 8 $10-20 11.56% 26 $20 40 30.22% 68 $40 60 29.78% 67 $60+ 24.89% 56 Total 225 29 Bellingham and Whatcom County Residents: People that selected "Bellingham" or "Whatcom County" as their area of residence were asked a separate series of questions related to the importance of trails and recreation in their decision to either move or stay in Whatcom County. Additionally, we received individual responses to these questions that we are including below. Long-time Locals: 80% of long-time residents stated that easy access to recreation and trails was Very Important in their decision to stay in Bellingham or Whatcom County. 15% said it was Important. If you are a long-time resident or were born in Whatcom County, what role does access to trails and recreation play in your decision to stay in our area. A11sve; lots: 47 1 3kllaped1 278 Not Important atall Somewhat f Important cy Important Very Important 0% 10% 20% 30% 40% 50`Yo 60% 70% 80% 90% 100% Answer Choices Responses Not Important at all Somewhat Important Important 0.85% 4.03% 15.07% 4 19 71 Very Important 80.04% 377 Total 471 30 Transplants to Whatcom County: 60% of respondents who moved to Bellingham/Whatcom County stated that having trail access near their home was Very Important and 20.41% stated it was Important in their decision to relocate to our community. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Not Important all 3.32% 13 Helped, but not a big factor 6.89% 27 Somewhat Important 9.18% 36 Important 20 Al % 80 Very Important 60.20% 236 Total 392 31 THE BELLINGHAM BUSINESS JOURNAL TOURISM SEPTEMBER 2014 You may have noticed some changes around Skagit Bank. While our name is shorter and we certainly look different, we're still the same friendly, independent community bank. For over fifty years, we've been building Genuine, Lasting Relationships based on providing personal and professional service. We are firmly rooted in our Northwest communities and flexible enough to meet the unique financial needs of your business. We provide banking the way it should be. We are Skagit Bank. t� SKAGm*IT .�A N K - Genuine Lasting Relationships (800) 246-4402 1 SKAGITBANK.eoM Member 32 LENDER FDIC Mountain bike tourism: A boon to Bellingham economy? Advocacy group's survey details cyclists spending habits BY OLIVER LAZENBY The Bellingham Business Journal Eric Brown calls BellinghanA culture "bike -centric," He's sitting on a bench out- side Kulshan Brewery, beneath a Whatcom Smart Trips sign that says "Ride your bike! Trucks carrying mountain bikes drive by on James Street. Their drivers honk and wave at Brown, who is the trail director at Whatcom Mountain Bike Coalition, a nonprofit trail advocacy group. In an hour at the brewery, Brown encounters several mountain biking friends, some who came from as far as Gig Harbor to ride Belling- ham's trails. Brown said that mountain bike tourism is common in Bellingham, and most out- of-town bicyclists spend money in town. During a 10-week period between Jan. 30 and April 18, Brown conducted an online survey of local trail users. The survey was done using SurveyMonkey software and publicized through the group's social media. "Folks are coming to town to ride, and they're usually taking advantage of some sort of spending opportunities, he said. In total, 749 mountain bikers completed Brown's survey. Of those, 31.5 percent came from outside Whatcom County. Two-thirds of out-of-town cyclists make more than $70,000 a year, and more than half reported spending a minimum of $40 each time they visited at breweries, restau- rants, hotels, gas stations, bike shops, and grocery stores. "Mountain bikers are an affluent crowd;' Brown said. "They're not the dirtbag hip- py -type everyone thinks they are' Seventy-two percent of nonlocal survey responders said they visit Bellingham at least quarterly to ride trails, with 25 per- cent coming monthly. About half of those out-of-town mountain bikers come from the Seattle -area, and 20 percent from Van- couver, B.C. Dave Vitt, owner of Kulshan Brew- cry is a mountain biker himself. I-Ie said mountain bike tourism makes up enough of his business that he'd notice it if people stopped coming from out of town to mountain bike in Bellingham. Kirsten Henderson drove from Seattle to Bellingham regularly to mountain bike before she moved to town for a job as operations manager at Fanatik Bike Co., on N. State St. "Our first stop would always be Haggen to get some food for the trail; she said, "Then after wed always go to a restaurant and grab a beer and some food. I think that's true for most people' Fanatik Bike Co. carries maps of local trails which Henderson said are especially popular with mountain bike tourists. In the last year they've sold more than 500. What brings all those mountain bikers to Bellingham? Brown said it's the trails. Most of the local trails traverse a 3,000-acre privately owned forest known to mountain bikers as Galbraith Mountain. The trails, which are just east of Bellingham between Lake Pad- den and Lake Whatcom, are closer to an urban center than most popular mountain biking destinations in Western Washing- ton, Brown said. They're also a big network, with about 50 miles of trails on Galbraith Mountain that connect to other riding areas near Lake Whatcom. "I think at the end of the day its the type of trails and the variety," Brown said. "We have technical single-track; flowy, jumpy trails; true cross-country loops; we have a little of everything' Galbraith Mountain drains well because of underlying sandstone and dirt that local riders rave about (one bike company employee called it "the best dirt in the world"). That makes it rideable year-round, Brown said. MOUNTAIN BIKING, PAGE 20 What businesses do out-of-town cyclists frequent? Gay Station Restauran9 � � t r tl9te, NE Statistics are from an online survey of local hail users conducted by the Whatcom Mountain Bike Alliance. In total 749 cyclists repsonded to the survey, and 222 from outside of Whatcom County answered this question. Souro I Whatonn Mountain Bike Alliance 20 THE BELLINGHAM BUSINESS JOURNAL SEPTEMBER 2014 MOUNTAIN BIKING, CONTINUED FROM PAGE 8 How much do out-of-town mountain bikers spend in Bellingham per visit? NA <S�o $10.20 r� $20.40 a, $4Mo $00+ 0% 109 201S 301% 4CY%, 50% 610% ok, WIT 11E, Brown and other mountain bike advocates are quick to point out that local trails are built and maintained entirely by volunteers at no cost to taxpayers. "Galbraith is amazing and its really only impressive because of the volunteers who have worked to make it that way, said Kathy Salisbury, owner of Fanatik Bike Co. Her shop is in charge of maintaining a trail called SST, through the Whatcorn Mountain Bike Coalition's trail adoption program for local businesses. Currently, 21 businesses are signed up to take care of trails on Galbraith. Mountain biking, like kayaking, skiing and other local recreation activities, attracts educated and skilled workers to Bellingham, Brown said. "My wife and I are shining examples of people who make more than $100,000 a year and could live anywhere, Brown said. "We sold our house and moved up here because of that' Canfield Brothers, a downhill -specific mountain bike company, moved to Bellingham in 2012, Chris Canfield, co-owner, said he thinks its the best possible home base in the country for a mountain bike company. (Left) Statistics are fronr an online survey of local trail users conducted by the Whatcorn Mountain Bike Alliance. In total, 749 cyclists repsonded to the survey, and 225 from outside of Whatcorn County answered this question. Source IWhatom Mountain Bike Alliance Kona Bikes and Transition Bikes --internationally dis- tributed mountain bike brands --are both based in Fern- dale. "We ended up moving to Bellingham to be close to Whistler and because the local riding scene is great:' Can- field said. "It really couldn't be more ideal.' If Bellingham is a regional hub for mountain biking, Whistler's mountain bike park in British Columbia is a world -class destination, Brown said. Some of the mountain bike tourism in Bellingham comes from people stopping by on their way to Whistler from all over the West Coast. Canfield considered cities and towns all over the coun- try before deciding on Bellingham. He said one difference between Bellingham and other mountain bike meccas is that access to Bellingham's trails isn't secure. Other areas he looked into had more trails on public land and more support from local government, he said. Polygon Financial owns Galbraith Mountain and man- ages it as a working forest. They allow recreation on their land, and even keep it open during logging operations. Across the state, bigger landowners and managers like Weyerhaeuser and Hancock Forest Management sell permits for recreational access, or block public access all together. "The funny thing about Bellingham is its not promoted as a mountain bike town; Canfield said. "There's so much biking here that it's kinda shocking that it's not promoted that way." BRIEFING, FROM 19 ingham Tap Trail at www. bellinghamtaptrail.com Bellingham Marina completes dock for $7.5 million Florida project Bellingham Marina recently completed work on a city -owned marina "We have been working with Kent for banking in Dania Beach, Fla., just south of Fort Lauderdale. The Bellingham -based Me services for many years and have had the company built a dock sys- tem for the $7.5 million x pleasure of working exclusively with WECU for project that they call the first dock system of its type. �r+ nL f The floating concrete ` all of our business banking services since 2009. dock has 120 dock slips for boats up to 50 feet long, WECU® has been flexible and adaptable to our according to Bellingham Marina's website. Floating specific needs including all capital purchases. sections of concrete dock are connected by highly recommend Kent and his team as a plastic beams called walers, which run the length of the dock. local provider assisting local business!" Fiberglass rods connect the beams to the concrete sec- tions of dock. Dania Beach Mayor Walter Duke said in a press Rick Kowsky, Cascade Ambulance release,"We're just thrilled to have the opportunity to create a highly efficient, Talk to our Business Services team today! well located and beautiful new marina that will be an asset for residents and visi- tors alike' 411 Business Services: Kent Bouma: 360.676.1168 360.756.7683 ext. 7320 kent.bouma@wecu.com 33 Economic Impact of Mountain Biking in Squamish Executive Summary Commissioned and Conducted by: SORCA Report Date: January 3, 2014 Introduction In an effort to reliably quantify the economic benefit of mountain biking to Squamish, SORCA executed a study. We used automated trail counters to measure 1339 riders on three trail locations (Half Nelson, Cam and Phils, and Jacks Trail). We interviewed 451 of these riders. This took place over the Labour Day long weekend (Saturday Aug. 31 to Monday September 2, 2013). Key Findings: Squamish trails are primarily used by non-residents and are a driver of significant tourist traffic. • 75% of riders interviewed were visitors. That number jumps to 85% on Half Nelson, highlighting the value of investing in "landmark" trails. • Based on the counted traffic, we project conservatively that, on weekends alone, at least 25,000 riders came to Squamish to ride. A mid -range projection is 37,500. • Note: These estimates DO NOT include any weekday traffic. (For an estimate of weekday traffic doubling the numbers would be reasonable). In addition, this projection DOES NOT take into consideration the impact of major race events like Test of Metal series and BC Bike Race. We know that April/May/June have much higher trail usage as this is the key race season training period. • Compared to the 2006 Economic Impact Study, traffic has quadrupled from an estimated 591 riders per week to an estimated 2600. Estimated # of visitinci riders over 26 weekends Counted Projected Projected Conservative Mid -range Long 1011 1348 2022 Weekend Regular 667 889 1334 weekend Total for 26 24965 37447 weekends Note: Conservative projection assumes we counted 75% of total riders on all trails. Realistic projection assumes we counted 50% of total riders on all trails. Visiting Mountain Bikers inject a staggering amount of spending directly into our local economy. 40% of visitors stayed overnight. Average length of stay was 2.5 nights. Overnight visitors spend reported spending $215 per person per trip. Day Visitors reported spending $37 per person per trip. Based on the above traffic numbers, Mountain Biking tourists on weekends only inject $2,729,107 (very conservative estimate) to $4,093,661 based on a 26 weekend season. If we project to include weekdays, economic injection is estimated to be over $8.0 million. This is only direct spending. As a comparison, the Grand Fondo reported $0.1 million in direct 34 spending from training rides. Squamish Valley Music Festival Economic impact study reported $6.3 million in direct spending. • For overnight visiting riders, the bulk of the spending is in accommodation (37%), restaurants (21 %), groceries (14%), bike shops (14%). Spending Breakdown - Overnight Visitors �- accommodation restaurants entertainment bike shop groceries other entertainment 7% Other Facts: • On a scale of 1-10, 92% of riders rated Squamish trails at 8 or higher. • 48% of visiting riders reported riding 5 or more times in Squamish annually. • Suggested improvements from visitors: 0 14% mentioned better signage and maps, particularly on trails 0 27% indicated trails and maintenance could be improved, including increased youth and beginner trails • 43% of visitors were aware of the trail pass program. 13% actually bought one. • Visitor Distribution: o Lower Mainland 55% o Whistler 1 % o Other BC 18% o Other Canada 4% o US — Pacific North West 9% o Other US 3% o Other 10% 99 Economic benefits that this study did not quantify: • Riders training and competing in 5 major MTB races in Squamish would add significant numbers to this economic benefit projection. • Our MTB trails are an asset that draw people to consider relocating here. The Crumpit Woods development uses this in the marketing of their properties. They use this headline on their website" Access to world class trails and recreation right from your backyard" and reference the TOM in the very first sentence on their website: "Crumpit Woods is centrally located on The Plateau, adjacent to the trails of the legendary Test of Metal mountain bike race in Squamish, BC." • We counted 110 local riders daily on our three trail counters. Conservatively, every week, we project there are 1046 locals riding every week. This drives the local retail bike industry. And everyone who bikes needs the healthcare industry at some point. • Trail running races like the Squamish 50 are brining visitors to town. Last year, Squamish 50 brought 500 people to Squamish for racing and training. • Our MTB trails generate a significant PR benefit in the form of countless youtube and pinkbike videos profiling Squamish riders and trails o This video had generated 157,000 views since being published October 2013. http://www.pinkbike.com/news/whatwereyoudoingatl 0-artbarn-video-2013.html o This video has generated 140,000 views since July 2011. http://www.pinkbike.com/video/206139/ o http://www.pinkbike.com/news/Fresh-From-the-Barn-Kevin-Landry-in-Squamish-video- 2013.html has over 41,000 views o 1-4t�//www.pinkbike.com/video/323898/ featuring the new St'halhem Sintl climbing trail has over 50,000 views. Since July 2013. 36 Appendix Extrapolated findings Results from the survey have been extrapolated to estimate figures to cover the entire riders sample gathered from the 3 trail counters. A series of calculations have been carefully made to expand the data out to estimate the impacts across all regular and long weekends of the entire riding season. LONG WEEKEND: a�ert�ght 137 $ 29,461 $ 215 1 411 $ 88,383 D fit'* .. 200 $ 7,379 $ 37 600 $ 22,137 Tott 337 $ 36,840 1011 $ 110,520 if the 3 trails counted represented 75% of visiting riders $ 165,780 if the 3 trails counted represented 50% of visiting riders $ 221,040 REGULAR WEEKEND: t `tx a f per . Extrapolated Rider Iota! r Racier Count Total Spend pens n1trip Rider count : Spend Oversight 90 $ 19,444 $ 215 271 $ 58,333 C�a #tip 132 $ 4,870 $ 37 396 $ 14,610 Total 222 $ 24,314 667 $ 72,943 if the 3 trails counted represented 75% of visiting riders $ 97,258 if the 3 trails counted represented 50% of visiting riders $ 145,886 TOTAL ROLL UP FOR 26 WEEKENDS OF RIDING SEASON: 37 Methodology/Assumptions Some layers of extrapolation are required to allow reasonably accurate data that takes us from our sample size, to numbers that represent something very close to the overall number of riders visiting Squamish. 1) Some extrapolation has been calculated to obtain reasonable estimates that would roll up and incorporate approximate totals from all riders counted on the 3 trail counters during the Labour Day Weekend but not surveyed (the remaining 66%) 2) Based on comparisons to similar surveys conducted by the Mountain Bike Tourism Association in previous years, further estimations can be made on how many riders may be using all of the remaining trails in the Squamish network, but were not counted or surveyed and thus could be concluded to be injecting further spending into the local economy; a) If the total figure extrapolated conservatively represented 75% of total riders on all trails in the network, across the weekend. b) If the total figure extrapolated represented 50% of total riders on all trails in the network, across the weekend. 3) Calculations to approximate spending on regular weekends by visiting riders. The above extrapolations have been shrunk to accommodate only 2 days, and a reduction in total nights stay. We Mountain Bike Races Bring Big Bucks To Local Economies I Cyclingnews.com You are here: Cyclingnews > News > Mountain bike races bring big bucks to local economies ► News Editions l Log in ►Join Mountain bike races bring big bucks to local economies By: Cycling News Published: May 20, 2013, 15:20Updated: May 20, 2013, 16:22 Edition: MID N w Ra in ound-u Tuesday, May 21 2013 Race: 1,,,lS Marathon National Chamnionships Doyoulikethis?Tweet 1k] New study measures financial payoff of Oregon small town events A recent study in Oregon measured the effects of mountain bike races on the local economies. The research by Linfield College Professor Jeff McNamee documents the economic benefits of mountain biking events in the small Oregon towns of Bend and Oakridge. He also surveyed customers of a mountain bike tour company in Bend. Oregon's rural communities, particularly communities that once relied on limber revenues, are seeking new business models to sustain themselves, and many are looking to the recreation industry to drive business growth and create jobs. Once -booming timber towns are repositioning themselves as adventure destinations for tourists, with mountain biking often taking center stage. McNamee's research is some of the first in the United States to quantify the economic impact of mountain biking events. "Mountain biking is taking off in Oregon and across the world, so it makes sense that communities are beginning to see the value of mountain biking events," said the Linfield health and human performance professor. Linfield College Professor Jeff McNamee His research shows that the one -day High Cascades 100 Endurance view thumbnail gallery Mountain Bike Race, three-day Mountain Bike Oregon, and one -day USA Cycling Marathon Mountain Bike National Championships drew more than 1,700 people from 28 states, along with Canada, Austria, Australia and New Zealand. Sixty-five percent of the visitors were from outside Oregon. "One thing that was staggering was the number of participants from outside the state," McNamee said. "Five countries were represented." Another finding that surprised McNamee was the demographics. "We tend tc disposable 30 percent "These are bikers spen In addition I economy. F $400,000 R _ Bend's Cog Wild mountain bike tours spent almost a quarter million dollars on their visit. "That's a pretty significant economic impact for some one -day events," said the Linfield College professor. 'These small events created more than 50 jobs last year. And the fact that the events draw people from around the world says a lot about what Oregon has to offer_ "These communities have a lot of attractions beyond bike traits and biking events," McNamee said. In Oakridge, for example, a new brew pub serves handcrafted beers, and lodging options, including B&Bs, are growing. McNamee's research compliments an Oregon Bicycle Travel Survey released last week, which said recreational bike travel brings 400 million tourist dollars into Oregon- Tech PoweredBy k� Prn hiko• r4araint Thnmac'e Pinaralln nnnma R6 1 Cyclingnews 280,501 people like Cyclingnews. littp://www.cyclingiiews.coinlnewslinountain-bike-races-bring-big-bucks-to-local-econoinies[41912014 10:39:26 AM] Mountain Bike Races Bring Big Bucks To Local Economies I Cyclingnews.com In addition to teaching at Linfield College, McNamee serves as president of the Salem Area Trail Alliance. t , ...Facebook social hlugm __.. .__ Ads by Google 2014 TdF Cycling Tour Pyl,ir.catti:t.nni,ii ,:tar;..; I:>,i'Y Iu _h -6 in Pr. eesco„ k'otr! :.b•S':it.?YCrt ).{: C,r:n Buck Naked TM Underwear Cf'llify o'x'el 2 B;4i.� u ti cat tC.i:,(7Cy 4 CdJi I,c@I f .flt I �tbrio. cazifr,t€te e>€:a r, Goldilocks Bike Ride VVonienonly, non-c rnpetiiive rcie. f of +_. ri; 2`2011, rainwatrz More than 1 year ago Grassroots level support for tourism will keep Oregon beautiful and growing. When all else fails in the boom and bust or roller coaster economies this will prove sustainable. Back to top Send this page to a friend G Share this page with others Print this page Road Races & Events Cyclingnews.com In Cyclingnews.com Forums Magazines Tour de France About us / contacts Road Road Procycling Giro d'Italia Cycling News HD - Weekly Cycling Mountain Biking Mountain Bike Cycling -Plus Vuelta a Espana Magazine Track Track Triathlon Amgen Tour of California Register for the forum Cyclo-Cross Cross What Mountain Bike USA CRITS Bike magazines & subscriptions News Tech Mountain Biking UK 2012 Olympic Games Facebook Racing and Results Sister Brands Sea Otter Classic Twitter Tech Features BikeRadar Blogs Bikely Fitness Cycling News HD MME30 Photos TnRadar Video Future Active [Wdicme - - Future is AOP and PPA Consumer Digital Publisher of the Year. Cyclingnews is part of Future plc, on international media group and leading digital publisher. We produce content across five core areas: About Future Jobs PR Advertising Digital Future Privacy Policy Cookies Policy "Ferns &. Conditions Subscriptions Investor Relations Contact Future Future Publishing Limited, Beauford Cowl, 30 Monmouth Street, Bath BA1 213W. All rights reserved. England and Wales company registration number 2008885. 40 littp://www.cyclingiiews,com/news/mountain-bike-races-bring-big-bucks-to-local-econoinies[4/9/2014 10:39:26 AM] The Top Mountain Bike Trails in the USA, State by State t The Top Mountain Bike Trails in the USA, State by State BY UNOFFICIALNETWORKS APRIL 28. 2014 - 36 COMMENTS Like 4209 Tweet 27 +1 , 5 Plnit 3 Singletracks bring us this map of their Top Mountain Bike Trails in the USA, State by State. Singletracks has been collecting mountain bikers' reviews of trails all around the world for more than a decade now. We crunched the data from tens of thousands of trail reviews to find the top mountain bike trails in the USA by state. Here are the results (click for a larger, interactive map). 69,026 people like this. Sign Up to see what your friends like. TRENDING ON UNOFFICIAL NETWORKS SIGN UP FOR NEVVS AND OURTOP POSI-S> ?UW Skiing's New It Thing, DRIFTING �__�-� � �,y7�iz}�a+ fete; �`'4��, � •, 41 http://unofficialnetworks.com/top-mountain-bike-trails-usa-state-state-130392/[5/7/2014 12:44:32 PM] WHATCOM COUNTY COUNCIL AGENDA BILL 7V"_ 2014-306 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: TS 09123114 09130114 Finance Originator: Division Head: -- F E ri 2 F`2 0 14 Dept. Head: Prosecutor: HNI- rOM COUNTY COUNCIL Purchasin /Bud et: Executive: TITLE OF DOC E Planner Consultant, DLR Group, to present new correctional facility and Sheriff's Office Headquarters Planning Update ATTACHMENTS: No attachments SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes (x ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: S UMMAR Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) DLR Group to present an update on next steps in Whatcom County's planning process for the new adult correctional facility and Sheriff's Office Headquarters along with Special Projects Manager, Tyler Schroeder COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: AB2013-042, A, B & 2013-426 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: wwfv.co.)vhatcom.wa.uslcouncil. 42 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-306A CLEARALCK, Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: C1.1,' 9/30/14 FINANCE Division Head: rs ;=a- .:Pa '' 20114 NTY Dept. Head: Prosecutor: 1 rid "i4 COUNCIL Purchasing/Budget: Executive: TITLE OF DO NT. Professional Design Services for Conditional Use Permitting, Whatcom County Jail ATTACHMENTS: Contract between Whatcom County and DLR Group SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This contract is between Whatcom County and DLR Group for the purpose of providing full design services for the Conditional Use Permit (CUP) for Essential Public Facilities (EPF) permitting process for the New Adult Corrections Facility and Sheriffs Office Headquarters 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. 43 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMO TO: Carl Weimer, County Council Chair Council Members FROM: Jack Louws, County Executiv DATE: September 2, 2014 Jack L®uws County Executive RE: New Jail Project - DLR Contract for Design and Engineering Services Please see the attached contract for professional services for design and engineering services associated with the new 521 bed jail project. The contract is to retain DLR Group and is the next step forward in permitting the new Whatcom County Adult Correctional Facilities and Sheriff's Office. This contract covers preliminary design and engineering services so that Whatcom County can formally apply for development permit approvals with the City of Ferndale. As you know, Whatcom County has purchased the Labounty Road site, located within the City of Ferndale. The property acquisition was finalized in December of 2013. Prior to the purchase Whatcom County and the City of Ferndale issued the Final Environmental Impact Statement (FEIS). Through the FEIS process the site has been reviewed for SEPA level environmental aspects including traffic, geo-technical, archaeological and hazardous materials. The EIS process also confirmed that the new jail and Sheriff's facility can be located on the Labounty Road site within the buildable land and conform to the City of Ferndale's setback requirements. This contract is needed at this time to take the next step forward and accomplish the required design services for the City of Ferndale's Conditional Use Permit (CUP) process. Whatcom County has had pre -submittal meetings with the City of Ferndale and this contract accomplishes the required permit requirements. The scope of work in this contract is for the permitting process including preparation of the necessary permit information and completion of the traffic study, site survey, and geotechnical engineering. In addition, we are seeking the first phase of the Architect and Engineering services that will provide drawings and other documents illustrating the general scope, scale, and relationship of the project components. These services will be based on the September 2013 Pre -Design Report and Needs Assessment prepared by DLR Group. Additional information on the scope of work and a list of deliverables can be found in the attached contract submitted by DLR Group. In addition to the architect and engineering services the results of this contract will be provided to stakeholders meetings and the public. This public outreach will include providing materials and information on the many issues related to the new jail, and continuing to engage the community to ensure the issues are being heard beyond the County Council presentations. 44 Office (360) 676-6717 FAX (360) 676-6775 TRS: 711 The work of DLR Group and their subcontractors during this phase will directly lead to the final Architectural and Engineering work associated with the preparation of bidding and construction documents. This final Engineering phase will only be authorized following public approval of the new jail project during the 2015 primary or general election. The fee for professional services to DLR Group inclusive of the permitting and material preparation phase for the Whatcom County — Adult Correctional Facilities and Sheriff's Office project is in an amount not to exceed $825,887. It is anticipated that this document preparation and the permitting process will take 6 to 7 months. A budget supplemental to increase the new jail project budget is being introduced to Council on September 30`". With Council's approval on it, it is anticipated that a Notice to Proceed will be issued by the second week in October. This will allow for the permitting process for the CUP to be accomplished by the first quarter of 2015 (anticipated around March or April). Please forward all questions on this matter to me, Mr. Schroeder, or Mr. Desler. 45 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ,:)of4v %o13 Originating Department: Facilities Management Contract or Grand Administrator: Michael Russell Contractor's/Agency Name: D[_R Group Is this a new Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes 0 No ❑ If Amendment or Renewal, (per WCC 3.08.100(a)) Original Contact # Does contract require Council Approval? Yes 0 No ❑ If No, include WCC (See Whatcom County Codes 3.06.010, WCC 3.08.090 and 3.08.100) Is this a grant Agreement? Yes ❑ No 0 If yes, grantor agency contract number(s) CFDA # Is this contract grant funded? Yes ❑ No 0 If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes 0 No ❑ If yes, RFP and Bid number(s) RFQ 12-50 Cost Center: _345100 Is this agreement excluded from E-Verify? Yes ❑ No 0 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 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 any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments) • Professional Services Agreement above $20,000 $ 825,887 • Bid is more than $50,000 • 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: This contract is between Whatcom County and DLR Group for the purpose of providing full design services for the Conditional Use Permit (CUP) for Essential Public Facilities (EPF) permitting process for the New Adult Corrections Facility and Sheriffs Department Headquarters. Term of Contract: Expiration Date: 12/31/2015 1. Prepared by•---4 2. Attorney reviewed:° \ 3. AS Facilities reviewed: 4. IT reviewed if IT related: 5. Attorney signoff: r 6. Contractor signoff: 7. Submitted to Exec Office: 8. Council approved (if necessary): 9. Executive signed: 10. Original to Council: "II Date: Date: Date: Date: Date: Oki 1 16i tLi Date: Date: q-zz -fq Date: Date: Date: io Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT DLR Group Professional Design Services for Conditional Use Permitting, Whatcom County Jail DLR Grg= hereinafter called Designer, and Whatcom County, hereinafter referred to as County (hereinafter also referred to as Owner), agree and contract as set forth in this Agreement, including: General Conditions, pp _3 to 21, Exhibit A (Scope of Work), pp. 22 to 25, Exhibit B (Compensation), pp. 26 & 27 Exhibit C (Schedule), pp. 28 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 following the issuance of a notice to proceed, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 day of, December, 2015. The general purpose or objective of this Agreement is to provide full design services for the Conditional Use Permit (CUP) for Essential Public Facilities (EPF) permitting process 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 Designer is to perform all necessary design services for the Project as set forth in the Agreement between Owner and Designer. Designer, through itself and its Design Consultants, has agreed to provide such architectural, engineering, civil, structural and other services required by this Agreement and the other Contract Documents ("Services"). Designer acknowledges and by signing this contract agrees that the Insurance provisions contained in this Agreement, and Indemnification provisions set forth in Paragraphs 11.1, and provisions 21.1, 30.1, 32.1, 34.2, 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 2014. DESIGNER: DLR Group, Inc. WILLIAM J. VALDEZ, VICE PRESIDENT STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this day of . 2014, before me personally appeared WILLIAM J. VALDEZ to me known to be the Principal of DLR GROUP and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page I v 1.0 47 WHATCOM COUNTY: Approved as to form: By: 23,2o4 Prosecuti qAttorlqy 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 DESIGNER INFORMATION: DLR Group Address: DLR Group 51 University Street, Suite 600 Seattle WA 98101 Contact Name: Bill Valdez Contact Phone: (206) 461-6000 Contact FAX: (206) 461-6049 Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 2 v 1.0 48 GENERAL CONDITIONS Series 00-09r Provisions Related to Scope and Nature of Services 1.1.1 Scope of Services: The Designer agrees to provide to the County professional 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. The intent of the drawings and specifications is to include all items necessary for the proper execution and completion of the project: Included in the base fees are Professional Services through schematic design inclusive of the Conditional Use Permit for Essential Public Facilities permitting process only. 1.2.1 Terms used in this Agreement shall have the meanings set forth unless otherwise provided herein, with the following specific terms defined as follows: .1 Additional Services refers to those services identified in Section 2.8 hereof. .2 Agreement refers to this executed contract between Owner and Designer. .3 Construction Phase Services refers to those services identified in Section 2.7 hereof. .4 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. .5 Design Consultant is a qualified, licensed design professional who is not an employee of Designer, but is retained by Designer, or employed or retained by anyone under contract with Designer, to furnish design services required under the Contract Documents. .6 Design Phase Services refers to those services set forth in Sections 2.5 and 2.6 hereof. .7 Design Schedule refers to the schedule setting forth the dates by which Designer must perform the various Services required herein, consistent with the Project Schedule. .8 Designer's Fee shall refer to the compensation due Designer for the performance of the Services as set forth herein. .9 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements. .10 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi -government entity having jurisdiction over the Project or Site, or any Services. .11 Owner's Project Criteria are developed by or for Owner to describe Owner's program, requirements and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements. Owner's Project Criteria may include conceptual documents, design criteria, performance requirements and other Project -specific technical materials and requirements. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 3 v 1.0 0. .12 Project Schedule refers to the schedule setting forth the dates by which the various stages of both the design and construction of the Project must be performed so as to satisfy Designer's obligations to Owner. .13 Site is the land or premises on which the Project is located. .14 Bases of Design the intent is to provide a complete specification & drawing package. The intent of the complete package is to include all necessary items for the proper execution and completion of work; however, any item or detail not specifically mentioned in the specifications or shown on the drawings, but which is necessary to produce the intended results shall be included. .15 Designer is any person or entity retained by Owner as an independent Designer to perform a portion of the construction work for the Project and shall include materialmen and suppliers. 16 Sub -Consultant is any person or entity retained by a Designer as an independent Designer to perform any portion of the Designer's work and shall include materialmen and suppliers. 17 Substantial Completion is the date on which the Project, or an agreed upon portion of the Project, is sufficiently complete so that Owner can occupy and use the Project or a portion thereof for its intended purposes. .18 Services shall include all Design Phase Services, Construction Phase Services and Additional Services required by the Contract Documents or as may be authorized in writing by Owner. 1.3 Contract Documents 1.3.1 The Contract Documents, in addition to this Agreement, are comprised of the following: .1 All written modifications, amendments and change orders to this Agreement; .2 This Agreement, including all exhibits and attachments, executed by Owner and Designer; .3 Written Supplementary Conditions, if any, executed by Owner and Designer; .4 The design Schedule; 1.4.1 The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, this Agreement shall take precedence. 2.1.1 Designer shall, consistent with applicable state licensing laws, provide the Services, including architectural, engineering and other design professional services, as described in this Agreement and in accordance with the Contract Documents. Designer agrees that such Services shall be provided through qualified, licensed design professionals who are either (i) employed by Designer or (ii) procured by Designer from qualified, licensed Design Consultants. 2.1.2 Designer shall not engage the services of any Design Consultant without first obtaining the approval of Owner, which approval shall not be unreasonably withheld. Designer agrees that each Design Consultant shall be fully bound to Designer in the same manner as Designer is bound to Owner for all the requirements of the Contract Documents to the extent applicable to the Design Consultant's scope of services. Designer Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 4 v 1.0 50 shall at all times be responsible for the services performed by its Design Consultants, and shall coordinate the services of its Design Consultants to satisfy Designer's obligations under the Contract Documents. Nothing in this Agreement shall relieve Designer from responsibility for the services performed by its Design Consultants, or create any legal or contractual relationship between Owner and any Design Consultant. 2.1.3 If Owner or Owner Representative performs other work on the Project with separate design professionals under Owner's or Owner's Representative control, Designer agrees to reasonably cooperate and coordinate its activities with those of such separate design professionals so that the Project can be completed in an orderly and coordinated manner and without disruption. 2.1.4 Designer shall only communicate with Owner, Consultant(s), or Sub -Consultants through Owner unless the parties agree otherwise. 2.1.5 Within seven (7) days after execution of this Agreement, Owner and Designer will meet to discuss issues affecting the administration of the Services and to implement the necessary procedures, including but not limited to those relating to the schedule for the Services, schedule updates, review of submittals, and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents and allow Designer to meet its obligations to design the Project consistent with the Contract Documents, without compromising any professional obligations of Designer. 2.2 Standard of Care 2.2.1 The standard of care for all design professional services performed by Designer and its Design Consultants pursuant to this Agreement shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project for projects of similar size and complexity. Notwithstanding the preceding sentence, if the Agreement specifically identifies performance standards for the Services, Designer agrees that all such Services shall be performed to achieve such standards. 2.3 Legal Requirements 2.3.1 Designer agrees to perform the Services in accordance with all applicable Legal Requirements. 2.3.2 Designer's Fee and/or the Design Schedule shall be adjusted to compensate Designer for the effects, if any, of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Services. Such effects may include, without limitation, revisions Designer is required to make to the Construction Documents because of changes in Legal Requirements. 2.4.1 Designer agrees that the Key Personnel assigned to perform the Services shall be as listed in paragraph 2.4.2 below. Designer shall not change such personnel without prior written approval by the Owner. 2.4.2 Key Personnel. The following individuals/positions are considered KEY PERSONNEL. Principal - Project Architect - Draftsperson - Clerical - 2.5.2 Designer shall provide reasonable assistance to Owner in obtaining any permits, approvals, and licenses which are not Designer's obligation to obtain, but which are required for the construction of the Project. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 5 v 1.0 51 2.5.3 Designer shall make any revisions to the Construction Documents reasonably necessary to secure permits, approvals, and licenses, including those which have been denied for failure of the Construction Documents to meet Legal Requirements. If such revisions are necessary for reasons beyond the control of Designer or its Design Consultants, Designer shall be compensated for such revisions as a change to this Agreement. 2.6 Design Services 2.6.1 In accordance with the times set forth in the Design Schedule, Designer shall submit to Owner all interim design submissions and revisions required. Such design submissions shall be in the form and quantity called for in the Contract Documents and may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Owner and Designer agree that prior to the scheduled date for submitting all design submissions to Owner, Owner's Representative and Designer will hold meetings for the purpose of discussing and monitoring the design for consistency with the requirements of the Contract Documents, as well as Owner's pricing and other assumptions. 2.6.2 In accordance with the Contract Documents and the times set forth in the Design Schedule, Designer shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Project. The Construction Documents shall be consistent with the latest set of interim design submissions; as such submissions may have been modified in a design review meeting. Designer shall provide the Construction Documents in the form and quantity called for in the Contract Documents; actual costs for the printing of these submission documents shall be paid for out of the reimbursable cost set forth in Exhibit "A", if available. Designer shall perform agreed upon revisions and submit revised Construction Documents to Owner for Owner's approval. 2.6.3 Designer shall attend and participate in such meetings as are held between Owner and Designer to discuss interim design submissions and the Construction Documents. If requested, Designer shall identify during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings will be maintained by Owner and provided to all attendees for review. 2.6.4 In addition to the interim design submissions and the Construction Documents, Designer shall, if requested by Owner, prepare interim design submissions and Construction Documents the parties agree are required to permit commencement of construction on a portion of the Project before the entire Construction Documents for the Project are completed. 2.6.5 Owner's approvals of interim design submissions and the Construction Documents are for the purpose of mutually establishing a conformed set of Construction Documents compatible with the requirements of the Contract Documents. 2.6.6 Designer will, at its own cost, revise any interim design submission or the Construction Documents to correct any of its errors, mistakes or omissions. Designer shall also design to a Fixed Design Budget and, at its own cost, make such revisions as are required to achieve such budget, Any and all such revisions required of this paragraph shall be performed timely and so as not to jeopardize the Design Schedule and/or the Project Schedule. The expense of such revisions shall not be charged against the 5% contingency established in section 12.10.2 2.7 Construction Phase Services 2.7.1 Designer shall assist Owner in preparing bidding documents for specified portions of the Project's construction, and clarifying and responding to questions involving the bidding documents. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 6 v 1.0 52 2.7.2 Designer shall timely provide requested clarifications and interpretations of the Construction Documents (often referred to as "RFI's"), which shall be consistent with the intent of, and reasonably inferable from, the Contract Documents. Designer shall make all revisions to the Construction Documents necessary for the proper construction of the Project. Such revisions will be accomplished at the Designer's expense if and to the extent necessitated by an ambiguity, error or omission of the Designer; all other revisions will be an Additional Service. Reponses to RFI's, for whatever reason required shall be timely and shall not cause delays to the approved critical path schedule for the project. 2.7.3 Designer shall review and approve such submittals, including shop drawings, product data and samples, as may be required by the Design -Build Agreement or as reasonably required by the Owner. Such review shall be accomplished in accordance with the project schedule within the times for such review provided in the critical path schedule submitted by the Contractor and approved by the owner. The time within which Designer shall review and respond to submittals under will be discussed at the meeting provided in Section 2.1.5, but shall be finally established upon the approval of critical path for the construction of the project. Designer shall expeditiously inform Owner of any revisions that are necessary as a condition to Designer's approval of submittals. Designer's review and approval shall not relieve Contractor of responsibility for construction means and methods, or safety precautions. Except for performance based specification submittals, designer's approval will not apply to a change from the design shown in the Construction Documents unless the change is expressly noted as a change to the Construction Documents by clouding in the submittal. 2.7.4 Designer shall review, and if acceptable approve, any substitutions for materials or equipment proposed by Owner. 2.7.5 Designer shall, if requested by Owner, review any inspection reports or tests involving the construction of the Project and provide its comments to Owner. Designer is not responsible for the accuracy or completeness of the tests or inspections. 2.7.6 Designer shall at appropriate intervals visit the Site to determine in general if the construction is proceeding in accordance with the Construction Documents. Designer shall promptly notify Owner of any defects, deficiencies, deviations, omissions, or violations observed by Designer in the construction of the Project, and make recommendations to Owner on how to proceed. Designer and Designer's consultants shall visit the Site an average of once per month during the period of construction, or more as necessary to perform their professional duties under this Agreement. 2.7.7 Designer shall attend meetings with Owner, Contractors, and Consultants to discuss design issues which may arise during construction. 2.7.8 Designer shall provide such certifications as maybe necessary relative to Substantial Completion. 2.7.9 Designer's provision of the Construction Phase Services shall not be construed to make Designer responsible for (i) the acts or omissions of Contractor, or any Sub -Contractors, (ii) the means, methods, sequences, and techniques of construction of the Project or (iii) safety precautions and programs in connection with the construction of the Project. Nothing in this Agreement shall create any duties to or legal or contractual relationship between Designer or any Contractor or Subcontractor. If the Owner authorizes deviations from the documents prepared by the Designer or its Consultants without written agreement of the Designer, the Owner shall indemnify, defend and hold harmless the Designer, its Consultants and their respective agents and employees from and against claims, damages, losses and expenses, arising out of or resulting from such deviations. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 7 v 1.0 53 2.8 Additional Services 2.8.1 Additional Services, if any, agreed upon by the parties shall be compensated as set forth in Exhibit A or in an amendment to this Agreement. Additional Services are those services not specifically described as part of Services in this Agreement. Additional Services include, without limitation, making revisions to documents due to adjustments in the program, project budget, enactment of revisions to codes subsequent to the preparation of such documents and providing services required due to significant changes in the Project including, but not limited to: size, quality, complexity, construction cost, schedule or method of bidding or negotiation and contracting for construction. Additional Services will not include necessary modifications or corrections that were missed or miscalculated by the Designer. Timely Reviews, Approvals and Submittals 3.1.1 Owner shall provide timely reviews and approvals of all interim design submissions and the Construction Documents consistent with the turnaround times set forth in the Design Schedule and the Design -Build Agreement, or as agreed to by the parties at the meeting required under Section 2.1.5 hereof. 3.1.2 Owner shall, in the contract for construction, require Contractor to submit timely to Designer all submittals, including shop drawings, product data and samples, for Designer's review and approval consistent with the Project Schedule. Timely submittal means in accordance with the times noted in the submittal schedule included in the project critical path schedule for the project; (Standard two weeks for most submittals with a portion of the submittals required to be processed quicker) times to be agreed upon between Designer, Contractor and Owner when appropriate. Designer will provide a schedule of items to be submitted by Owner for Designer's review. 3.1.3 Owner shall provide timely notice to Designer of any delays to the Project caused by Designer. 3.1.4 Owner shall provide the following information and materials to Designer, unless otherwise agreed. .1 Surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines; .2 Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site; .3 Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project and enable Designer to perform the Services; .4 A legal description of the Site; .5 As -built and record drawings of any existing structures at the Site; .6 Environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site; .7 Owner's Project Criteria; .8 Test and inspection reports. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 8 v 1.0 54 3.4.1 If Designer's performance of the Services are delayed for any reason so as to impact the Design Schedule or the Project Schedule, Designer shall promptly notify Owner in writing of the cause(s) of such delay within sufficient time to permit Owner to provide timely notice to Contractors or Consultants. To the extent the delay is due to any negligent act, error or omission on the part of Designer, Design Consultants, or anyone for whom they are responsible, Designer shall compensate and indemnify Owner for all costs, damages, and expenses arising from such delay. If the delay is caused by Owner or others for whom Owner is responsible, the Designer's Fee and the Design Schedule shall be adjusted to compensate Designer for the effects, if any, of the delay. If the delay is caused by Owner or other causes, the Designer's Fee and the Design Schedule shall be adjusted to compensate Designer for the effects, if any, of the delay if and only to the extent Owner secures such compensation and time from the Owner. Section Numbers 3.4.2 through 6.1.0 are purposely omitted from this contract. 6.1.1 Designer's Fee shall be the compensation due Designer for the performance of the Services, including all Design Phase Services, Construction Phase Services, and Additional Services, and for Reimbursable Costs, all as set forth in this Agreement. Unless otherwise provided in the Contract Documents, the Designer's Fee is deemed to include all sales, use, consumer and other taxes mandated by applicable Legal Requirements. 6.1.2 Designer will be compensated for the Design Phase Services, Construction Phase Services, Additional Services, if any, and Reimbursable Costs as set forth in Exhibit A. 6.2 Applications for Payment 6.2.1 Beginning with the first month after the Date of Commencement, Designer shall submit on a monthly basis for Owner's review and approval, Designer's certified Application for Payment requesting payment for all Services performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by Section 2.1.5 hereof. Once approved, Owner will submit Designer's Application for Payment to Owner with Design- Builder's next application. 6.2.2 The Application for Payment shall constitute Designer's representation that (i) the Services have been performed consistent with the Contract Documents, (ii) the Services have progressed to the point indicated in the Application for Payment, (iii) Design Consultants have been paid all amounts previously received by Designer on account of their services, and (iv) there are no claims, obligations or liens outstanding or unsatisfied for labor, services, taxes, or other items performed, furnished, or incurred for or in connection with the Services. 6.2.3 Owner shall make payment on Designer's properly submitted and accurate Application for Payment within thirty (30) days after Owner's receipt of payment from Owner on account of Designer's monthly Application for Payment At the time Designer submits its final Application for Payment to Owner, Designer shall provide (i) all deliverables required by the Contract Documents; (ii) an affidavit that there are no claims, obligations or liens outstanding or unsatisfied for or in connection with the Services which will in any way affect Owner's or Owner's interests; (iii) a general release executed by Designer waiving, upon receipt of final payment by Designer, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; and (iv) certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. Owner shall make payment on Designer's properly submitted and accurate final Application for Payment within thirty (30) days after Owner's receipt of final payment from Owner on account of Designer's final Application for Payment, provided also that Designer has satisfied the requirements for final payment set forth herein. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 9 v 1.0 55 8.2.1 Designer designates the individual listed below as its Senior Representative ("Designer's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes: Name: William Valdez Title: Vice President, Principal Address: 51 University Street, Suite 600 Seattle WA 98101 Telephone: (206) 461-6000 9 Designer's Insurance Requirements 9.1.1 Prior to starting the Work, Designer shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property (including loss of use) and loss or damage resulting from professional errors and omissions, which may arise out of operations by Designer or by any Design Consultants or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below, any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law. 9.1.2 Designer shall procure and maintain the following minimum insurance coverages and limits of liability and provide proof of coverage by a Certificate of Insurance and endorsements and specifically name this County Project under the coverage: Workers' Compensation Employer's Liability $1,000,000 each $1,000,000 disease $1,000,000 disease Commercial General Liability $2,000,000 each $2,000,000 Comprehensive Automobile Liability $2,000,000 each Professional Errors and Omissions $2,000,000 each $2,000,000 annual Statutory Limits accident policy limit each employee occurrence aggregate (applicable on a per project basis) accident claim aggregate Commercial General Liability insurance required under this paragraph shall be written on an occurrence form (ISO Form CG 00 01 or equivalent) and, shall include coverage for Products/Completed Operations extending six (6) years after final acceptance of the Project by Owner or such longer period as the Contract Documents may require, Provided however that such coverage beyond three (3) years after final acceptance is available at a commercially reasonable price. Owner agrees to compensate Designer for any added costs beyond commercially reasonable prices for the additional three (3) year period provided that Designer provides full and complete information about its insurance program costs and quotations., Broad Form Property Damage including Completed Operations, Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket Contractual Liability insurance applicable to Designer's defense and indemnity obligations under Article 10, and other contractual indemnities assumed by Designer under the Contract Documents. Commercial General Liability insurance shall include "stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 10 v 1.0 56 fund if Employer's liability coverage is not available. Comprehensive Automobile Liability insurance required under this paragraph shall include coverage for all owned, hired and non -owned automobiles. Workers' Compensation coverage shall include a waiver of subrogation against Owner and Owner. If the required Professional Errors and Omissions insurance is written on a claims made basis, the retroactive date shall be prior to the start of Designer's Work. If insurances are commercially available to obtain, Designer agrees to maintain such coverage for 6 years after final acceptance of the Project by the Owner or such longer period as the Contract Documents may require. Renewal policies during this period shall maintain the same retroactive date. 9.1.3 Employer's Liability, Commercial General Liability and Comprehensive Automobile Liability insurance may be arranged under single policies for full minimum limits required, or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability policy. The general aggregate on the Commercial General Liability coverage shall apply on a project specific basis. 9.1.4 Designer shall endorse its Commercial General Liability (including products/completed operations coverage): and Comprehensive Automobile Liability and Umbrella/Excess Liability policies to add Owner, and such other parties as Owner is required under the Contract Documents to name the County, officials, employees and agents as additional insureds on Designer's insurance, as "additional insureds" with respect to liability arising out of (a) operations performed for Owner or Owner's Representative by or for Designer, (b) acts or omissions of Owner or Owner's Representative in connection with their general supervision of operations by or for Designer, (c) Designer's use of Owner's tools and equipment, and (d) claims for bodily injury or death brought against Owner or Owner's Representative by Designer's employees or the employees of Designer's consultants of any tier, however caused, related to the performance of Services under this Agreement. Such insurance afforded to Owner, Owner, and others as additional insureds under Designer's policies shall be primary insurance and not excess over, and Owner's insurance shall be non-contributory. Designer's insurance waives all rights of subrogation. 9.1.5 Designer shall require its Design Consultants to procure and maintain, from insurance companies authorized to do business in the state in which the Project is located, the insurance coverages set forth in this Article. 9.1.7 Designer shall maintain in effect all insurance coverages required under this Article, or by the other Contract Documents, at Designer's sole expense and with insurance carriers licensed to do business in the State in which the Project is located and having a current A.M. Best rating of no less than A-, unless another A.M. Best rating is specifically accepted by Owner in writing. Deductibles or Self Insured Retention on any policies furnished for this project shall not be more than $100,000 for each claim. 9.1.8 Prior to commencing any services hereunder, Designer shall provide Owner with Certificates and Endorsements evidencing that (i) all insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect for the duration required by the Contract Documents and (ii) no insurance coverage will be canceled. Owner shall have the right to examine any policy required under this Agreement Copies of the complete insurance policies to be provided under this agreement shall be provided to Owner within seven (7)of the signing of this contract, which includes requests made by email. 9.1.9 All insurance policies shall contain a provision that coverages and limits afforded thereunder shall not be canceled, materially changed, non -renewed, or restrictive modifications added, without thirty (30) days prior written notice to Owner. Certificates of Insurance and Endorsements shall be filed with Owner prior to start of Designer's Work. Renewal Certificates and Endorsements shall be provided to Owner not less than ten (10) days prior to the expiration date of any of the required policies. All Certificates of Insurance and Endorsements shall be in a form acceptable to Owner and shall provide satisfactory evidence that Contract for Services Agreement Page 11 DLR Group - Design Services Conditional Use Permitting v 1.0 57 Designer has complied with all insurance requirements. Owner shall not be obligated to review such certificates or other evidence of insurance, or to advise Designer of any deficiencies in such documents, and receipt thereof shall not relieve Designer from, nor be deemed a waiver of Owner's right to enforce, the terms of Designer's obligations hereunder. 9.1.10 The required minimum limits of insurance indicated above shall not in any way restrict or diminish Designer's liability under this Agreement. Owner's right to recover under insurance provided under this article shall not be limited by other portions of the agreement that limit the liability of any party to the proportion of its relative fault for the purpose of indemnification for certain types of claims. 9.2 Waiver of Subrogation: Designer and Designer's insurance waives all rights of subrogation. 9.2.1 Designer and Owner waive against each other and Design Consultants, Owner's separate Designers, Consultants, Sub -Consultants, agents and employees of each and all of them, all damages covered by Builder's Risk insurance, except such rights as they may have to the proceeds of such insurance. Owner and Designer shall, where appropriate, require similar waivers of subrogation from Design Consultants and Consultants and shall require each of them to include similar waivers in their contracts. 10.1 Patent and Copyright Infringement 10.1.1. Designer shall defend any action or proceeding brought against Owner or Owner's Representative based on any claim that the Project, or any part thereof, or the operation or use of the Project or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Designer of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Designer shall indemnify and hold harmless Owner and Owner from and against all damages and costs, including but not limited to attorneys' fees and expenses awarded against Owner or Owner's Representative in any such action or proceeding. Designer agrees to keep Owner informed of all developments in the defense of such actions. 10.1.2 If Owner is enjoined from the operation or use of the Project, or any part thereof, as the result of any such patent or copyright suit, claim, or proceeding, Designer shall at its sole expense take reasonable steps to procure the Owner's right to operate or use the Project, or applicable part thereof. If Designer cannot so procure such right within a reasonable time, Designer shall promptly, at Designer's option and at Designer's expense, (i) modify the Project, or applicable part thereof, so as to avoid infringement of any patents, or copyrights, or (ii) replace said work with work that does not infringe or violate any such patent or copyright, and is consistent with the Contract Documents. 10.1.3 Sections 10.1.1 and 10.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner or Owner's Representative and not offered or recommended by Designer to Owner or Owner's Representative; or (ii) arising from modifications to the Project by Owner or Owner's Representative after acceptance of the Project. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Owner shall defend, indemnify and hold harmless Designer to the same extent Designer is obligated to defend, indemnify and hold harmless Owner in Section 10.1 . I above. 10.1.4 The obligations set forth in this Section 10.1 shall constitute the sole agreement between the parties relating to liability for infringement or violation of any patent or Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 12 v 1.0 58 11.1 Designer's General Indemnification Responsibilities 11.2.1 Indemnification by Designer. To the fullest extent permitted by law, the Designer agrees to indemnify, defend and hold the County and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property which 1) are caused in whole or in part by the negligent act or omission, of the Designer its employees, agents or volunteers or Designer's subcontractors or consultants and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this Agreement; or 3) are based upon the Designer or its subcontractors' or consultants' use of, presence upon or proximity to the property of the County. In the event of the concurrent negligence of the Designer, its subcontractors, consultants', employees or agents, and the County, its employees or agents, this indemnification obligation of the Owner shall be valid and enforceable only to the extent of the negligence of the Designer, its subcontractors, consultants', employees and agents. If Whatcom County is required to resort to litigation or arbitration to enforce Designer's Indemnification and Defense obligations it shall be entitled to recover its reasonable costs of establishing its right to indemnity including but not limited to all costs, expenses, arbitration filing fees, arbitrator's fees, and attorney fees. This indemnification obligation of the Designer shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the Designer hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the Designer are a material inducement to County to enter into this Agreement, are reflected in the Designer's compensation, and have been mutually negotiated by the parties. DLR Group Whatcom County Participation by County - No Waiver. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of Designer's indemnity obligations under this Agreement. Survival of Designer's Indemnity Obligations. The Designer agrees all Designer's indemnity obligations shall survive the completion, expiration or termination of this Agreement. Indemnity by Subcontractors. In the event the Designer enters into subcontracts to the extent allowed under this Agreement, the Designer's subcontractors shall indemnify the County on a basis equal to or exceeding' Designer's indemnity obligations to the County and subcontractors shall provide proof of Insurance verifying this condition. 11.2.2 If an employee of Designer, anyone employed directly or indirectly by Designer or anyone for whose acts any of them may be liable has a claim against any party indemnified pursuant to Section 11.2.1 above, Designer's indemnity obligation set forth in Section 11.2.1 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Designer, or other entity under any employee benefit acts, including workers' compensation or disability acts. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 13 v 1.0 M 11.2.3 Designer agrees to procure, maintain and pay for such general liability insurance coverage and endorsements as will insure the provisions for this paragraph. 11.6 Duty to Continue Performance 11.6.1 Unless provided to the contrary in the Contract Documents, Designer shall continue to perform the Services and Owner shall continue to satisfy its payment obligations to Designer, pending the final resolution of any dispute or disagreement between Owner and Designer. 11.7 Owner Design and Construction Contingency. Owner shall establish a contingency amount equal to -Three Per Cent (3%) of the construction contract amount between Owner and Contractor for the project. This contingency shall be part of the contract sum between Owner and Contractor. This contingency may be expended, at the sole discretion of Owner, on (1) Unknown or changed conditions, (2) design clarifications or modifications, (3) Contractor claims, including correction of work because of design errors, ambiguities, omissions. (4) changes required because of Requests for Information (RFI's). (5) cost overruns in construction. Provided that such contingency shall not be used by reason of any correction or amendment of Designer - Created documents for the project as part of the design or bidding process, but rather only after the owner has executed a Construction agreement with the Contractor. 12.1 Assignment 12.1.1 Neither Designer nor Owner shall, without the written consent of the other, assign, transfer or sublet any portion or part of the Services or the obligations required by the Contract Documents. 12.2 Successorship 12.2.1 Owner and Designer intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns. 12.3 Governing Law, Venue 12.3.1 This Agreement and all Contract Documents shall be governed by the laws of the State of Washington. 12.3.2 The Venue of any action in court or of any alternative disputes procedures, including, but not limited to arbitration proceedings, if any shall be in Whatcom County, Washington. 12.4 Severability 12.4.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements or court order, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 12.5.1 The failure of either Owner or Designer to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 14 v 1.0 60 12.6 Headings 12.6.1 The headings used in this Agreement or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 12.7 Notice 12.7.1 Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in this Agreement or (iii) if transmitted by facsimile, by the time stated in a machine generated confirmation that notice was received at the number of the intended recipient. 12.8 Amendments 12.8.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each party. 12.9 Survival 12.9.1 Designer's obligations under this Agreement shall not be released, and shall specifically survive, the completion of all Services hereunder, final payment to Designer, and the termination of this Agreement for any reason. 12.10 No Release of Information for Advertising and Promotion 12.10.1 Designer shall not publish, release, disclose or announce to any member of the public, press, official body or any other third party any information concerning this Agreement, or any part thereof, without the prior written consent of Owner and/or Owner, except as required by law. Neither the names of Owner or Owner's Representative, nor of the site, shall be used in any advertising or other promotional context by Designer without the prior written consent of Owner and/or Owner's Representative. 2 Design Contingency. It is understood and agreed that the nature of the design process is such that plans, specifications and other documentation prepared by or related services performed by Designer under this agreement will contain errors, omissions, conflicts, ambiguities or design uncertainties requiring clarifications, corrections or modification. Accordingly, the Owner agrees to establish a design contingency equal to 2% of the cost of the work in addition to the construction contingency provided in section11.7. Such design contingency shall be utilized for the cost attributed to errors, omissions, conflicts, ambiguities or design uncertainties, excluding any improvements or betterments costs implemented by the Owner. Costs incurred by the Owner, excluding any improvements or betterment cost, in excess of this design contingency shall be the responsibility of Designer, but only to the extent caused by the Designer and its SubConsultants, negligent acts, errors, or omissions in the performance of services under this agreement. Any cost over the 2% contingency for negligent errors, omissions, conflicts, ambiguities or design uncertainties requiring clarifications, corrections or modification will be paid by Designer. 12.11.1 Termination for Default: If the Designer 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 Designer in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 15 v 1.0 61 elsewhere. Termination shall be effective upon Designer'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 Designer 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 Designer. The Designer 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. 12.11.2 Termination for Reduction in Funding: Not Applicable 12.11.3 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 Designer shall be entitled to payment for actual work acceptably performed for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, and shall be based upon the Designer's provable costs directly allocable this contract, 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. If any termination for cause is determined by any forum to have been wrongful, in that case it shall be converted to a termination for Public Convenience and Designer shall be compensated under the terms of this Section. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Designer Services: Payment to the Designer 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 Designer for any costs or expenses incurred by the Designer in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Designer, 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 Designer understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Designer authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Designer 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 Designer to make the necessary estimated tax payments throughout the year, if any, and the Designer is solely liable for any tax obligation arising from the Designer's performance of this Agreement. The Designer hereby agrees to indemnify the County against any demand to pay taxes arising from the Designer's failure to pay taxes on compensation earned pursuant to this Agreement. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 16 v 1.0 62 The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Designer must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Designer'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 Designer 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 Designer 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 Designer to termination or damages, provided that the County promptly gives notice in writing to the Designer 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 Designer 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 Designer 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 Designer, (3) to set off any amount so paid or incurred from amounts due or to become due the Designer. In the event the Designer obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Designer by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Designer agrees to comply with state and federal requirements, as applicable, 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 Designer: The Designer's services shall be furnished by the Designer as an independent Designer, 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 Designer as an independent Designer. The Designer acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Designer 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 Designer represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 17 v 1.0 63 Designer 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 Designer. 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. 31.1 Ownership of Items Produced: When the Designer creates any copyrightable materials or invents any patentable property, the Designer 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. Designer further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 32.1 Confidentiality: The Designer, its employees, SubConsultants, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Designer 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. Designer shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Designer 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 Designer'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 Designer 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. Designer 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 Designer, then the Designer agrees to notify the Administrative Officer as soon as it is practical. 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 Designer 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 Designer. This waiver is mutually negotiated by the parties to this agreement. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 18 v 1.0 64 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 Designer 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 Designer is governed by such laws, the Designer shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Designer 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 Consultant, provided that the foregoing provision shall not apply to contracts or Consultants 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, Designer 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 Designer 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 Designer 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 Designer 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 Designer 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. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 19 v 1.0 AR The Administrative Officer for purposes of this agreement is: Michael Russell, Facilities Manager Whatcom County Facilities Management 316 Lottie Street Bellingham, WA 98225 (360) 676-6746 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 Designer to the County's Administrative Officer under this Agreement. Notice to the Designer for all purposes under this Agreement shall be given to the address provided by the Designer herein above in the "Designer Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Designer 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: consultant a. General: All disputes or differences between the Designer and the County, arising under or related to this agreement or any additional services, 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. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 20 1.0 66 b. Notice of Potential Claims: The Designer 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 Designer 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 Designer 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. Designer 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 Designer 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 Designer 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 and all claims, 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 then current American Arbitration Association (AAA) Construction Industry rules in effect on the date hereof, as modified by this Agreement. The parties may elect to provide for administration of the arbitration by other than the AAA. 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 Washington State 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, if provided by statute 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 the Superior Court for the State of Washington, in Whatcom County. 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 or be considered a condition precedent to 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. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 21 v 1.0 67 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 DLR Group — Design Services Conditional Use Permitting Page 22 v 1.0 68 EXHIBIT A SCOPE OF WORK The scope of services for the requested authorized modifications is for the portion of professional services through schematic design inclusive of the CUP for EPF permitting process only. It is anticipated that once the project is funded following a successful August 2015 funding election that the balance of professional services will be authorized. Based on the CUP for EPF application checklist and the permitting meeting (May 22, 2014) with the City of Ferndale the following is the understanding of the scope of work: 1. Schematic Design Process and Stakeholder Meetings to a level of effort (Roughly 60% Schematic Design) that allows for the development of a singular design concept and solution. Scope of the Schematic Design Services is outlined in the following section. 2. This portion of the Schematic Design Process results in the following permit applications that will be completed and submitted to the authorities having jurisdiction (AHJ) by A/E with the assistance of Whatcom County: a. Master Application b. CUP for EPF c. Eagle Compliance Check List (As stipulated in the CUP for EPF) d. Encroachment Permit Application e. Planning Application f. Shoreline Management Application g. Site Plan Application h. Civil Plan Applications i. Sanitary Sewer Application - Ferndale ii. Storm Sewer Application - Ferndale iii. Water Application - Ferndale iv. Wetland Mitigation - Ferndale & USACE 3. Stakeholder meetings, executive team meetings, design team meetings, Council presentations and public meetings as needed as a course of the schematic design process and permit applications stated above. 4. Schematic Design Cost Estimates of MACC (Maximum Allowed Construction Cost) and Whole Project Cost of the singular design solution to confirm the project tis on Budget S. Development of Project Schedule inclusive of public funding process 6. Provide public outreach and support including schematic design graphics, coordination with public outreach committee, and attend pubic presentations. 7. Traffic Consultant 8. Site Survey 9. Geotechnical Engineering - Infiltration & Groundwater Testing, Preload Requirements, Soil Bearing Properties. 10. Geotechnical Engineering - Geothermal Conductivity Analysis. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 22 v 1.0 69 Schematic Design Services In the Schematic Design Phase, the Architect/Engineer (A/E) provides those services necessary to prepare Schematic Design Documents consisting of drawings and other documents illustrating the general scope, scale, and relationship of project components for approval by the agency. Design should be conceptual in character, based on the requirements developed during the Predesign Phase, approved by the agency, or program requirements provided by the agency and reviewed and agreed upon by the A/E. Schematic Design includes the following: Project Administration Services consisting of schematic design administrative functions including consultation, meetings and correspondence, and progress design review conferences. Disciplines Coordination Coordination between the architectural work and engineering work and other involved consultants for the project. When specialty consultants are used, additional coordination beyond basic services may be required and negotiated for appropriate phases of the work. Document Checking Review and coordination of project documents Consulting Permitting Authority Consultations, research of critical applicable regulations, preparation of written and graphic explanatory materials. The services apply to applicable laws, statutes, regulations and codes. Data Coordination User Agency Review and coordination of data furnished for the project by the agency Architectural Design Services responding to scope of work (program /predesign) requirements and consisting of preparation of conceptual site and building plans, schematic sections and elevations, preliminary selection of buildings systems and materials, development of approximate dimensions, areas and volumes. Structural Design Services consisting of recommendations regarding basic structural material and systems, analysis, and development of conceptual design solutions. Mechanical Design Services consisting of consideration for alternate materials, systems and equipment, and development of conceptual design solutions for energy sources/conservation, heating, ventilating and air conditioning (HVAC), plumbing, fire protection, and general space requirements. Electrical Design Services consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analysis, and development of conceptual design solutions for power service and distribution, lighting, communication raceways, fire detection and alarms, and general space requirements. Civil/Site Design Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 23 v 1.0 70 Services consisting of site planning including layout of site features, building position, preliminary grading, location of paving for walkways, driveways and parking, and fencing locations. Also included are the normal connections required to service the building such as water, drainage, and sanitary systems, if applicable. Civil and Site Development • All permit applications will be prepared by the Design Team. The OWNER will develop the actual permit application and required reports and pay all permit processing fees. This is inclusive of the Conditional Use Permit for Essential Public Facility siting process, and City Planning permit. • Identify local stormwater control agency, document restrictions as they pertain to the proposed project, define permitting requirements; identify any local public work standards as they pertain to roads, stormwater, sewer etc.; any local restriction regarding dust control, demolition, construction traffic/noise, excess earthwork disposal, any existing floodplain restrictions, etc. • Civil Engineers will confirm adequacy of topographical and boundary mapping provided by surveyors. A/E team will evaluate legal, ownership, permitting and zoning constraints. Identify environmentally sensitive areas such as wetlands, flood plains, known hazardous waste areas, etc. • Develop and validate site layout. This will include activities such as: (1) determine structure size, locations, and orientation; (2) layout roadways/truck access corridors and define maneuvering requirements (design vehicle); (3) size and locate parking lots for employees and visitors to the facility; (4) determine emergency vehicle access requirements. (5) evaluate flood plain impacts and constraints; (6) local stormwater management facilities (GSI and LID) (7) locate utility, piping, and duct bank (electrical, communications, and fiber) corridors (horizontal and vertical). • Civil Engineers will coordinate with surveyors; define surveyors' scope of work; coordinate with geotechnical engineers on additional boring locations; record boring locations on site drawings. • Develop preliminary erosion control plan for project. Determine if erosion control ponds are required; locate ponds on site plan drawings as required. Prepare preliminary storm water calculations suitable for submission to local site permitting authorities. Develop preliminary store water control concepts (swales, curb and gutter). Meet with local storm water and erosion and sediment control agency to determine permitting requirements for site plans, and impact of requirements on preparation of contract documents. Document findings. • Set preliminary finished floor levels for new structures. Establish preliminary finished grades; overall major surfaces, road profiles, etc. Iterate preliminary surfaces and structures to optimize earthwork if necessary. • Perform preliminary sizing calcula5tions • Prepare a list of required technical specification. • Perform ongoing design coordination with other design disciplines. • Perform quantity take -offs of civil elements for inclusion in the schematic design cost estimate. • Review and revise LEED and EAGLE checklist. • Review concepts and draft work products with and seek approval from quality control reviewer. Offsite Civil Schematic Design Develop preliminary erosion control plan for offsite work Develop LaBounty Road frontage improvements, channelization, and paving sections Perform ongoing design coordination with other design disciplines. Contract for Services Agreement DLR Group — Design Services Conditional Use Permitting Page 24 v 1.0 71 • Perform quantity take -offs of civil elements for inclusion in the schematic design cost estimate • Review concepts and draft work products with and seek approval from quality control reviewer. • Wetland Mitigation and Remediation. Provide mitigation and planning and design services to compensate for up to 3 acres of unavoidable impact sot wetlands. Design Field Surveying: • Design Field Surveying, Topographic Surveys, Property Boundary and Right of Way Surveys, Offsite Survey Support, Basemap and Design Plan Production. Cost Estimating Services consisting of development of a probably construction cost from quantity surveys and unit costs of building elements for the project. Costs shall reflect the level of design elements presented in the Schematic Design documents, plus appropriate design contingencies to encompass unidentified scope ultimately included in the program. Assist user agency with analyzing scope, schedule, and budget options to stay within the MACC. Presentations Service consisting of appropriate presentation(s) of the CUP for EPF documents by the A/E to agency representatives. Materials Research Services consisting of identification of potential of architectural materials, systems, and equipment as required by the CUP for EPF application process. Scheduling Services consisting of reviewing and updating previously established project schedules or initial development of schedules for decision -making, design and documentation. Public Outreach Provide public outreach and support on an as needed hourly not to exceed basis. Scope of services will accommodate approximately 500 man hours to public outreach expertise and support services. • Assistance in developing a coordinated message and developing graphics to support the message. Graphics include images of existing facilities that illustrate intent of the Whatcom County Jail, and rendering of the facility on a site. • Perform 3rd party community polling of the community issues • Anticipate attending 2 Council meetings as part of the development of the community outreach process • Anticipate attending 6 public outreach steering committee meetings as part of the development of the community outreach process. • Supporting the public outreach steering committee in developing materials for presentations and mailers. • Participate as a technical resource to the County for presentations to support organizations and public information meetings as part of the communication plan. Contract for Services Agreement DLR Group - Design Services Conditional Use Permitting Page 25 v 1.0 72 EXHIBIT B (COMPENSATION) As consideration for the services provided pursuant to Exhibit A, Scope of work allowable expenses, the county agrees to compensate the Designer according to the fee schedule provided. 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 where services were provided. 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. Other expenditures such as printing, postage and telephone charges shall be reimbursed at actual cost plus 10%. 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 Designer's expense. The Contract Number, set forth, shall be included on all billings or correspondence in connection therewith. The Consultant may bill the County progressively not more than once per month (30 days). Progressive billings will be for the amount of work complete. SD Phase - CUP for EFP ONLY Remaining DS to PC Phase if approved) 1 Space Pro rammin and Pre -Design Services (Completed) $0 $0 2 Design Project Administration & Project Management Fee $33,595 $397,097 3 Architectural Design Fee $134,376 $1,588,388 4 Structural Engineering Design Fee $53,750 $635,355 5 Mechanical Engineering Design Fee $80,625 $953,033 6 Electrical Engineering Design Fee $33,594 $397,097 7 "Engineers" Cost Estimating Services for EPF Process Included N/A_ 8 Cost Estimating Services (SD, DD& CD Phases) includes VE & Bid Assistance $0 $119,000 9 Life Cycle Analysis $0 $40,000 10 On Site CA Phase Representation (Basic Services includes Bi- monthly. Addition Services would result in weekly N/A $93,600 11 Renderings & Models Included Included 12 Interiors, Furnishings, FF&E, U.S. Communities Program (Design & Purchasing Schedule Only) $0 $276,000 13 Detention & Courts Electronic Systems & Security Design $4,000 $456,000 14 Kitchen & Laundry Consulting Design Services $0 $49,400 15 Participation in Commissioning, Program Managed by Others $0 $80,000 16 LEED Certification Documentation Process $10,000 $90,000 17 Civic Engineering Consultant; Wetlands, On -Site & Partial Off -Site CUP for EPF includes Task 2, 3, & 7.1, 7.2, & 7.3 $136,707 $534,950 18 Landscape, Hardsca e, Community Integration Consultant $61,510 $323,071 19 Traffic Consulting $7,500 $0 20 Civil Engineering Consultant; Site Survey - Task 8 $43,142 $0 21 Geotechnical Engineering - Infiltration & groundwater testing, Preload Requirements, Soil Bearing Properties $77,185 $0 22 Geotechnical Engineering - Geothermal Conductivity Analysis $35,313 $0 Subtotal Professional LumpSum Services $711,297 $6,032,990 23 Reimbursable Costs, Design Printing, Mailing. Note: Bid set printing is b Owner $28,452 $241,320 Contract for Services Agreement DLR Group - Design Services Conditional Use Permitting Page 26 v 1.0 73 24 1 Public Outreach - As Needed Hourly, Not to Exceed F $86,138 $0 Services by Others, not included in DLR Group contract scope unless esignated to continued : 25 Independent Commissioning Agent Owner's consultant 26 LEED Certification Fee Owner project cost 27 Interior Furnishings, FF&E, U.S. Communities Program (Purchasing & Installation by Owner 28 Testing and Balancing Owner project cost 29 Hazardous Materials Study & Abatement Owner project cost 30 Preload Monitoring Owner project cost 31 Materials Testing Owner project cost) 32 Roofing Consultant Owner project cost Grand Total Design Services - This Contract $8E,887 $6,274,310 Contract for Services Agreement DLR Group - Design Services Conditional Use Permitting Page 27 v 1.0 74 7 8 9 10 I 12 13 25 Name hatcorn County Jail PHASE 1 -CUP for EPF Siting & Funding NTP Information Gathering EPF Kick Off Meeting EPF Development EPF Design Meeting #1 EPF Document Development EPF Design Meeting #2 EPF Document Preparation EPF Process Pre -Application Intake Meeting EPF Final Document Preparation EPF Public Process EPF Application Intake Meeting EPF Application Initial Review & Distribution EPF Public Meeting EPF Departmental Review EPF Planning Department Meeting EPF Staff Recommendation Preparation EPF Final Decision - City Council Public Funding Authorization Ballot Measure Prep Ballot Measure Mailers/Presentation August 4, 2015 Primary PHASE 2 - Schematic Design NTP Information Gathering Schematic Kick Off Meeting Schematic Development Schematic Meeting #3 Schematic Design Development Schematic Design Submittal Meeting #4 Complete SD Cost Estimate & Owner Review and Comment Schematic Design Review Meeting #5 with Executive Committee Revision & Finalization PRESENTATION: Whatcom County Council Schematic Design Final Submittal PHASE 3 - Design Development PHASE 4 - Construction Documents Permit Application Process PHASE 5 - Bidding Phase PHASE 6 - Construction Phase Occupancy 1182 days Mon 9/22/14 Tue 412119 226 days. Mon 9122114 Tue 814/15 0 days Mon 9/22/14 Mon 9/22114 9 days Mon 9122/14 Thu 10/2/143 0 days Thu 10/2/14 Thu 10/2/144 20 days Fri 10/3/14 Thu 10/30/14 5 0 days Thu 10/30/14 Thu 10/30/146 25 days Fri 10/31/14 Thu 1214/14 7 0 days Thu 12/4/14 Thu 12/4/148 10 days Fri 12/5/14 Thu 12/18/149 0 days Thu 12/18/14 Thu 12/18/1410 20 days Fri 12/19/14 Thu 1/15/1511 55 days Thu 1115115 Thu 412115 0 days Thu 1115/15 Thu 1/15/1512 15 days Fri 1116/15 Thu 2/5/15 14 0 days Thu 215/15 Thu 215/15 15 30 days Fri 2/6/15 Thu 3/19115 16 0 days Thu 3/19/15 Thu 3/19115 17 10 days Fri 3120115 Thu 4/2/15 18 0 days Thu 4/2/15 Thu 412/15 19 120 days Tue 2117/15 Tue 814/15 80 days Tue 2/17115 Tue 6/9115 23SF 40 days Tue 6/9/15 Tue 8/4/15 24FF 0 days Tue 8/4/15 Tue 8/4/15 85 days Wed 816115 Tue 1211/15 0 days Wed 815115 Wed 8/5/15 24 10 days Wed 815/15 Tue 8/t 8/1526 0 days Tue 8/18/15 Tue 8118/1527 20 days Wed 8119/15 Tue 9/15/1528 0 days Tue 9/15115 Tue 9115/15 29 20 days Wed 9/16/15 Tue 10/13/15 30 0 days Tue 10/13/15 Tue 10/13115 31 15 days Wed 10/14/15 Tue 11/3/1532 0 days Tue 11/3/15 Tue 11/3/1533 10 days Wed 1114/15 Tue 11/17/1534 0 days Tue 11/17/15 Tue 11117/1535 10 days Wed 11/18/15 Tue 12/1/1536 100 days Tue 1211115 Tue 4119116 130 days Tue 4119116 Tue 10118116 145 days Tue 4/26116 Tue 11115/16 60 days Wed 11/16116 Tue 2/711771 520 days Tue 217117 Tue 215119 40 days Wed 2/6/19 Tue 4/2/1981 t i Oct r Nov [ Dec '. Jan Feb .Mar I .Apr i May 1 Jun [ Jui�� j Aug. 412 Task y+,,t„�'�r"s�;;;?^v"u.,3 Project Summary tV"`` " -""^* "~~ti'{; Inactive Milestone Manual Summary Rollup Progress Project Whatcom County Jail Split External Tasks P' " �""^ „�a�x:'�r�?3�<''%%?n>4s�r� Inactive Summary �..- � Manual Summary Split Date: Fri 8122/14 Milestone ® External MileTask 1 Manual Task W ' Start -only C Summary Inactive Task _.... Duration -only ,.� „�. ,..,� Finish -only 3 Printed: Fri 8/22114 Page 1 of 1 DLR Group 75 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2014-301 CLEARANCES Initial at Date Received in Council Of ace Agenda Date Assigned to: originator: (_7 09116114 Intro 09130114 Finance Division Head Committee; J A , ' A �UA1 / i k "'J 0V t U %,J Ll o'l i t 0 t_ JN 0 H, Council Dept. Head: krL Prosecutor Purchasing/Budget: Executive: Z6� TITLE OF DOCe 4 Supplemental Budget Request #15 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: S VMHA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCWor WCC as appropriate. Be clear in explaining the intent of the action) Supplemental #15 requests funding from the General Fund. 1. To appropriate $26, 000 in Council to fund Watershed Improvement district elections. 2. To appropriate $5,000 in the Sheriffs Office to fund vehicle tow charges. 3. To appropriate $45,500 in Non -Departmental to fund What -Comm E911 grant pass -through Jail Fund: 4. To appropriate $80,300 in Jail to fund additional psychiatric medications. 5. To appropriate $9 7, 000 in Jail to fund additional non psychiatric medications. 6. To appropriate $15, 000 in Jail to fund additional electronic home detention costs. Mental Health/ Chemical Dependency fund. 7. To appropriate $80,300 to fund Jail psychiatric medications. COMMITTEE ACTION.• COUNCIL ACTION. 9/16/2014: Introduced 7-0, Proposed Finance Committee and Council for 9/30/14 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 76 SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DATE: 09/16/14 ORDINANCE NO. AMENDMENT NO. 15 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 following additional amounts to the 2014 budget included therein: Fund Expenditures Revenues Net Effect General Fund Council 26,000 (26,000) - Sheriff 5,000 (5,000) - Non Departmental 45,500 (45,500) - Total General Fund 76,500 (76,500) - Jail Fund 192,300 (95,300) 97,000 Mental Health / Chemical Dependency Fund 80,300 - 80,300 Total Supplemental 349,100 (171,800) 177,300 ADOPTED this day of , 2014. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROYIED AS TO FOR Civil Deputy Pro ecutor Carl Weimer, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2014_Suppl\Supplementa1 #15-2014.doc 77 WHATCOM COUNTY Summary of the 2014 Supplemental Budget Ordinance No. 15 Net Effect to Increased (Increased) Fund Balance (Decreased) Decreased (Increase) Department/Fund Description Expenditure Revenue Decrease General Fund Council To fund Watershed Improvement district elections. 26,000 (26,000) - Sheriff To fund vehicle tow charges. 5,000 5,000 - Non Departmental To fund What -Comm E911 grant pass - through, 45,500 (45,500) - Total General Fund 76,500 (76,500) Jail Fund Jail To fund additional psychiatric medications. 80,300 80,300 - Jail To fund additional non psychiatric medications. 97,000 - 97,000, Jail To fund additional electronic home detention costs. 15,000 (15,000) - Total Jail Fund 192,300 (96,300) 97,000 Mental Health / Chemical Dependency Fund To fund Jail psychiatric medications. 80,300 80,300 Total Supplemental 349,100 (171,800) 177,300 We CLERK OF THE COUNCIL Dana brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 (360) 676-6690 August 21, 2014 /pCM C A I, < �9SylNG�0 COUNCILMEMBERS Barbara Brenner Rud Browne Barry Buchanan Sam Crawford Pete Kremen Ken Mann Carl Weimer WHATCOM COUNTY COUNCIL _ _ , V E D �T AU 2 a 2G4 MEMORANDUM JACK LOUW COUNTY ti V TO: Jack Louws, County Executive FROM: Dana Brown -Davis, Clerk of the Council SUBJ: Supplemental Budget Request On July 23, 2014, the Whatcom County Council Office received petitions to form four new irrigation districts in Whatcom County (to be known as watershed improvement districts). Under State law, the County Council is charged with conducting the proposed irrigation district elections and carrying out all mandated requirements to ensure that landowners within the proposed districts have a vote in the election for their area. Attached is a supplemental budget request in the amount of $26,000 to cover expenses associated with conducting an election for each of the following proposed districts: Drayton Watershed Improvement District, Laurel Watershed Improvement District, South Lynden Watershed Improvement District, Sumas Watershed Improvement District. All costs will be reimbursed by the district proponents once the elections are complete. Please contact me if you have questions. Thank you. W Supplemental Budget Request Status: Pending Council ,,ipp'10 4 1904 Fund 1 Cost Center 1100 Originator. Dana Brown -Davis Expenditure Type: One -Time Year 2 2014 Add'I FTE iJ Add'I Space ❑ Priority 1 Name of Request: Conduct Watershed Improvement District Elections X Department Head Signature (Required on Hard Copy Submission) Date Costs; Object Object Description Amount Requested 4341.4510 Elections ($26,000) 7190 Other Miscellaneous $26,000 Request Total $0 1a. Description of request. On July 23, 2014, the Whatcom County Council Office received petitions to form four new irrigation districts in Whatcom County (to be know as watershed improvement districts). Per Chapter 87.03 RCW the Council Office is responsible for conducting the elections that will decide if the new districts shall be formed. Funds requested will cover all costs associated with preparing for and conducting the four watershed improvement district elections. 1b. Primary customers: The proponents of the four districts. Owners of property within the proposed district boundaries. 2. Problem to be solved: We do not have funds available in our current budget to cover costs associated with conducting the four proposed watershed improvement district elections. The requested funds will allow us to pay for copies, postage, legal notice publication, extra help, etc. All costs will be reimbursed by the district proponents once the elections are complete. 3a. Options /Advantages: This is our only option. We do not have funds in our budget to cover costs associated with conducting the four proposed watershed improvement district elections. 3b. Cost savings: N/A 4a. Outcomes: The four proposed watershed improvement district elections will be conducted in accordance with state law and the outcome of each election will be announced by the end of 2014. 4b. Measures: Ballots will be canvassed and election results will be announced. 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: General fund. All expenses incurred will be reimbursed by the proponents of the four watershed improvement districts 80 Thursday, September 04, 2014 Rpt: Rpt Suppl Regular Supplemental Budget Request Status: Pending Council suppy icy # 1901 Fund 1 Cost Center 1100 Originator: Dana Brown -Davis from funds currently held in a Whatcom County Treasurer's suspense fund. Thursday, September 04, 2014 Rpt: Rpt Suppl Regular 81 WHATCOM COUNTY SHERIFFS OF',= BILL ELF'O SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY COOLEir CHIEF INSPECTOR WENDYJONES CHIEF OF CORRECTIONS MemorandumVED TO: Jack Louws, County Ex%�e SEP 0 9 20M FROM: Sheriff Bill Elfo 1 JACK LO?. / d� OU ,Fb V DATE: September 2, 2014 SUBJECT: Supplemental Budget ID# 1905 Vehicle Tow Charges and Registered Owner (RO) Reimbursements The attached Supplemental Budget requests increases in revenue and expenditure line items to provide adequate budget authority for an accounting change required by Administrative Services Finance. Background and Purpose The Sheriff's Office routinely impounds vehicles for evidence and various enforcement actions. The Sheriff's Office pays the tow charges and often requires reimbursement before releasing the vehicles to the registered owners. These reimbursements were historically deposited as refunds of expenditure. Administrative Services Finance advised that effective 01/01/13, these reimbursements no longer qualify as refunds of expenditure and must be deposited as revenue. This supplemental budget is needed to increase revenue and expenditure accounts for the required change. The increase in expenditures will be directly off -set by an increase in revenue. Funding Amount and Source Approximately $5,000.00 is paid annually by the Sheriff's Office for tow bills with corresponding reimbursements from vehicle owners. Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions. Thank you. OUT Visic Phe Office of Sheriff: Dedicated to making Whatcom_ County the ,Safest in the State through Excellence in Public Safety. Supplemental Budget Request Status: Pending Sheriff Administration Supp7 lu # 1905 Fund 1 Cost Center 2920 Originator. Dawn Pierce Expenditure Type: One -Time Year 2 2014 Add'1 FTE ❑ Add'1 Space ❑ Priority 1 Name of Request: V~e Tow Charges and Reimbursements - 2014 4 �J Depart LeadSiqLnature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4369.9001 Miscellaneous Revenues ($5,000) 6610 Contractual Services $5,000 Request Total $0 1 a. Description of request. An increase in revenue and expenditure line items is needed to provide adequate budget authority for an accounting change required by Administrative Services Finance. 1b. Primary customers: 2. Problem to be solved. The. Sheriffs Office routinely impounds vehicles for evidence and various enforcement actions. The Sheriffs Office pays the tow charges and often requires reimbursement before releasing the vehicles to the registered owners. These reimbursements were historically deposited as refunds of expenditure. Administrative Service Finance advised that effective 01/01/13, these reimbursements no longer qualify as refunds of expenditure and must be deposited as revenue. Therefore, increases in both revenue and expenditure accounts is needed for the required change. 3a. Options / Advantages: 3b. Cost savings: 4a. Outcomes: Reimbursements from vehicle owners for tow charges will be reported as revenue. 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: Approximately $5,000.00 in reimbursements is received annually from vehicle owners. Tuesday, September 02, 2014 Rpt: Rpt Suppl Regular 83 WFIATCOM COUNTY AcoM EXECUTIVE'S OFFICE 3sP ��A County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 �SNINGR� TJJ V1 0 "Iwk AM To: Whatcom County Executive Jack Louws and Whatcom County Council Members From: Suzanne Mildner, Grant Coordinator Jack L®uws County Executive Subject: Supplemental Budget Request for E911 funding (Pass through Grant to What -Comm) Date: September 2, 2014 The County is in the process of entering into a subrecipient agreement with the City of Bellingham to facilitate a pass -through grant from The Washington State Military Department. The grant funding is for FY2014-15 Emergency 911 operational expenses for What -Comm Communications. The grant contract period is July 2014 through August 2015, for a total of $45,500. The execution of the Subrecipient Agreement will be contingent upon your approval of this budget authority. Accordingly, we are requesting approval for supplemental funding in the amount of $45,500 to support 911 operations at What -Comm Communications. 84 Office (360) 676-6717 FAX (360) 676-6775 TRS: 711 Supplemental Budget Request Status: Pending Executive supp7 :0 4 1906 Fund 1 Cost Center 4275 Originator. Suzanne Mildner Expenditure Type: One -Time Year 2 2014 Add'i FTE D Add'll Space !J Priority 1 Name of Request: What -Comm E911 Operations 2014-15 1 Department Head Signa re (Required Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4334.0182 State Enhanced 911 Funds ($45,500) 7220 Intergov Subsidies $45,500 Request Total $0 1 a. Description of request. This is a continuation of a state -funded (pass -through) grant from the Washington State Military Department to reimburse What -Comm Communications Center for eligible E911 operating expenditures under WAC 118-66-050 (eligible professional development and operational expenses). 1b. Primary customers: City of Bellingham, What -Comm Communications 2. Problem to be solved. What -Comm is able to access this State Military Department funding only by way of passing through the local county government (by subrecipient agreement). 3a. Options /Advantages: The intergovernmental (subrecipient) grant agreement is the only way in which to access this fund source. The acceptance of these grant funds ultimately reduces the cost to the community for 911 services. 3b. Cost savings: N/A 4a. Outcomes: 911 services cost reductions for our community due to state subsidies 4b. Measures: 5a. Other Departments/Agencies: City of Bellingham, What -Comm Communications 5b. Name the person in charge of implementation and what they are responsible for. Lt. William Slodysko, What -Comm Deputy Director 6. Funding Source: Washington State Military Department Tuesday, September 02, 2014 Rpt: Rpt Suppl Regular 85 VIKkFCOM COUNTY BILL ELF'® SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 JEEFF P (S UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR V=Y,JONES CHIEF OF CORRECTIONS WHATCOM COUNTY SHERIFF'S OFFICE MEMORANDUM DATE: 08/19/2014: Amended 09/04/14 TO: Jack Louws, Whatcom County Executive Council Members, Whatcom County Council FROM: Sheriff Bill Elfo / �qq RE: Supplemental Budget Request #1903 Psychiatric Medication Funding Please allow this memo to serve as a request for approval of the accompanying Budget Supplemental Request. This request is for sufficient funding to pay for psychiatric medications deemed medically necessary for offenders housed at the Whatcom County Jail and Work Center. When the 2014 budget was created, we had seen a reduction in medication costs due to a small decrease in the inmate population and a change in the way we obtained medications to a mail order pharmacy. The pharmacy change resulted in a significant reduction in our medication costs, and that was used as the basis for estimating the 2014 expenditure amounts. In the 2 years since the creation of our budget, we have seen an increase in the number of offenders incarcerated and, more importantly, an increase in acutely ill offenders. This has resulted in a higher than anticipated medication cost. Chief Wendy Jones is overseeing this process and will be happy to answer any question you may have. Thank you. Our -Vision: The Office of Sheriff: Dedicated to making iiVhatcorn County the Safest in the State through Excellence in Public Safety. Supplemental Budget Request status: Pending Jail Supp't its # 1903 Fund 118 Cost Center 118161 Originator: Wendy Jones Expenditure Type: One -Time Year 1 2013 Add'1 FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Medications Psychiatric X j�;j_t (/l �`blla 4�4 Department Head Signature (Required on Hard Copy Submission) Date d Costs: Object Object Description Amount Requested 6320.001 Office & Op Supplies $80,300 8301.124 Operating Transfer In ($80,300) Request Total $0 la. Description of request. This Supplemental budget request is to increase the available funding for medications used to treat mental illness for inmates in the Whatcom County Jail and Work Center. 1 b. Primary customers: Inmates in the Whatcom County Jail and Work Center with mental illness. 2. Problem to be solved: Medication costs for the treatment of mental illness have increased significantly and unexpectedly in 2014. The funding originally allocated for these medications in the 2014 budget is insufficient to meet the need. A review of medication invoices indicates this increase is a combination of a higher number of inmates, a higher number of inmates with serious mental health issues and the utilization of some newer psychiatric medications with a small number of inmates who have not responded to some of the other medications traditionally used by the jail. The jail is able to access funding for Psychiatric medications from the Behavioral Health Sales Tax fund to reimburse the Jail Sales Tax fund since many of the inmates receiving these medications are continuing or re -starting treatment they were receiving in the community. 3a. Options /Advantages: We are currently reviewing the list of medications used at the jail. We always use generic medications when they are available, and will use older medications that have a history of being effective for specific illnesses versus the latest and greatest.. In addition, all inmate medications are packaged using a blister pack system and our pharmacy provides credits for all medications in un-popped packaging that are returned. We are working with the State Pharmacy Board to see if it is possible to take advantage of programs made available by pharmaceutical companies for newer, very expensive medications that are more effective than some older medications. At this time, this inquiry is in process. 3b. Cost savings: N/A 4a. Outcomes: There will be sufficient funding available to cover the costs of psychiatric medications. 4b. Measures: Budget status sheets are monitored on a monthly basis and compared to funds still available. In addition, all medication invoices are reviewed for accuracy by the jail's medical billing clerk. 5a. Other Departments/Agencies: We work with the Health Department to transfer the funds to pay for psychiatric medications. There will Thursday, September 04, 2014 Rpt: Rpt Suppl Regular 87 Supplemental Budget Request Status: Pending Jail supp'11D # 1903 Fund 118 Cost Center 118161 Originator. Wendy Jones be no added workload. 5b. Name the person in charge of implementation and what they are responsible for: Anne Deacon is the Human Services Manager. She has been made aware of the increased need. 6. Funding Source: Both the Jail Sales Tax Fund and the Behavioral Health Fund. Thursday, September 04, 2014 Rpt: Rpt Suppl Regular 88 BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 JEFF PARKS UNDERSHERIFF ARTEDGE CHIEF DEPUTY CHIEF DEPUTY STEVE COOLED CHIEF INSPECTOR 'W . Y JO S CHIEF OF CORRECTIONS WHATCOM COUNTY SHERIFF'S OFFICE MEMORANDUM DATE: 08/19/14: Amended 09/04/14 TO: Jack Louws, Whatcom County Executive Council Members, Whatcom County Council FROM: Sheriff Bill Elfo RE: Supplemental Budget Request #1902 Medication Funding Please allow this memo to serve as a request for approval of the accompanying budget supplemental. This request is for sufficient funding to pay for medications deemed medically necessary for offenders housed at the Whatcom County Jail and Work Center. When the 2014 budget was created, we had seen a reduction in medication costs due to a small decrease in the inmate population and a change in our pharmacy to a mail order system. The pharmacy change resulted in a significant reduction in our medication costs, and that was used as the basis for estimating the 2014 expenditures. In the 2 years since the creation of our budget, we have seen an increase in the number of offenders incarcerated, and, more importantly, an increase in acutely ill offenders. This has resulted in a higher than anticipated medication cost. Chief Wendy Jones is overseeing this process and will be happy to answer any question you may have. Thank you. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in £-'ublic Safety. Supplemental Budget Request Status: Pending Jail Supp'10 # 1902 Fund 118 Cost Center 118160 Originator: Wendy Jones Expenditure Type: One -Time Year 2 2014 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Medications main medical X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested —_ - — , 6320.001 Office & Op Supplies $97,000 Request Total la. Description of request: $97,000 This Supplemental budget request is to increase spending authority to cover the costs of general medications for jail inmates. 1b. Primary customers: Inmates at the Whatcom County Jail and Work Center 2. Problem to be solved: Medication costs for both general medical conditions have increased significantly and unexpectedly in 2014. The funding originally allocated for these medications in the 2014 budget is insufficient to meet the need. A review of medication invoices indicates this increase is a combination of a higher number of inmates and a higher number of inmates with serious health issues 3a. Options /Advantages: We are currently reviewing the list of medications used at the jail. We always use generic medications when they are available, and will use older medications that have a history of being effective for specific illnesses versus the latest and greatest.. In addition, all inmate medications are packaged using a blister pack system and our pharmacy provides credits for all medications in un-popped packaging that are returned. We are working with the State Pharmacy Board to see if it is possible to take advantage of programs made available by pharmaceutical companies for newer, very expensive medications that are more effective than some older medications. At this time, this inquiry is in process. 3b. Cost savings: N/A 4a. Outcomes: There will be sufficient funds available to purchase medications to treat serious medical conditions. 4b. Measures: Budget status sheets are monitored on a monthly basis and compared to funds still available. In addition, all medication invoices are reviewed for accuracy by the jail's medical billing clerk. 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 will come directly from the Jail Sales Tax fund . Thursday, September 04, 2014 Rpt: Rpt Suppl Regular 90 V,PHATCOM COUNTY SHERIFF'S 0,'�PIFJCE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 JE' PAM UNDERSHERIFF ARTEDGE CHIEF DEPUTY DOUG G W. CK CHIEF DEPUTY S= GOOLEY CHIEFINSPECTOR VVENDY JOKES CHIEF OF CORRECTIONS WHATCOM COUNTY SHERIFF'S ffftftIVED MEMORANDUM DATE: 7/18/2014 TO: Jack Louws, Whatcom County Executive Council Members, Whatcom County Council FROM: Sheriff Bill Elfo RE: Supplemental Budget Request #1891 EHD equipment Please allow this memo to serve as a request for approval of the accompanying budget supplemental. This request will provide spending authority to rent Electronic Home Detention (EHD) equipment from our vendor, WASPC (Washington Association of Sheriffs and Police Chiefs). When the 2014 budget was created, the EHD program was experiencing declining enrollment, due in large part to the economy. The estimated expenditures for the program were based on that decline. In 2014, we are seeing a slow, but steady, increase in the number of offenders who are eligible to participate in this Jail Alternative program. This increase, plus a recent decision by the State Auditor's office that WASPC and contracting agencies had mistakenly failed to collect sales tax on EHD services is leaving the Corrections Bureau with an estimated shortage in our 2014 budget for these services. Due to the increase in offender participation, revenues have also increased, and it is anticipated that the increased revenues will more than cover the cost of this supplemental. Chief Wendy Jones is overseeing this process and will be happy to answer any, question you may have. Thank you. Our, Vision: The Office of Sheriff: Dedicated to nuking Whatcom County- the Safest in the .State through Excellence in Rbllic Safety. Supplemental Budget Request status: Pending Jail supp9 ID ft 1891 Fund 118 Cost Center 118145 Originator: Wendy Jones ... _.--._......_.-.. . Expenditure Type: One -Time Year 2 2014 Add'I FTE ❑ Add'I Space ❑ Priority Name of Request: EHD Equipment C Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description 4342.3350 Electronic Home Monitor 6630.902 Professional Services Request Total Amount Requested ($15,000) " $15,000 $0 la. Description of request: This supplemental request is for increased spending authority for Electronic Home Detention (EHD) equipment, used in the Sheriffs Office, Corrections Alternatives Programs. 1b. Primary customers: Directly, Offenders who are participating in the EHD program; indirectly members of the local criminal justice system, as they are able to consider EHD as an alternative to full incarceration for eligible offenders. 2. Problem to be solved: 2 issues have led to this request; 1) a higher than anticipated rate of participation in the EHD program and 2) a recent decision by the State Auditor's office that WASPC (Washington Association of Sheriffs and Police Chiefs), the entity from which we rent our EHD equipment, should have been charging sales tax on the rental of the equipment. As part of the settlement between WASPC and the State Department of Revenue, Whatcom County was invoiced for $8,160.96 to pay the owed sales tax amounts. Both of these factors have caused an increase in expenditures that were not anticipated at the time the 2014 budget was created. 3a. Options /Advantages: 2 options were considered: 1) Draw the additional funding from other parts of the jail budget. A review of the jail budget indicates that this would not be a prudent solution. The 2014 budget has already been stretched to accommodate some unanticipated expenditures including the County negotiated salary increases for Corrections Deputies, extended medical leaves for several personnel that have resulted in higher than normal overtime coverage, and some equipment issues in the main jail that needed to be handled. Given the nature of Corrections, it is critical that there are funds available to handle unanticipated issues which are time sensitive. 2) Divert individuals who would otherwise be eligible for EHD to full custody, once the current spending limit has been reached. Offenders who are placed on EHD are diverted to this program because they do represent a much lower risk to the community, have demonstrated that they will be able to operate successfully under the rules of the program and are willing to pay for the privilege of participating. To divert them into full custody increases the bed demand on our overcrowded system, places individuals who do not require the high level of security in our facilities, and reduces the revenues to the County to help off -set the costs of the Corrections Bureau. 3b. Cost savings: It will allow us to continue to divert eligible offenders to the EHD program at a cost of $27.00 a day per Friday, July 18, 2014 Rpt: Rpt Suppl Regular 92 Supplemental Budget Request Status: Pending Jail supp't ID # 1891 Fund 118 Cost Center 118145 Originator. Wendy Jones inmate, part or all of which is reimbursed to the County as a fee to the inmate for participation versus placing the offender in full custody at a cost of $78.00 per day per inmate, with no offender generated revenue as a cost off -set. 4a. Outcomes: There will be sufficient funds available to rent the number of units needed to continue the EHD program for the balance of 2014. 4b. Measures: The number of participants in the EHD program in constantly monitored and included in a monthly report of Jail Alternative Participation. Budget status sheets are reviewed on a monthly basis and will be used to continue to monitor expenditures for this program. 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: The Jail Sales Tax fund. At this time it is anticipated that the Revenues for this program, which to the Jail Sales Tax Fund, will be approximately $40,000 over the original budget estimates. This higher revenue will off -set the requested expenditure. The revenues are generated by program participation fees charged to the offenders participating in EHD. Friday, July 18, 2014 Rpt: Rpt Suppl Regular 93 Supplemental Budget Request Health Administration Status: Pending Fund 124 Cost Center 124100 Originator: M Caldwell/Anne Deacon Expenditure Type: One -Time Year 2 2014 Add'I FTE Add'I Space IL Priority 1 Name of Request: Trf to support additional Jail psych meds X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested .............. 8351.118 Operating Transfer Out $80,300 Request Total $80,300 la. Description of request: Transfer of funding to reimburse the Jail for additional psychiatric medications. See related Jail supplemental #1903. 1b. Primary customers: 2. Problem to be solved: 3a. Options t 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: Mental Health/Chemical Dependency Fund Balance Thursday, September 04, 2014 Rpt: Rpt Suppl Regular 94 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2014-253 CLEARANCES Initial Date Date Received in Council Office Age da Date Assigned to: Originator: Gary Stoyka 7/8/2014 ---,Council --9/5/2014 linance/Gatineil 9/30/2014 Public Works/ ommittee to be Division Head: Gary Stoyka h V/V '3 Dept. Head: Frank Abart 40/ Prosecutor: announced Dan Gibson W ia-r c o M COUNTY Purchasing/Budget: Brad Bennett A 14 0UNCIL Executive: Jack Louws TITLE OF DO CUAM-A. Resolution commencing the Coordinated Water System Plan update process. A TTA CHMENTS. 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 RCWor WCCas appropriate. Beclear 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 7/22/2014: Held in Committee for two weeks 7/22/2014: Held in Committee 8/5/2014: Approved and amended to move to Council 8/5/2014: Held proposed schedule 9/30 committee to be announced at a later date. Related County Contract #.- Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at., www.co.whatcom.wa.uslcouncil. &11 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 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 Resolution 1991-046, dated July 9, 1991, and Resolution 1991-075, 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 developed in 1993 but was not approved by the Washington Department of Health (DOH) due to concerns raised by Lummi Nation and unresolved litigation over Whatcom County's compliance with the state Growth Management Act; 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, in 2005 the Whatcom County Council approved the WRIA 1 Watershed Management Plan, Phase 1 which was developed pursuant to RCW 90.82; and WHEREAS, in October 2010 the WRIA 1 Joint Administrative Board adopted the 2010 Lower Nooksack Strategy, Objective 3 Task 3 of which called for a CWSP update "to be used as the basis for furthering the completion of a comprehensive water supply plan;" and WHEREAS, the CWSP 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 obsolete and others may be. 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: 1. Water demand forecasting consistent with the 2016 update of the County's Comprehensive Plan; 2. A review of minimum design standards for water systems including emergency interties and fire flow requirements; 3. A review of service are boundary designations and identification of contested service areas; 4. A review of the utility service review procedure; 5. A review of policies regarding satellite management agencies; 6. A review of water quality issues including, but not necessarily limited to, nitrate contamination issues; 7. Terms of the Lummi Peninsula groundwater settlement agreement; and 8. Incorporation of provisions of the state Municipal Water Law of 2003 including water use efficiency measures; and 9 _Coordination; ii3cludi-f+g-ideiat ficatioi:i-gal=and. pr-e-isi-&n--fir-specrflc-linkages,_ with-othei -water- re­souive­m­ana­g,eine,-clu Manageme duplie-atiei3-af e-ffert--acid-eonsisteney-ef-use-of-param-eter-,suc4f,, s-pE,T=capit-aorate--r-u-se-r-ate-s. BE IT FURTHER RESOLVED, that the boundaries of the Critical Water Supply Service Area shall remain unchanged; and 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 FURTHER RESOLVED, that input from the WRIA 1 Planning Unit will be sought at the outset of the update process and the Planning Unit will be provided an opportunity to comment on the final draft of the updated CWSP prior to submittal to the County Council; and BE IT FINALLY RESOLVED, that the Whatcom County Council shall select a councihnernber 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 Weisner, Council Chair APPROVED AS TO FORM: ,f . _1-1� 1,� � - /j, 6 �t Civil Deputy Prosecutor 97 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2014-267 CLEARANCES Initial Date PIte Received in Council 0 ice Agenda Date Assigned to: Originator: 7122114 Finance Gary Stoyka GSS 7/1/14 Division Head: 7122114 Council Gary Stoyka GSS 7/1/14 —1 (J L 11 201s M Dept Head: J/:go "1 8/5/14 Finance/ Frank Abart 1-7 MWCOM COUNTY Council Prosecutor: 9/30/14 Committee to Dan Gibson q" GO U N C I L, be announced Purchasing/Budget Brad Bennett: A& Executive: 7-/ Jack Louws TITLE OF DOC(Alf*. 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 RCWor WCCas appropriate. Beclear in explaining the intent of the action.) Professional services contract with RI-12 Engineering, Inc. to update the 2000 Whatcorn County Coordinated Water System Plan - Regional Supplement and facilitate meetings of the Water Utility Coordinating Committee. COMMITTEE ACTION.• COUNCIL ACTION. 7/22/2014: Held in Committee for two weeks 7/22/2014: Held in Committee 8/5/2014: Approved in Finance Committee, forwarded to 8/5/2014: Held in Council until September 30 Council for approval 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.uLlcouncil. WHATCOM COUNTY �G0 cQ Gary S. Stoyka G Natural Resources Program Manager PUBLIC WORKS DEPARTMENT rQ ti g s FRANK M. ABART 3 CIVIC CENTER ANNEX Director 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 Phone # (360) 676-6692 �SH� N��� Fax # (360) 676-6863 co TO: The Honorable Jack Louws, County Executive RECSED The Honorable Flood Control Zone District Board of Supervisors THROUGH: Frank M. Abart, DireJUL 10 2014 ctor r1 j�/ SACK LOUWS FROM: Gary S. Stoyka, Natural Resources Program Manager 6—'-'tOUNTYEXECUTIVE 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. we WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. �2®e' 000 Originating Department: Public Works Contract or Grant Administrator: Gary Stoyka Contractor's / Agency Name: RH2 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] hard copy printed 6. Attorney signoff: L. Gibson Date_07101114 _Daniel 7. Contractor signed: Date �?-,3'ly 8. Submitted to Exec Office Date -1 o `j' [summary via electronic; hardcopies] 9. Council approved (if necessary) Date 10. Executive signed: Date 11. Contractor Original Returned to dept; Date 12. County Original to Council Date 100 ( iG1 � 1 vvP ,G N( OF P,��� SWhatcom County Contract No. try 0� 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 {_; .,, 20 . CONTRACTOR: RH2 ENGINEERING, INC. Richard L. Ballard, Director (Type in Name & Title of Signatory) STATE OF WASHINGTON ) tf, ) ss. COUNTY OF Dn,')hc� i-yx d ) . On this 3 gg day of <Y Lk , 20 I', before me personally appeared r i < `r ,c= t j j �JSO ( yZ o me known to be the ti r 'eL-'Arp� (title) of ��� � ;� a a ��. (Company) and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC n and for the State of Washin n, residing at a -t h,:�i.);'A . My commission expires t I2-- 7 ANGELA T ELY VICONVAMN , 2017 101 0R1G1NAL_. ._PAGE NO .OF—) PAGES WHATCOM COUNTY: Reco ended or Approval: Department Director® Date Approved as to form: Prosecuting Aft 4� -1 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: ibucknell0rh2.com 102 ORIGINAL—LPAGE NO,--2 OF � 1 DACES 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. iml ORIGI AL_i PAGE NOa�. OI_ PL - ES 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. 104 0RIG=NAL.1..___PAGE N0_ _017 C%PAG, ES 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 "C" This insuranre shall he primary and noncontributory, and shall waive all rights of sohrogation The County insurance shall not serve as a source of contribution. a. Professional Liability - $1,000,000 per occurrence: If the professional liability insurance is a claims made policy, and should the contractor discontinue coverage either during the term of this contract or within three years of completion, the contractor agrees to purchase tail coverage for a minimum of three years from the completion date of this contract or any amendment to this contract. 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned .M ORIGINAL IMAGE NO OF52—�$ 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. 106 iC i( AL __ , GE Pv C?F J-)AGES 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment Suspension Ineli iq bility 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. 7 107 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. 1: 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. . e, AGES ORIGINAL,w _PAGE NO, .wrm�—_-, 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 8 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. 10 110 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 ill 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. 12 112 ' f is ii�t;�L t PAGE �J ci 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. 12A 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. 13 113 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. 14 114 O IGINAA PAGE NO OXO 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 ` "TataUU-0r.; 'lttal 7otalCos#. Flours E�iper�s Task 1 Update Glossary of Acronyms and Terms 1.1 Add to and update glossary, terms, and definitions# 1.2 Perform QA/QC review Subtotal 15 115 3 1 ORIGINAL 1_3�AG% NO a 0.r=' (°PA��JES 16 116 Task 9 Plan Implementation 9.1 Update to be consistent with other CWSP changes 4 7,9'." 9.2 Perform QA/QC review Subtotal Task 10 Executive Summary 10.1 Summarize the key elements of the CWSP ' . 23 $ , 4, ; 1 ` , 1D $ '—' .. 4 4A 10.2 Perform QA/QC review 25 Subtotal Task 11 Draft CWSP Completion and County Review 11.1 Develop a cover format for report $ 33,'8 . $ 44 11.2 Obtain SEPA checklist from County 11.3 Assemble full draft CWSP and provide 15` 1,b8'; 69 "1,72 electronically to WUCC 11.4 Meet with the WUCC to discuss the draft CWSP , 2, # E3'' $ 121 2,3,31 11.5 Prepare responses to comments and make 2fi 4r1Z revisions Subtotal 57 $A73 S. 559 S:ti32 17 117 t ORIGINAL _t_PAGE No - or—,)U PAGES Task 12 Final CWSP Binding and Submittal to WDOH 12.1 Prepare final report for adoption by Whatcom County 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 Subta#al;� TaskS 755 $ 114,858 $ 11,448 $ 126,316 $LtliOr'i 11/leilw'#!figicllttafion +i1i i�i1��C, 280 $ 40,680 $ 7,790 SHE TiTAI 1035 $ 155,538 $ 19,238 $174,76 18 118 � t £ s s Professional IX $209.00 Technician IV $13500 �.j Professional VIII $209.00 Technician III $127 00 Professional VII $201.00 Technician II $95 00 Technician I $90 00 Professional VI $186.00 z Professional V $177.00 Administrative V $126 00 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 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) 1 I" X 17" $0.20 CAD Plots Half Size $2 50 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 {i1T5ti.SRViS. Ch,tsrd�siet posts az ptrnnti fps, �+ rnap� � Y�ariagrap�tcs �a1�tr�`s, �a�stage and Hoar inrtea�n tae9attod tra �xpun�es-that taessaryr t eutanu c ire s3 arizi' ncai spectilt �tIr eiswtiie �t ile cctm#tt nienv9tc at oast . .'5nbcotastaitantsenzc�s ais��jiad at cYastpins t��1� r WE 119 �.Exhibit C RIGINA -i PAGE N0 ,A) 0FPAGES .4CORor CERTIFICATE OF LIABILITY'lim ' D/20/ /DD14 ) 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 COONNTACT Allen Fugitt CPCU PHONE (425) 898-8780 FAX (425)836-2865 A/C No nooRESS:Allen Fugitt@msn.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Hartford Casualty Ins. Co. 9424 INSURED RH2 ENGINEERING INC 22722 29TH DR SE STE 210 BOTHELL WA 98021 INSURER B :Sentinel Insurance Co . , Ltd 1000 INSURER C Continental Casualty Company INSURERD: INSURER E : INSURERF: 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 POLICY EXP MM/DD LIMITS A GENERAL LIABILITY XCOMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X. 2SBANM5475 rMIDD /16/2014 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES 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 I POLICY PRO LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO il SCHEDULED ALL OWNED N AUTOS AUTOS NON -OWNED X HIRED AUTOS AUTOS I 2UECHY3821 /16/2013 /16/2014 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) _$ $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Pe,..dent $ Medical payments $ 10,000 A UMBRELLA LIAR EXCESS LIAB N OCCUR CLAIMS -MADE x 52SBANM5475 /16/2013 /16/2014 EACH OCCURRENCE $ 2,000,000 X AGGREGATE $ 2,000,000 nFD I I RFTFNTInN.$ $ A 1"WW 0 3)6X �j[ EMPLOYERS' LIABILITY Y / NY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A 2SBANM5475 /16/2013 /16/2014 WC STATU- % OTH- LIMITS E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,00 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. VCKI Ir IVAIC r1VLUCK Whatcom County 322 North Commercial Street Suite 110 Bellingham, WA 98225 ACORD 25 (2010105) INS095 rgmnnm ni 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�� 120 01988-2010 ACORD CORPORATION. All rights reserved. Th. Arnpn nnmc o 4 1— am —mat—a mnrtra of of non WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2014-308 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Paula Cooper C rr 9/30/14 Finance, Councilas WCFCZDBS . .... 2 014 Division Head. - Gary Stoyka 1714, 146-jy Dept. Head. - Frank Abart 911 lal 20 H IT 0 M G 0 U N-1 Y %IHN fi - Prosecutor: 00, Daniel Gibson CIOUNCIL Purchasing/Budget: Brad Bennett Executive: TITLE OF D6r-'U-' T.: Joint Funding Agreement with United States Geological Survey ATTACHMENTS. Cover Memo 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 RCWor WCC as appropriate. Be clear in explaining the intent of the action.) The annual Joint Funding Agreement with the USGS funds the ongoing operation and maintenance of the County's six stream gages within the Nooksack River early flood warning system, a stream gage at the Nooksack River Everson Overflow, and a stream gage on Jones Creek in Acme, WA for early flood warning and flood response. 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. 121 WHATCOM COUNTY GOM co RECEWLYcator t PUBLIC WORKS DEPT. P� °A 322 North Commercial - ,< Suite 120 Bellingham, Washington 98225 0 SEP 19 2014 9Sh1 NG� MEMORANDUM JACK L®UW! COUNTY EXECUTIVE TO: The Honorable Jack Louws, Whatcom County Executive for the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Frank Abart, Public Works Director FROM: Gary Stoyka, Natural Resources Program Manager Paula J. Cooper, P.E., River and Flood Manager, RE: Joint Funding Agreement with United States Geological Survey DATE: September 16, 2014 Enclosed are two (2) originals of a Joint Funding Agreement between the Whatcom County Flood Control Zone District (FCZD) and the United States Geological Survey (USGS) for your review and signature. ■ Background and Purpose The FCZD has worked cooperatively with the USGS for a number of years to collect stream gaging data on a real-time basis for early flood warning and flood response. Financing of this program is provided on a cost -share basis through the USGS Cooperative Program. This Joint Funding Agreement covers the six early warning gages on the Nooksack River and its upper forks, the Jones Creek gage and the Everson overflow gage at Main Street. The Jones Creek gaging station was installed in 2009 to provide advance warning for the Acme Fire District (AFD) in responding to a debris flow event on Jones Creek. The Everson Overflow gaging station was installed in 2012 at in cooperation with the City of Abbottsford to help anticipate and plan for overflows at Everson during large flood events. ■ Funding Amount and Source The proposed Joint Funding Agreement is for a total amount of $91,410, of which $17,540 will be funded by the USGS. The FCZD fund will provide $66,440, the AcmeNanZandt Subzone will provide $3,580, and the City of Abbotsford reimburse $3,850 in accordance with the existing Interlocal Agreement for the Everson Overflow gaging station. Similar to last year, a portion of the USGS contribution is through its National Streamflow Information Program, which is not reflected in the Joint Funding Agreement (other than in Attachment A) as the agreement is only for Cooperative Water Program funding. ■ Differences from Previous Contract This year's costs are approximately 2% higher than the cost of similar services provided last year. Please contact Paula Cooper at extension 50625 if you have any questions or concerns regarding the terms of this agreement, Encl. 122 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. i Originating Department: Public Works Contract or Grant Administrator: Paula Cooper Contractor's / Agency Name: United States Geological Survey 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 — No X If yes, RFP and Bid number(s) Cost Center: 169110 & 169230 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 OContract 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. ❑x 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. $ 91,410 • 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: $ 91,410 RENEWALS: Council approval is not required when exercising an option to renew that is provided in the original contract. Summary of Scope: The annual Joint Funding Agreement with the USGS funds the ongoing operation and maintenance of the County's six stream gages within the Nooksack River early flood warning system, a stream gage at the Nooksack River Everson Overflow, and a stream gage on Jones Creek in Acme, WA for early flood warning and flood response. Term of Contract: Fixed Amount Expiration Date: September 30, 2015 Contract Routing Steps & Signoff sign or initial 1. Prepared by: Ben Floyd 2. Attorney reviewed: Daniel L. Gibson i 3. AS Finance reviewed: bbennett a 4. IT reviewed if IT related: 5. Attorney signoff: Daniel L. Gibson 7. Contractor signed: 8. Submitted to Exec Office: 9. Council approved (if necessary): 10. Executive signed: 11. Original to Council Indicate date transmitted Date 9/2/2014 Date 09111114 Date 4/15/2014 Date Date 09111114 Date Date Date Date Date Last Edited 061014 123 COUJINTY ORIGINAL Form 9-1366 U.S. Department of the Interior (Oct. 2005) U.S. Geological Survey Joint Funding Agreement r-- i HATC COUP !� CO RAC 1 e ta Customer #: 6000000721 FY15-A Agreement #: 15WNWA04200 Project #: 97229EU TIN #: 916001383 Fixed Cost 170 r_ Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 1ST day of OCTOBER 2014, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and Whatcom County Flood Control Zone District, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed -price agreement for the continued operation and maintenance of the Whatcom County-USGS Early Flood Warning stream gaging network, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to coverall of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In -Kind Services in the amount of $ N/A. by the party of the first part during the period (a) $5,864 OCTOBER 1, 2014 to SEPTEMBER 30, 2015 by the party of the second part during the period (b) $73,870 OCTOBER 1, 2014 to SEPTEMBER 30, 2015 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published 124 by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Down Payment (Bill) Request (form DI-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983). U.S. Geological Survey United States Department of the Interior USGS Point of Contact Name: Darrin Miller Address: USGS WAWSC - Field Office 1350 Slater Road, Suite 5 Ferndale, WA 98248 Telephone: 360-312-8155 x2001 Email: damiller@usgs.gov Signatures Name of Customer Whatcom County Flood Control Zone District Customer Point of Contact Name: 3s')._ Address: Telephone: Signatures By a -4"In-bate SS'/y-194 By " ? a s Date Name: Cynthia Barton, Ph.D., L.G., L.H.G. Name: Title: Center Director, USGS Washington Title: Water Science Center Date Name: Title: 6000000721 /15WNW A04200/FY15-A By — Date Name: Title: 125 WHATCOM COUNTY FLOOD CONTROL NE DISTRICT: Recom ended f Approval Frank Abart, Public Works Director Date Approved as to form: 90""j',p h'�'a9/1/aq Daniel L. Gibson, Prosecuting Attorney Date Approved: Accepted for Whatcom County Flood Control Zone District: By: Jack Louws, Whatcom County Executive for the Whatcom County Flood Control Zone District Board of Supervisors STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2013, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires 126 USGS - Whatcom County Public Works Dept. Streamgaging Program, October 1, 2014 -September 30, 2015 USGS National USGS USGS Whatcom Streamflow Cooperative Station County Public Information Water Program No. Station Name Works Dept. Program (NSIP) (CWP) Discount Total Remarks NORTHWEST WASHINGTON FIELD OFFICE (FERNDALE), 360-312-8155 x2001 12205000 North Fork Nooksack River below Cascade Creek near Glacier Streamflow discharge with $12,490 priority real-time data transmission 12208000 Middle Fork Nooksack River near Deming Streamflow discharge with $3,770 priority real-time data transmission 12210000 South Fork Nooksack River at Saxon Bridge Streamflow discharge with $12,490 priority real-time data transmission 12210220 Jones Creek at Acme, WA Stage (unpublished), 9 months $1,790 Precipitation (unpublished), $1,790 9 months 12210700 Nooksack River at North Cedarville Streamflow discharge with $11,800 priority real-time data transmission Precipitation and air $2,390 temperature (unpublished) 12211195 Nooksack River Overflow at Highway 544 at Everson Stage (published) with real- $3,850 time data transmission (6 months) 12211200 Nooksack River at Everson Stage (unpublished) with $3,340 priority real-time data transmission (6.5 months) Stage -discharge rating $3,220 12213100 Nooksack River at Ferndale Streamflow discharge with $16,940 priority real-time data transmission TOTAL $73,870 $7,330 $2,880 $10,210 $5,864 $1,466 $19,820 $3,770 This represents 19%of the cost of the streamflow discharge gage with priority real-time data transmission; the remainder is funded by the City of Bellingham. $19,820 $1,790 Changed from 6 to 9 months of data collection starting Oct. 1, 2014 $1,790 Changed from 6 to 9 months of data collection starting Oct. 1, 2014 $11,800 This represents 60% ofthe cost ofthe streamflow discharge gage with priority real-time data transmission; the remainder is funded by a Washington State Dept. of Ecology-USGS partnership. $2,390 $3,850 $3,340 $3,220 $19,820 USGS funds real-time data transmission component starting Oct. 1, 2014. $5,864 $1,466 $91,410 The discount is a percentage ofthe USGS Cooperative Water Program funds applied to this gage. It results from a change in USGS administrative procedures and does not affect the percentage ofthe cooperator contribution to the gage cost. 127 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-309 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: LR 09117114 I " _ 11 ( 9/30/14 Finance/Council 0111 Division Head. S IE:` 2 0) 14 Dept. Head: 9 �Wd'.r €ggsgs t 1 Prosecutor: �� J pggp Purchasing/Budget: Executive: TITLE OF DO T.- Resolution Ordering the Cancellation of Unclaimed Checks more than Two Years Old Whatcom County Jail Inmate Trust Fund Unclaimed Checks 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 checks listed in Exhibit 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 and printing on the County's website at: www.co.whatcom.witais/council. 128 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: RESOLUTION NO. ORDERING THE CANCELLATION OF UNCLAIMED CHECKS 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 checks that were issued prior to 06-30-12 and never presented or 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 checks 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 WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair APPROVED as to form: Civil De ty Pros for 129 WHATCOM COUNTY JAIL INMATE TRUST FUND OVER $75 OUTSTANDING CHECK LISTING July 2011 to June 2012 Check # Inmate Address � Check Date I 1 Booking # !Amount or Acct # I Explanation from Birthdate U.S. Post Office 61604 Asencio, Augusto Recinos 1014 W Smith Rd # 4, Bellingham WA 98226 _----------------- --_ _ _ _ --- —� 8/8/11 ------- -210624 5/16/58 1 61644 Bradshaw Brian John -- 2801-651 Nootica Way' Port Moody BC V3H 1X3 CANADA 8/12/11 $95.001210757 1/29/75 63313 65553 Gorze, Theresa Susan Hughes, Darcy 504 Darby Dr, #201, Bellingham WA 98226 603-1133 Beach Ave, Vancouver BC CANADA V6E 1T7 - 12/15/11 6/3/12 ----- ----- - $83.74 21334 $199.501 A00042635 ------ 4/5/63 1 4/9/81 R = 5/1/12, -61133 Magana, David Robert ------ _ 205 Reed Lane, Everson WA 98247 7/5/11 $133.861 209832 1 8/23188 "Undeliverable" 62669 Santa -Cruz, Luis Enrique _ ---------- q _-. 2136 E Hemmi Rd, #A , Mt Vernon WA 11/2/11 $516.02 1 212471 9/27/91 R = 9/27/1"No Such Address" ss" 63868 Thramer, Ryan David 1815 Old Samish Rd, Bellingham WA 98229 2/9/12__L $81.281 A00041848 -- (2011 Letters sent 1st time - - 4/25/12) ------------ ---- (2011 Letters sent 2nd time - - 9/24---- /12) ( _ � _2/8/82 ----- II- - -- ---- -- (2012 Letters sent - - 9/10/14) __ --- -- ----- __----R= - -� I Returned Le tter / No Forwarding Address 130 Page 1 of 1 Whatcom County Jail Inmate Trust Fund Account Outstanding Checks - July 2011 to June 2012 Ch----------- 061533 - ------ - 7/29/2011 $1.00 A00040575 AARDEMA, KYLE WAYNE 064082 _ 4/10/2012 $0.29 A00040575 AARDEMA, KYLE WAYNE $1.29 062356 10/9/2011 $2.00 A00226839 ACKERMAN, KENDRA ANNE 063072 2/19/2012 $6.09 A00226839 ACKERMAN, KENDRA ANNE $8.09 065414 6/20/2012 $5.00 A00037989 ADAMS, GORDON OLIVER 061263 7/21/2011 $0.82 A01891473 ADAMS, MATTHEW ABRAHAM 064736 4/8/2012 $6.50 A00042245 AFALAVA, ERIK S 064394 3/11/2012 $1.00 A00042077 AGUILAR, CHRIS_TIAN MICHAEL 063852 2/7/2012 $78.76 A01892854 AHMED, ABDURAHAM 061653 8/14/2011 $44.25 A00028579 AIELLO, JOSEPH EUGENE 063329 12/16/2011 $40.00 A00040389 ALBRECHT, ROBERT CHARLES 063197 12/13/2011 $0.37 A00041458 ALEXANDER, IAN KEIT_H 064287 3/1/2012 $0.43 00001850 ALLAN, ERIC AUSTIN 065726 6/13/2012 $0.16 A00042712 ALMANZA, NOEL HILBERTO 060182 7/23/2011 $0.20 A00037954 - ALSOS, ANDREW S 063074 2/20/2012 $0.10 A00040462 ALVAREZ, MICHAEL RAY 065389 5/29/2012 $1.00 A00042564 ALVAREZ-PARDO, RAFAEL 063017 1/16/2012 $0.48 A01887553 ANDAL, DAMICK LAWRENCE 064000 3/7/2012 $0.10 A00040337 ANDERSON, DAVID JEFFREY 062926 11/22/2011 $0.35 A00226362 ANDERSON, JONATHAN WILLIAM 064593 4/2/2012 $16.50 A00042216 AREL, SCOTT C 064482 3/19/2012 $5.00 A00006566 ARESTAD, ANGELA DON 062147 11/4/2011 $0.47 A00038290 ARINAGA, PETER JACOB 063429 12/27/2011 $13.25 A00035933 ASEBEDO, JAMES EDWARD 064801 4/21/2012 $0.02 A00035933 ASEBEDO, JAMES EDWARD $13.27 062990 12/2/2011 $1.00 A00038722 ASHBACH, TODD<LEE 064002 3/7/2012 $0.55 A00038722 ASHBACH, TODD`LEE $1.55 064260 2/28/2012 $0.58 A01887881 ASMUNDSON, STEVEN JAMES 062351 10/9/2011 $15.10 A00041014 AVENA, CYNTHIA E 060194 8/3/2011 $0.28 A01888666 AVENA-PARTIDA, ARTURO 064274 2/28/2012 $0.22 A00039049 AVILES-REYES, JAVIER 062200 9/20/2011 $0.33 A00040528 BABCOCK, PAUL ROBERT 062255 9/28/2011 $0.21 A00032950 BARANETS, VLADIMER M 062130 10/27/2011 $0.98 A00038872 BARGEWELL, MICHAEL EUGENE 062633 10/30/2011 $0.75 A00037230 BARKER, SCOTTY RYAN 065055 5/3/2012 $0.50 A00042379 BARTON, DWIGHT THOMAS 062882 11/17/2011 $0.07 A00038609 BASART, RICHARD THOMAS 065861 6/30/2012 $14.97 A00030519 BECK, JAMEY DON 064042 3/23/2012 $2.32 A00026233 BELLES, KIMBERLY ANN 065559 6/4/2012 $4.67 A00038420 BENNETT, ASHLEY MARY 064844 5/17/2012 $0.11 A00035072 BERGMAN, ROBERT SCOTT 063314 12/15/2011 $1.90 A0004-14-91 BERGNER, ASHLEY ANN 062840 11/12/2011 $4.74 A00221204 BERRY, TIMOTHY TYLER 064348 3/7/2012 $21.00 A00042044 BERSCH, ERIN E 063003 12/16/2011 $0.25 A00038915 BESHARA, CAMERON MORGAN 063998 2/23/2012 $1.13 A00041942 BETTIS, CHRISTOPHER LEE Page 1 of 13 131 Whatcom County Jail Inmate Trust Fund Account Outstanding Checks - July 2011 to June 2012 Check No Issued Amount Number Name 062618 10/27/2011 $2.06 A00040917 BEWLEY, GIDEON THOMAS 061389 10/6/2011 $0.16 A00040917 BEWLEY, GIDEON THOMAS 064845 5/18/2012 $0.06 A00040917 BEWLEY, GIDEON THOMAS $2.28 064034 3/21/2012 $12.89 A00040101 BJORK, TYLER DONALD 063871 2/9/2012 $15.76 A00041849 BLACKBURN, JACKSON ALEXANDER 062268 9/29/2011 $3.15 A00034358 BLAIR, JOSEPH LOUTS 064294 3/2/2012 $50.42 A00021626 BOB, MABEL RAEANN 063154 12/8/2011 $5.50 A00002629 BOB, ROBERT DALE 061525 7/29/2011 $0.54 A01887423 BOMBERRY, DANIEL ROBERT 062273 9/30/2-011 $0.93 A00040962 BOOTH, JOSHUA LEE 064890 6/10/2012 $0.46 A00042421 BOYLAN, GARY WILLIAM 063048 2/5/2012 $0.32 A00037363 BOYLES, ADAM CHRISTOPHER 061644 $/12/2011 $195,00 A00046656 BRADSHAW, BRIAN JOHN 065216 5/10/2012 $21.77 A00037747 BRAN DRETH-GIBBS, BRANDON CHARL 063433 12/28/2011 $0.83 A00037537 BRANNIAN, ROBERT THEODORE 062129 10/27/2011 $1.25 A00038047 BRAY, JASON ROBERT 065264 5/15/2012 $0.57 A00003056 BROOKS, LELA AMBER 064536 3/26/2012 $28.13 A00041918 BROWN, DAVID MONROE 064283 3/1/2012 $0.24 A01889862 BROWN, EDWARD TRAEGER 065241 5/13/2012 $9.00 A00004155 BROWN, JENNIFER LYNN 063374 12/21/2011 $0.81 A00003100 BROWN, SUNDANCE CHARANN 061734 8/23/2011 $0.18 A00003100 BROWN, SUNDANCE CHARANN $0.99 064044 3/24/2012 $0.26 A01887921 BRUMMEL, GABRIEL JOHN 065555 6/4/2012 $16.59 A00040467 BUCHANAN, KARA JO 06522-1 5/10/2012 $1.02 A00222943 BUCKLEY-WOZNIAK, CRYSTAL ANNE 064355 3/7/2012 $21.02 A00042046 BUDGE, JUSTIN PHILIP 061179 7/11/2011 $0.56 A01889479 BUMATAY-JEFFERSON MARIAH K 065371 5/28/2012 $0.55 A01889479 BUMATAY-JEFFERSON MARIAH K $1.11 1060199 8/5/2011 $1.90 A00025015 BURNER, JUSTIN EVERETT 062021 9/13/2011 $0.56 A00040861 BUTLER, BETHANY JOELLE 064867 6/1/2012 $4.84 A00021833 BUTZ, GARY GEORGE 065022 4/29/2012 $9.50 A00042359 BYROM, JODI LYNN 062336 10/7/2011 $0.76 A00040996 CABRAL, TEDDY GUY 063057 2/9/2012 $0.38 A00037947 CABRAL, ZACHARY ORION 063796 2/2/2012 $3.53 A00003614 CANNARD, JAMES MATTHEW 061968 9/8/2011 $1.12 A01891318 CARGILL, TONYA MARIE 064372 3/9/2012 $0.51 A01892138 CARRILLO, JOSE LUIS MORALES 061690 8/18/2011 $51.00 A00040693 CHEA, SOM 064060 4/1/2012 $19.50 A00038589 CHRISTIE, ANTHONY RYAN 062578 10/23/2011 $2.50 A00041123 CHURCH, CINDY MICHELLE 064875 6/3/2012 $0.29 A00224309 COCHRAN, KIMBERLY ANN 065773 6/18/2012 $0.08 A01887366 COLE, DUSTIN NICOLA 062052 9/15/2011 $11.50 A00040877 COLSON, PIETER C 061312 8/17/2011 $1.94 A00030493 COLUCCIO, WAYNE RICHARD 064357 3/7/2012 $4.00 A00042040 CONWAY, KEVIN LEE 065797 6/21/2012 $0.37 A00040940 CONWAY-DISCH, GJIENNA H 063809 2/3/2012 $0.26 A00021388 COOK, TROY EUGENE 063967 2/20/2012 $3.65 00001483 COOKE, CECIL CARL Page 2 of 13 132 Whatcom County Jail Inmate Trust Fund Account Outstanding Checks - July 2011 to June 2012 Check No Issued Amount Number Name 061762 8/25/2011 $1.93 00000058 COOKE, MOLLY MARIE 062934 11/23/2011 $2.12 A00041317 COOKE, SANDRA NAN 064938 4/20/2012 $1.50 A00004648 COOPER, MARVIN MAX 061174 7/11/2011 $4.56 A00038308 COOPER, RILEY DEWITT 063050 2/7/2012 $0.08 A00038308 COOPER, RILEY DEWITT $4.64 065789 6/20/2012 $0.35 A00042601 CORDERO, SHANE KIRK 061934 9/2/2011 $0.73 A00040786 CORN, AMBER MARIE 061156 7/8/2011 $0.11 A00040364 CORONA-RUIZ, CARLOS 064730 4/7/2012 $14.50 A00042239 CORRAL, SHANE 062243 9/26/2011 $1.30 A00226774 CRABTREE, JORDAN DOUGLAS 061781 8/27/2011 $2.37 A00040755 CRABTREE, RONALD COLBY 064376 3/9/2012 $27.71 A00042054 CRUZ, REYNALDO 062024 9/13/2011 $0.04 A00040711 CRUZ-CRUZ, REYNALDO 063724 1/26/2012 $0.30 A01887546 CULTEE, LOREN ERIC 064302 3/2/2012 $0.65 A00021932 CUNNINGHAM, K C 062969 11/28/2011 $10.00 A00041329 CURRY, JASON T 063062 2/11/2012 $0.05 A00027339 DAILLY, DARREN CLARKE 062143 11/2/2011 $0.15 A00037205 DANIELS, KELLY MICHAEL 061246 7/19/2011 $1.93 A00040525 DARANOUVONG, ANN 061691 8/18/2011 $0.09 A00030706 DAVIDSON, JERMAL LAMAR 063430 12/28/2011 A01892239 DAVIDSON DUSTY JEAN 062069 9/16/2011 1­1$9.91 $0.06 A01892239 DAVIDSON JUSTY JEAN $9.971 060157 7/2/2011 $9.98 A00038769 DAVIS, BRIAN PETER 064362 3/8/2012 $12.05 A01891439 DAVIS, JESSE LAWRENCE 064480 3/19/2012 $0.70 A00041998 DAVIS, KRYSTAL 062537 10/18/2011 $29.74 A00041084 DAVIS, NINA ELIZABETH 065554 6/4/2012 $0.44 A00042616 DEAN, HEATHER D 063716 1/25/2012 $0.59 A00227463 DEAN, JASON NICH0LAS 064876 6/4/2012 $0.11 A00041927 DEGUGLIELMO, PAUL L 064877 6/4/2012 $3.18 A00225061 DEGUZMAN, JONATHAN WALTERS 061306 8/12/2011 $0.64 A00227001 DELGADO, VERONICA ANN C 061333 8/26/2011 $0.34 A00040654 DEL-WRAA, JASON ALEXANDER 064248 2/27/2012 $2.00 A00041617 DENT, SENECA 064230 2/25/2012 $0.50 A00025600 DESIMONE, DAVID PETER 065000 4/27/2012 $5.15 A01892683 DEXTER, AARON WARREN 063045 2/3/2012 $0.04 A00038759 DIERKS, MICHAEL JAMES 061233 7/18/2011 $0.24 A00040514 DOZIER, PAUL SHANE 064871 6/2/2012 $0.36 00000063 DRISKILL, VICTORIA JEAN 063888 2/11/2012 $0.85 A00223322 DUBAY, DENNIS CHRISTOPHER 065505 5/31/2012 $0.06 A00224707 DUBBS, ANITA HOLLY 061186 7/12/2011 $0.71 A00040156 DUBOIS, JESSICA NICOLE 064204 2/24/2012 $0.18 A00005945 DUBOIS, TREVOR LEE LINN 061182 7/11/2011 $10.00 A00040473 DUCHARME, DANNY BRENT 064228 2/25/2012 $1.42 A0004195.1 DUKE, TEMPEST MARIE JEAN 061739 8/23/2011 $0.56 00000068 DUPUIS, CHRISTIAN GREY 062841 11/12/2011 $1.32 A01890781 DUTRA, DAVID MICHAEL 064757 4/11/2012 $0.11 A00042260 DWIGHT, MICHELE DELIA 061530 7/29/2011 $0.25 A00040573 DYKSTRA, DARRYN WAYNE Page 3 of 13 133 Whatcom County Jail Inmate Trust Fund Account Outstanding Checks - July 2011 to June 2012 Check No Jssued Amount Number Name 063336 12/18/2011 $1.25 A00041521 EASTWOOD, DYLAN A 065243 5/13/2012 $2.12 A00034141 EICHHORN, ANANDA SATIVA 065821 6/25/2012 $0.45 A00041371 ELZEA, JACQUELYN AZURE 062985 12/1/2011 $2.06 A00041371 ELZEA, JACQUELYN AZURE 063545 1/13/2012 $1.51 A00041371 ELZEA, JACQUELYN AZURE $4.02 062625 061580 064768 063441 063578 062553 064960 063051 064350 065741 6/15/2012 $1.43 A00038520 FU61 EK, WILLIAM ALLEN 061111 7/3/2011 $9.00 A00040433 FRAZIER, JORDAN WILLIAM 065510 5/31/2012 $0.50 A00038278 FRIESEN, JOSHUA DAVID 062390 10/13/2011 $0.08 A00227211 FROST, JEFFREY WAYNE 062192 _ 12/8/2011 $0.13 A00007175 FULLER, JOHN PATRICK 063349 12/19/2011 $10.00 A00041523 GADHRI, JASDEEP SINGH 061986 9/10/2011 $3.20 A00040821 GANGL, PHILIP 065837 6/27/2012 $4.25 A00221038 GARCIA-NUNEZ, JORGE ANTONIO - - - --- -- - - - --- - -- .. 064261 - 2/28/2012 - -- - $15.86 A00007382 GARDNER, MERRILEE CHRISTINE 062873 11/15/2011 $0.31 A00033263 GASS, DAVID DEAN 065788 6/20/2012 $9.87 A00030141 GEORGE, RUSSELL STEVEN 063802 2/3/2012 $0.20 A00040342 GIEG ER, WILLIAM A 063800 2/2/2012 $0.26A00038704 GIL, ALEJANDR_ O NODAL 062894 11/18/2011 $1.03 A00041293 GLICK, STACY RUTH 063077 2/20/2012 $0.19 A00040375 GOLUBJATNIKOV, DEREK S 063099 3/6/2012 $0.07 A00040375 GOLUBJATNIKOV, DEREK S $0.26 062845 11/12/2011 $0.30 A00026139 GONZALEZ, ALFREDO DAVID 064861 5/29/2012 $0.04 A00026139 GONZALEZ, ALFREDO DAVID$0.34 064575 3/31/2012 $12.88 A00007885 GOODE, TONY EDWARD 063096 3/5/2012 $0.09 A00008881 GOODLOW, MARCEL SHOMARI -- - _._ 065743 - 6/15/2012 -- _. $1.90 __ . A00042729 GOODWIN, ALBERT 062691 11/6/2011 $0.71 A00037606 GOUDELOCK, STEPHANIE ANNA 062603 10/26/2011 $1.75 A00013972 GRANDELL, MICHAEL FRANCES 063358 12/19/2011 $0.12 A00035089 GREEN, WILLIAM LEE - 062818 11/8/2011 $0.40 A00041107 GROSENHEIDER, JOHN STEPHEN 062612 10/27/2011 $0.33 A00040460 GROVER, ASHLEY ELIZABETH 064255 2/28/2012 $0.17 A00037032 GUEVARA-MEDINA, JOE ANTHONY 063490 1/5/2012 $0.48 A00041217 GUILLEN, FLORA MELISSA 062231 9/25/2011 $0.50 A00040929 GULLICKSON, KRAYMER ROBERT 062345 10/8/2011 $64.50 A00041004 GUNDY, MIKE LOVEJOY 061750 8/24/2011 $1.55 A00040739 GUO, HONG JUN 062601 10/26/2011 $0.51 A00008186 GUTIERREZ, GABRIEL 061284 7/23/2011 $3.33 A00040544 GUZMAN-MORALES, EDILBERTO Page 4 of 13 134 Whatcom County Jail Inmate Trust, Fund Account Outstanding Checks - July 2011 to June 2012 Check No Issued Amount Number Name 064292 3/2/2012 $2 00 A00042001 HA, VIET QUOC 063482 1/4/2012 $5.00 A00221845 HAGIN, JUSTIN ROY 065548 6/3/2012 $2.34 A00042627 HALEMANO, ALAKANA LOPAKA 063940 2/17/2012 $0.26 A00040124 HALL, ECHO RENA 065207 5/8/2012 $0.62 A00042423 HALLMARK, DARLENE K 062118 10/23/2011 $27.71 A00025994 HANSON, BRYAN KENNETH 061769 8/26/2011 $1.00 A00040748 HARA, JESSIKA ARASHI 9/25/2011 $1.00 A00040920 HARNISS, ANTHONY RASHAVN �062235 065402 6/13/2012 $0.14 A00039686 HARPER, SAMUEL LUSK 064833 5/8/2012 $0.18 A00024858 HARRIS, PHILIP ANDREW b65776 6/16/2012 $0.58 A00042431 HARRISON, JUSTIN LEE 065250 5/13/2012 $0.57 A00041184 HARRISON, MICHAEL SCOTT 064530 3/25/2012 $5.50 A00042168 HARVEY, ROBERT COPLAND 064029 3/15/2012 $0.26 A01892773 HATFIELD-ANDERSON, ALISCHA N 061348 9/7/2011 $0.20 A00022348 HAWK, GORDON LINN 062057 9/15/2011 $1.00 A01890993 HAYDEN, CHRISTINA RAE 064981 4/24/2012 $1.17 A00042064 HAYES, DAVID EUGENE 064855 5/26/2012 $0.13 A00227615 HECOCK, GINA MARIE 065568 6/5/2012 $2.50 A00042641 HERBERT, JOHN EDWARD 065524 6/2/2012 $8.25 A00042625 HERNANDEZ, ERIC 062141 11/2/2011 $0.23 A01891691 HERNANDEZ, JUAN MANUEL 065725 6/13/2012 $15.00 A00037151 HERRERA-VARGAS, JOEL WILLIAM 063875 2/10/2012 $10.73 A00041851 HERSHEY, MARSHA JO 061314 8/17/2011 $0.23 A00031807 HESTER, DERRICK ANTOINTE 061226 7/17/2011 $0.38 A00223510 HEYWARD, KATHERINE MICHELLE 065853 6/29/2012 $29.50 A00037806 HILL, DAHVID CHAIM 064771 4/12/2012 $2.80 A00040860 HILL, LEVI LLOYD 064079 4/9/2012 $0.11 A01891789 HILL, RYAN ALBERT 061307 8/12/2011 $0.91 A00037236 HILT, SCOTT RICHARD 065529 6/2/2012 $2.85 00000087 HILTON, TIMOTHY DUANE 061519 7/28/2011 $1.13 A00227026 HINDBERG, STEVE WAYNE 063939 2/17/2012 $11.50 A00041900 HINTHORNE, MICHAEL JAMES 062398 10/13/2011 $0.68 A01889752 HOAGLAND, COREY ALLAN 061313 8/17/2011 $0.55 A01889651 HOLMA, DONALD LEE 064839 5/12/2012 $0.07 A00040887 HOLMES, AARON THANE 062856 11/13/2011 $0.10 A00040368 HOPE, CHELSEA MARIE 063748 1/29/2012- $0.75 A00040368 HOPE, CHELSEA MARIE $0.85 064584 4/1/2012 $10.02 A00042211 HORNE, LEAH REBEKAK 062556 10/21/2011 $1.98 A00032752 HOVANDER, HAL LOUIS 062574 10/24/2011 $0.87 A00041120 HOWARD, CHRISTINA ALLYSON 065362 5/27/2012 $19.85 A00042566 HOWARD, ISAAC EMERY 061733 8/23/2011 $0.14 A00034751 HOWELL, ERICA BRYNN 063864 2/8/2012 $22.42 A00034751 HOWELL, ERICA BRYAN $22.56 064422 3/13/2012 $0.15 - A00227089 HOWELL, JOSHUA RAY 064532 3/25/2012 $1.50 A00042173 HUERTA, JUSTIN MICHAEL 062241 9/26/2011 $1.20 A00040934 HUGHES, EDWARD M 064847 5/19/2012 $1.59 A00024839 HUNTER, DENEB AUGUSTUS 061785 8/28/2011 $2.12 A00040760 HURTUBISE, RICHARD LEE 063470 1/3/2012 $2.76 A00041634 HUTCHINSON, NICHOLAS WILLIAM D Page 5 of 13 135 Whatcom County Jail Inmate Trust Fund Account Outstanding Checks - July 2011 to June 2012 Check No_ Issued Amount Number Name 064241 2/26/2012 $7.00 A00041964 HUTSELL, STEPHEN EDWARD 061260 7/21/2011 $0.55 A00021368 HYDE, BEAU GRANT 063831 2/6/2012 $4.50 A00041821 JACK-NIXON, JONATHAN - 063020 1/18/2012 $0.18 00001617 JACKSON, JONAS LEO - _ 064057 3/30/2012 -- $0.09 - A00039932 JACKSON, KYLE EUGENE 063036 2/1/2012 $0.48 A00041706 JACKSON, TILTON 065522 6/2/2012 $5.86 A01889522 JAMES, JOEL MARIO 060189 7/28/2011 $3.82 A00037778 JAMES, MATTHEW DONNELL 061377 9/28/2011 $0.23 A00032122 JAMES, SHANE LITTLE -SUN 062806 11/7/2011 $0.16 A00041227 JANISCH, KATHLEEN ELLEN DAWN 062929 11/22/2011 $5.56 A00041318 JANUS, MATT JOSEPH 064498 3/22/2012 $1.09 A00032107 JARBOE, JAMES ALLEN 064037 3/22/2012 $0.01 A00222014 JEFFERSON, DORA JOAN 061087 7/1/2011 $0.21 A00226231 JEFFERSON, JAMES LAWRENCE 065593 6/8/2012 $0.98 A00037968 JEFFERSON, ROB DOUGLAS 063141 12/7/2011 $0.23 A00031670 JEFFERSON, SHANNON ROSE 065348 5/25/2012 $0.36 A00031670 JEFFERSON, SHANNON ROSE $0.59 065206 5/8/2012 $2.64 A01889141 JEFFERY, MICHAEL THOMAS ROBERT 065409 6/15/2012 $0.12 A01892768 - - .. .......... JEFFERY, NICOLE LESA LARINE 064966 4/23/2012 $1.51 A00009982 JEFFRIES, CORIE ANN 062186 12/3/2011 $0.46 A01888079 JENSEN, ROBERT WAYNE 061095 7/2/2011 $7.44 A00225923 JIMMIE, JORDY SCOTT 065352 5/26/2012 $2.18 A00042561 JOHNSON, ALEXANDRA ELIZABETH 062906 11/19/2011 $2.71 A00041303 JOHNSON, BRIAN THOMAS 064832 5/8/2012 $0.03 A01891915 JOHNSON, DAVID MICHAEL 064431 3/14/2012 $0.25 A00010520 JONES, SETH AILEAN 063568 1/19/2012 $0.81 A00041714 JORDAN, ANTHONY R 062005 9/12/2011 $1.00 A00040855 JUDGE, TROY LANE 064510 3/24/2012 $0.08 00000096 JULES, PRANCINGBEAR JEROME J 063111 12/4/2011 $3.50 A00037800 JULIUS, TAMERA JENEEN 064851 5/23/2012 $0.16 A01890322 JULIUS, TAYLOR ANTHONY 065051 5/2/2012 $0.15 A00022587 KABELA, ERIC JEFFERY 064781 4/13/2012 $4.50 A00042266 KANG, KAMALJEET RITA 064011 3/10/2012 $0.71 A00040161 KEEHN, CHRISTOPHER M 063024 1/24/2012 $0.17 A00030759 KEMPER, MICHAEL STEPHAN 064469 3/18/2012 $20.00 A00042125 KERL, PETER ANDREAS 063825 2/5/2012 $19.00 A00041828 KHAN, MAHAMMED FAIAJ 063471 1/3/2012 $0.51 00002010 KINDY, JON BRENDON 061649 8/13/2011 $0.96 A00039567 KING, MAX R 061730 8/22/2011 $3.56 A00040726 KING, PATRICIA MARIE 064293 3/2/2012 $1.27 00000098 KINLEY, GERALD STANLEY 062954 11/27/2011 $13.75 A00225932 KINLEY, MARY 065785 6/19/2012 $2.88 A00042738 .. _ _-___. KIRKPATRICK, ROBERT HAYES 065400 6/13/2012 $0.34 A00041652 KLEIN, STEPHEN BARTLETT 061287 7/24/2011 $0.22 A00011064 KLIMPEL, TERRY MARK 063357 12/19/2011 $4.78 A00041505 KOEHLER, CHARITY D 063035 1/31/2012 $0.08 A00039294 KOEHN, CODY LEE 062187 12/3/2011 $0.16 A00011153 KOLBERT, PAVEL 064068 4/5/2012 $1.86 A00227231 KOOP, BRANDON PAUL 064234 2/26/2012 $1.01 A01891881 KOVTUN, DAVID PETROVICH Page 6 of 13 136 Whatcom County Jail Inmate Trust Fund Account Outstanding Checks - July 2011 to June 2012 Check No Issued Amount Number Name 061592 8/7/2011 $5.00 A00034320 KRAVCHENKO, DAVID 064023 3/16/2012 $5.69 A01890787 KUTROVSKI, GHERMAN 065856 6/30/2012 $0.25 A00042833 LAGAFUAINA, LESTER LAISENE 065761 6/17/2012 $1.31 A00042742 LAJUNE, CHRIS L 065703 6/9/2012 $1.75 A00224740 LAMPHIER, VINCENT RYAN 062168 11/16/2011 $0.28 A00038382 LANE, ERNEST O 063476 1/3/2012 $1.90 A00227035 LANE, LEVI CHRISTOPHER 063179 12/11/2011 $20.00 A01891279 LANE, WILLIAM ADAM 065359 5/26/2012 $3.31 A01891279 LANE, WILLIAM ADAM $23.31 064802 4/21/2012 $0.56 A00037017 LANGE, CURTIS ALLAN 063546 1/13/2012 $5.73 A00033335 LANKHAAR, LOA KATHLEEN 062305 10/3/2011 $0.50 A00040971 LARSEN, STEVEN CRAIG 062991 12/2/2011 -_ $4.50 A01891874 LAU PATRICK RYAN 064421 ....... ... 3/13/2012 $7.73 A00039586 -- - LAUGHLIN, RYAN CHRISTAIN 065211 5/9/2012 $0.53 00000102 LAWTON, GARRETTE ALLEN 064915 4/17/2012 $4.00 A01892361 LEI-PAI, KATHLEEN KELEKA KK 065029 4/30/2012 $0.70 A00042361 LEMON, SCOTT ROBERT 062167 11/16/2011 $0.52 A00223841 LIGHT, DUNCAN MARSHALL 064483 3/19/2012 $1.02 A01891178 LINDSAY, BUDDY JAMES 062904 11/19/2011 $32.50 A00041301 LINDSEY, ANDREW BURTON 061995 9/12/2011 $25.56 A00222617 LODER, LAKEASHA NICHOLE 063089 2/28/2012 $0.45 A00012045 LOEUY, LUOT 061275 7/22/2011 $0.86 A00040532 LONG-RAMIREZ, DANIELLE TRISH 064720 4/6/2012 $0.37 A00012095 LOOMIS, SHANNON MARIE 063047 2/5/2012 $0.06 A01887376 LORENZ, ANDREW JOSEPH 062323 10/5/2011 $3.07 A00040990 LOWER, JENNA CHRISTINE 061248 7/19/2011 $0.03 A00012238 LUCHT, RANDAL GENE 061776 8/27/2011 $0.19 A01889637 LUJAN, MARK LEWIS 062028 9/14/2011 $1.01 A00040862 LUNA, CHAD DAVID 063081 2/22/2012 $5.00 A00037936 LYON, JARED SCOTT 064577 3/31/2012 $20.28 A00042205 MABIN, DYLAN MICHAEL 061310 8/13/2011 $1.29 A00038511 MACH, KHOA NHUT 061723 8/22/2011 $0.97 A00037619 MACKOWIAK, KYLER ROBERT 063061 2/10/2012 $0.05 A00034013 MADISON, ROBERT ROOSEVELT 064097 4/19/2012 $0.01 A00039946 MADRID, RANDALL LEROY 064262 2/28/2012 $0.67 A00023319 MAGANA, FRANK LEE 065508 5/31/2012 $3.74 A01887799 MAHBOBZADEH, BENJAMIN 064984 4/25/2012 $39.60 A00042337 MALONEY, CARREEN K 061261 7/21/2011 $1.00 A00040540 MANCA, JARRETT ANTHONY 064489 3/19/2012 $4.50 A00042137 MAROIS, THOMAS E 064094 4/19/2012 $0.56 A00038019 MARSHALL, KANDICE JOY 062854 11/13/2011 $1.50 A00041265 MARSHALL, MICHAEL J 062839 11/11/2011 $1.37 A00041203 MARSHALL, TRAVIS JAMES 065735 6/14/2012 $1.44 A00012675 MARTIN, TASHENA MARIE 064018 3/14/2012 $1.34 A00023344 MARTIN, VERONICA URSULA 062652 11/1/2011 $0.78 A00227675 MARTIN, WENDELL NOEL 65404 6/15/2012 $2.05 A00040747 MASSIE, RICHARD EMILE JOSEPH 011 64030 3/19/2012 $0.03 A00224789 MATHIESON, MARK WILLIAM ,- 061711 8/20/2011 $0.61 A00029458 - ........ MATHSON, TARA Page 7 of 13 137 Whatcom County Jail Inmate Trust Fund Account Outstanding Checks - July 2011 to June 2012 Check No Issued Amount Number Name 062163 11/12/2011 $0.29 A00041195 MAYMON, DARNELL CURTIS 063169 12/9/2011 $4.24 A00041429 MCDONALD, DOUGLAS RAY 065408 6/15/2012 $1.24 A00223417 MCKAY, RAYMOND PHILLIP 062335 10/7/2011 $0.06 A00039995 MCLEAN, LATISHA ROSEMARIE 063018 1/17/2012 $0.08 A00039699 MCLEAN, WILFERD ALLEN 064499 3/22/2012 $3.50 A00042146 MCMANUS, LUKE O 063083 2/22/2012 $0.06 A0.0021212 MCMURTRY, ROBERT LEROY 063762 1/31/2012 $0.50 A00031618 MCNUTT, STEVEN ARNOLD 062823 11/9/2011 $12.00 A00041235 MEDINA, MILTON MARIO 064901 4/15/2012 $4.00 A00042277 MEDIA-CH HAYSY, EDYBERTO 1111 065037 5/1/2012 $2.34 A00220936 MESSER, WILLIAM JOHN 061385 10/5/2011 $1.13 A00040071 MEZO, DARREN JAMES 061694 8/18/2011 $0.47 A00040207 MILLER, CHARLES AARON 065005 4/27/2012 $0.30 A01887688 MOEN, TYSON RYAN 061167 7/10/2011 $4.72 A00040465 MOLLISON, KASEY 061778 8/27/2011 $0.04 A00036890 - MONTELONGO, ADRIAN ARTURO 062967 11/28/2011 $0.50 A00041355 MULRYAN, JEFFERY THOMAS 065427 6/29/2012 $0.35 A00041479 MUNN, WINDY CLARA 062322 10/5/2011 $0.54 A00025109 MUSSELWHITE, DAVID WAYNE 064929 4/19/2012 $2.55 A00042295 MWANGI, LEROY W 063444 12/29/2011 $26.14 A01891975 MYERS, MEGAN NICOLE 062801 11/6/2011 $0.50 A00041214 NAAB, PETER J 061908 8/30/2011 $1.67 A00040772 NAVA-GOMEZ, RODOLFO 063379 12/21/2011 $3.50 A00041542 NAWID, MOHAMMAD TAREQ 062172 11/20/2011 $6.00 A01888103 NEER, PATTI JO 063185 12/12/2011 $0.34 A00041456 NELSON, ERIC DAVID 062104 10/13/2011 $0.03 00000118 NELSON, JASON WORTH 064065 4/4/2012 $0.05 A00041803 NELSON, JOSEPH DANIEL 064327 3/4/2012 $0.60 A00042026 NEW BEGIN, JOEEPH CAR 064043 3/23/2012 $1.55 A00040136 NEWMAN, ALBERT ELLIOT 063054 2/8/2012 $2.20 A01892748 NILES, LINDSEY JO 064838 5/11/2012 $0.78 A00033809 NOBLE, MICHAEL DAVID 063876 2/10/2012 $1.00 A00033809 NOBLE, MICHAEL DAVID $1.78 063094 3/3/2012 $0.57 A00038284 NORD, PERRY ALBERT 062946 11/24/2011 $0.50 A00041341 NORWICK, TRAVIS FREDERICK 065411 6/20/2012 $0.48 A01889188 NOWAKOWSKI, DARREN PAUL 060187 7/27/2011 $0.31 A00038602 OCONNOR, CHARLES WILLIAM 064413 3/12/2012 $1.29 A00042062 OCONNOR, DOMINICK 061656 8/15/2011 $0.68 A00222845 OLSEN, JASON JEFFREY 062176 11/25/2011 $0.50 A00014233 OLSEN, LONDA RENEE 064834 5/8/2012 $0.02 A00014233 OLSEN, LONDA RENEE $0.52 061929 9/1/2011 $0.16 A00226783 OLSEN, PARIS AVERY 061972 9/8/2011 $5.56 A00038212 OLSON, BRANDON STEPHEN 063419 12/26/2011 $4.00 A00041574 ORCUTT, JUSTIN JAMES 062995 12/2/2011 $5.00 A00041383 OREIRO, MARC CAGEY 062158 11/10/2011 $0.15 A00040306 ORTA-GARCIA;-PEDRO 064817 5/1/2012 $0.40 A00040306 ORTA-GARCIA, PEDRO $0.55 065235 5/12/2012 $1.50 A00039325 ORTIZ, CELESTINO Page 8 of 13 138 Whatcom County Jail Inmate Trust Fund Account Outstanding Checks - July 2011 to June 2012 Check No Issued Amount Number Name 062692 11/6/2011 $0.14 A00031716 ORTIZ, HECTOR JOSEPH 061504 7/26/2011 $0.53 A00225446 OSTRANDER, CHARLES WILLIAM 061315 8/18/2011 $0.61 A00223834 OSWALD, ROBERT JAY 065532 6/2/2012 $1.37 A00042613 PALMER, MARTIN ROY 065824 6/25/2012 $0.13 A00037763 PALMERTON, CHRISTINE PATRICIA 061209 7/14/2011 $6.03 A00036324 PANCHISON, TERRY RENEE ----- -- --- - 062272 ---- .,........... 9/30/2011 _ $7.50 A00040963 PARK, JAMES W 064509 3/23/2012 $0.48 A00032543 PARKER, NICHOLAS JOHN 064054 3/28/2012 $1.30 A00039781 PEEBLER, ROBERT DEWEY 061190 7/12/2011 $1.00 A00040470 PENN, MICHAE......... -- --- 061177 7/11/2011 $13.90 A01887401 PEREZ, HONORI0 VARGAS 062563 10/22/2011 $5.50 A00041117 PEREZ, JOHN ANTHONY 063010 1/3/2012 $1.22 A00030585 PEREZ, RICHARD MANUEL 062257 9/28/2011 $2.50 A00040947 PERKINS, JEFFREY WILLIAM 062184 12/2/2011 $0.10 A00039439 PERRY, JODY JERMAINE 065424 6/27/2012 $0.18 A00021264 PETERS, RICHARD FREDERICK ----- -- - - -- - - 061353 ---- 9/9/2011 - $0.25 A00023957 PETERSON, JASON LEE 065405 6/15/2012 $0.05 A00002732 PHAIR, LORNA ANN 063076 2/20/2012 $1.79 A00036895 - PHAIR, WILLIAM AUGUST 061094 7/1/2011 $1.56 A00227014 PHILLIPS, MATTHEW CARL 062509 10/15/2011 $0.20 A00040657 PICOS, JESUS ALBERTO 064880 6/4/2012 $9.25 A00028693 PITTS, ERIC SHAHEED 063325 12/15/2011 $5.03 A00227546 POINT, ADAM CHRISTOPHER 062109 10/14/2011 $0.38 A00227546 POINT, ADAM CHRISTOPHER $5.41 064862 5/30/2012 $0.13 A00039872 POPE, TERREL F B 064820 5/3/2012 $0.52 A00223195 PORTER, JASON JAMES 065028 4/30/2012 $0.75 A00039942 POWER, JAMES RAYMOND 061757 8/25/2011 $2.04 A00036341 POZAS-TAVERA, ISMAEL 065426 6/27/2012 $0.36 A00223977 PRIEST, CHAD BARRETT 063307 12/14/2011 $14.50 A00021252 PULIDO, GEORGE ESTRADA 063064 2/11/2012 $0.48 A00036251 QUEEN, JUSTIN DALE 061392 10/6/2011 $0.21 A00224695 QUIROGA, FRANK VICTOR 064025 3/16/2012 $0.04 A00227586 - RAMIREZ, FERNANDO - - - 064733 - 4/8/2012 - $1.27 ......_ - A00041192 RAMIREZ, MARTIN 064885 6/7/2012 $0.08 A00038837 REICHERT, JOSEPH WILLIAM 061259 7/21/2011 $0.42 A00040539 REID, KEVIN GORDON 065502 5/31/2012 $1.40 A00037409 RENTERIA, VINCENT NARTE 065074 5/4/2012 $13.07 A00035316 REVEY, BROCK JORDAN 064424 3/13/2012 $2.01 A01888473 REVEY, RYAN THOMAS 065860 6/30/2012 $1.41 A01891488 REYNOLDS, HERBERT JACQUES 064500 31/22/2012 $0.66 A00224168 RHINES, ROBERT ERNEST 063880 2/10/2012 $0.50 A00041860 RHODES, GARY ALLEN 064207 2/24/2012 $0.21 A00034739 RIBBLE, KIM MCWILLIS 062178 12/1/2011 $0.13 A01891782 RICHARDS, JACOB HAAS 061397 10/8/2011 $1.46 A01892156 RINARD, JESUE RAY 065557 6/4/2012 $0.33 A00042618 ROBAR, ROBIN L 064893 6/11/2012 $0.44 A01892624 ROBBINS, AUTUMN MICHELLE 062106 10/13/2011 $0.41 A01891507 RODRIGUEZ, SALVADOR 061247 7/191/2011. 1 $0.09 A01891507 RODRIGUEZ, SALVADOR $0.50 Page 9 of 13 139 Whatcom County Jail Inmate Trust Fund Account Outstanding Checks - July 2011 to June 2012 Check No_ Issued Amount Number Name 064883 6/7/2012 $0 10 A00039551 RODRIGUEZ, SERGIO AMA RAL 065384 5/29/2012 $0.64 A00040882 ROLLER, ROBERT JEROME 064701 4/3/2012 $2.52 A01892277 ROSARIO, DARRYL LOREN 061969 9/8/2011 $0.14 A00026682 ROWAN, ISAAC PAUL 063834 2/6/2012 $1.30 A00041817 RUGG, TERENCE ALAN 061393 10/6/2011 $0.36 00001775 RUNCIMAN, MATTHEW JAMES 065551 6/3/2012 $2.50 00001775 RUNCIMAN, MATTHEW JAMES $2.86 064568 3/30/2012 $0.19 A01889028 RUSSELL, AUBREY ANNE 064323 3/4/2012 $3.65 A00042013 RYKEN, TIM A 061642 8/12/2011 $2.16 A00039603 SALAS, COREY CLEMENTE 062126 10/27/2011 $0.12 A01889682 SALUDO, FRANCISCO CHRISTOPHER 064804 4/22/2012 $0.67 A01892526 SAMPLES, CHRISTOPHER SCOTT - -- - 063701 -- - 1/23/2012 -- - . $25.00 A00041736 SANCHEZ-ALVAREZ, RE NE M 064099 4/20/2012 $0.52 A00026586 SANDERS, DARREL LEE 063743 1/28/2012 $0.76 A00017188 SASSEN-VAN-ELSLOO, ADRIAN G 065343 5/25/2012 $0.22 A00017197 SATIACUM, VELDA ROSE 061693 8/18/2011 $9.44 A00040696 SCHROYER, SCOTT EINAR 061322 8/19/2011 $0.41 A00004915 SCHWEIER, ANGELA MARINE 063978 2/21/2012 $4.50 A00041913 SCOTT, BRYTTANY MONIQUE 062548 10/19/2011 - $1.00 - A00041102 -- - --- ... - SCOTT, KELSEY MAE 063801 2/3/2012 $3.90 A01892887 SCOTT, NICHOLAS PERNELL 006262 9/15/2011 $3.56 A00222432 SCOTT, PAUL DAVID 063572 1/19/2012 $0.50 A00041713 SEAMAN, TODD C 062199 12/15/2011 $2.42 A00006547 SELBE-FANN, ROBERT JASON 061178 7/11/2011 $0.38 A00040372 SELIN, SCOTT PAUL 061910 8/31/2011 $4.00 A00030937 SESTROM, JEROD KINDRED 061318 8/19/2011 $7.56 A00039093 SHARMA, ALLAN ANIT 063340 12/18/2011 $0.11 A00041517 SHEA, TIMOTHY ERIC 065536 6/2/2012 $0.49 00001767 SHINTAFFER, RYAN ALAN 062022 9/13/2011 $0.20 A01889591 SHOCKEY, ADAM LEE 063715 1/25/2012 $0.61 A00040806 SHURTE, MICHAEL LEE 064794 4/14/2012 $0.94 A01891419 SICKLER, JONATHAN WESLEY 065275 5/17/2012 $0.11 A00040276 SILVER, PAUL ANTHONY 065842 6/28/2012 $21.01 A00042811 SILZER, BRENT ALLAN 063983 2/22/2012 $10.11 A00041934 SIMMONS, SHERILEE ANN 061998 9/12/2011 $2.01 A00040856 SIMON, JOHN WILLIAM 064848 5/19/2012 $0.48 A00035273 SIMPSON, JOSHUA ERIC 063402 12/23/2011 $1.50 A00041563 SINGH, RAJ-PREET 063955 2/18/2012 $6.50 A00041563 SINGH, RAJ-PREET $8.00 064382 3/10/2012 $4.54 A00023414 SISTRUNK, MARY ANNE 065030 4/30/2012 $0.85 A00226922 SK- - 061990 9/11/2011 $3.00 A00040846 . . SLAGLE, JAMES ALAN 064846 5/18/2012 $0.23 A00023424 SMART, EDWARD WILLIAM 064074 4/7/2012 $1.70 A00221722 SMAY, PAUL SHELBY 062133 10/29/2011 $0.59 A00040110 SMITH, DEAN BURNETT 065407 6/15/2012 $1.56 A00041827 SMITH, STEVEN DAMON 063874 2/9/2012 $1.00 A00227346 SOLOMON, TIMOTHY JUSTIN 061302 8/10/2011 $0.48 A00037192 SOLOMON, TOBY WILLIAM 140 Page 10 of 13 Whatcom County Jail Inmate Trust Fund Account Outstanding Checks - July 2011 to June 2012 Check No Issued Amount Number Name 065292 5/19/2012 $5.16 A00226470 SOTELO-PEREZ, JUAN MANUEL 062595 10/25/2011 $0.50 A00041103 SPONSELLER, SETH I 064945 4/21/2012 $10.00 A00042305 SRAN, SANDEEP K �062229 9/25/2011 $0.82 A00040928 STAFF ORD, LEE CHARLES 061346 9/6/2011 $4.26 A01892918 STEAGALL, AMOS D 064931 4/19/2012 $10.59 A00038734 STEAGALL, COLTEN RAY 061687 8/17/2011 - - $6.00 --- ----- A00040688 - --. _ _...... _ _... __ _. STEELMAN KELLY ORME 065059 5/3/2012 $10.23 A00041896 STEINBACH, TERESA LEE 061097 7/2/2011 $17.31 A00040422 STEVENSON, KEITH WILLIAM 064063 3/31/2012 $1.25 A00042206 STOCKMAN, MICHAEL K 063885 2/11/2012 $0.36 A01888675 STODDARD, GROVE WHITNEY 064723 4/6/2012 $2.50 A00042233 STONE, LAURA ELLEN 065008 4/28/2012 $10.50 A00042352 SUAREZ-MONDRAGON, JOSE A 063867 2/9/2012 $0.76 00001781 SULLIVAN, SHONTAE CHRISTINE 063055 2/8/2012 $0.43 A01889418 SVEGE, ASHLEY DAWN 061379 9/29/2011 $0.74 A01891743 SVEGE, DANIEL LEE 064304 3/2/2012 $2.50 A00041207 SWANBERG, TANIA ANN 061932 9/2/2011 $0.56 A00031212 SWANK, EMMITT ROBERT 062262 9/28/2011 $0.29 A01892060 SWANSON, ERIK ROBERT 063893 2/12/2012 $10.08 A00225758 SWEDELIUS, KATHERINE IRENE 063765 1/31/2012 $0.23 A00018945 TAIT, CANDICE JOYCE 064898 6/12/2012 $0.50 A00042704 TAKENOUCHI, JASON CLARENCE 063567 1/19/2012 $7.07 A00039880 TANIS, JAY ELDON 061590 8/6/2011 $4.56 A00040622 TARON, PHILIP ERNEST 064828 5/6/2012 $0.33 A00025796 THELEN, TROY ROBERT 065784 6/19/2012 $5.77 A01888155 THOMAS, IRENE MERCEDES 061978 9/9/2011 $3.00 A00001512 THOMAS, MARK ANDREW 062031 9/14/2011 $0.62 A01888657 THOMPSON, CHARLIE 064080 4/9/2012 $0.17 A00225532 THORNTON, GHAN JAK 060191 7/29/2011 $0.09 A00016941 THORSEN, CHRISTOPHER M 062290 10/2/2011 $0.28 A00221793 THRASHER, ALEX GUY_ GILLIS 064425 3/13/2012 $2.06 A00041547 TOBY, TALIAH MARIE 065406 6/15/2012 $4.90 A00039014 TOLSMA, DANICA ROSE 065340 5/25/2012 $0.72 A00042552 TOLTON, PATRICK TIMOTHY 062357 10/10/2011 $0.09 A00221862 TOM, LISA MICHELLE 061977 9/8/2011 $1.50 A00040824 TOM, RALPH RICHARD 061399 10/8/2011 $0.50 A00040824 TOM, RALPH RICHARD$2.00 061210 7/14/2011 $0.35 A00038975 TONER, TIMOTHY JAMES 064095 4/19/2012 $0.05 A00034710 TOVAR, GILBERT 061303 8/11/2011 $0.49 A00038510 TRAM, BRIAN 065766 6/17/2012 $2.50 A00042745 TRAN, PHUONG CAT 061507 7/26/2011 $50.00 A00040562 TROMBURG, SETH R 062370 10/11/2011 $0.15 A01891109 TURNER, KASHA LOUISE 062230 9/25/2011 $3.50 A00040923 VALE NZU E LA-COTA, JOSE ARTURO 065759 6/16/2012 $1.60 A00019641 VANBEEK, JEFFLEY ALAN 063052 2/8/2012 $0.86 A00221860 VANBROCKLIN, GARY ALLEN R 064276 2/29/2012 $10.00 A00041984 VANDERWERFF, CODY WARREN 064717 4/5/2012 $9.50 A00042231 VANDEVER, RYAN 060179 7/21/2011 $0.48 A01890606 VARGAS, KENNETH ANTHONY Page 11 of 13 141 Whatcom County Jail Inmate Trust Fund Account Outstanding Checks - July 2011 to June 2012 Check No Issued Amount Number Name 064005 3/8/2012 $0.04 A00041939 VASQUEZ, RICARDO JUAN 065208 5/8/2012 $5.00 A00042417 VELDHUISEN, DARYL A 065572 6/5/2012 $0.98 A00037771 VELDHUIZEN, GARY ALLEN 062029 9/14/2011 $0.59 A00028376 VELIZ, ABRAM MARCELINO 064075 4/7/2012 $0.11 A00038281 VERGIEN, MATTHEW S 064021 3/15/2012 $0.62 A00225049 VILLARREAL, JESSE 062140 11/2/2011 $0.14 A00225272 VINKES, DARIN ALLEN 063137 12/6/2011 $2.34 A00041406 VISS ER, JERALD D 064807 4/23/2012 $3.97 A00222743 WACKER, JOHN CURTIS 065428 6/29/2012 $0.67 A00006486 WAGAR, SHAWN CRAWFORD KELLY 064001 3/7/2012 $0.44 A01892490 WALTERS, JESSE DALTON 064989 4/25/2012 $17.25 A00042335 WARD, SHAY ROXANNE 064033 3/20/2012 $0.05 A00040910 WARNER-CUPPLES, RACHEL ANN 065852 6/29/2012 $0.06 A00040365 WASISCO, LAWRENCE MICHAEL 061948 9/4/2011 $0.15 A00028483 WATTS, MICHAEL PHILLIP 061286 7/24/2011 $6.21 A01891077 WEBBERLEY, JORDAN MICHAEL _ 063391 12/22/2011 $41.72 A00041555 _ WERNER, LESLIE 062180 12/1/2011 $3.09 A00031217 WEST, ERIC ALLEN 064022 3/15/2012 $10.37 A00031217 WEST, ERIC ALLEN $13.46 064237 2/26/2012 $0.43 A00036998 WHALEN, CHAD NOLAN 063580 1/21/2012 $1.51 A00039900 WHITE, ALEXANDER ESAIA 063405 12/23/2011 $3.28 A00225315 WIGHT, ROBERT CHARLES 062657 11/1/2011 $9.07 A00041183 WILBUR, RAYMOND WARREN 061285 7/23/2011 $12.00 A00040547 WILLHITE, BRENNAN TAYLOR 065065 5/4/2012 $1.54 A00033936 WILLIAMS, ERICA ALLISON 062094 9/20/2011 $0.07 A00033936 WILLIAMS,ERICA ALLISON 063982 2/22/2012 $0.86 A00033936 WILLIAMS, -ERICA ALLISON $2.47 063191 12/13/2011 $0.07 A01892088 WILLIAMS, JULIE ANN 065077 5/5/2012 $3.15 A01892088 WILLIAMS, JULIE ANN $3.22 065418 6/21/2012 $0.47 A01889116 WILLIAMS, PHILLIP MICHAEL 065423 6/26/2012 $2.92 A00223935 WILSON, BRENT JAMES 065740 6/14/2012 $11.72 A01892867 WILSON, BRET TYLER 062909 11/20/2011 $0.54 A00225479 WILSON, CODY LEE 064732 4/7/2012 $0.23 A00225479 WILSON, CODY LEE $0.77 063506 1/7/2012 $1.08 A00025457 WILSON, RHONDA RENEE 065007 4/28/2012 $1.13 A0003786-5 WILSON, SARAH GENE 065047 5/2/2012 $1.13 A01887508 WILSON, SARAJEAN LOUISE 065560 6/4/2012 $0.46 A00042609 WINNIE, MICHAEL ANTHONY 064865 6/1/2012 $0.22 A00041720 WOOD, THOMAS J 064812 4/27/2012 $0.66 A00031515 YEUBANKS, KARA DIANE 063579 1/20/2012 $5.90 A00041718 YOFFA, MICHAEL CHARLES 064200 2/23/2012 $0.39 A00025870 YOUNG, SHALEEN MELINDA 065231 5/11/2012 $0.47 A00223501 YRIZARRIS, MICHAEL JOVANNY 061746 8/24/2011 $0.35 A00039831 ZAMORA, JASON ANOTHONY 063552 1/14/2012 $1.03 A00020150 ZAMUDIO, MONICA MARIE 063833 2/6/2012 $1.08 A00041822 ZEDIKER, TARYN WHITNEY Page 12 of 13 142 Whatcom County Jail Inmate Trust Fund Account Outstanding Checks - July 2011 to June 2012 Check No Issued Amount Number Name 063178 12/11/2011 $0.32 A00035823 ZIEMANN, DOUGLAS WILLIAM 064495 3/20/2012 $10.00 A00036733 ZOLLNER, JUSTIN MICHAEL 063317 12/15/2011 $1.84 A00003665 ZULICK, LIZABETH PAULINE $3,513.09 Page 13 of 13 143 qn! A -� !A WHAI'CUM C'UUNIT (-'UUIV(-IL A(j-EJVVA WILL 1VU. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: Dee ?112114 9/30/14 FINANCff Co-oncJ-1 Division Head: \�V Ay G 0 U NTY Dept Head: Prosecutor: j, lei tl Purchasing/Budget:0 Executive: ZC. TITLE OF D e Agreement wlCornwall Center A TTA CHMENTS. Proposed Lease Agreement SEPA review required? ) Yes ) NO Should Clerk schedule a hearing? Yes NO SEPA review completed? ) Yes ) NO Requested Date: SUMAIAR 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 RCWor WCC as appropriate. Be clear in explaining the intent of the action.) This lease agreement is between Whatcom County and Cornwall Center, Inc for the purpose of leasing raw land at the Civic Center Building Site. Lots 8 — 12, inclusive, Block 3, "Plat of Whatcom, Whatcom County, W.T.," now part of the consolidated City of Bellingham, Whatcom County, Washington, recorded in Book I of Plats, page 32, in the Auditor's Office of said County and State. COMMITTEEACTION.- COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. ivsvw.co.wliatconi.wa.tislcouiicil. 144 WHATCOM COUNTY ADMINISTRATIVE SEVICES Whatcom County Courthouse 311 Grand Ave, Suite 108 Bellingham, WA 98225-4083 FACILITIES MANAGEMENT 316 Lottie Street Bellingham, WA 98225-4010 Phone: 360.676.6746 Fax: 360.676.6789 Facilities@co.whatcom.wa.us ICHAEL RUSSELL Facilities Manager C El V "Di MEMO TO: Jack Louws, County Executive JACK LOUWS COUNTY EXECUTIVE FROM: Michael Russell, Facilities Manager DATE: September 11, 2014 RE: Lease Agreement for Civic Center Parking Lot Attached are two (2) originals of the Ground Lease Agreement for the Civic Center Annex Parking Lot between Whatcom County and Cornwall Center, Inc. for your review and signature. This agreement will provide the County with Parking Spaces for County Employees and Visitors at the Civic Center Annex. Lots 8 through 12, inclusive, Block 3, Plat of Central Whatcom, Whatcom County, W.T., "now part of the consolidated City of Bellingham, Whatcom County, Washington," as per the map thereof, recorded in Book 1 of Plats, page 32, in the Auditor's Office of said County and State. Amount for this Lease agreement is for $650.00 per month, with a 3% annual increase for three years, $32,632.00 - Funding for this agreement is in the current 2013-2014 budget - $7500/yr - 4026.6870. Please contact Michael Russell at extension 50575, if you have any questions or concerns regarding the terms of this agreement. Once signed, please contact our office at x50566 and we will be happy to come and pick them up. Thank you M WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. �0 Iq O((DF Originating Department: Facilities Management Contract or Grand Administrator: Michael Russell Contractor's/Agency Name: Cornwall Center, 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 Contact # VERY OLD from 1992_ Does contract require Council Approval? Yes ® No ❑ If No, include WCC (See Whatcom County Codes 3.06.010, WCC 3.08.090 and 3.08.100) Is this a grant Agreement? Yes ❑ No ® If yes, grantor agency contract number(s) CFDA # Is this contract grant funded? Yes ❑ No ® If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s) Cost Center: Is this agreement excluded from E-Verify? Yes ® No ❑ If yes, indicate exclusion(s) below: j Professional services agreement for certified/licensed professional ❑ 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 any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments) • Professional Services Agreement above $20,000 $_32,632 • Bid is more than $50,000 • 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: This rental agreement is between Whatcom County and Cornwall Center, Inc. for the rental of Civic Center Parking are for the purpose of 9 parking spots. Term of Contract: Expiration Date: December 31, 2017 1. Prepared by: 2. Attorney reviewed: T' 3. AS Facilities reviewed: 4. IT reviewed if IT related: 5. Attorney signoff: 6. G-efttA - signoff: 7. Submitted to Exec Office:" 8. Council approved (if necessary): 9. Executive signed: 10. Original to Council: ttal Date: Date: ; r' �5) ? Date: 4—1 Date: Date: + Date:-' Date: Date: Date: Date: 146 . w� A Whatcom County Lease Agreement # c200200 Administrative Services Department LEASE AGREEMENT THIS LEASE made this 15th day of March, 2014, by and between CORNWALL CENTER, INC. a Washington corporation, as Lessor, and WHATCOM COUNTY, a municipal corporation, as Lessee. ARTICLE 1.1 The Leased Premises. Lessor hereby leases to Lessee the following described real property situated in the City of Bellingham, County of Whatcom, State of Washington, and to -wit: (a) Description. Lessor owns five contiguous lots, consisting of raw land situated in the City of Bellingham, Washington, the aggregate of which is legally described as follows: Lots 8 through 12, inclusive, Block 3, "Plat of Whatcom, Whatcom County, W.T., "now part of the consolidated City of Bellingham, Whatcom County, Washington, as per the map thereof, recorded in Book 1 of Plats, page 32, in the Auditor's Office of said County and State. Said five lots of raw land as legally described are hereinafter referred to collectively as the "Premises". (b) Demise and Premises. Lessor hereby leases and demises unto Lessee, and Lessee hereby leases from Lessor and agrees to pay for, the Premises as hereinbefore described on the terms and conditions set forth hereafter. ARTICLE 2.1 (a) Use. It is the intention of the Lessee to utilize the Premises for approximately 10 additional parking spots for employees of Whatcom County. The Whatcom County Civic Center Building located at 322 N. Commercial, is a building situated on contiguous property owned by Lessee. Lessor hereby consents to such usage of parking. (b) Prohibited Uses. Lessee, its agents, invitees, licensees, permittees and employees shall not do, permit or suffer anything to be done in, on or about the Premises which will in any way create a nuisance or which shall otherwise be injurious to the public. ARTICLE 3.1 Term. The term of this Lease shall be for three years and shall commence on the 1st day of January, 2014, and shall terminate at midnight on the 315Y of December, 2017. A "Lease Year" shall commence on the 1st day of January each year and continue for one (1) year until midnight of the 31St day of December of such calendar year. Lease Agreement — Cornwall Center 147 ARTICLE 3.2 Extended Terms. Lessee will have the right to extend this Lease for five consecutive extension terms of five years each by providing the Lessor written notice of its intent to extend the term not less than 120 days prior to the end of each term. All terms and conditions of the original Lease shall stay in full for force and affect except: The lease term may not be renewed if the Lessee is in default in the performance of the terms and conditions hereof, including the payment of rent as herein provided, at the time the written notice of renewal is given, or if the Lessee intends to change the use of the Premises from anything other than the use outlined in Article 2. ARTICLE 4.1 Base Rent. Lessee agrees to pay Lessor as base rent for the Premises an annual rental of Seven Thousand Eight Hundred and No/One Hundred Dollars ($7,800.00). Commencing on the first day of this lease, and on the same day of each succeeding Lease Year during the term of this Lease, the annual rental shall be increased by Three Percent (3%) of that amount which is the equivalent of the rental agreed for the last preceding Lease Year. Annual rent shall be payable in 12 equal monthly installments for each 12-month term of this lease. Monthly rental shall be paid in advance on the first day of each calendar month during the term hereof. All payments of rent and other sums due hereunder shall be paid to the Lessor in lawful money of the United States at such place as Lessor may from time to time designate. Any monthly installment of rent shall be deemed delinquent if not received by Lessor or Lessor's designated manager by the fifteenth (15th) day of the month for which such monthly installment is due. Rental rates can be renegotiated at end of lease agreement. ARTICLE 4.1.1 Rental Deposit. No rent deposit is required. ARTICLE 4.1.2 Security Deposit. No security deposit is required. ARTICLE 4.2 Operating Expenses. ARTICLE 4.2.1 Net Lease. The purpose of this Article 4.2 is to ensure that, in addition to Base Rent, Lessee pays its Proportionate Share of all expenses relating to the use and maintenance of the Premises, except costs specifically assumed by Lessor according to other terms of this Lease. ARTICLE 4.2.2 Direct, Expense. The expenses listed in this Article 4.2.2 ("Direct Expenses") are to be paid directly by Lessee: ARTICLE 4.2.2.1 Utilities. Lessee agrees to pay before delinquency and at its sole cost and expense, all charges for utilities supplied to the Premises for Lessee' use. ARTICLE 4.2.2.2 Insurance Procured by Lessee. Throughout the Lease Term and any other period(s) of occupancy of the Premises by Lessee, Lessee shall, at Lessee's expense, obtain and maintain the attached insurance policy. See attached Whatcom County Certificate of Insurance, Lessor as Certificate Holder. The policies shall not be cancelable or subject to reduction of coverage until after thirty (30) days prior written notice to Lessor, or its Agent, and Lessor's lender, if any. If Lessee fails to maintain the required insurance, Lessor may but is not required to, procure the same at Lessee's expense. Lessor shall obtain and maintain Insurance on this Lease Agreement — Cornwall Center 148 property; Lessor shall not be exempt from liability for Lessor's errors or omissions, or for acts or occurrences unrelated to the use or activity of the County. ARTICLE 4.2.2.3 Personal Property Taxes - Not Applicable. ARTICLE 4.2.2.4 Licenses and Taxes. Lessee shall be liable for, and shall pay throughout the Lease Term, all license and excise fees and occupation taxes covering the County business conducted on the premises. If any governmental authority or unit under any present or future law effective at any time during the Lease Term shall in any manner levy a tax in any form against Lessor because of, or measured by, income derived from the leasing or rental of said property, such tax shall be paid by Lessee, either directly or through Lessor, and upon Lessee's default therein, Lessor shall have the same remedies as upon failure to pay Minimum Monthly Rent. It is understood and agreed, however, and then only to the extent that, the next income tax is a substitute for the real estate taxes. ARTICLE 5. Alterations, Repairs. Remodeling and Maintenance. It is recognized that certain alterations, repairs and remodeling (the "work") may be required to make the premises subject to this Lease suitable for Lessee's intended use. Either the Lessor, the Lessee, or both may be responsible for any future work, however, the Lessee is not directly, or indirectly responsible for the Lessor's work, assumes no liability for the Lessor's work, and shall not be in contractual privity with any contractor chosen by Lessor. Provided, however, that Lessee shall have the sole responsibility for the supply, installation and construction of certain additional improvements to the Premises to be performed solely by Lessee at Lessee's expense for any work not in the Lessor's scope of work. The Lessor, conversely, shall have no direct or indirect responsibility for the Lessee's work, assumes no liability for the Lessee's work and shall not be in contractual privity with any contractor chosen by the Lessee. After the completion of the work, Lessee shall, at its own expense and at all times, keep the premises neat, clean and in a sanitary condition and keep and use the premises in accordance with applicable laws, ordinances, rules, regulations and requirement of governmental authorities. The Lessee shall permit no waste, damage or injury to the premises open. No building construction, changes to the site grading of the Premises, or structural changes shall be made upon the leased Premises by the Lessee without the prior written approval of the Lessor which shall not be unreasonable withheld, and the Lessee shall at all times keep the leased Premises free and clear of any liens or claims for labor, materials, or otherwise arising from or on account of any alterations, repairs, remodeling or maintenance of the leased Premises. Lessee, with Lessor's prior written consent, shall have the right to further alter or remodel the Premises; provided, however, that such alterations or remodeling shall not adversely affect the structural integrity of or the external appearance of the leased Premises. Alterations that result in a change of use of the Premises shall require new negotiated lease terms between Lessee and Lessor. Lessee shall indemnify and hold the Lessor and leased Premises harmless from any claims or liens of any nature whatsoever with respect to such alterations or remodeling. Lease Agreement — Cornwall Center 149 Lessee agrees that at the expiration or sooner termination of this Lease, Lessee will quit and surrender the Premises without notice, and leave the same in a neat and clean condition. The Premises have been inspected by Lessee and are accepted by Lessee in their present condition and there are no plans to alter the leased premises. ARTICLE 6. Liens and Insolvency. Lessee shall keep the leased premises and the property in which the leased premises are situated, free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. In the event Lessee becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver assignee or other liquidating officer is appointed for the business of Lessee, then Lessor may cancel this Lease at Lessor's option. ARTICLE 7. Assignment and Subletting. Lessee shall not assign, rent or sublease any portions of this Lease or any extension thereof, without the prior written consent of Lessor which shall not be reasonable withheld and no right hereunder or in or to said premises shall pass by operation of law or other judicial process or through insolvency proceedings. Otherwise, the rights and obligations hereof shall extend to and be binding upon Lessee's respective successors, representatives and assigns as the case may be. Lessee will furnish Lessor with copies of all such sub -assignment, sublease or rental documents. For purposes of this Lease, any change of ownership including sale, liquidation or other disposition of all or substantially all of the corporate stock of Lessee shall will be considered and assignment. With the exception, it is understood that the premises will be used for the parking of County Vehicles and/or County employee parking. ARTICLE 8. Release of Subrogation. Each of the parties hereby mutually release each other from liability and waive all rights of recovery against each other for any loss in or about the premises from perils insured against under their respective fire insurance policies, including any endorsements thereof, whether due to negligence or any other cause; provided, that this section shall be inapplicable if it would have the effect, but only to the extent that it would have the effect, of invalidating any insurance coverage of Lessor or Lessee. ARTICLE 9. Access. Lessee will allow Lessor to have access to the premises at reasonable times, which will be exercised in such manner as not to interfere with the Lessee's business, for the purpose of examining premises. ARTICLE 10. Notice of Default. In the event that Lessor contents that Lessee is in any manner in default under the terms of this Lease, notice shall be given to Lessee as specified herein of such default or delinquency, and Lessee shall have thirty (30) days in which to correct the same, and no right of termination by reason of any actual or alleged default or delinquency shall exist in the event Lessee shall have corrected such default or delinquency within thirty (30) days of receipt of such notice. ARTICLE 11. Default and Re -Entry. If any rents remain unpaid when the same becomes due, or if Lessee shall violate or default in any of the covenants or agreements herein contained, then the Lessor may cancel this Lease upon giving notice as required herein and re-enter the premises, but notwithstanding such re-entry by Lessor the liability of Lessee for the rent provided Lease Agreement — Cornwall Center 150 for herein shall not extinguish for the balance of the term of this Lease and Lessee covenants and agrees to make good to the Lessor any deficiency arising from re -letting of the premises at a lesser rental than that to which the parties have herein agreed ARTICLE 12. Signs. Subject to obtaining Lessor's prior written consent and subject to issuance of permits by appropriate governmental agencies, Lessee may install signs customarily used in similar businesses; provided, however, no signs shall be erected and maintained that interfere with the normal use by other Lessees or tenants on the real estate covered hereby. ARTICLE 13. Non -Waiver of Breach. The failure of either party hereto to insist upon strict performance of any of the covenants and agreement of this Lease, 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. ARTICLE 14. Removal of Lessee's Property. At the end of the Lease term Lessee may remove its signs or other fixtures, equipment or facilities by it installed, except for permanent improvements it may have installed, provided that Lessee shall repair any damage occasioned by such removal and restore the premises to a neat and clean condition. ARTICLE 15. Binding Effect. This Lease shall be binding on the parties hereto, their successor and assigns. ARTICLE 16. Holdover. If the Lessee shall, with the consent of the Lessor, hold over after the expiration of the term of this Lease, such tenancy shall be for an indefinite period of time on a month to month tenancy, the parties hereto agree that the applicable rent shall be the same as set forth herein unless a different rate is agreed upon and they further agree to be bound by all of the terms, covenants and conditions as herein specified as far as applicable. ARTICLE 17. Condemnation. In the event of the condemnation of the leased premises, Lessee, shall be entitled to any and all awards or payment in the condemnation proceedings in respect to damage to Lessee's leasehold interests in the premises, any improvements placed by Lessee, and the damage to Lessee as a result of its business interruption. ARTICLE 18. Notice to Lessee. Any notices required to be served on Lessee in accordance with the terms of this Lease shall be sent by certified mail, return receipt requested as follows: Whatcom County 316 Lottie Street Bellingham, WA 98225 or to such address or addresses as Lessee may in writing supply. ARTICLE 19. Notice to Lessor. Any notice required to be served on Lessor in accordance with the terms of the Lease shall be sent by Certified Mail, return receipt, requested, as follows: Cornwall Center, Inc. Lease Agreement — Cornwall Center 151 c/o Betty Miller 818 Racine Street Bellingham, WA 98226 ARTICLE 20. Guarantor. In the event that there is a Guarantor of this Lease, the Guarantor shall have the same obligations as Tenant under this Lease. ARTICLE 21. Governing Law: Venue. This Lease is to be governed by and construed in accordance with the laws of the State of Washington. Lessor and Lessee hereby agree that venue of any action between the parties relating to this Lease will be in Whatcom County, Washington. ARTICLE 23. Attorney Fees: Costs. In the event either party requires the services of an attorney in connection with enforcing the terms of this Lease, on in the event suit is brought for the recovery of any sums due under this Lease or for the breach of any covenant or condition of this Lease or for the restitution of the premises to Lessor or eviction of Lessee during the lease term or after the expiration thereof, each party agrees to pay their own attorney's fees and all costs incurred in connection therewith, including, without limitation, the fees of accountants, appraisers and other professionals, whether at trial, on appeal or without resort to suit. ARTICLE 24. Termination for Public Convenience: The County or Lessor may terminate the Agreement in whole or in part whenever either party determines, in its sole discretion that such termination is in the interests of either party, Termination of this agreement by either party at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County or Lessor. ARTICLE 25. Entire Agreement. The entire agreement between the parties hereto is contained in this Lease and the exhibits thereto, and this Lease supersedes all of the parties' previous understandings and agreements, written and oral, by written instrument executed by the parties subsequent to the date hereof. IN WITNESS WHEREOF, the parties hereto have executed this Lease in duplicate the day and year first above written. DATED this -1 day of 2014. Lease Agreement — Cornwall Center 152 I *101T:1 CORNWALL CENTER, INC. By: William R Eiford, . It's Wesident STATE OF ss. COUNTY OF_rC� ) JENNIFER HOLMES On this day of ?<44"I't .. , 201 , before me personally Notary Public appeared William R Eiford, Jr, to me known to be the President of State of Idaho Cornwall Center, Inc., and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof NOTARY PUBLIC4u-afid for the State of on, residing at: 1,Commission Expires: LESSEE Whatcom County Executive, Jack Louws STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of 2014, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at: My Commission Expires: Approved as to form: Prosecuting Attorney Date Lease Agreement — Cornwall Center 153 NOTICE: ORDER NO: 71817 This sketch is furnished as a courtesy only by First American Title Insurance Company, and it is NOT a part of any Title Commitment or Policy of Title insurance. This sketch is furnished solely for the purpose of assisting in locating the premises and does not purport to show all highways, roads, or easements affecting the property. No reliance should be placed upon this sketch for the location or dimensions of the property and no -liability is assumed for the correctness thereof. yylo . ER •AC. ., s v E3tD OF UaA�rtdM C,E�Icyj�i WHATCOM COUNTY COURT HOUSE x i4`I 3� CD aS / a® 84 WIIArCav atx d' CENTRAL. DRD1N.9843 AF.16418461 u . x �•nm ' C 154 NOT TO SCALE 6L I M �KETI • i ii t �l2yS t� 1> yt i f 0lSC�LINT i C t! iy WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-311 CLEARANCES Initial Date Date Received in Council Office 4Vnda Date Assigned to: Originator V , 09/17/14 f( UP 09/30/14 Finance/Council Division Head: P "31, Dept Head: Prosecutor- M-14"N"O"""OhA COUNTY UN C I L Purchasing/Budget: 09P17/14 Executive: TITLE OF DOdMM�Vpr'ovallo Purchase Snow and Ice Control Products (road salt) 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 RCIff or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase Snow and Ice Control Products (road salt) for the remainder of 2014 through September 2015 using the Washington State Contract #02714. The vendor is LTI, Inc. Snow and ice control materials are purchased on an as needed basis. The total annual expenditure for snow and ice control products 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. Pleas 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. 155 WHATCOM COUNTY ADMINISTRATIVE SERVICES DATE: September 17, 2014 -1c '0M co FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 5�„���®� Bellingham WA 98225-4082 Brad Bennett, Finance Manager TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Approval to Purchase Snow & Ice Control Products • Background & Purpose Public Works Equipment Services is requesting approval to use the Washington State contract to purchase their annual supply of snow & ice control products to de-ice county roads as needed for the remainder of 2014 through August 2015. The contract lists various vendors, including LTI, Inc. of Lynden. LTI, Inc. is the local authorized dealer in the northwest region for the supply of road salt. Product is purchased on an as needed basis. Depending on weather, annual expenditures could be $80,000.00. Funding This is a regularly budgeted item and funds exist in the current budget. I concur with this recommendation. AS Finance Manager Approved as recommended: County Executive Date of Council Action 156 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director e co m Co MI NG-to Al1 1610111k'1BillJ,� 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 ,J THROUGH: Frank M. Abart, PW Director FROM: Eric L. Schlehuber, PW Equipment Services Manager S Jeff Gollen, PW Maintenance & Operations Superintendent RE: Washington State Contract 02714 (Snow & Ice Control Products) DATE: September 9, 2014 ■ Requested Action I am requesting Executive approval to purchase the following material as needed from the Washington State Bid Procurement List for the remaining of 2014 through August 17, 2015 (current state contract term is for the period of 08/18/2014 through 08/17/2015). MATERIAL SWE CONTRACT # EXPtRATidN DATE Ai?PRt3X1MATE ANNUAL Ei�AEFIplTURE Snow & Ice Control Products 02714 August 17, 2015 $ 80,000 This state contract has been awarded to LTI, Inc., located in Lynden, Washington and is the local authorized dealer in the northwest region for road salt (PNS Category 8). ■ Background and Purpose The Maintenance & Operations Division of the Public Works Department uses these materials regularly to de-ice county roads during the winter season. This agreement is for the purpose of providing undried road salt throughout the year to be used on county roads as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2013-2014 Budget process. Expenditures were $42,812 for 2012, $42,860 for 2013, and year-to-date 2014 of $39,860. ■ Recommended Action Please approve this purchase from the state contract and forward to the Executive and the Whatcom County Council for approval at the September 30, 2014 Whatcom County Council Meeting. Please contact Jeff Gollen at extension 50660 or Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 157 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2014-312 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator:09/17/14 2 [J' 14 09/30/14 Finance/Council Division Head: Dept Head: a. l COUNTY Prosecutor q a COUNCIL Purchasing/Budget: 09/17/14 Executive: S2, A TITLE OF DOWOE: pproval to Purchase Auto Accident, Management Services (auto body repair services) 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 body repair services for the remainder of 2014 through September 2015 using the Washington State Contract #01909. Services are handled through The CEI Group, and the authorized local vendor is Gitt's Autobody. Purchases are based on actual need and annual expenditures could reach $80,000.00. This is a regularly budgeted expenditure. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. tPleatse-e Note: Once adopted and signed, ordinances and resolutions are available for viewing and s rinting on the County's website at. www.co.whatcom.wa.uslcouncil. printing 158 WHATCOM COUNTY ADMINISTRATIVE SERVICES �01 FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager DATE: September 17, 2014 TO: Jack Louws, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Vehicle Body Repair Services ■ Background & Purpose Public Works Equipment Services is requesting approval to use the Washington State Contract to purchase auto body repair services for the remainder of 2014 through September 2015. The state contract is awarded to The CEI Group, and the local authorized vendor is Gitt's Autobody. Repair services are purchased on an as needed basis. Anticipated expenditures are approximately $80,000.00 each year. ■ Funding This is a regular planned purchase and funds exist in the current budget. I concur with this recommendation. AS Finance Manager Approved as recommended: County Executive Date of Council Action WIL61 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 #e171) I.i FROM: Eric L. Schlehuber, PW Equipment Services Manager (iP RE: Washington State Contract 01909 (Auto Accident Management Services) DATE: September 9, 2014 ■ Requested Action I am requesting Executive and Council approval to purchase auto body work as needed from the Washington State Bid Procurement List during the remaining of 2014 through September 7, 2015 (current state contract term is for the period of 09/08/2009 through 09/07/2015). MATERIAL STATE CONTRACT # EXPIRATION DATE APPROXIMATE ANNUAL EXPENDITURE Auto Accident Management Services 01909 September 7, 2015 $ 80,000 This state contract has been awarded to the CEI Group; Gitt's Autobody in Bellingham, Washington is the local authorized vendor. ■ Background and Purpose The Equipment Services Division of the Public Works Department uses local vendors regularly for all body repairs on county vehicles and equipment. With the rise in vehicle prices and associated costs to repair, three quotes are required for repairs $5,000 or more. The three quote process for repairs is time consuming, both for the vendors to quote and the county to administer. This delay is problematic and only increases the downtime for the damaged vehicle or equipment. This will additionally streamline and save administrative overhead costs. This agreement would provide at least one local vendor service throughout the year to be used on county's vehicles and equipment as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for auto body repairs, which is used on an annual basis as needed and has been budgeted during the 2013-2014 Budget process. Expenditures were $50,710 for 2012, $46,819 for 2013, and year-to-date 2014 of $29,403. ■ Recommended Action Please approve this purchase from the state contract and forward to the Executive and the Whatcom County Council for approval at the September 30, 2014 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 160 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-313 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: twh 913114 �� t`_.= I Sept. 30, 2014 FINANCE/council Division Head: N k Dept. Head: 01 I o q Prosecutor: A . �.. i ., y.., M COUNTY p (, 0 UNCI L Purchasing/Budget: < Executive: TITLE OFD T: Lease for Avocet Environmental space at State Street ATTACHMENTS: Memorandum, Lease 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.) The County Executive respectfully requests approval to sign this lease contract allowing Avocet Environmental Lab to continue utilizing a portion of the building located at 1500 State Street. This lease formalizes those terms outlined in the Purchase and Sale Agreement signed on June 16, 2014. 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.wliatcom.wa.us/council. 161 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 TO: Whatcom County Council me FROM: Jack Louws, County Execu ve .40 RE: Lease for a portion of 1500 Statetreet by Avocet Labs DATE: September 19, 2014 Jack Loms County Executive Enclosed are two (2) originals of a lease agreement between Whatcom County and Avocet Environmental Lab for your review and approval. This is a two-year lease agreement which forms a part of the Purchase and Sale Agreement on the 1500 N. State Street property. The lease's terms, conditions and rent are consistent with the Purchase and Sale Agreement previously approved by the County Council. 162 Office (360) 676-6717 FAX (360) 676-6775 TRS: 711 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET o j / Originating Department: Executive Office Contract or Grant Administrator: Tawni Helms Contractor's / Agency Name: Avocet Environmental Lab 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 © If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: Is this agreement excluded from E-Verify? No ❑ Yes © If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑x Contract work is for 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 Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): $ • Professional Services Agreement above $20,000. This Amendment Amount: • Bid is more than $50,000. • 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: Two year lease agreement between Whatcom County and Avocet Environmental Lab for the use of space located at 1500 N. State Street. Term of Contract: Two Years Expiration Date: June 30, 2016 Contract Routing: 1. Prepared by: Tawni Helms 2. Attorney signoff. 3U+✓n E%�v 3. AS Finance reviewed:s 4. IT reviewed (if IT related): 5. Contractor signed: V, 6. Submitted to Exec.: 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: Date: September 3, 2014 Date: p /!v d� Date: Date: Date: Date:-�-/ Date: Date: Date: 163 NIN G:.: � COU m CONTRACT NO. I LEASE � I o 0 �I . �._ This lease is made this 1st day of July, 2014, by and between WHATCOM COUNTY, hereinafter referred to as LANDLORD, and AVOCET ENVIRONMENTAL LAB, hereinafter referred to as TENANT. PREMISES. LANDLORD hereby leases to the TENANT and TENANT leases from the LANDLORD for the term of this lease, at the rental price, and upon the conditions set forth below, a portion of the premises located upon the real property situated in the City of Bellingham, County of Whatcom, State of Washington, LOTS 6-8 BLK 74, NEW WHATCOM, commonly known as 1500 N. State Street, This lease shall be for four thousand three hundred sixty seven square feet (4,367 sq. ft.) of laboratory and office space. 2. TERM. The term of this lease shall be for two years commencing July 1, 2014. However, the landlord may choose to terminate the agreement prior to the full lease term. If this company is asked to vacate the premises, the landlord is to provide written notice to the tenant of not less than one year, as outlined in section 25 of the Whatcom County Real Estate Purchase and Sale Agreement signed on June 16, 2014. 3. RENT TENANT shall pay to LANDLORD as basic rent $2000 per month from July 1, 2014 through June 30, 2016, together with Leasehold Taxes as required by RCW 82.29A.030 and 82.29A.040 at the rate of 12.84% of monthly rent. Rent and leasehold tax payment shall be delivered on or before the first day of each month for the full month of occupancy. Should occupancy not encompass the full month at the beginning or ending of the lease term, rental amount shall be prorated by dividing the monthly amount by 30 and then multiplying the daily amount so determined by the number of days of occupancy for those respective months. All rent shall be payable in lawful money of the United States' on or before the first day of each calendar month of the term, without any deduction or offset. A late charge of twenty-five dollars ($25.00) per day shall be charged whenever TENANT does not deliver said rent on or before the tenth day of each month. A failure to pay rent by the 161h day of the month is deemed a material breach of this contract. Failure to promptly pay late fees is deemed a material breach of this contract. MAINTENANCE REPAIRS AND ALTERATIONS. A. Except for damage caused by TENANT, its agents or invitees, the LANDLORD shall keep in good condition and repair all exterior portions of the premises, the foundation, exterior walls, roof, main water service, main electrical service, heating, ventilation, exterior windows, sewer system, storm drains, landscaping, curbs, gutters, common areas, and all related items at no additional cost to TENANT. B. LANDLORD shall maintain and repair the structural elements of the Building (roof, walls, HVAC, water supply to the space, restroom, lighting, and power). C. Equipment provided by the Tenant shall be maintained by the Tenant (lab equipment, hoods, lab sinks and drains, hoses, pipes, tubes and all other equipment associated with the Lab). At the termination of the term, TENANT shall deliver up possession of the interior of the premises in good condition and repair, only ordinary wear and tear excepted. Avocet Environmental Lab and Whatcom County Page 1 of 7 164 The TENANT agrees that it will at all times indemnify and hold LANDLORD harmless against all actions, claims, demands, costs, damages, or expenses of any kind on account thereof, including costs of defense, which may be brought or made against the LANDLORD or which the LANDLORD may pay or incur, by reason of the TENANT'S or its agents', employees' or representatives' negligent, reckless, or intentionally wrongful performance or failure to perform any of its obligations as the Tenant. The LANDLORD agrees that it will, at all times, indemnify and hold the TENANT harmless against all actions, claims, demands, costs, damages, or expense of any account thereof, including costs of defense which may be brought or made against the TENANT or which the TENANT may pay or incur, by reason of the LANDLORD'S or its agents', employees' or representatives' negligent, reckless, or intentionally wrongful performance or failure to perform any of its obligations as the Landlord. MUTUAL WAIVER OF SUBROGATION. Whether the loss or damage is due to the negligence of either LANDLORD or TENANT, their agents or employees, LANDLORD and TENANT hereby release each other from responsibility for, and waive their entire claim of recovery against the other for (i) any loss or damage to the real or personal property of either located anywhere in the building, including the buildings itself, arising out of or incident to the occurrence of any perils which are covered by their respective fire insurance policies, with extended coverage endorsements, or (ii) loss resulting from business interruption at the premises or loss of rental income from the building. 7. DAMAGE OR DESTRUCTION. A. If during the term of this Lease the Premises are totally or partially destroyed, or any other portion of the Building is damaged in such a way that results in material interference with TENANT'S use of the Premises from a risk which is or is not wholly covered by insurance, LANDLORD shall proceed with reasonable diligence to repair the damage or destruction and the Lease shall not be terminated; provided, however, that if in the opinion of the LANDLORD'S architect, the work of repair cannot be completed in One Hundred Twenty (120) days, either party may at its election terminate the Lease upon written notice given to the other party. B. In case of destruction or damage which materially interferes with the TENANT'S use of the Premises, where the Lease is not terminated as above provided, rent shall be abated during the period required for the work or repair based upon the degree of interference with TENANT'S use of the Premises. Except for abatement of rent, TENANT shall, consistent with #6 above, have no claim against LANDLORD for any loss suffered by TENANT due to damage or destruction of the Premises or any work or repair undertaken as herein provided. 8. UTILITIES TAXES AND INSURANCE. The LANDLORD shall be responsible for paying any and all utilities. As noted in #3 above, the TENANT shall be responsible for paying the leasehold tax as required by RCW 82.29A.030 and 82.29A.040 at the rate of 12.84% of monthly rent. LANDLORD, upon receipt of the leasehold tax, shall remit that amount to the Department of Revenue. Both LANDLORD and TENANT shall also carry insurance against the risk of fire, other property damage and casualty, as well as commercial and general liability. Copies of the insurance carried by LANDLORD and TENANT are attached hereto as Attachment C. LANDLORD and TENANT agree to maintain their respective policies, or their equivalent, in full force and effect during the life of this lease agreement. ASSIGNMENT AND SUBLETTING. Avocet Environmental Lab and Whatcom County Page 2 of 7 165 TENANT shall not voluntarily or by operation of law assign any part of TENANT'S interest in the Lease for Avocet Laboratory purposes or in the Premises without LANDLORD'S prior written consent, which shall not be unreasonably withheld. Any attempted assignment, transfer, mortgage, encumbrance, or subletting without such consent shall be void and shall constitute a breach of this Lease. 10. TENANT'S DEFAULT AND REMEDIES. A. The occurrence of any one or more of the following events shall constitute a default and breach of the Lease by TENANT. i) The failure by TENANT to make any payment of rent or any other payment required to be made by TENANT hereunder, as and when due. ii) The failure by TENANT to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by TENANT, other than described in subparagraph (i) above, where such failure shall continue for a period of thirty (30) days after written notice thereof from LANDLORD to TENANT; provided, however, that if the nature of TENANT'S default is such that more than thirty (30) days are reasonably required for its cure, then TENANT shall not be deemed to be in default if TENANT commences such cure within said thirty day (30) period and thereafter diligently prosecutes such cure to completion. B. In the event of any such default or breach by TENANT, LANDLORD may at anytime thereafter, with or without notice or demand and without limiting LANDLORD in the exercise of any other right or remedy which LANDLORD may have by reason of such default or breach, terminate this Lease and all rights of TENANT hereunder by giving TENANT written notice of such termination. If LANDLORD so terminates this Lease, then LANDLORD may recover from TENANT the sum of the monetary value at the time of payment of any unpaid rent which had been earned at the time of termination; C. Upon an Event of Default and giving notice of termination to TENANT, LANDLORD shall also have the right to re-enter the Premises and remove all persons and property therefrom. LANDLORD may cause property so removed from the Premises to be stored in a public warehouse or elsewhere at the expense and for the account of TENANT. D. None of the following remedial actions, singly or in combination, shall be construed as an election by LANDLORD to terminate this Lease unless LANDLORD has in fact given TENANT written notice that this Lease is terminated or unless a court of competent jurisdiction decrees termination of this Lease: any act by LANDLORD to maintain or preserve the Premises; any efforts by LANDLORD to relet the Premises; or the appointment of a receiver, upon the initiative of LANDLORD, to protect LANDLORD'S interest under this Lease. 11. DEFAULT BY LANDLORD. In the event LANDLORD defaults under any term(s) or condition(s) of this Lease to perform its obligations within a reasonable time frame, but in no event longer than thirty (30) days following receipt of written notice from TENANT of such default, then in such event TENANT is hereby given the right to rectify such default on behalf of the LANDLORD and deduct the actual cost of such work required from the subsequent monthly rental payment until TENANT is fully reimbursed. Avocet Environmental Lab and Whatcom County Page 3 of 7 166 In the event TENANT, in its sole discretion, elects not to complete said improvements, or to otherwise rectify the situation caused by LANDLORD'S default, TENANT may following thirty (30) days prior written notice of its intention to do so, terminate this Lease, and all rights and liabilities of the parties herein will thereby cease. 12. CONDEMNATION. A. For purposes of this Paragraph: i) "Condemnation" means (a) the exercise of any governmental power, whether by legal proceedings or otherwise, by a condemner and (b) a voluntary sale or transfer by LANDLORD to any condemner, either under threat of condemnation or while legal proceedings for condemnation are pending. ii) "Date of taking" means the date the condemner has the right to possession of the property being condemned. iii) "Award" means all compensation, sums or anything of value awarded, paid, or received on a total or partial condemnation. iv) "Condemner' means any public or quasi -public authority, or private corporation, or individual, having the power of condemnation. B. If during the term the building is totally taken by condemnation, this Lease shall terminate on the date of taking. C. If during the term any portion of the Building, if any, is taken by condemnation this Lease shall remain in effect, except that TENANT may elect to terminate the Lease if such taking renders the Premises reasonably unsuitable for the TENANT'S continued use and occupation and if said condemnation cannot be remedied by LANDLORD within ninety (90) days of the taking. If TENANT elects to terminate the Lease pursuant to this provision, TENANT must do so by written notice given to the LANDLORD no later than sixty (60) days after the taking. If TENANT does not terminate the Lease within such period, the Lease shall continue in full force and effect, subject to abatement of rent as provided below. D. If any portion of the building or, if any, is taken by condemnation and this Lease is not terminated, on the date of taking there shall be a prorate reduction in the rental rate as to that portion taken. E. The award shall belong to and be paid over to the LANDLORD. TENANT waives any interest therein based upon the value of its leasehold interest hereunder, excepting any claim TENANT may have against the condemner only for TENANT'S moving expenses. F. Nothing in this agreement shall give the LANDLORD, as a governmental body, any special right to condemn and/or request rights of condemnation beyond those normally given through normal action of law. 13. NOTICES. Any notice to be given by either party shall be in writing and shall be either personally delivered or mailed by certified mail, postage prepaid, to the LANDLORD at the office where rent is payable as provided above and to the TENANT at the Premises. 14. SUBORDINATION. Avocet Environmental Lab and Whatcom County Page 4 of 7 167 A. This Lease, at LANDLORD'S option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, TENANT'S right to quiet possession of the Premises shall not be disturbed if TENANT is not in default and so long as TENANT shall pay the rent and observe and perform all of the provisions of this Lease, unless this is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to TENANT, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior to or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. B. TENANT agrees to execute any documents required to effectuate such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be, within thirty (30) days after written demand for LANDLORD. 15. FORCE MAJEURE. Time periods for LANDLORD'S or TENANT'S performance under any provisions of this Lease shall be extended for periods of time during which the non -performing parry's performance is prevented due to circumstances beyond the parry's control, including without limitation, strikes, embargoes, governmental regulations, acts of nature or war, and related strife. 16. GENERAL PROVISIONS. A. This Lease shall be governed by and construed in accordance with the laws of the State of Washington. The venue of any dispute will be Superior Court of Whatcom County, Washington. B. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. C. This Lease contains all agreements of the parties with respect to any matter mentioned herein. This Lease may be modified in writing only, signed by the parties. D. No waiver by LANDLORD of any provision hereof shall be deemed a waiver of any other provision, nor shall any subsequent breach by TENANT of the same or any other provision authorize or approve any subsequent breach by TENANT. The acceptance of rent hereunder by LANDLORD shall not be a waiver of any preceding breach by TENANT of any provision hereof, other than the failure of TENANT to pay the particular rent so accepted, regardless of LANDLORD'S knowledge of such preceding breach at the time of acceptance of such rent. E. If TENANT remains in possession of the Premises or any part thereof, after the expiration of the term hereof with the consent of LANDLORD, such occupancy shall be a tenancy from month to month at a rental in the amount of the last month's rental during the term plus all other charges payable hereunder, upon all the terms hereof. F. No remedy or election hereunder shall be deemed exclusive, but shall, whenever possible, be cumulative with all other remedies at law or in equity. G. Each provision of this Lease performable by TENANT shall be deemed both a covenant and a condition. Avocet Environmental Lab and Whatcom County Page 5 of 7 168 H. Subject to the provision of this Lease restricting assignment or subletting by TENANT, this Lease shall bind both the LANDLORD and TENANT, their personal representatives, heirs, successors and assigns. I. LANDLORD and LANDLORD'S agents shall have the right to enter the Premises during TENANT'S normal business hours by appointment for the purpose of inspecting the same, showing the same to prospective purchasers, or lenders and making such alterations, repairs, improvements or additions to the Premises or to the building of which they are a part as LANDLORD may deem necessary or desirable. LANDLORD may at any time place on or about the Premises any ordinary "For Sale" signs and LANDLORD may at any time during the last one hundred twenty (120) days of the term hereof place on or about the Premises any ordinary "For Sale or Lease" signs, all without rebate of rent or liability to TENANT, upon receiving TENANT'S written approval, which shall not be unreasonably withheld. J. The voluntary or other surrender of this Lease by TENANT, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of LANDLORD, operate as an assignment to LANDLORD of any or all of such subtenancies. K. The term "LANDLORD" as used herein means the owner of the building. In the event of a sale of such building LANDLORD shall automatically be relieved of all obligations of LANDLORD hereunder, except for acts or omissions of LANDLORD theretofore occurring. In the event of a sale of such building, the Purchaser of said building shall assume all of the LANDLORD's obligations under this lease agreement. L. Possession under terms of this lease shall be conditional on approval by necessary licensing authorities as to use of Premises as stated and if denied shall release both TENANT and LANDLORD from this Lease. 17. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement, except a claim for injunctive relief, shall be settled by arbitration through Whatcom County Superior Court's procedures. The procedure for selection of the single arbitrator and the rules under which the arbitrator shall conduct the arbitration and make the award shall be determined in accordance with the Washington State Superior Court Mandatory Arbitration Rules and Whatcom County Superior Court Local Mandatory Arbitration Rules as they now exist or may hereafter be amended. Judgment upon the award may be entered in such court and thereafter in any court having competent jurisdiction in the matter. The arbitrator shall have full power under law and equity to conform final resolution of any dispute without regard to any monetary limits that may then otherwise be in force under the rules of arbitration then in existence in Whatcom County, Washington. IN WITNESS WHEREOF, the parties have caused this Lease to be executed this _ day of 2014. TENANT: c )ARY (AOLDC�L f the AVO`CE`1= ENVIRONMENTAL LAB Avocet Environmental Lab and Whatcom County Page 6 of 7 169 STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) On this J day of 2014, before me personally appeared GARY GOLDFOGEL, for the AVOCET ENVIRONMENTAL LAB to me known to be the individual described herein and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. A, LANDLORD: WHATCOM COUNTY JACK LOUWS, Whatcom County Executive STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) NOTARY IOUBLIC in and for the State of Washington: Residing at Bellingham My Commission Expires: 12-311 4 - ° �oTAR1� N°tO WL) Pt1Bt.`'o �A On this _ day of , 2014, before me personally appeared JACK LOUWS, to me known to be the County Executive of WHATCOM COUNTY, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington: Residing at Bellingham My Commission Expires: APPROVED AS TO FORM: .., Daniel L. Gibson Chief Civil Deputy Prosecuting Attorney, Whatcom County Avocet Environmental Lab and Whatcom County Page 7 of 7 170 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-314 CLEARANCES Initial Date Date Received in Council Of fice Agenda Date Assi nett to: on inator:• DH 912312014 (v '� � � �� �L_= ��� tl It 9/30/14 Finance/Council Division Head: E P 3 2014 � �, Y lYHA TC r . ti CN Dept. Head. Prosecutor: !' ! � �>>�.� Purchasing/Budget: z1A Fxecutive:' I TITLE OF D U N : Resolution to set hearing to sell Tax -Title property by negotiation Reg. #TR2014-01 ATTACHMENTS: Map & Property Profile 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 The Property Management Committee determined the property be sold by negotiation as per R.C.W. 36.35.150(4); when no acceptable bids were received at the attempted public auction of the property, if the sale is made within twelve month from the date of the attempted public auction. Parcel No. 380125.312183.0000 / PID 40193 KEL BAY NUMBER 2 SOUTH 60 FEET OF LOT 65, AS PER MAP THEREOF, RECORDED IN BOOK 9 PLATS, PAGE 23, WHATCOM COUNTY, WASHINGTON TWN 38N RGE 01 E SEC 25 For no less than the principal taxes, interest, penalties, title search and foreclosure costs of $1,877.53 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 Ion the Coun 's website at: www.co.whatcom.wa.us/council. 171 SPONSORED BY: PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. TO SET HEARING AND NOTICE OF HEARING OF THE SALE OF COUNTY TAX TITLE PROPERTY BY NEGOTIATION REQUEST NO. TR2014-01 1 WHEREAS, the following described property is now, and has been the property of 2 the County of Whatcom, State of Washington since: as noted per parcel below; and, 3 WHEREAS, the Whatcom County Property Management Committee recommends 4 the resolution be passed to effectively meet the legal requirement for the disposal by 5 negotiation pursuant RCW 36.35.150(4) when no acceptable bids were received at the 6 attempted public auction of the property, if the sale is made within twelve month from the 7 date of the attempted public auction; and, 8 WHEREAS, the Whatcom County Property Management Committee recommends 9 its sale by negotiation; and, 10 WHEREAS, the Whatcom County Property Management Committee recommends 11 the Whatcom County Treasurer enter into negotiations with the applicant; and, 12 WHEREAS, the principal taxes, interest, penalties, title search and foreclosure costs 13 total 1 877.53; and, 14 WHEREAS, the Whatcom County Council does deem it in the best interest of the 15 County and the people thereof that said property be sold for no less than the principal 16 taxes, interest, penalties, title search and foreclosure costs; and, 17 WHEREAS, Resolution 95-005 designated the Whatcom County Treasurer as 18 negotiator in such sales; and, 19 WHEREAS, RCW 36.35.120 requires the Council to establish the minimum price for 20 said units of property and to determine whether or not a contract will be allowed, or if it will 21 be a cash price; 172 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 5 M 41 42 43 44 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the County to sell for a price to be negotiated by the Whatcom County Treasurer, the following Tax -Title property acquired 11/22/2013, Parcel No. 380125.312183.0000 / PID 40193 KEL BAY NUMBER 2 SOUTH 60 FEET OF LOT 65, AS PER MAP THEREOF, RECORDED IN BOOK 9 PLATS, PAGE 23, WHATCOM COUNTY, WASHINGTON TWN 38N RGE 01 E SEC 25 For no less than the principal taxes, interest, penalties, title search and foreclosure costs of $1,877.53 BE IT FURTHER RESOLVED by the Whatcom County Council, that a public hearing on the matter of the sale of said property, under said terms, be held on the day of 2014, at p.m., at the , Whatcom County, Washington; and, BE IT FURTHER RESOLVED that the Clerk of the Whatcom County Council shall give notice of such hearing in the manner prescribed by law under RCW 36.34.030. APPROVED this day of 2014 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Chair of the Council 45 APPROVED AS TO FORM: 46 47 Civil Deputy Prosecuting Attorney 173 SHOREWOOD {ID 46193 Ito 1, BAYSHORE 174 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2 014 - 315 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: MM 9119114 ICZ 9130114 Public Works, Health and Safety Division Head. Dept Head: qh?h 3 2 U I Prosecutor: WHAI-COM COUNTY Purchasing/Budget: COUNCIL Executive: TITLE OF DoOtUHtNT. Discussion regarding Council's desire for additional information related to the East Whatcom Coalition for Safe and Healthy Communities (EWC4SHQ. ATTACHMENTS: 1. Background materials: a. EWC4SHC Progress Report — May 2014 b. EWC4SHC Project List —August 2014 c. Deming walk audit report d. Kendall Columbia Valley Connectivity Plan Project Brief Z EWC4SHC Presentation Slides 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 apublic hearing, you must provide the language for use in the required public notice. Be specific and cite RCWor WCC as appropriate. Be clear in explaining the intent of the action.) This will give Council an opportunity to learn more about the work of the citizen -led East Whatcom Coalition for Safe and Healthy Communities to improve safety on state highways for all users of all transportation modes in east Whatcom County. Health department staff will also describe the support they provide to the coalition. 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 wehsite at: www.co.whatcom.wa.uslcouncil. 175 Williams Pipeline, Whatcom Educational Credit Union (WECU), Chuckanut Health Foundation, Friends of Deming Library, Mt. Baker School District (MBSD), Northwest Washington Indian Health Board (NWWIHB), Washington State Department of Transportation (WSDOT), Whatcom Council of Governments (WCOG), Whatcom County Plan- ning and Public Works, Washington State Traffic Safety Commission( WSTSC), East Whatcom Coalition for Safe & Healthy Communities(EWC4HSC), Nooksack Indian Tribe, Feet First, Whatcom County Health Department, and the N000ksack River Casino :W IB library system NOQKS;ACK iEiVETi...".Agf176 v 176 EAST WHATCOM COALITION FOR SAFE AND HEALTHY COMMUNITIES 49! Vo�,, ii aku ignwey r!l gl am A/A 98226 360-5=>2 15 mtkira8@rror .i _on, The following is a list of priority projects identified by EWC4SHC to improve safety for all transportation users in east Whatcom County: M 9 9 SR 542 Compact Roundabout - Nooksack SR 547 Non -motorized connection River Casino/Deming library* Kendall Elementary to roundabout* - Total cost estimate: $250,000 to $500,000 Phase It Total cost estimate: $80,000 to $120,000 ■ Reduces motor vehicle speeds through Deming community ■ Creates safe pedestrian crossing of SR 542 for Mt. Baker Jr/Sr ■ Creates safe pedestrian crossing to complete key piece High school students, Head Start students and other library of connection between Urban Growth Area and school, users library, transit stops and stores ■ Project located within existing roadway footprint ■ Project located within existing state ROW SR 547 SR 542 Roundabout Mitchell Rd* SR 547 Kendall/Columbia Valley non - Total cost estimate: $3.0 million motorized facility* - Phase III+ Total cost estimate: $4-7million ■ Allows safer turns for Mt. Baker school buses accessing or leaving the school via Mitchell Rd Creates non -motorized transportation link for over ■ Reduces motor vehicle speeds through the Deming community 4,000 residents of the Columbia Valley Urban Growth ■ Mount Baker School District is willing to assist with any right of Area to community resources including elementary way needs outside of current state right of way. school, library, East Whatcom Regional Resource Center, stores and churches ■ Currently in community -led planning phase SR 542/SR 9 (east junction) Roundabout* SR 542/SR 547 Roundabout - Phase I+ Total cost estimate: $3.0 million Fully funded • Enhances safety of turns from northbound SR 9 onto SR 542 ■ Improves motor vehicle safety at intersection of SR 542 while reducing speed near intersection and SR 547 and creates safe pedestrian crossings to local ■ Reduces motor vehicle speeds through the Deming community services ■ Construction estimated to start in summer 2015 *Cost estimates based on No Design. +The Kendall Columbia Valley Connectivity Plan consists of three phases that would better connect homes with local services East Whatcom Coalition for Safe and Healthy Communities Project List — August 2014 177 East Whatcom Coalition for Safe and Healthy Communities Progress Report— May 12, 2014 Kendall/Columbia Valley Region Summary of Accomplishments: ■ Creation of school speed zone and reduction of speed at SR542/SR547 intersection from 55 to 40 mph. ■ Secured $2.5 million in grant funding for roundabout construction (WSDOT) • Formation of Kendall/Columbia Valley Connectivity Plan Committee (KCVCPC) in response to community feedback ■ Received National Park Service technical assistance award to assist with public outreach and engagement for trail planning and design ■ KCVCPC partners with WSDOT and Whatcom Council of Governments to apply for planning funds for development of shared use trail between Kendall Elementary and East Whatcom Regional Resource Center and other local destinations ■ KCVCPC, Whatcom County Council, Whatcom County Sheriff, Mt. Baker School District, Kendall Fire District, Whatcom County Library, local churches and service organizations make request to WSDOT for reduction of speed on SR547. e• s o e a B e Consider speed reduction strategies near Kendall Elementary school ■ Conduct a speed study analysis • Apply for Washington State Traffic Safety Commission grants for school zone designation and signage ■ Summer 2013 - WSDOT speed study Results: Speed limit lowered to 40mph near Kendall Elementary at all hours Winter 2014 — Received WSTSC grant for flashing school zone signs April 2014 — School zone signs installed Results: Speed limit lowered to 20mph during school hours Identify necessary changes to improve pedestrian and • July 2013 — WSDOT applied for Federal Lands Access Grant to bicycle safety on SR 547 near Kendall town center zone, construct a roundabout at SR542/547 junction including pedestrian crossing and additional traffic Results: Grant funds secured calming measures Fall 2013 - Began roundabout planning and design process ■ Study section of SR 542 from SR 542 to corner in order to with stakeholders identify appropriate improvements • October 2013 — WSDOT held public meeting on intersection design concepts ■ May 2014 — Roundabout design being finalized; includes pedestrian crossings near library and store and includes sidewalks to project endpoints Identify strategies to improve pedestrian and bicycle March 2013 — Community meeting to discuss priorities and safety on SR 547 north of Kendall Elementary school actions; community identified bike/ped safety between homes and school/library as key concern This priority was identified as a result of public input June 2013 — Formed trail planning committee; WSDOT received at a March 2013 community meeting. completed pre -planning assessment for community trail ■ October2013—Secured National Park Service technical assistance award to support trail planning ■ January 2014—Trail committee began developing public outreach and engagement strategy (delayed due to federal shutdown) • May 2014 — Whatcom Council of Governments submitted a grant application to WSDOT Pedestrian and Bicycle Program for design and scoping of trail concept. Next steps: ■ Identify and secure funding for appropriate traffic calming features and ped/bike design between trail endpoint and roundabout • Host community meeting to continue to gather public input on shared use trail design 178 East Whatcom Coalition for Safe and Healthy Communities Progress Report — May 12, 2014 Summary of Accomplishments: ■ Secured over $2500 in community donations to support increasing safety for pedestrian, bicyclists, and motorists ■ Partnered with Feet First to host Deming walkability audit ■ Partnered with Nooksack Indian Tribe, Bureau of Indian Affairs, Federal Highway Safety Administration, WSDOT, and other community partners to conduct a road safety audit of SR 542 in Deming Identify SR 542 pedestrian crossing point to link MBSD ■ October 2013 — Deming walkability audit (community schools and Dealing residential areas to Dealing Library funded) ■ January 2014 — Road Safety Audit ■ Conduct a walkability audit ■ May 2014—compilation of audit findings and ■ Share audit findings with WSDOT and other stakeholders recommendations (see below) Identify and implement speed reduction strategies to reduce ■ Summer 2013 - WSDOT speed study speeds can SR 542 through school/tribal commercial zone Results: No indication to lower speed limit ■ Summer/Fall2013 — Rumble strips to mark 45mph zone ■ Conduct a speed study analysis refreshed ■ Collaborate with local entities to design and install ■ January 2014 — Road Safety Audit community entrance marker signage Results/Recommendations: See below Identify and implement appropriate traffic calming ■ January 2014 — Road Safety Audit measures in the Deming commercial/tribal section of SR 542 Results/Recommendations: ■ Construct a roundabout on SR 542 at entrances to ■ Consider feasibility of roundabouts in Deming tribal casino and library ■ Include pedestrian crossings ■ Construct a roundabout at Mitchell Rd and SR542 ■ Construct a roundabout at SR9 and SR542 ■ Install 'Welcome to Deming' signage Next steps: ■ Seek funding for roundabouts - WSDOT currently working on preliminary design and cost estimates ■ Work with NIT and/or MBSD to design and install community entrance signs 179 Community Walking Audit, Deming WA 3 Methodology 5 Community Participation 5 Walking Audit 7 Deming Road Observations 8 Deming Road Walking Audit Recommendations 9 Alder Street Observations 10 Alder Street Walking Audit Recommendations t0 SR542 (Mt. Baker Highway) to Library Observations 11 SR542 (Mt. Baker Highway) to Library Recommendations 12 Water Street Observations 13 Water Street Walking Audit Recommendations 13 Mt. Baker School Observations 14 Mt. Baker School Walking Audit Recommendations 15 First Street Observations 15 First Street Walking Audit Recommendations 16 Appendix A: Roundabout Information 17 Appendix B: Mount Baker School District Data 18 Appendix C: Project Contact Information 18 Appendix D: Maps and Images 19 2 Figure: I Commum -` ity WalkingAudit, Deming WA Formed in 2011, the East Whatcom Coalition for Safe and Healthy Communities (EWC4SHC) is a coalition of residents and agencies in eastern Whatcom County who work to ensure safe places for people who walk, bike, and drive our roads. Currently, the coalition is focused on the Kendall/Columbia Valley area and the town of Deming where the communities are bisected by state highways (SR 547 & SR 542). The EWC4SHC is collaborating with the Washington State Department of Transportation to address the distinct issues in each of these communities and to develop solutions that fit the community's needs. EWC4SHC solicited oversight from Feet First for the walking audit on October 8th, 201.3. Since 2001, Feet First has worked to ensure all communities are walkable through advocacy, community organizing, research and education. They would help conduct a walking audit and assist with the written report for the community of Deming. A walking audit is an opportunity for community members to gain firsthand knowledge of the walking environment and to jointly develop improve- ment strategies and Feet First has years of expertise in conducting such audits. Parents, students, school staff, Whatcom County Public Works, tribal public health staff, EWC4SHC stakeholders, tribal government staff, tribal members and community members walked commonly -used routes and reported on the experience (see page 5 for a list of attendees on the walking audit). At the initial meeting, the stakeholders included the Nooksack Indian Tribe, Friends of Deming Library, Whatcom County Health Department, Mt. Baker School District, Feet First and the Northwest Washington Indian Health Board. They identified speeding and lack of infrastructure and enforcement as problems creating an unsafe environment 181 for walking and biking. The EWC4SHC desires environmental modifications to the area in order to reduce speed and increase safety for all people who live and travel through the community. In addition to environmental modifications, the coalition sup- ports public education of pedestrian and bicycle safety. The stakeholders also want to encourage changing the behaviors of people who live, work, or go to school in the community. A long-term desire is to improve the safety for the routine users, tourists that visit the area regularly and the trucking traffic that use the Mt. Baker Scenic By- way (SR 542). There were three goals for this walking audit: 1. Identify where a safe, designated ,crossing should be in relationship to the us- ers crossing SR 542 to access the Deming Library. 2. Identify improvements to increase the number of people walking and utilizing non -motorized transportation alternatives in the area. 3. Identify potential solutions to calm traffic and increase safety. These goals are addressed through suggested recommendations in this report. This au- dit identifies safe and unsafe areas for walking, potential improvements, and other op- portunities to create a more walkable and safe community. Also, this audit report is the beginning of many conversations that will be necessary to help people in the commu- nity get around on foot (and other non -motorized transportation), thereby increasing safety, improving health and protecting the environment. r `4 Deming is an unincorporated, small rural community located on SR 542 (Mt. Baker Highway). It is comprised of local businesses such as the Nooksack River Casino, Wil- liams Pipeline, various restaurants and fueling stations, residential dwellings, a junior and senior high school, early childhood development facilities, and governmental agencies including, but not limited to, Deming Water Association, Nooksack Tribal Government Offices, Mount Baker School District, Deming Library, and Headstart. According to the US Census bureau, just over 353 people call Deming home. However, daily there are approximately 2,000 people who travel to Deming representing the tribe, casino, students, and school administration. In addition, local traffic, skiers, snowboarders, and hikers travel SR 542 to access the recreational areas, including the Mt. Baker National Park as well as areas for other goods and services. Logging and gravel trucks, other vehicles exporting goods, use this route. According to Washington State Department of Transportation's Mt. Baker Scenic Byway Management Plan, "Safety is the number one concern when providing access to SR 542 from side roads, roadside pullouts and recreation areas". Under the Revised Code of Washington (RCW) 47.50, SR 542 is designated as an access -controlled facility. The goal of this law is to preserve the safety and operational characteristics of the highway by manag- ing access. Access control manages traffic movements onto and off of state highways to improve system performance, minimize conflicts and increase traffic flow. A signifi- cant level of effort and long-term planning among the different agencies and jurisdic- tions will be necessary to ensure that all who live and work in the community can eas- ily and safely walk to and from home, school, library, the Nooksack Marketplace (convenience store & limited prepared foods), tribal services, other enterprises and em- ployment. 182 Methodology The following steps were undertaken to produce this walking audit: 1. Information Gathering: The walking route was selected based on the outlined goals of the partners, connections to amenities; e.g. school, library etc., as well as identified barriers. 2. Ground-Truthin: The various stakeholders including Feet First visited Deming and compared map data and in -person observations. Notes and photographs were taken on pedestrian infrastructure related assets and issues. Based on these obser- vations and conversations, points of interest were chosen and maps were prepared for the community walking audits. 3. Scheduling: The walking audit schedule was based on availability of the com- munity partners and the school district. The audit was conducted on October 8, 2013 in order to observe pedestrian, vehicle, and bus patterns. The audit lasted an hour and a half. 4. Outreach: Outreach was conducted by the Community Stakeholders through fliers and emails. The stakeholders in attendance represented a cross section in- cluding Whatcom County Health Department, Northwest Washington Indian Health Board, Whatcom County Public Works, Washington Traffic Safety Com- mission, Washington State Department of Transportation, Nooksack Indian Tribe, Mount Baker School District Administration, students, and Fire District #1. (Specific names of participants are noted under Community Participation on page 6). 5. Group Participation: Walking audit participants were given maps, clipboards, and digital cameras. They recorded their observations by writing on the maps and taking photographs. 6. Reporting: Feet First collected the comments and cameras, then compiled the findings. The a draft report was written by NWIHB, WCHD, NIT and Feet First and then circulated among the other stakeholders for review and additional com- ments. Gloria Point, IPP, Northwest Washington Indian Health Board (NWWIHB) Charlie Burleigh, Mount Baker School District, Superintendent Rodney Vandersypen, Whatcom County Public Works Kira Sleveland, EWC4SHC, Director Melissa Morin, Whatcom County Health Department Jesse Madera, Nooksack Indian Tribe (NIT), Whatcom County Fire District 1 Steven Jimmy, NIT Emergency Management Keri Shepherd, NIT Transportation Planner Katrina Carabba, Deming Library MJ Haught, Washington Traffic Safety Commission Stephanie Coffey, Environmental Health Officer, Northwest Washington Indian Health Board (N W WIHB) Hana Berry, Mount Baker High School Student 183 Conner Brandland, Mount Balser High School Student Ashley Stephens, Mount Baker E-ligh School Student Todd Carlson, Washington State Department of Transportation Barb Briggs, Washington State Department of Transportation Lisa Quinn, Feet First Figure:2 .A Deming Walking Audit 2013 Walkability Audit Area Deming, Matcom County, WA Congressional District #2, T 40K, R 3E., Latitude 48, Longitude -122 Sg�xt.k ptr*w!?fop 8 faµ; ,,.'VA Figure:3 U 0,3 The observations in the following pages are broken down by each section of the walk. While there are some overlapping observations and. recommendations, each section is important to address as it bears heavily on the entire route('s).. 7 185 DemingRoad Figure:4a Figure:4b Deming Road was formerly the main highway thro was built. Deming Road is the main road for local school buses. Mt. Baker School Facilities (includin; Indian Tribe (NIT) government facilities are locate( southern sides of this road. These facilities serve th, live and work in this area. Students regularly walk 1 the library. The Mt. Baker Senior High School cros bers also run along Deming Road to cross SR 542 a many employees walk/run it regularly throughout t] • Vehicles speed on this road. • The turning radii are wide, which does not supl cars slowing down at intersections. • Students do not use Karen Road at the Admini- stration Office, rather they cross behind the poi office to Water Street then over to the market. • The post office does not have a dedicated or clearly marked parking area; causing drivers to park in random places, often treating the area a drive thru and cutting off places for people to walk. The walking conditions are poor in this area. There is no clear place to walk. There are pot- holes and puddles in the gravel areas that force people to walk in the road. There is no median, sidewalk, or separate bike/pedestrian path for people to walk. • Due to the scattered facility sites of both NIT a MBSD, staff frequently must cross Deming Ro multiple times throughout the day. • There are no lights on the north side of the stre, • The Whatcom Transit Authority (WTA) bus stops have no crosswalks between the stops. WTA buses must stop on the roadway, there is no pull out for riders to get on or off the bus. • There are sightline issues caused by overgrowr We bushes on First Street, Deming Road, and Water Street making it difficult for people who are driving and walking to see each other, and several of these roadways meet at non 90 degree angles increasing the visi- bility issues when pulling out onto the roadways. Figure:6 1. Reduce the turning radii along Deming Road at First Street, Karen Street and Water Street. 2. Make a clear area for people to walk, using delineators with reflective tape, making the area clear in order for vehicles to see people walking and running along this road. Research the possibilities for the creation of a multimodal sepa- rated pathway between BNSF railroad tracks and Deming Road. 3. Place speed signs in this area. 4. Enforce the speeding of vehicles in this area. Work to support cross jurisdiction through a Memorandum of Understanding between the Nooksack Indian Tribe Police Department and the Whatcom County Sheriff. 5. Clear back the bushes along Deming Road to make it easier for vehicles to see people walking. 6. Coordinate the bus stops with pedestrian facilities on Deming Road to ensure there is safe and easy access and crossings to the stop. Figure:? 187 Alder Street Figure:9 Figure:8 • Alder and Water Streets cross here making for confusing and unclear vehicu- lar movements. • The Nooksack Headstart and Deming Presbyterian Church (on Karen Street, between Deming Road and Sherman Street) in this area indicate there are is variety of people walking in this area. • While this street was identified as a more pleasant place to walk (e.g. less ve- hicle traffic), there are no clear areas on the side of the road for people to walk. IMUNIFTFIF ME, It" 1. Create a clear distinction of where people should be walking. The road is wide enough to provide a distinct place for people to walk, separating people from ve- hicles. This could be created using gravel or another type of treatment such as a parking block. Consideration should be made for people who use wheelchairs and strollers. 2. Consider developing a trail behind the 800 Building into the alley in front of the church. This could reduce potential impact on Deming Road and make for a more pleasant walk. by 5 f- S b Figure:10 1D SR 542 to I-Abrary Crossing FigurelIa Figure: ll b SR 542 has five lanes, including a turn lane. There are speeding log- and semi -trucks using this facility in addition to a high number of tourists traveling to/ from Mt. Baker and the national forest, which make it unsafe and at times, difficult to cross . During the walking audit we saw numerous students in groups of two and four crossing SR 542 to get to the library or to the Market Center. Depending on where students are going, they either cross SR 542 at the casino parking lot or at Water Street. It was noted that a number of people walk through the parking lot because there is no clear walking path. The parking lot does not designate where peo- ple should walk, making several unsafe walking conditions in the area. Figure:l2b Figure:l2a 11 WOR Provide clear signage for pedestrians to cross between the Market Center and the Deming Library. There needs to be one highway crossing with pedestrian amenities on both sides located in the closest direction from the library to ca- sino parking lot. Add a roundabout for crossing and to make this area more predictable to peo- ple walking and people driving in this area by slowing cars down and provid- ing a safe pedestrian crossing. Evidence shows that roundabouts dramatically reduce the incidence of severe injury and fatality at intersections (FHWA 2000). See Appendix A on page 19 showing the reduction of serious injuries and deaths with the installation of a roundabout. Conduct a Road Safety Audit of the area to look into various engineering op- tions that would improve safety for vehicles as well as pedestrians in the com- munity. Provide signage and a flashing light for vehicle travel that indicates this is a designated pedestrian crossing. Check illumination along SR 542 to ensure pedestrian scale lighting is avail- able. u 'h. Figure:13 12 190 Water Street Figure:14a Figure:14b Figure:14c • The path is too narrow for people to walk. • There is minimal lighting not at human scale. • Participants also noted that the perceived safety along this street is very low due to poor visibility and a sense of fear from crime or illegal activity. Generally, it does not feel safe to walk here. • There are sightline issues due to an overgrown hedge at Deming Road and Water Street. • People do not stop at the stop sign on Water Street turning on to Deming Road. • Vehicles travel at high speeds and turn on to Water Street from SR 542. • There is no clear entrance and route to take to get to the market for pedestrians who enter the parking lot. 1. Trim bushes at Water Street and Deming Road. 2. Enforce vehicles to stop in this area by coordinating across jurisdiction Memo- randum of Understanding �A. d z Figure:15 between Nooksack Indian Tribe and Whatcom Sher- iff to support enforcement efforts. 3. Install traffic calming measures. 4. Create a smaller turn- ing radii for people mak- ing a right on Deming Road from SR542. 5. Provide signage and create a clear and direct walkway for pedestrians to use when entering the ca- sino parking lot. 13 191 Mount Baker Senior High School Mount Baker Senior High School is a public school serving 551 students in grades 9-12. Additional informa- tion about Mount Baker School District can be found in Appendix B on page 19. Figure: 16 While there are crosswalks to designated walkways, there are no curb ramps to accommodate people in wheelchairs or those pushing strollers. This forces people to walk in the parking lot. The buses travel in a U around the parking lot. Their height and length reduces the sightline in front of the school making it difficult to navigate s M the parking lot and unsafe for 4m_ 0- students. Figure: 17a Figure: 17b Figure: 17c 14 192 Recommendations 1. Make the pathway to campus easy to access and clear using signage. 2. Create curb cuts to meet ADA standards, where they lack. 3. Consider reducing/consolidating buses to eliminate the congestion in the parking lot. 4. Consider having staggered pick up and drop off times to reduce the congestion in the parking lot. 5. Students/Administration should continue to engage in walking audits to explore how the built environment affects behavior, physical health and community develop- ment. This could come out of numerous classes (e.g. PE, English, Math). 6. hlcorporate a more holistic approach to drivers education classes to include mobil- ity education for students by teaching them how to use and interacted other modes of transportation. 7. Partner with various agencies to host safety fairs that will help teach students and staff how to interact with vehicles either on bike or foot, and the dangers of dis- tracted driving/ walk- ing in any area. Figure:18 First Street 4: �r=1 • Vehicles speed on this road as this street is engi- neered (e.g. straight road for cars), invites cars to travel faster to their destination, which is either Deming Road (Tribal Offices, Mount Baker Sen- ior High School) or SR 542. • There is no space for walking and people are forced to walk on the road. • There is signage and lighting, however the light- ing is not at pedestrian scale. Figure:19 15 193 Figure:20a Figure:20b The picture above indicates the potential for a pedestrian- and bicycle -only trail con- nection between the school and calmer streets that lead to the market and library. A trail would encourages students to avoid walking on Deming Road where vehicle volumes and speeds are higher. Recommendation Figure:21 16 194 Appendix A: Roundabout Reduce Severe lnjuries and fatalities According to the Federal Highway Administration, roundabouts dramatically reduce the incidence of severe injury and fatality at intersections. 17 195 Appendix B: Public School Data Mount Baker Junior High (279 Headcount), Grades 7-8, 39,753 square feet • Mount Baker Senior High School (551 Headcount), Grades 9-12, 121,573 square feet • Early Resource Center (ERC) (approximately 40 Headcount), Pre -kindergarten, 3600 square feet Appendix C: Contact & Project Information For more information about this report or, please contact the following agencies : Kira Sleveland EWCC4HSC Director / Community Advocate Email: mskira8@frontier.com Phone: 360-592-4514 Stephanie Coffey, REHS, CP-FS, LCDR, USPHS NWWIHB Environmental Health Officer Email: Stephanie@indianhealthboard.org Phone:360-647-9480 ext.202 Melissa Morin Whatcom County Health Department Community Health Specialist Email: mmorin@whatcomcounty.us Phone: 360-676-6724 ext.32027 Katrina Carabba Whatcom County Library Manager Email: Katrina.Carabba@WCLS.org Phone:360-592-2422 Keri Shepherd Nooksack Indian Tribe, Transportation Planner Email: kshepherd@nooksack-nsn.gov Phone: 360-739-8653 196 Appendix Do Figures and Maps Figure: I -Walikng Audit Participants Figure:2— Sr 542i Library Crossing Figure3— Walking Audit Regional Map Figure:4a— Deming Road Figure:4b-Deming Road Figure:4c-Deming Road Figure:5a-Post Office on Deming Road Firgure:5b-Deming Road and Water Street Figure: 6— Deming Road and First Street Figure:7— Deming Road Map Figure:8— Alder Street and Water Street Figure:9— Alder Street and Karen Street Figure: 10— Alder Street Map Figure:I la— SR542 and Deming Library Figure: I lb— SR542 and Deming Library Figure:l2a— SR542 and Market Centre Figure:l2b— SR542 and Market Center Figure: 13— SR542 Library Crossing Map Figure:l4a-Water Street Figure:l4b-Water Street Figure:l4c-Water Street Figure: 15— Water Street Map Figure: 16— Mt. Baker High School Figure:l7a— Mt. Baker Jr. High School Figure:l7b— Mt. Baker School Parking Figure:l7c- Mt. Baker School District Office Parking Figure:18— MT. Baker School Map Figure:l9— First Street Figure:20a— Potential Pathway Figure:20b— Potential Pathway Figure:21— First Street Map Pictures Courtesy of Feet First Maps Courtesy of the Nooksack Indian Tribe 3 6 7 8 8 8 8 8 9 9 10 10 10 11 I1 11 11 12 13 13 13 13 14 14 14 14 15 15 16 16 16 IR Connecting our community by providing safe, healthy access to resources while linking residents to one another There ore three elements to the Kendall /Columbia Valley Connectivity- Plan: i. Planning and construction of an ADA- accessible, three-mile, shared -use trail from the Kendall Elementary School north on SR547 to South Pass Road, (Exhibit ( on reverse) 2. Planning and construction of traffic calming measures between roundabout and Kendall Elementary School, (Exhibit Bon reverse) 3. Construction of a roundabout at the intersection of SR542 and SR547. (Exhibit A on reverse) Benefits of this -plan to the Kendall Columbia _Va ky CCom uni • Provides a safe walking and biking route to school for Kendall Elementary students ® Seamlessly connects neighborhoods to community services and resources including: o North Fork Community Library o Transit stops o East Whatcom Regional Resource Center o Fire station o Commercial services o School playground and park o Places of worship ® Creates transportation choices by making non -motorized transportation modes more accessible, safe and convenient Boosts local economy by attracting bicycle tourism along gay to Baker trail �r �a A4 H j Offers a safe, affordable recreation opportunity for residents �' Ku tdNl MsyW_Fa4(s N Increases community health through active transportation and .recreation 'i PROJECT R. f �� y 7� VICINITY /.. A� Decreases social isolation by better connecting community members to one g�gr J M4 Bake! . '. =ar `'Y/ another and to local services Increases home owners' property value .EaErao BeN°�h�N Enhances a sense, of community ownership and pride and improves community aesthetics BAY TO BAKER TRAIL Partners of the Kendall/Columbia Valley Connectivity Plan Whatcom County Fire District 14 ^ Whatcom County Library System • Whatcom County Health Department EWRRC • Kendall Chapel < Mt. Baker Chamber of Commerce North County Christ the King Church - Mount Baker School District m Kendall Elementary PTO Columbia Valley Water District - Kendall Watch e National Part( Service Last updated: Sept 2014 �• NORTH a1 V�'^�°i � V WAS' Kendall XE13-U E MAR EMABI C: Sit 547, Non-motorked Conneclon EXHIBIT 8: 0 O: 3 0,6 KENDALL C i .UMBIA VALLEY CONNECTIVITY PLAN SR 647 Corridor ("it("ita , W y State C,atSept. 2014 9/19/2014 200 9/19/2014 201 9/19/2014 202 9/19/2014 203 9/19/2014 204 9/19/2014 205 9/19/2014 7 206 9/19/2014 207 9/19/2014 1: DEMING Engineering Improvements 9/19/2014 10 KILO, 9/19/2014 EAST WHATCOM COALITION FOR SAFE AND HEALTHY COMMUNITIES 34941.1-1 hkei Hmg g86,Nhom, VIA 98116/3%592-4514/mskiw8v,mw.wm Thank you for your interest and support! Q Williams ,0Or, Sn C� mj� c,� _ ,�7. � Gxxu xmvev4 9 ,s.er..x}xcxasexinr, �.: xr Tom` �(oc.e.L"�a/erz T�*iy rvsY�tem 11 210 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 304 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator.- Citizen 9/23/2014 9/30/2014 Public Works Corn Division Head: De L Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Presentation on a Puget Sound Energy battery storage project in Glacier ATTACHMENTS: Non SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Puget Sound Energy asked to provide a presentation on battery storage in Glacier 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. 211 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-018 CLEARANCES Initial Date Date Received in Council Of frce Agenda Date Assigned to: Council Conunittee Ori9130114 9117114 of the Whole Nan Ka/lunki Alan Ka lu ... (Executive Session) Division Head 9117114 Karen S. Goens S � : E � /g' Sg'g Dept. Head: I /dt.),_LL1Y r19�1�/t Prosecutor: Purchasing/Budget: F,xecutive: �1 / T. TITLE OF 6ell N/A ATTACHMENTS: None SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requester) 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.) Strategy planning discussion and positions to be taken regarding collective bargaining. (per RCW 42.30.140(4)(a)) COMMITTEE ACTION. • COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 212 2014-018 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: AL 09111114 09130114 COTW/Exec Originator: ( Session Division Head. 0 E ""� 3 2014 ggp,, gp p@ COUNCIL Dept. Head: Prosecutor: Purchasin /Bud et: Executive: A9 vZ,;Z/ TITLE OFDOC ruest Executive Session for discussion of possible property acquisition. ATTACHMENTS: SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) Requested Date: NO SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion regarding a potential property acquisition for park purposes with Executive Jack Louws (Discussion of this item may take place in executive session (closed to the public pursuant to RCW 42.30.110 (1) (b)) d 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. 213 WHATCOM COUNTY COUNCIL AGENDA BII_I_ Nn 2014-316 CLEARANCES Initial Date Date Received in Council Office A ends Date Assigned to: Originator: JF 918/14 I �' 11 ��/ �G H l �I '; �( 11 s ,, 2014 WHAd[COM COUNTY 9130/14 Council Division Head. dV Dept Head- ii S Prosecutor: Purchasin /Bud et.• Executive: TITLE OF D . Behavioral Revenue Advisory Committee 2014 third quarterly report to County Council. ATTACHMENTS. Memo to Executive SEPA review required? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Behavioral Revenue Advisory Committee 2014 third quarterly report to County Council. COMMITTEEACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 214 WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Memorandum TO: JACK IOUWS FROM: Bill Elfo, Sheriff and Committee Chair Chris Phillips, Committee Vice -Chair DATE: September 8, 2014 RE: Third Quarterly Report to County Council from the Behavioral Health Revenue Advisory Committee (BHRAC) for 2014 Regina A. Delahunt D i recto r Greg Stern, M.D. Health Officer The Behavioral Health Revenue Advisory Committee will present its quarterly report of the Behavioral Health Fund, collected by the 1/10th of 1 % sales tax, to the County Council on September 30th The focus of this quarter's report is on mental health and substance abuse services provided to youth and families through school -based contracts. The attached report highlights services provided by the seven school districts in Whatcom County in 2013/14. While some districts offer summer services, this report covers the September 2013 through June 2014 academic year. Services delivered through the schools have continued to follow the PITA (Prevention, Intervention, Treatment and Aftercare) Continuum of Care, for both mental health and substance abuse. In collaboration with the County, each school district designed their services to meet their unique local needs. School -based services were very successful in reaching, and impacting, many youth and their families during this school year. Outcomes from these efforts have shown reductions in substance use, conduct problems, and skipping school, as well as in demonstrating improved functioning, communication, and bonding within families. School professionals continue to maximize the benefits of other 1/10th services by coordinating efforts and making mental health treatment referrals to the Behavioral Health Access Program (BHAP), as well as referrals to chemical dependency treatment. 509 Girard Street 1500 PUBLIC HEALTH Belliingham, WA 98225-4551 rth State Street Bellingham, WA 98225-4005 ALWAYS ? OR'110HGFOR ASI IEAMR-, (360) 676-6724 HEALTHIER WHATCOM COUNTS` (360) 676-4593 FAX (360) 676-6771 www.whatcomcounty.us/health FAX (360) 676-6772 215 The schools continue to be an effective vehicle for the delivery of Behavioral Health services throughout Whatcorn County. Many school districts reach parts of the county where no services previously existed. In fact, 78% of the services provided to individuals and families were outside of Bellingham city limits. The Behavioral Health Revenue Advisory Committee (BHRAC) continues to meet regularly to understand the needs of the community, review and make recommendations on funding strategies and program priorities and support an infrastructure that provides quality care in Whatcorn County. 216 Current Status All seven school districts in Whatcom County provided behavioral health services during the 2013/2014 school year using local Behavioral Health Funds. These services made it possible to provide needed services into all areas of the county, especially in areas where no services previously existed. In fact, 760 individuals (78% of the total served) were reached outside of Bellingham, helping to improve access to services throughout the county. Figures in this report reflect services that are provided to individuals, small groups, or to families. They do not include youth and families served through larger training and community events, which is anticipated to be over 4,428. Some districts also continued services into the summer months, which are also not include here. Services delivered through these contracts support the resolution passed by the Whatcom County Health Board in October 2013 to "ensure that `compassionate approaches' are built into all public health related services and contracts including human services programs. " Furthermore, "Building community connectedness and resilience" and "Enhancing child and family well being" are identified as strategic directions in the emerging Whatcom County Community Health Improvement Plan. " Services delivered through the Behavioral Health Fund are designed to impact substance abuse and mental health. Reducing risk in these areas also impacts other `life - indicators,' such as improving school and other social functioning. As a result, we have included results from multiple areas that have been impacted by these local services. ** includes student's receiving primary support with mental health, substance abuse, or a combination PUBLIC HEALTH Behavioral health services provided to students throughout Whatcom County: • A total of 972 individuals were served during the past school year, representing an average of 542 students served each reporting period Intensity of Services: Effective support can require regular and ongoing contact to meet unique needs. • 6,987 total contacts were provided to youth during the year. • An average of over seven contacts were made for each individual during the year Students Served by Reporting Period N=1,625* 700 634 600 217 .Referrals to Mental Health and Substance Abuse treatment services: 576 students were referred to mental health or substance abuse services (assessment or treatment) 818 total referrals were made to mental health or substance abuse services (youth may have had more than one referral) Students Referred to Mental Health or Substance Abuse Services Substance Abuse -' Mental Health 72% N=818 Connecting students with other needed social supports: 357 students were referred to one or more community support services (not mental health or substance abuse) during the year i 229 (64%) of students referred to `other' community support services were known to have engaged in those services Truancy ® 95% of students experienced similar or fewer truancy issues (n=6p25) Suspensions ® 95% of students expperienced similar or fewer suspensions (n=15I) Absenteeism 86% of students experienced similar or fewer absences(n=693) Discipline Problems ® 94% of students experienced similar or fewer discipline problems (n=215) Grades ® 89% of students improved or maintained their grades (n=625) Utilization of Mental Health and Substance Abuse treatment services: *Youth may have received treatment in more than one reporting period. Improving Coordination Written by a School Administrator School counselors, school district nurses, drug/alcohol intervention specialist and family resource specialist have started regular monthly meetings as the Guidance Team. It has been especially useful to be able to communicate, coordinate and better serve students within our school district. These staff members also attended an initial "Home -room" computer training. One student with complex issues has been served by referrals to resources by the family resource specialist, provided health care information from one of our nurses, received counseling with the counselor, throughout the school year and has just begun sessions with another counselor. We have been coordinating the services to provide the best support we can, exhibiting care to this student and make sure that the same messages are re -enforced by each of us. 218 Families were engaged in • 1,014 referrals made for behavioral health or social services • 526 referrals made to school -based services • 146 referrals made to community -based services • 323 families were connected to `both' school -based and community -based services • Referrals were made to more than 59 agencies (and service areas) Q Families Engaged in Services O Fall M Winter ®Spring includes duplicated counts Students Served by Primary Area of Service ._retie^ti�On Tr�'at�na,.s Unduplicated count based on reports for 972 students. Note: students may have received services in secondary areas. 219 v, �e 5 Strengthening Families Program Outcomes The Strengthening Families Program (SFP) is a 7-week best -practice program that reduces risk for substance abuse and other behaviors, while building skills that benefit family functioning. Most SFP are done in coordination with schools. This past year, 9 programs were delivered to over 252 people, including 132 parents/caregivers and 120 youth. Pre -test and Post-test Scores on Youth Measures for Whatcom County and Washington State Washington State Pre Washington State Post Whatcom Pre Whatcom Post 4 3. .3 2 2 � r Attachment Rewards Involvement Harmony Management Attachment. Youth feel close to parents/caregivers Rewards: Parents/caregivers reward good behavior Involvement. Parents/caregivers include youth in decision -making and fun activities Family harmony, Parents/caregivers control their tempers and avoid harsh criticism when disciplining Family lillanagement: Parents/caregivers supervise and enforce rules 220 Collective Impact Highlight: One school site has been maximizing the benefits of restorative justice services, PBIS (Positive Behavior Interventions & Support), local sales tax funding, key administrative leadership, integration of the compassionate schools model, and other funding and support from partners to achieve some significant outcomes. Key Findings Between 2008-2014: • 65% decrease in 30-day alcohol use (site was 10% above the state in 2008, now below the state rate) • 75% decrease in 30-day binge drinking (site was double the state in 2008, now below the state rate) • 55% decrease in 30-day tobacco use 50% decrease in 30-day marijuana use Kevin's Story 12 year -old (7th grade student) at risk for dropping out: • Anxiety/Depression • Low self-confidence • Reports of physical ailments - trouble eating, sleeping, di- gesting, sprains, strained muscles, etc. • Failing classes • Missed over 60 days of school • Family Conflicts, loss of family housing and family income • Parents struggling with mental health Interventions attempted: • Home visits by school counselor and administrator • Becca filed • Outside agency involvement and support • District Homeless Liaison and Family Services support for basic needs and housing • Multi -Disciplinary Team support • Schedule Reduction to get reconnected with school • Academic support class • Weekly small group best practice program called "Why Try" • Weekly and/or daily check -ins with school counselor • Counselor collaboration with teachers for support of anxiety and confidence as a learner • Referral for student and family to outside counseling Progress made: • Successfully passed all his classes (2 C's, 2 B's, an A and a Pass for him) • Attended school regularly • Planning to attend summer school • Continuing connection with school counselor • Not afraid to ask for help and to self -advocate • Makes positive peer connections • Views school as a supportive and stable environment Whatcom County Health Department Developed August, 2014 PublicHealth Since the 2009-10 school year, other highlights found: • 83% decrease in expulsions • 79% decrease in assaults, fighting, and drug violations • A total student decrease of 'out of school' or 'in school' suspensions of 73%. • A total days decrease of 'out of school' or'in school' suspensions of 70% Youth Engagement in Social Norming Whatcom County youth dramatically overestimate the number of their peers using alcohol, tobacco, and other drugs. In reality, most (94%) middle school don't drink alcohol. Students from several districts helped to correct this misperception by designing their own social norming messages. Sixteen total messages were created. "It's easier to build a child than mend an adult" 221 222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Whatcom County Council Special Surface Water Work Session July 15, 2014 CALL TO ORDER Council Vice -Chair Ken Mann called the meeting to order at 10:30 a.m. in the Civic Center Garden Level Conference Room, 322 Commercial Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Rud Browne, Barry Buchanan, Ken Mann, and Pete Kremen Absent: Sam Crawford and Carl Weimer SURFACE WATER WORK SESSION (AB2014-024) 1. WATERSHED PLANNING UPDATE Gary Stoyka, Public Works Department, updated the councilmembers on the last Planning Unit meeting. The Planning Unit continues to work on work plan prioritization, the lower Nooksack strategy, and the budget. Subcommittees will be formed to work on some of these items. There has been no meeting of the Joint Board since May. The groundwater modeling project is moving forward. They hope to hire a consultant soon. The data integration project is ongoing. Jack Louws, County Executive, asked when the budget will come to the Council and Executive. The administration needs that information to plan its budget. Perry Eskeridge, Planning Unit Member, stated there are a lot of projects that need to be prioritized. The Planning Unit is looking at the lower Nooksack strategy at the request of the City of Bellingham, County, and Public Utility District (PUD). The Planning Unit is determining the current gaps, necessary additional information, and budget. The process has been slow, but they are making progress. Browne asked how the Council can incorporate Planning Unit recommendations into the budget if the information doesn't come forward in time. Louws stated there is always an opportunity for supplemental budget requests and changes on a monthly basis. He would like to know from the Planning Unit at least a range of potential expenditures. Kremen stated he suggests the Executive include a placeholder in the budget so it's not a new budget item. Louws stated there is already a placeholder for meeting facilitation, but not consulting services. Surface Water Work Session, 7/15/2014, Page 1 223 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner stated the budget should include a placeholder amount equal to the cost of monthly meetings for the entire year. The Planning Unit can request additional funds if necessary. 2. COORDINATED WATER SYSTEM PLAN UPDATE Gary Stoyka, Public Works Department, stated the staff submitted a resolution to the Council to begin the Coordinated Water Systems Plan update. The resolution was held pending additional information from several people, which he has now received. He will bring it forward to the Council at its next meeting. They selected a consultant, RH2 Engineering, to prepare the scoping and main contract. It will come forward to the Council at the next meeting. There were questions about how the Coordinated Water System Plan fits into the growth management process. Mark Personius, Planning and Development Services Department, stated this statute is not a Growth Management Act (GMA) statute. The intent is to coordinate all water plans in the county and to address water quantity, water quality, transmission, storage, financial and managerial capability of the systems, and other issues. The plan must be consistent with the County's growth policies and land use plans. The current plan is 14 years old and outdated. It's a piece of the lower Nooksack strategy. It does not address agricultural or industrial water needs or exempt well users. They need to be addressed through another process. Brenner stated the statute isn't clear whether or not this plan is required. The County has other information. She will support it if it isn't redundant. Personius stated the information isn't redundant. Mann stated there is benefit to coordinating public water systems. He asked how the County staff will work this particular plan in with all the other plans the County must write and maintain. All these plans must inform and be consistent with each other. Personius stated this document will answer questions about the water rights and capacity of these systems. It should be on a parallel track with the 2016 Comprehensive Plan update. Browne stated many of these water associations are many years old, may have aging board members, may not have done good capital budgeting, and may not have good succession plans. The County becomes the support of last resort and will have to pay the costs. Identify now any systems that may need a little more help. Deal with smaller issues now to avoid larger problems later. Stoyka stated they will have the first Water Utility Coordinating Committee (WUCC) meeting once the resolution and contract are approved. 3. COSTS ASSOCIATED WITH IMPLEMENTATION OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PHASE II STORMWATER PERMIT Roland Middleton, Public Works Department, submitted and read from a presentation (on file) and stated they are talking about infrastructure for conveying water through the boundary area. 224 Surface Water Work Session, 7/15/2014, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner asked if the 30 private facilities include those homeowners who voluntarily comply and how the residents notify the County. Middleton stated all permits will have to go through NPDES compliance in the NPDES area. He continued the presentation. Right now the administration is asking for only four maintenance and operations (M&O) staff instead of the necessary 12, because they plan to coordinate with the City of Bellingham and implement other cost -saving measures. Brenner asked if costs in Birch Bay could be funded by the Birch Bay Watershed Aquatic Resources Management (BBWARM). Middleton stated the BBWARM can contribute, but there will be additional costs. The County must do extra tasks above and beyond the tasks of BBWARM. He continued the presentation with additional level of service (LOS) expenses. The County must document and annually report the exact number and location of every catch basin and ditch it cleans out. The administration costs are much more than before. There will be software needs to create those reports. The estimated costs are planning level costs, and they are considering other funding sources. This is a beginning estimate for the program the County will need, as required by federal and State law. Mann asked if it's possible to contract the work instead of hiring staff. Middleton stated he would like to see the actual estimate from a contractor to see if the costs will be less. He's heard from contractors that the actual contract amount will be much more than the County will spend. In addition to cleaning, they must maintain the culverts to standard. Jack Louws, County Executive, stated the County must also respect its labor contracts in terms of maintenance operations on County roads. If the Council wants the administration to explore the option of contracting the work, he will need to consider that element of the situation. Tyler Schroeder, Executive's Office, stated there is a detailed estimate of cost per employee for maintenance and operation. They can compare the rate of a County staff person versus the rate for a private consultant. Stoyka stated staff is considering a contract for a little bit of this work to get an idea of what's involved. Buchanan asked if these inspectors have to be licensed. Cathy Craver, Public Works Department, stated inspectors have to show they can meet the standard, but don't have to be NPDES certified. Browne stated he would like information on what is involved in cleaning a drain. Kremen stated contractors seem to think they can raise their prices for government contracts. He's in favor of comparing the costs, but it will likely result in the County's cost being less if the County does the work with its own employees. He asked if these costs are required in perpetuity. Middleton stated the required costs could increase if the NPDES area grows in the future. The next permit may cover Western Washington. Also, paying a contractor rate also includes the costs of benefits for the contractors' employees, company profit, and equipment allocation. He's confident that the contractor rate will be more than the cost of providing the service directly. This is an ongoing program from now on. Surface Water Work Session, 7/15/2014, Page 3 225 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 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Kremen stated staff costs will increase annually. The budgeted costs will have to increase accordingly. Louws stated he thanks the Public Works Department staff for coming up with creative ways to reduce the number of M&O staff in this program from 12 to four. The documentation required by this program is critical. His goal is to be as efficient as possible when meeting the mandates of the Act. Browne asked what it means that every single-family residence will need inspection. Middleton stated every new single-family residence built in the NPDES area, starting January 2017, will have to have a NPDES review. If they incorporate low impact development standards and build a facility such as a rain garden, there is an annual inspection requirement. That is an entirely different regulation that will require a change in the Code. They have a couple of years to work on how to do that. Brenner stated she prefers a program similar to the open space program rather than a required inspection program. 4. WATER ACTION PLAN COST ESTIMATES Tyler Schroeder, Executive's Office, submitted handouts (on file) and stated this discussion is about the budget numbers on level of service associated with the programs, water quality, Lake Whatcom total maximum daily load (TMDL), and other different programs. The administration continues to refine the estimates. He would like the councilmembers to indicate they have a general understanding of the numbers and believe the administration is going in the right direction. They will consider existing funding sources and capital that can be reallocated to these programs. Jack Louws, County Executive, stated the administration would also like to know from the Council about paying for some of these items from the flood fund where appropriate. The three funds available are the flood fund, road fund, and real estate excise tax (REET). Everyone in the county is paying to the flood fund. One option is to create another tax for sub -basins, or use the flood fund as a countywide water resources fund that can be spent on some of these programs. Gary Stoyka, Public Works Department, read from a presentation (on file). Buchanan asked the annual revenue versus annual expenditures if the current obligations of the flood control zone district are added to the proposed funding chart. Louws stated the flood fund receives about $3 million per year. The current balance is a little over $12 million. They will be able to add about $1.3 million to the current obligations through 2018 or 2019, which would draw down the flood fund balance to $4.5 million to $5 million. At that time, the Council would decide if they want to delay projects for a few years, raise the flood fund, create subarea taxes, or implement other measures. Buchanan asked if there are guidelines for the flood fund reserve amount. 226 Surface Water Work Session, 7/15/2014, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Paula Cooper, Public Works Department, stated the Flood Control Zone District Board of Supervisors approved a resolution a few years ago to reserve $5 million for emergencies and cash flow. Browne stated the County is required to pay $1.1 million for NPDES, and the other $700,000 is optional. Stoyka stated the TMDL portion will also be required, whenever that is issued. Louws stated the County must show progress and initiative to reverse rising pollution trends, or else there will be shellfish bed closures and forced actions will be required. Brenner asked for each estimate to include what they are spending now, what they have to spend additionally, and what is optional additional spending. She would like to know where they do and don't have discretion, so they don't spend time discussing things that are required. Brenner stated the Whatcom Conservation District does an incredible job with livestock assistance. She wants to know why Portage Bay is getting worse and why they aren't doing DNA testing. They must start somewhere. Schroeder stated expanding the PIC program will provide better answers to those questions. Browne stated there isn't the science to do that. Mann asked Councilmember Brenner to provide information on the technology that can identify that information. Brenner stated she no longer has the information, which was from a scientific magazine. Regarding the water resource inventory area (WRIA) 1 watershed planning section, they most also focus on water quality. Schroeder stated water quality is addressed through the PIC program, bacterial information, and habitat issues. The numbers for all the items are separate. There are a lot of overlapping issues with habitat. The costs of these programs haven't risen to the level to require a focused Public Works employee and program. The estimates are the costs of increasing the level of service. Louws stated there is a habitat component to each program. It's not a separate component. At this point, leave it as is. Brenner asked if the Washington State Association of Counties (WSAC) is working on a response to the NPDES requirements, which are outrageous. Kremen stated it's not a high priority for WSAC or the National Association of Counties (NaCO). The state voters passed an initiative to accept no unfunded mandates, but it hasn't done any good. It's even worse at the federal level. He will do what he can to raise awareness about the NPDES and all unfunded mandates. Brenner stated it should be a high priority. The requirements will discourage people from doing low -impact development. Mann stated staff is asking for direction on the program level of service. Surface Water Work Session, 7/15/2014, Page 5 227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Kremen asked for an approximate estimate of how many households are in the city of Bellingham within the Lake Whatcom watershed and how many are in the county. He asked why they are raising the County's TMDL funding contribution by 50 percent, to match the City of Bellingham, when there are far fewer county residences that impact the lake. The overall source of contaminants over the decades has come from the city of Bellingham. More than 90,000 city households and businesses use the water. Louws stated Sudden Valley, Geneva, and other county areas have also contributed. Staff will find the answer to that question. Mann stated the flood control tax is paid countywide, including city residents. Kremen stated he cautions the County administration and Council against spending too much flood money on projects and not keeping enough in the reserve to address future flooding problems, which are guaranteed to happen. The current flood reserve of $5 million may not be enough. Louws stated the money is being spent on unfunded mandates. To work within the existing revenue stream, the flood fund is the logical choice to absorb the majority of those costs. If a major flood event hits the flood fund, the County is able to slow projects down and rebuild the reserve. His proposal is reasonable. Paying for these requirements will be a challenge. He would rather stretch the flood fund for a few years without raising taxes. Mann stated increasing the funding for the TMDL response in the amount of $300,000 is reasonable. The bigger problem is drawing down the flood fund reserves and how they will fund these items in a few years. Kremen stated the administration's proposal overall is well done for a first step. The Council will continue to fine-tune it. Browne stated they will need to find long-term funding for the NPDES permit. He would like to address that question early rather than after they draw down the flood fund. He supports the proposal brought forward today. Brenner stated she wants to review the proposal more before giving a recommendation. Schroeder stated the administration can provide the requested information and discuss it with the Council next week. Mann stated he thanks the administration for responding to the Council's request on this plan. He supports the broad proposal. The Council can take a formal vote next week. Buchanan asked if there is an opportunity for service area fees regarding the NPDES areas. Middleton stated funding alternatives are available. A December 2010 report outlines those options. Marianne Beddill, Planning Unit Member, asked if the County has a plan for responding to overflow flooding of Sumas. 228 Surface Water Work Session, 7/15/2014, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Mann stated they can find that information. Browne stated don't wait until they run out of flood district funds before they decide on an alternative. Be as aggressive as possible to solve that question. ADJOURN The meeting adjourned at 12:40 p.m. The Council approved these minutes on , 2014. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Ken Mann, Council Vice -Chair Surface Water Work Session, 7/15/2014, Page 7 229 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole July 22, 2014 CALL TO ORDER Council Chair Carl Weimer called the meeting to order at 6:31 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Rud Browne, Barry Buchanan, Ken Mann, Pete Kremen and Carl Weimer Absent: None COMMITTEE DISCUSSION 1. DISCUSSION WITH COUNTY EXECUTIVE JACK LOUWS REGARDING A POTENTIAL PROPERTY ACQUISITION (AB2014-018) Attorney Present: None Weimer stated that discussion of agenda item one may take place in executive session pursuant to RCW42.30.110 (1)(b). Executive session will conclude no later than 7:00 p.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Kremen moved to go into executive session until no later than 7:00 p.m. to discuss the agenda items pursuant to RCW citations as announced by the Council Chair. The motion carried by the following vote: Ayes: Crawford, Brenner, Browne, Buchanan, Mann, Kremen and Weimer (7) Nays: None (0) OTHER BUSINESS ADJOURN The meeting adjourned at 7:13 p.m. The Council approved these minutes on 2014. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON 230 Committee of the Whole, 7/22/2014, Page 1 1 2 3 4 5 6 7 8 9 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Carl Weimer, Council Chair Committee of the Whole, 7/22/2014, Page 2 231 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council July 22, 2014 CALL TO ORDER Council Chair Carl Weimer called the meeting to order at 7:15 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Sam Crawford, Carl Weimer, Pete Kremen, Rud Browne and Barry Buchanan. Absent: None. FLAG SALUTE ANNOUNCEMENTS Weimer announced there was discussion with County Executive Jack Louws regarding potential property acquisitions (AB2014-018) in executive session during the Committee of the Whole meeting. MINUTES CONSENT 1. SPECIAL COMMITTEE OF THE WHOLE FOR JUNE 17, 2014 Brenner moved to approve the minutes. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7) Nays: None(0) PUBLIC HEARINGS 1. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 20.13, WIRELESS COMMUNICATIONS FACILITIES, TO STREAMLINE PERMIT PROCESSING ON ROUTINE WIRELESS COMMUNICATION EQUIPMENT UPGRADES ON EXISTING, APPROVED, AND CONFORMING SITES; ADD A NEW SECTION ON PERMITTED USES; REORGANIZE THE CHAPTER TO BETTER MATCH THE ORGANIZATION OF OTHER TITLE 20 CHAPTERS; AND AMEND CHAPTER 20.97 — DEFINITIONS (AB2014-256) (7:17:24 PM) Whatcom County Council, 7/22/2014, Page 1 232 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Erin Osborn, Planning and Development Services Department, gave a staff report. This streamlines administration of the code and eliminates duplicative review. Planning Commission reviewed and held hearings on the ordinance. Staff received a memo from AT&T representative (on file) regarding inconsistencies with federal law. Staff does not agree there is an inconsistency. There are no nonconforming sites. Mann asked about a performance bond issue. Osborn stated staff recommends that the issue exceeds the scope, and that there be a financial analysis of keeping or removing performance bonds. Brenner stated citizen concerns were about setbacks. She asked if this is what exists now. Osborn stated it is. It's important that public notice be maintained on new sites. There are provisions in the new language to require that administrative approval. Weimer stated this comes to the Council with unanimous approval. He opened the public hearing, and the following people spoke: Kay Sardo spoke about an unrelated topic. Carol Tagayun, AT&T Director of External Affairs, stated she thanks staff for their time and work invested in this process. This ordinance will work for her industry and also address community concerns. AT&T is involved because this ordinance impacts deployment of wireless technology. There has been large growth of wireless technology in households and businesses. She supports the ordinance, which streamlines the process. There are opportunities for additional streamlining. Kristen Larson, Busch Law PLLC, stated she represents AT&T. There are two opportunities for additional streamlining. First, place modifications of existing nonconforming uses, should they exist in the County, that do not substantially change the physical dimensions of the facility under proposed Whatcom County Code (WCC) 20.13.040. These proposals must be approved under federal law. These proposals are subject to State, federal, and local laws. There is no compelling public benefit to subjecting a proposal to the time and expense of a conditional use permit application process and Hearing Examiner process. Second, remove WCC 20.13.062(11), for which no changes are recommended by Planning Commission or staff at this time. It's duplicative of section 20.13.150. The County can use its existing code enforcement authority to ensure non -operating facilities are removed at the owner's expense. Hearing no one else, Weimer closed the public hearing. Brenner moved to adopt the ordinance. She asked if the performance bonds would have to be done separately. Osborn stated the speaker's point is that a performance bond is burdensome to an applicant every time a project proponent wants to add new antennae. Removing the performance bond measure would require additional research. Browne asked if a new bond is required each time there is a change to an existing facility or just when there is a new facility. Osborn stated the bond requirement would have to be reviewed to ensure the amount of money set aside could cover the cost of removal, should the County be required to remove that portion of the facility. Whatcom County Council, 7/22/2014, Page 2 233 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Browne asked the logic of needing a new bond when streamlining the process. The liability to remove the tower wouldn't change. Osborn stated the permitted use section doesn't have anything to do with the performance bonds. The streamlining aspect of the amendment is that it's a principal use to add on or replace equipment, but it doesn't exempt it from performance standards in the code, including a performance bond. Browne asked how many towers are on County property and why the County would require a performance bond for something located on private property. Osborn stated there are few on County property. She doesn't know why they require it on private property. She explained the history of this code, which was copied from a model code that other counties and cities also adopted. It is an issue that needs more consideration and seems to be beyond the scope of this amendment. Weimer stated the Planning Commission asked that the performance bond issue come back for more research and clarification. Browne stated he supports performance bonds on County land, but not on private lands. Crawford asked if legal counsel has reviewed whether there is an inconsistency with federal law. Osborn stated legal counsel agreed that an inconsistency would exist if the County Code interfered with the implementation of federal law. The County has a process for approval, which is the conditional use permit process. Browne stated that in addition to a tower's size, its visual appearance, output, impact on wildlife, and transmitted frequency can change. He asked if the code allows those characteristics to change. Osborn stated visual appearance must comply with the County Code. Frequency, transmission, and emissions are regulated by the Federal Communications Commission (FCC). Browne stated increasing or changing the power output could affect the neighborhood. He asked if this ordinance gives up the County's ability to review power output when there are changes. Osborn stated they must still comply with performance standards. None of those are changing, so they still apply. Mark Personius, Planning and Development Services Department, stated the power output is regulated by the FCC. The County doesn't regulate the power output, only where they are located and how tall they can be. The changes in this ordinance are related to replacement of existing towers or their components. Weimer stated federal regulations preclude the County from dealing with power output issues. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7) Nays: None(0) OPEN SESSION Whatcom County Council, 7/22/2014, Page 3 234 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. (7: 51: 41 PM) The following people spoke: • Kay Sardo submitted and read from a handout (on file) and spoke about the County jail system and proposed mental health court. • Greg Brown spoke about the process to update the Coordinated Water Systems Plan and funding the water action plan. • Bob Seaman spoke about code violations by his neighbor, Beacon Battery, and about finding money to augment County enforcement staff for code violations. Jack Louws, County Executive, gave a staff report and stated the administration is in the process of hiring code enforcement staff. CONSENT AGENDA (8: 06:20 PM) Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through three and five. Item four is held in committee. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7) Nays: None(0) 1. RESOLUTION ORDERING THE CANCELLATION OF UNCLAIMED FUNDS MORE THAN TWO YEARS OLD FROM THE WHATCOM COUNTY JAIL INMATE TRUST FUND (AB2014-264) 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERAGENCY AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS TO VERIFY THE ADDRESS AND RESIDENCY OF ALL REGISTERED SEX OFFENDERS AND KIDNAPPING OFFENDERS IN ACCORDANCE WITH RCW 9A.44.130, IN THE AMOUNT OF $143,090.49 (AB2014-265) 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND MAUL, FOSTER & ALONGI, INC. FOR UPDATE TO THE COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN, IN THE AMOUNT OF $87,981 (AB2014-266) 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND RH2 ENGINEERING, INC. FOR THE UPDATE OF THE WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN — REGIONAL SUPPLEMENT, IN THE AMOUNT OF $174,776 (AB2014- 267) Whatcom County Council, 7/22/2014, Page 4 235 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE PURCHASE OF AUTO PARTS FOR THE REMAINDER OF 2014 THROUGH AUGUST 2015, USING THE WASHINGTON STATE CONTRACT, FROM AUTO ZONE STORES, CARQUEST AUTO PARTS (DBA NAPA), MOTION AUTO SUPPLY, AND SEATTLE AUTOMOTIVE DISTRIBUTING, IN AN ESTIMATED AMOUNT OF $80,000 (AB2014-268) OTHER ITEMS 1. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, THIRTEENTH REQUEST, IN THE AMOUNT OF $790,206 (AB2014-255) (8: 07:12 PM) Crawford reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7) Nays: None(0) 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND LAND DEVELOPMENT AND ENGINEERING SERVICES, INC. FOR CONSTRUCTION INSPECTION SERVICES FOR THE BEACHWAY DRIVE AND FERN/PARK STORMWATER IMPROVEMENTS PROJECT, IN THE AMOUNT OF $37,440 (AB2014-260) (8: 08:12 PM) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Crawford reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7) Nays: None(0) 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND TETRA TECH, INC. FOR CONSTRUCTION INSPECTION SERVICES FOR THE BEACHWAY DRIVE AND FERN/PARK STORMWATER IMPROVEMENTS PROJECT, IN THE AMOUNT OF $50,924 (AB2014-261) (8:08:51 PM) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Crawford reported for the Finance and Administrative Services Committee and moved to approve the request. Whatcom County Council, 7/22/2014, Page 5 236 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7) Nays: None(0) 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND ROSARIO ARCHAEOLOGY, LLC FOR CULTURAL RESOURCE INVESTIGATIONS FOR THE BEACHWAY DRIVE AND FERN/PARK STORMWATER IMPROVEMENTS PROJECT, IN THE AMOUNT OF $34,874.40 (AB2014-262) (8:09:18 PM) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Crawford reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7) Nays: None(0) 5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONSTRUCTION CONTRACT BETWEEN WHATCOM COUNTY AND THE LOW BIDDER, LEN HONCOOP GRAVEL, INC. FOR THE BEACHWAY DRIVE AND FERN/PARK STORMWATER IMPROVEMENTS PROJECT, IN THE AMOUNT OF $520,923.39 (AB2014-263) (8:09:38 PM) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Crawford reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7) Nays: None(0) 6. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.03, BOARDS AND COMMISSIONS, TO CHANGE APPLICATION DEADLINES (AB2014-258) (8:10: 04 PM) Crawford reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. He stated he is opposed to the ordinance. Many folks don't hear about positions early on, and will often read about it at the last minute, sometimes through the media. It's common for the Council to receive applications at the last minute. Allow every opportunity for people to apply. He's not sure how the Council is served by moving the deadline up a week. Brenner moved to add language to let people know that even if the application is late the Council has the ability to hold the appointment to the next meeting. Whatcom County Council, 7/22/2014, Page 6 237 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Kremen stated he is against the motion to amend and supports the ordinance. A deadline is a deadline. The Council must make wise and informed decisions. They must know who they are considering when making appointments. Good government requires informed decisions, not decisions made at the last minute. Browne stated the Council is allowed to hold the decision. There's no need for the motion to amend. People submit applications according to the deadline, which right now is 4:00 p.m. the day of the meeting. If the deadline changes to a week earlier, people will submit their applications a week earlier because that's the deadline. Brenner stated they must accommodate and respect these volunteers. Most members of the public don't know the deadline. Include language about holding approval in the resolution. Kremen stated it's wise to have a deadline to enable applicants to submit their applications in time for publication in the Council packet. The motion to amend failed by the following vote: Ayes: Brenner (1) Nays: Mann, Crawford, Browne, Buchanan, Weimer and Kremen (6) The motion to adopt carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6) Nays: Crawford (1) 7. RESOLUTION AMENDING WHATCOM COUNTY CODE 100.02, FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE VACANCIES, AND WHATCOM COUNTY CODE 100.06, SUBZONE ADVISORY COMMITTEE VACANCIES (AB2014-259) (8:19:37 PM) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Crawford reported for the Finance and Administrative Services Committee and moved to approve the request. The motion to adopt carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Kremen (6) Nays: Crawford (1) 8. RESOLUTION ESTABLISHING A POLICY FOR ACRONYM USE IN DOCUMENTS SUBMITTED TO THE COUNTY COUNCIL (AB2014-276) (8:20:48 PM) (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Crawford reported for the Finance and Administrative Services Committee and moved to approve the substitute resolution. Whatcom County Council, 7/22/2014, Page 7 238 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Kremen stated he supports the resolution and suggested a friendly amendment to amend language in the resolved section, "Now, Therefore, Be It Resolved that the Whatcom County Council requests t#a-t the Executive directs staff to prepare documents..." Browne accepted the friendly amendment. Brenner asked Executive Louws if he accepts the word "direct" in the resolved section. Jack Louws, County Executive, stated he is fine with the language as presented. When the new website is deployed, he will take latitude in terms of how this is rolled out to the staff and departments. There are ways to simplify the process so it doesn't become another task. Get department website staff to keep up on this and integrate it into daily workflow. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7) Nays: None(0) 9. RESOLUTION COMMENCING THE COORDINATED WATER SYSTEM PLAN UPDATE PROCESS (AB2014-253) Brenner reported for the Public Works, Health, and Safety Committee and stated this item is held in committee. EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENTS OF BRENT WALKER AND DUNHAM GOODING TO THE BELLINGHAM- WHATCOM PUBLIC FACILITIES DISTRICT (AB2014-269) (8:28:23 PM) Kremen moved to confirm the appointments. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7) Nays: None(0) INTRODUCTION ITEMS (8:28:45 PM) Crawford moved to accept the Introduction Items. Browne asked for a map for Introduction Items two and three. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Browne, Buchanan, Weimer and Kremen (7) Nays: None(0) Whatcom County Council, 7/22/2014, Page 8 239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 1. ORDINANCE AMENDING WCC 12.60 — ROAD NAMING SYSTEM (AB2014-270) 2. RESOLUTION APPROVING RECOMMENDATIONS ON APPLICATIONS FOR OPEN SPACE CURRENT USE ASSESSMENT ON LANDS LOCATED WITHIN THE CITY OF FERNDALE (AB2014-271) 3. RESOLUTION APPROVING RECOMMENDATIONS ON APPLICATIONS FOR OPEN SPACE CURRENT USE ASSESSMENT ON LANDS LOCATED WITHIN UNINCORPORATED WHATCOM COUNTY (AB2014-272) 4. ORDINANCE AMENDING THE 2014 WHATCOM COUNTY BUDGET, FOURTEENTH REQUEST, IN THE AMOUNT OF $60,813 (AB2014-273) 5. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.06, GRANT APPLICATIONS, TO CLARIFY REQUIREMENTS FOR GRANT APPROVAL AND APPROVAL EXEMPTIONS (AB2014-275) COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES (8: 29: 21 PM) Buchanan reported for the Natural Resources Committee and stated there was a presentation and discussion of a memorandum from the Forestry Advisory Committee detailing the Committee's concerns regarding loss of forest land and suggested measures that can be taken to achieve no net -loss of working forests (AB2014-274). The Committee has asked for more information from the Advisory Committee. Brenner reported she attended a water forum at Silver Reef Casino that was extremely informative. The meeting may be online and available for people to view. Browne reported that he attended a Birch Bay discussion on water law, and learned a lot of new information. Second, he had the privilege of being on a berry harvester to harvest blueberries. Last, he attended the Flood Control Zone District Advisory Committee. The Board believes the flood fund is just for floods. The Revised Code of Washington (RCW) says it is for flood, stormwater, and water quality issues. There is little understanding of the guidelines for prioritizing projects. Flood control board funding is governed by RCW 86.15.080 and WCC 100.05.040. It may be necessary to change the name of the board to be clearer about how the funds can be used. Every time the County spends money on something other than a flood, the board members think the County is doing the wrong thing, but it's not. Kremen stated the State law originally made the flood tax or fee more restricted. It has evolved and is now less restrictive and can be used for a number of things. Weimer reported that he is speaking with the Point Roberts Taxpayers Association tomorrow. Whatcom County Council, 7/22/2014, Page 9 240 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 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Crawford reported that the boat launch at Big Bear Lake in Southern California has a big sign that addresses aquatic invasive species and boat inspections. Also, he will not be able to attend the next Council meeting. Jack Louws, County Executive, reported that he thanks the councilmembers for their work at the surface water work session last week. Twenty-one percent of the existing watershed residences are in the city, and 79 percent are in rural Whatcom County. If the amount in the urban growth area (UGA) is included with the city number, the split is 45 percent and 55 percent. At full buildout, there will end up being 3,380 residences in the city and 5,290 in rural Whatcom County. Whatcom County government plays a big role in the amount of buildout in the watershed and around Lake Whatcom. That's why the County must continue to be an active participant in what's going on out there. He is thankful for the progress made in the last few years and looks forward to partnering with the City to protect the watershed and drinking water. ADJOURN The meeting adjourned at 8:40 p.m. 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 Whatcom County Council, 7/22/2014, Page 10 241 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 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Whatcom County Council Board of Health July 29, 2014 CALL TO ORDER Council Chair Carl Weimer called the meeting to order at 10:34 a.m. in the County Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Barry Buchanan, Ken Mann, Pete Kremen, Rud Browne, and Carl Weimer Absent: None 1. PUBLIC SESSION No one spoke. 2. DIRECTOR'S REPORT Regina Delahunt, Health Department Director, stated they are in the midst of a public health accreditation process. They met 90 percent of the 97 standards in the review process. Only three standards were not met. There is a gap in data and measurement. The department will get the accreditation in September. They have not done a good job of having measurable, demonstrable measures, but they are working on it. If they don't get accreditation, they will have a year to make adjustments. The review board determined that their greatest strengths are: nurturing community partnerships; assuring critical health services are provided in the community; and positive communication between the department and the governing body. Their greatest challenges are: specific, measurable, time -framed strategies and objectives in the Community Health Improvement Plan (CHIP), the strategic plan, and the operational plans; timely implementation of plans; and systematic data analysis for trends and program effectiveness. They are working with the Public Health Advisory Board (PHAB) on updating the strategic plan. They will bring the update forward in October for feedback on strategic priorities for the next four years. They were awarded the local health department of the year award by the National Association of County and City Health Officials (NACCHO). They won the award as a result of the Board of Health's policy decisions. Weimer stated the Developmental Disability Advisory Board spent a recent meeting talking about measurable metrics. Delahunt stated it's an area they want to focus on. 242 Board of Health, 7/29/2014, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner asked if there will be an information technology upgrade that will help put that measurable information together. Delahunt stated they have the technology. It's a matter of focusing on it and making sure the measures are in place. Kremen asked if the accreditation board is aware of the award. Delahunt stated they are the same organization. The County will be accredited. It's just a matter of whether the accrediting board wants the County to do a little more work before accreditation. Weimer asked how many counties are accredited. Delahunt stated around 40 to 60 are accredited. It's not many. It's a new program. The State Department of Health and Spokane County are accredited. Whatcom County is the third entity in Washington State to have applied. Browne asked if they will benchmark the County against State and national information. Delahunt stated they will. They will align with national benchmarks and other measures that are reported statewide. Browne stated he would like to see a benchmark that places and keeps people on eligible benefits as long as possible, rather than going in and out of the system. Mann stated he congratulates Ms. Delahunt for the award. All in the department deserve it. He's grateful for the Health Department. 3. PUBLIC HEALTH ADVISORY BOARD (PHAB) UPDATE Doug Benjamin, Public Health Advisory Board Chair, stated the Board has a full complement of members. Three issues they reviewed include the decontamination of illegal meth sites, the water action plan, and the budget. They have prepared a letter regarding their recommendations on the water action plan. They also developed a matrix that categorized the long list of water issues in terms of public health jurisdiction. They will provide the Board of Health with a copy of that matrix. Weimer stated he thanks the Advisory Board for addressing the water action plan and asked if the Advisory Board appreciates having suggestions from the Board of Health about issues to discuss. Benjamin stated it does. That's the way the process should work. The Advisory Board members have broad areas of expertise. Weimer stated the Board of Health members often don't have that expertise to address health concerns that the community brings forward, such as herbicide spraying using Roundup. That may be a good issue for the Advisory Board to review. Benjamin stated they will put that item on the Advisory Board agenda. 4. BUDGET/PROGRAM PRIORITIES Regina Delahunt, Health Department Director, stated she would like to focus on their priorities for the upcoming budget, including restructuring and making changes. She would like feedback from the Board about restructuring. She referenced and read through the budget background information in the Board packet (on file). Each program manager will present the priorities in their areas. Board of Health, 7/29/2014, Page 2 243 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Community Health Astrid Newell, Health Department, stated they want to focus on building the foundation of lifeline health in childhood, developing healthier neighborhoods and communities, and helping families with special needs. Each area is connected to the community health improvement plan developed with community partners. Continue the current programs in those areas. In addition, invest time and resources in coordination for the Community Health Improvement Plan (CHIP). Use State flexible grant dollars to do that. Also, focus on the East County area, which lacks resources. The community is ready to come together to address issues of community safety and the wellbeing of families and children. They will dedicate a nursing position to that area. Delahunt stated the Human Services program area is also focusing on the East County. They will work in tandem. They will focus some resources to make sure the CHIP happens, but the community and several agencies will also invest resources into making sure the plan happens. A meeting is planned in August to figure out how all that will happen. It will cost in total about $250,000. It is coming together nicely. Mann asked about a past shift away from providing services to taking a bigger role in policy. He asked how that shift is going. Delahunt stated that shift is away from individual nurses who provide services to individuals and toward using nurses who bring people together, find resources, and bring in other community partners. Mann asked if they are happy with that philosophical shift and if it's working. Delahunt stated they are happy with it. The department still has to provide some services, but they will continue to shift where they can when others are capable of providing services. Kremen stated he supports the East County initiative. This community is very important and in need. Browne stated it seems there is an improving level of community engagement and pride in the East County. He asked how to clean up the derelict properties in that area, to continue raising the sense of community pride. Delahunt stated that is a difficult issue. There is a task force, but the jurisdictions have limited enforcement capacity. Browne asked if the County can proactively buy some of those properties that come up at tax auction, clean them up, and put them back on the market. Delahunt stated the Health Department will take over the solid waste fund from the Public Works Department. They will be able to spend more time thinking about the system as a whole and the programmatic emphasis they can place on solid waste in the county. That suggestion is an issue around which they can bring partners and community members. The solid waste program needs enhancements. Brenner stated the County shouldn't buy properties. Instead, put a lien on the property so the County inherits the property, instead of buying it at auction. Delahunt stated they can make it a community -based solution by working with the community leaders and the various health department programs. 244 Board of Health, 7/29/2014, Page 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 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner stated do a better job of community trash pickups and drop-offs. Delahunt stated they can emphasize that program. Browne stated contact the Northwest Clean Air Agency to provide burning alternatives. Environmental Health John Wolpers, Health Department, stated they want to concentrate on the Health Department's role in the water action plan through the Onsite Sewage (OSS) program. A portion of the $19 fee can hire someone to help with operations and maintenance (O&M). There is a growing issue with Portage Bay, which will be designated as a marine recovery area (MRA). They try to improve water quality where they have jurisdiction. They plan to partner with the pollution identification and control (PIC) program being developed with other agencies and departments to figure out why there is so much degradation in the waterways. Delahunt stated they won't need additional funds for this position. They have been able to generate more revenue than anticipated. The new position will be covered by fees. It can better insure O&M is being done, particularly in Portage Bay. Wolpers stated another area in which they want to concentrate is with the solid waste fund and solid waste programs that are currently in the Public Works Department. The solid waste program used to focus on infrastructure, but the system has become more privatized. The Health Department has always been involved from a health standpoint, and they know the people involved and how the funding sources work. They can do a lot of work on solid waste planning. Many programs exist that aren't being used, which can help clean up the areas in East County, for example. They can do education and outreach. There are litter programs they can develop with community partners. They will bring forward an additional service request (ASR) for a solid waste specialist. Convert the current solid waste staff to an environmental health specialist. Brenner stated the solid waste fund is healthy. Delahunt stated there are resources in the fund balance. Wolpers stated a third focus area is restructuring the food program. They try to inspect establishments once per year. They do a lot of plan review, and more businesses are opening. There are also special events that come up. They must redefine the inspection frequencies and base them not on seating capacity, but on the complexity of the menu. Delahunt stated the fee structure assumes they will inspect each facility annually. However, some facilities need inspection more often and others need inspection less often. They will restructure the fees based on the risk the facility's menu poses. With that restructure, they will adjust fees accordingly over the next four years. Their goal is to have a minimum number of inspections designated for each facility while having the permit fee cover the cost of the service provided, including the overhead. They won't achieve that in one year, because the fees for some facilities will be raised too high too quickly. They are also considering whether or not they want to submit an ASR right now for an extra position for the food program. Now, they can do 900 to 1000 inspections per year. With the new Board of Health, 7/29/2014, Page 4 245 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. structure, they will have to complete 1,400 inspections per year. In the first year, they won't generate enough revenue to cover the additional staff person, but they will be able to generate enough revenue in the next three or four years. It is a policy decision on how high the fees are raised and if they want to supplement that additional inspection cost the first few years. Brenner asked if they could have a flat fee and then charge an additional fee for the more complex facilities. Don't lower the fees. People who violate should get charged. In addition to menu complexity, consider the people who don't comply. Delahunt stated there is an additional fee for those who don't comply. Wolpers stated menu complexity and the risk to the individuals who dine at the facility are reviewed. Browne stated the community wants more restaurant options in the area. Don't discourage people from opening restaurants. The approach of menu complexity may have unintended consequences. He doesn't want to discourage complex menus. Also, monitor restaurant review websites to see what the patrons are saying. Wolpers stated they aren't talking about doing anything new with menu complexity. Other counties have already used this model. There are different ways to structure fees. It won't raise fees. They are reassigning different establishments within the proposed fee structure. Crawford stated also inspect various unknown wedding venues around the county. The Planning Commission is taking on the issue of wedding venues. It may be something the Health Department may want to look into. Communicable Disease and Epidemiology German Gonzalez, Health Department, stated they will continue their efforts in communicable disease and control. They plan a couple of changes. The first is to the tuberculosis (TB) program and managing latent TB infections. There are community resources that can help address complex cases to make the staff's time more efficient. They have been studying this change for the past year, and it is based on solid evidence. The second change is to the immunization program. They must improve vaccine coverage in the county. The staff have limited time to give vaccines to patients. They are proactively referring patients to services instead. There is a proposal to suspend the immunization clinic, which gives immunizations to children one afternoon per week. They surveyed why people come to the Health Department, and they are addressing those reasons and referring people to providers. They propose to stop the weekly clinic and will allow the nurses to continue to help providers and to implement more visible programs that can affect immunization rates. They want to mirror outcomes from the Healthy People 2020 initiative. They will retain the ability to give vaccines as needed to those who cannot get a provider. The Department doesn't have the manpower to make an impact on the community directly, so it's necessary to have strategic alliances with stakeholders in the community. For example, there is a task force to deal with sexually transmitted infections (STI). They will recruit more people to help fight the problems and be more effective. 246 Board of Health, 7/29/2014, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. They have also convened a task force on infection control and prevention for nursing facilities and nursing homes. Prevent outbreaks by creating a task force that includes emergency medical services (EMS) and hospital staff. Address long-term infections in those care facilities. Brenner asked what is latent TB and if there will be a TB vaccine. Gonzalez stated the person with latent TB has been exposed to the infection, has a risk of developing an active infection, and becomes a risk to others. Those with latent TB are not contagious. A TB vaccine is available in other countries, but it's questionable whether it works. They don't use it in the United States. Brenner asked about infections at hospitals. Gonzalez stated it is a big issue. Make sure they have a coordinated effort, and people know what is happening when someone with an infection is discharged. There must be standard procedures. Buchanan asked about potential upcoming communicable disease issues, such as recent breaches in containment and the Centers for Disease Control and Prevention (CDC) and ebola. Gonzalez stated they don't anticipate upcoming problems. They have a good communicable disease surveillance system and good communication and coordination with healthcare providers. They are working on partnerships with schools, such as Western Washington University. Dr. Greg Stern, Health Department, stated the surveillance system depends on relationships with the public and community clinics. People must report in a timely way. They work with emergency preparedness staff to allow them to quickly identify and respond to issues. They have the capacity to recognize, communicate, and respond to any potential problems. The policy shift doesn't eliminate direct services, but it has the appropriate balance with policy system and development. Human Services Delahunt stated housing revenues are down by 40 percent. They don't see that trend changing. Staff is blending funding streams to keep the services at the highest level possible. Some services may drop off. Mental health court is happening. They are in the hiring process for a mental health coordinator. Behavioral health integration is happening to combine substance abuse and mental health funding streams at a regional level. They must make sure the local needs are met. Behavioral health will also be integrated with primary care in the next three to five years. The improvements to the triage program are necessary to meet all their needs. They will remodel the current facility to make better use of the existing beds. An additional service request (ASR) will come forward for short-term improvements. In the long term, have a secure facility where EMS and law enforcement can drop people off. That will take some policy change by the State in the next few years. Staff will work with the Board to support that policy. They will need a complete facility redesign for that. Dollars are set aside for a change to that facility. Weimer asked if money for the triage program will be blended into the costs of the new jail. Delahunt stated they discussed co -location of the two in the past, but they decided it may not be in the best interest of the two. Board of Health, 7/29/2014, Page 6 247 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Weimer stated triage may help reduce the number of beds they need at the jail. He asked if the funding for that should somehow be a part of what the voters think about. Delahunt stated $3 million is for the facility, and there are also significant ongoing operational costs. Crawford asked how they are going to invest in the facility on Division Street. Delahunt stated they will put in about $60,000 to make the facility more functional. Now, they aren't able to fill all the beds because of reduced functionality. Crawford asked if a permanent triage facility will be in town. Delahunt stated they don't know yet where it will be located. Mann stated there are so many designated funding streams. He asked what it will all look like in a few years given the recent changes to the Affordable Healthcare Act. They have little control over so many things. Delahunt stated they have been struggling with the uncertainty for a couple of years. They're predicting as best they can as they go along. All they know is that things will change in the next two to four years. She doesn't know how the system will settle. Crawford asked the time table for moving out of the State Street facility. Delahunt stated they will stay at State Street for the time being. There will be remodeling done at the Civic Center building. The plan was for administration and the Human Services program to move into the Civic Center. The staff at State Street would move into the Girard Street building with Environmental Health. Those plans aren't decided, and it likely won't be this year or next year. Crawford stated the remodeling costs haven't come through the Council yet. Delahunt stated the Executive plans to bring those forward this fall. Browne stated he would like to have a presentation on the levels of response if there is a major disease outbreak. S. COUNCIL DISCUSSION AND RECOMMENDATIONS REGARDING HEALTH PRIORITIES (Clerk's Note: See item four for discussion and recommendations.) Delahunt stated it sounds like the health department is heading in the right direction, and the Board members aren't opposed to anything they plan. The Board concurred. ADJOURN The meeting adjourned at 12:05 p.m. The Council approved these minutes on , 2014. KM Board of Health, 7/29/2014, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Board of Health, 7/29/2014, Page 8 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole August 5, 2014 CALL TO ORDER Council Chair Carl Weimer called the meeting to order at 6:32 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Rud Browne, Barry Buchanan, Ken Mann, Pete Kremen and Carl Weimer Absent: Ken Mann and Sam Crawford COMMITTEE DISCUSSION 1. CONSIDERATION OF AN APPEAL OF A HEARING EXAMINER'S DECISION (APL2014- 0001 & APL2014-0002), FILED BY DAVID STALHEIM, REGARDING A 180 DAY EXTENSION TO A LAND DISTURBANCE PERMIT (LD02011-0054) ISSUED TO PACIFIC INTERNATIONAL TERMINALS, INC. (AB2014-208) Attorney Present: Karen Frakes and Dan Gibson Weimer stated that discussion of agenda item one may take place in executive session pursuant to RCW42.30.110 (1)(i). Executive session will conclude no later than 7:00 p.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Kremen moved to go into executive session until no later than 7:00 p.m. to discuss the agenda items pursuant to RCW citations as announced by the Council Chair. The motion carried by the following vote: Ayes: Brenner, Browne, Buchanan, Kremen and Weimer (5) Nays: None (0) Absent: Ken Mann and Sam Crawford (2) OTHER BUSINESS ADJOURN The meeting adjourned at 6:57 p.m. The Council approved these minutes on 2014. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON 250 Committee of the Whole, 8/5/2014, Page 1 1 2 3 4 5 6 7 8 9 10 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Carl Weimer, Council Chair Committee of the Whole, 8/5/2014, Page 2 251 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-287 CLEARANCES In dal Date Date Received in Council Office Agenda Date Assi ned to: Originator: 914114 �I 1i jl _ - � 9116114 NR Committee Division Head. 914114 9116114 Introduction Mark Personius .� S 1E,," P 0 9 201 Dept. Head: Sam Ryan ! 9/30/14 Hearin g Prosecutor: Royce Buckingham A-% �g b �t�� H XFG- M COUNTY Purchasing/Budget: COUNCIL Executive: Jack Louws - / TITLE OF DO M A Whatcom County Ordinance Adopting Amendments to Whatcom County Code, Title 23 — Shoreline Management Program ATTACHMENTS: 1. Staff Memo and Exhibits, including: C. Dept. of Ecology response to Resolution No. A. Draft Ordinance 2009-020, May 6, 2014 B. Resolution No. 2009-020 SEPA review required? ( X) Yes ( ) NO Should Clerk schedule a hearing? ( X) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 9130114 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Proposed ordinance adopting some Shoreline Management Plan amendments processed in 2009 and approved by Council per Resolution 2009-020. The County notified ECY on October 29, 2009, of the proposed amendments, and ECY responded on May 6, 2014. ECY is requiring three minor amendments to the language and recommend seven others. COMMITTEE ACTION. • COUNCIL ACTION.• 9/16/2014: Discussed in Natural Resources Committee 9/16/2014: Introduced 7-Or Proposed Public Hearing for 9/30/14 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. 252 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax tCom co �qs 0 Memorandum TO: The Honorable Whatcom County Council The Honorable Jack Louws, Whatcom County Executive THROUGH: Mark Personius, Long Range Plaming Manager 44P FROM: Cliff Strong, Senior Planner *- DATE: September 2, 2014 J.E. "Sam" Ryan Director SUBJECT: Shoreline Management Program (SMP) 2009 Amendments The Whatcom County Council approved SMP amendments by Resolution No. 2009- 020 Exhibit B) on March 17, 2009. In order to become law, the State Department of Ecology (Ecology) had to review and approve the proposed amendments. The County notified Ecology on October 29, 2009, of the proposed amendments, and Ecology responded on May 6, 2014 (Exhibit C). Ecology is requiring three (3) minor amendments (Exhibit C, Attachment B) to the language. They have also made seven (7) recommended changes (Exhibit C, Attachment C). Staff has prepared an ordinance for the Council's consideration (Exhibit A) that includes the Council's approved language from Resolution No. 2009-020, but with the three minor amendments required by Ecology, as well as seven recommended changes. Staff concurs with their required and recommended changes, though has one minor amendment to one of their recommended changes. If the Council adopts this ordinance as presented, then we would forward it to Ecology for review, and it would go into effect 14 days from their issuance of an acceptance letter. Background A SMP update was approved by the Council and State, and became effective August 8, 2008. However, some of the changes required by Ecology met steep opposition locally and in October 2008 Council asked staff for some amendments that would address the main concerns: • Building and expanding within the shoreline setback, • how to rebuild a damaged home, • changes to the Cherry Point Management Area, and • definitions. These proposed amendments were discussed in four Natural Resource committee meetings and with the Shoreline Management Plan/Critical Areas Citizens' Advisory 253 Committee on January 7, 2009. The amendments were submitted for state review on April 6, 2009, a State hearing was held on August 3, 2009, and a formal request for a response was sent by Whatcom County on October 29, 2009. Ecology just responded on May 6, 2014. Proposed Amendments In general the amendments Council approved via Resolution No. 2009-020 provide relief from some of the administrative and financial burdens for single-family home owner projects of little to no shoreline impact, while still affording significant protections overall through 100 -150 foot buffers and a building area of 2,500 square feet on non -conforming lots. Council added clarifying language to better distinguish non -conforming uses, structures, and lots. 1. Damage to single family residences on a nonconforming lot from natural causes. The changes clarify the intent to allow for the repair or replacement of a single family residence unless there is a life and safety issue. The modified code refers to the definition of `hazardous areas." Additional clarity as to what needs to be commenced within 18 months was added. The change also distinguishes residential uses from non -conforming uses. 2. Review of 2,500 sf Building Area Allowance and the nonconforming section. For new development, the 2,500 square feet allowance for single family residences without a variance was retained. Clarification that impacted road and side yard setback do not count toward the 2500 sf building area was added. Lots that qualify as nonconforming would no longer be required to be less than 20,000 square feet and created prior to 1976. The 2,500 sf limit is consistent with Water Resource Protection Overlay Districts that apply on many shoreline lakes, i.e., Lake Whatcom and Lake Samish. Building within the buffer has required a variance in previous County Shoreline Programs; this is an allowance that is new to Whatcom County. 3. Limited redevelopment of existing residence, landward of the water, would be changed to a Permitted use. On -existing -residential - -- - development, amendments make it less onerous for landowners to remodel, by foregoing the conditional use permit or variance process. This allows for minor projects that add less than 250 sf gross floor area of the home on previously impacted surfaces. Expansions of 250 - 500 sf would only be allowed with mitigation of an equivalent area. Any proposal greater than 500 sf or on pervious surfaces would require a conditional use permit. This would be allowed once during the life of the structure without a conditional use permit. 4. In the Cherry Point Management Area section, language was added to reflect the importance of water dependent uses in this subarea. 5. Recommended changing Flood Control Works back to Substantial Development Permit; Ecology changed had changed it to, and still recommends, that a conditional use permit be required. Page 2 of 4 254 6. Definitions: a. Change bedlands definition back, but added language to address bedlands on rivers and streams where a federal line of navigability has not been established. b. To the definition of development we suggest adding "binding site plans" as another example of what constitutes development. Note: In the accompanying ordinance, Council's amendments from Resolution No. 2008-020 are shown in standard strikeout underline. The Department of Ecology's proposed changes to that language are shown in gray highlighted s}�eeu underline. Department of Ecology's Changes Please refer to Exhibit C for Ecology's full text and their rationale. Their Required Changes are found in Attachment B of that exhibit, and their Recommended Changes are found in Attachment C of that exhibit. Required Changes a. Item 1 fixes a faulty cross-reference in Appendix F. b. Items 2 and 3 substitute the word "illustrated" for defined, since it refers to a graphic in Appendix F. Recommended Changes c. Item 1 expands the types of nonconforming structures eligible for expansion through a Conditional Use Permit. d. Item 2 i. Expands the types of nonconforming structures damaged or destroyed allowed to rebuild; ii. Allows rebuilding of nonconforming structures in geohazard and flood areas as long as it is consistent with the Critical Areas Regulations of the County Code; and iii. Clarifies that this section pertains to nonconforming structures, not uses. e. Item 3 i. Clarifies that "life of the structure" is 100 years. ii. Adds a reference to the definition of "gross floor area." f. Item 4 adds a definition of "gross floor area" to the Shoreline Management Plan. Note that the definition provided by Ecology in their letter was, in staff's opinion, unclear, so we have worked with Ecology staff to arrive at that language in the draft Ordinance (WCC 20.110.F). g. Item 5 corrects a scrivener's error. h. Items 6 and 7 recommend that the County require Conditional Use Permits for flood control works and instream structures. However, this language had been removed by Council via Resolution 2009-020 based on testimony from the Department of Public Works and staff continues to support this position. Page 3 of 4 255 As it is only a recommended change from Department of Ecology, the Council is not required to make this change. Process Legal staff has recommended that a public hearing be held on this ordinance. Exhibits Exhibit A - Draft Ordinance adopting SMP Amendments Exhibit B - Resolution No. 2009-020 Exhibit C - Dept. of Ecology response to Resolution No. 2009-020, May 6, 2014 Page 4 of 4 256 I:\Planning Division\Long Range Planning\Shoreline Update\2009 SMP Amendments\2009 Amendments processed in 2014\Ord adopting 2009 amendments, 2014-09-02 draft 2.docx 1 PROPOSED BY: PDS 2 SPONSORED BY: BY: PDS 3 INTRODUCTION DATE: 9/16/14 4 5 6 ORDINANCE NO. 7 8 A WHATCOM COUNTY ORDINANCE ADOPTING 2009 AMENDMENTS TO 9 WHATCOM COUNTY CODE, TITLE 23 ® SHORELINE MANAGEMENT PROGRAM 10 11 WHEREAS, the Washington State Legislature passed the Shoreline 12 Management Act (SMA) in 1971 requiring counties and cities to adopt and 13 administer local shoreline management programs to carry out the provisions of the 14 Act; and 15 WHEREAS, the Whatcom County Shoreline Management Program (WCC, 16 Title 23 [SMP]) was originally adopted on May 27, 1976 and approved by the 17 Department of Ecology on August 27, 1976; and 18 WHEREAS, in 1995 the State Legislature directed the Washington State 19 Department of Ecology to update the Shoreline Management Program Guidelines 20 (WAC 173-26), which serve as the standards and guidance that local governments 21 must follow in drafting local shoreline management programs; and 22 WHEREAS, in December 2003, the Department of Ecology adopted new, 23 revised Shoreline Guidelines (WAC 173-26); and 24 WHEREAS, pursuant to RCW 90.58.080, Whatcom County was required to 25 review and update its existing 1998 Shoreline Management Program to ensure 26 conformance with the required elements of the 2003 Shoreline Guidelines; and 27 WHEREAS, Whatcom County passed Ordinance 2007-017 adopting the 28 Shoreline Management Program amendment on February 27, 2007; and 29 WHEREAS, on August 8, 2008 the State Department of Ecology approved 30 the Whatcom County Shoreline Management Program with changes, per WAC 173- 31 26-120; and, 32 WHEREAS, significant public comments were heard following Washington 33 State Department of Ecology approval that resulted in the proposed amendments; 34 and 35 WHEREAS, comments were solicited from federal, state, local, regional and 36 tribal interests in accordance with Chapter 90.58.130 RCW; and 37 WHEREAS, on November 26, 2008, draft amendments to the County 38 Shoreline Management Program were sent to the Department of Ecology for 39 comment in accordance with WAC 173-26-100(5), a meeting was held on Page 1 257 I:\Planning Division\Long Range Planning\Shoreline Update\2009 SMP Amendments\2009 Amendments processed in 2014\Ord adopting 2009 amendments, 2014-09-02 draft 2.docx 1 December 19, 2009 to discuss potential amendments, and on Dec. 18 and Jan. 2, 2 2009, Ecology provided the County with comments; and, 3 WHEREAS, on December 3, 2008, draft amendments to the County 4 Shoreline Management Program were sent to the Department of Commerce in 5 accordance with WAC 173-26-100(5) and RCW 36.70A.106; and, 6 WHEREAS, the County Shoreline Citizens Advisory Committee provided 7 input to the draft amendments at a public meeting on January 7, 2009; and, 8 WHEREAS, the Whatcom County Natural Resources Committee held public 9 meetings on December 2, 2008, February 10, 2009, and January 27, 2009 to 10 review the proposed shoreline master program amendments; and, 11 WHEREAS, as a result of these meetings, revisions recommended by the 12 public, commenting agencies and the Department of Ecology were incorporated into 13 the proposed shoreline master program amendments; and, 14 WHEREAS, the Whatcom County Natural Resource Committee recommended 15 approval of the proposed amendments on Tuesday February 10, 2009; and 16 WHEREAS, after having undergone proper environmental review, a SEPA 17 Determination of Nonsignificance (DNS) and Adoption of Existing Environmental 18 Document was issued on February 17, 2009; and 19 WHEREAS, the revised Shoreline Master Program was formally considered 20 by the County Council during a public hearing held on February 24, 2009, as 21 advertised in accordance with WAC 173-26-100; and, 22 WHEREAS, on March 17, 2009, the County Council adopted Resolution 23 2009-020, declaring the Council's approval of and intention to adopt the February 24 10, 2009 amendments; and, 25 WHEREAS, the County Council directed the Planning Department to send the 26 proposed shoreline master program amendments and supporting materials, 27 consistent with WAC 173-26-110 submittal requirements, to Ecology for its review 28 and adoption, which was done on November 28, 2008; and, 29 WHEREAS, on May 6, 2014, Ecology provided comments, requiring three 30 changes and recommending seven others; and, 31 WHEREAS, the Shoreline Master Program amendments were again formally 32 considered by the County Council during a public hearing held on September 30, 33 2014, as advertised in accordance with WAC 173-26-100; and, 34 WHEREAS, the Whatcom County Council finds the attached amendments to 35 be in the best interest of the public health, safety and welfare; 36 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that 37 the Whatcom County Council adopts the February 10, 2009, shoreline master 38 program amendments as modified by Ecology and shown in the following sections, Page 2 258 I:\Planning Division\Long Range Planning\Shoreline Update\2009 SMP Amendments\2009 Amendments processed in 2014\Ord adopting 2009 amendments, 2014-09-02 draft 2.docx 1 with the understanding that in accordance with RCW 90.58.090, the proposed 2 shoreline master program amendments will become effective locally fourteen (14) 3 days from State Department of Ecology written notice of final action. 4 5 SECTION 1. Whatcom County Code Section 23.50.070 is hereby amended as 6 follows: 7 8 23.50.07 Nonconforming Development 9 The following provisions shall apply to lawfully established uses, buildings and/or 10 structures that do not meet the specific standards of this Program. 11 A. The lawfully established use of any building, structure, land or premises existing 12 on the effective date of initial adoption of the Program (August 27, 1976), or 13 any subsequent amendment thereto or authorized under a permit or approval 14 issued, or otherwise vested, prior to the effective date of initial adoption of the 15 Program or any subsequent amendment thereafter shall be considered 16 nonconforming and may be continued, subject to the provisions of this section; 17 provided that, agricultural activities shall conform to WCC 16.16.290; provided 18 further that, bulkheads shall conform to SMP 23.100.13. 19 B. An existing use designated as a conditional use that lawfully existed prior to the 20 adoption of this Program or the adoption of an applicable amendment hereto 21 and which has not obtained a conditional use permit shall be considered a legal 22 nonconforming use and may be continued subject to the provisions of this 23 section without obtaining a conditional use permit. 24 C. A structure for which a variance has been issued but which does not comply with 25 applicable requirements of this Program as amended shall be considered a legal 26 nonconforming structure and the requirements of this section shall apply. 27 D. Nonconforming structures may be maintained, repaired, renovated, or 28 remodeled to the extent that nonconformance with the standards and 29 regulations of this Program is not increased, provided that a nonconforming 30 development that is moved any distance must be brought into conformance with 31 this Program and the Act; provided further, that as a conditional use a 32 nonconforming dock may be modified, reoriented or altered within the same 33 general location to be more consistent with the provisions of this SMP. 34 35 36 37 38 39 40 41 E. Nonconforming structures, other than single family residences and their appurtenances, that are expanded or enlarged must obtain a variance or be brought into conformance with this Program and the Act; provided that, ffef— nonconforming structures with conforming uses v°Fith".n ,.,..,.,n..,,,.cial eF mixed develepments may be expanded or enlarged within the existing building footprint as a conditional use pursuant to Gh-SMP 23.100.05.B.1(e). Page 3 259 I:\Planning Division\Long Range Planning\Shoreline Update\2009 SMP Amendments\2009 Amendments processed in 2014\Ord adopting 2009 amendments, 2014-09-02 draft 2.docx IF 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Nonconforming structures (including accessory structures) that are damaged or destroyed by fire, explosion, flood, or other casualty may be restored or replaced in kind if theFe is ne feasible alter -native that allews fE)F cengpliance with the provisions of this Pregrarn; provided that, the following are rnetl: enStFUeti Dermit process is commenced within eighteen (18) months of the date of such damage; and the reconstruction does not expand, enlarge, 2. Istructures containing 44nonconforming uses can be replaced in kind if there is no feasible alternative that allows for compliance with the provisions of this Program, and the permit process is commenced within 18 months of the date of such damage, and tThe reconstruction does not expand, enlarge, or otherwise increase the nonconformity, except as provided for in subsection (E) above or (H) and-(1) below. 22 G. If a non-agricultural nonconforming use is intentionally abandoned for a 23 period of twelve (12) months or more, then any future use of the 24 nonconforming building, land or premises shall be consistent with the 25 provisions of this Program. 26 H. Replacement of any nonconforming structures or buildings or portions thereof 27 within the Aquatic shoreline area shall comply with Program requirements for 28 materials that come in contact with the water pursuant to SMP 23.90.04.B.5; 29 provided that, replacement of existing wood pilings with chemically treated 30 wood is allowed for maintenance purposes where use of a different material 31 such as steel or concrete would result in unreasonable or unsafe structural 32 complications; further provided that, where such replacement exceeds 33 twenty percent (20%) of the existing pilings over a ten (10) year period, 34 such pilings shall conform to the standard provisions of this section. 35 I. Enlargement or expansion of single family residences by the addition of 36 space to the main structure or by the addition of normal appurtenances as 37 defined in Chapter ll,-that extend waterward of the existing primary 38 residential foundation walls, further into a critical area (excluding the buffers 39 of the critical areas), further into the minimum required side yard setback, or 40 that increase the structure height above the limits established by this 41 Program shall require a variance; provided that expansion of nonconforming Page 4 260 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 I:\Planning Division\Long Range Planning\Shoreline Update\2009 SMP Amendments\2009 Amendments processed in 2014\Ord adopting 2009 amendments, 2014-09-02 draft 2.docx single family residences other than that specified in this section (1), may be expanded without a variance where the provisions of SMP 23.50.07(l) or (K) apply. that weuld increase the nen eenfer-mity aii-�enereaeh further- inte areas wher--e new structures or- develepFnents weuld net new be allewed under- the Pregrang Fnay be approved by cenditienal use perngit if all of the following l--.����[A�[A<lIRR Jl:���R F[�:1��[:►�l![9R:�[ J�l��'1'1��;�lui� [.�➢%ii�•r�.n[w �G3[M.M - - - - - : : - iVMS -z. :. J. The enlargement or expansion of single family residences by the addition of space to the exterior of the main structure or normal appurtenances is ordinary high water mark, and any expansion of the footprint is landward of the existing building footprint (not the side yard), and any vertical expansion is within the existing building footprint; provided that the following conditions are met: 1. Enlargements, expansions, or additions that increase the existing primary 2. Enlargements, expansions, or additions that increase the total footprint of the existing primary structure or normal appurtenances bv 250 — 500 square feet of gross floor area las defined b SMP 23.110 shall be allowed provided that the addition will occur on a previously impacted impervious Page 5 261 2 3 4 5 6 7 I:\Planning Division\Long Range Planning\Shoreline Update\2009 SMP Amendments\2009 Amendments processed in 2014\Ord adopting 2009 amendments, 2014-09-02 draft 2.docx enhanced by the equivalent area of a building footprint that is expanded. If enhanced through planting, the Administrator shall require a vegetation management plan consistent with 23.90.06.B(2). K. The Administrator shall require a conditional use permit if the enlargement or expansion of single family residences by the addition of space to the exterior of the main structure, or normal appurtenances is in excess of those allowances provided in SMP 23.50.07.1. 8 1 L3. A structure that is being or has been used for a nonconforming use may be 9 used for a different nonconforming use only upon the approval of a 10 conditional use permit. In addition to the conditional use criteria of SMP 11 23.60.04, before approving a conditional use for a change in nonconforming 12 use, the Hearing Examiner shall also find that: 13 1. No reasonable alternative conforming use is practical because of the 14 configuration of the structure and/or the property; 15 2. The proposed use will be at least as consistent with the policies and 16 provisions of the Act and this Program and as compatible with the uses in 17 the area as the preexisting use; 18 3. The use or activity is enlarged, intensified, increased or altered only to the 19 minimum amount necessary to achieve the intended functional purpose; 20 4. The structure(s) associated with the nonconforming use shall not be 21 expanded in a manner that increases the extent of the nonconformity 22 including encroachment into areas, such as setbacks, and any critical 23 areas and/or associated buffers established by WCC 16.16, where new 24 structures, development or use would not be allowed; 25 5. The vegetation conservation standards of SMP 23.90.06.B.3 are met; 26 6. The change in use, remodel or expansion will not create adverse impacts 27 to shoreline ecological functions and/or processes; and 28 7. Uses which are specifically prohibited or which would thwart the intent of 29 the Act or this Program shall not be authorized. 30 31 32 33 34 35 36 37 38 M Nonc onforming lots lare thos-e-t-h—R have a building area of less than N. Where permitted according to shoreline areas designations (SMP Table 23.100.01), new single family development on any legal lot in shoreline jurisdiction that is nonconforming with respect to the required shoreline buffer standards may be allowed without a shoreline variance when all of the following criteria are met: Page 6 262 I:\Planning Division\Long Range Planning\Shoreline Update\2009 SMP Amendments\2009 Amendments processed in 2014\Ord adopting 2009 amendments, 2014-09-02 draft 2.docx 1 1. The depth of the lot (the distance from the ordinary high water mark to 2 the inside edge of the frontage setback) is equal to or less than the 3 4 2. standard buffer as indicated in WCC 16.16 and The building area lying landward of the shoreline buffer and interior to 5 required sideyard setbacks is twenty five hundred (2,500) square feet or 6 less, provided that consideration shall be given to view impacts and all 7 single family residences approved under this section shall not extend 8 waterward of the common -line setback as measured in accordance with 9 Appendix F. The building area means the entire area that will be disturbed 10 to construct the home, normal appurtenances (except drainfields), and 11 12 3. landscaping; and The lot is not subject to landslide hazard areas, alluvial fan hazard areas, 13 or riverine and coastal erosion hazard areas or associated buffers as 14 15 4. provided in WCC 16.16.310• and The nonconforming lot was created prior to August 8, 2008; and 16 5. Appropriate measures are taken to mitigate all adverse impacts, including 17 but not limited to locating the residence in the least environmentally 18 damaging location relative to the shoreline and any critical areas and 19 provided that all administrative reductions to sideyard and/or frontage 20 setbacks are pursued when doing so will not create a hazardous condition 21 or a condition that is inconsistent with this Program and Title 20; and. 22 6. There is no opportunity to consolidate lots under common ownership that 23 24 7. will alleviate the nonconformit • and The area between the structure and the shoreline and/or critical area shall 25 comply with the vegetation conservation standards of SMP 23 90.06.B.3• 26 27 8. and Development may not take place waterward of the ordinary high water 28 29 9. mark; and. Facilities such as a conventional drainfield system may be allowed within 30 critical areas or their buffers except wetlands and buffers, outside of the 31 building area specified above, subject to specific criteria in WCC 16.16. 32 feet in 33 �e ,Gin" size and net. .-;eet-te hazard fan hazar,J ' 34 hazard- -areas,alluvial areas, riverine and coastal ere in 1.6.4-6.03.10 be 35 36 areas or asseeiateci "U.IeFs as previ ed V... rnuay allowed 37 , 38 Eby Iffern --ern,-IIy--w4th--t4q-e 39 se'E'Liaems eF butters shorelines or critical areas s1hall Page 7 263 2 3 4 5 6 7 8 9 10 11 12 I:\Planning Division\Long Range Planning\Shoreline Update\2009 SMP Amendments\2009 Amendments processed in 2014\Ord adopting 2009 amendments, 2014-09-02 draft 2.docx :..:.: W- - 9 13 O. Redevelopment of nonconforming right-of-ways and associated 14 transportation structures, such as railroad trestles, may be permitted for 15 purposes of facilitating the development of public trails and/or public 16 shoreline access; provided that, such redevelopment shall be otherwise 17 consistent with the provisions of this Program, including but not limited to 18 the provisions for public access and no net loss of shoreline ecological 19 functions and processes, except as provided for in subsections (E) and (H) 20 above. Page 8 264 I:\Planning Division\Long Range Planning\Shoreline Update\2009 SMP Amendments\2009 Amendments processed in 2014\Ord adopting 2009 amendments, 2014-09-02 draft 2.dooc i SECTION 3. Whatcom County Code Table 23.100.01 is hereby amended as follows: SMP Table 23.100.01 Shoreline Use by Area Designation Shoreline Area Designation Shoreline Uses Urban Urban Urban Shoreline Rural Resource Conservancy Natural Aquaticlbi Cherry Resort ConservancyResidential Point Flood Control and Instream Structures P P P P P P CID X P Channelization or dams for P P X P C C X X P flood control (All other portions of the table remain as is.) Page 9 265 I:\Planning Division\Long Range Planning\Shoreline Update\2009 SMP Amendments\2009 Amendments processed in 2014\Ord adopting 2009 amendments, 2014-09-02 draft 2.docx 1 SECTION 4. Whatcom County Code Section 23.100.06.C.7 is hereby amended as 2 follows: 3 23.100.06.0 Flood Control Works and Instream Structures — Shoreline 4 Area Regulations 5 1 7. Conservancy: Flood control works and instream structures are permitted as a 6 eenditienal use subject to policies and regulations; provided that, 7 channelization or dams for flood control are prohibited. 8 9 SECTION S. Whatcom County Code Section 23.100.17.A.7 is hereby amended as 10 follows: 11 23.100.17.A.7 Site Development 12 ( All development should be constructed and operated in a manner that while 13 permitting water -dependent uses, also protects shoreline resources, their ecological 14 functions and processes, and that incorporates the following: 15 a. Low impact development approaches to avoid or minimize adverse impact to 16 topography, vegetation, water quality, fish and wildlife habitat, and other 17 natural site conditions; 18 b. Adequate temporary and permanent management measures to control 19 erosion and sediment impacts during construction and operation; and 20 c. Adequate stormwater management facilities. 21 SECTION 6. Whatcom County Code Section 23.100.17.B.4.a(1) is hereby amended 22 as follows: 23 23.100.17.B.4 Location and Design 24 a. Piers 25 (1) Piers shall be designed to accommodate only the necessary and 26 intrinsic activities associated with the movement of material and cargo 27 from land to water and water to land. The length of piers shall not 28 extend beyond that which is necessary to accommodate the draft of 29 the vessels intending to use the facility. Due to the environmental 30 sensitivity of the area, Whatcom County shall limit the number of piers 31 ( to one (1) pier, in addition to those in operation er—appreved as of 32 January 1, 1998. 33 Page 10 266 I:\Planning Division\Long Range Planning\Shoreline Update\2009 SMP Amendments\2009 Amendments processed in 2014\Ord adopting 2009 amendments, 2014-09-02 draft 2.docx 1 SECTION 7. Whatcom County Code Chapter 11 is hereby amended as follows: 2 Chapter ii Definitions 3 B 4 4. 5 6 7 8 9 14 10 11 12 13 "Bedlands" means those submerged lands below the line of extreme low tide in marine waters and below the OHWM-line of navigability or navigable e€ lakes and rivers. Where the line of navigability has not been established, bedlands would be those submeraed lands below the OHWM in lakes and rivers. "Building Area" means the entire area that will be disturbed to construct the home. normal aDDurtenances (exceDt on -site sewaae systems), and landscaping 15.44 "Building footprint" means for the purposes of this program, the ground area contained by the exterior walls of a building. 14 1 164-5. "Bulkhead" means a wall-like structure such as a revetment or seawall that is 15 placed parallel to shore primarily for retaining uplands and fills prone to 16 sliding or sheet erosion, and to protect uplands and fills from erosion by 17 wave action. 18 D 19 3. "Development" means a use consisting of the construction or exterior 20 alteration of structures, dredging, drilling, dumping, filling; removal of any 21 sand, gravel or minerals; bulkheading; driving of piling; placing of 22 obstructions; or any project of a permanent or temporary nature that 23 interferes with the normal public use of the surface of the waters overlying 24 lands subject to the Act at any state of water level. This term may include 25 activities related to subdivision and short subdivisions; binding site plans; 26 planned unit developments; clearing activity; fill and grade work; building or 27 construction; and activities that are exempt from the substantial 28 development permit process or that require a shoreline variance or 29 conditional use. 30 G 31 32 7. "Gross Floor Area" means, for the purposes of SMP 23-50-070.J, the sum total of the area included within the surrounding_ exterior walls of a building. 33 1 8-7. "Ground Water" means all water that exists beneath the land surface or 34 beneath the bed of any stream, lake or reservoir, or other body of surface 35 water within the boundaries of the state, whatever may be the geological 36 formation or structure in which such water stands or flows, percolates or 37 otherwise moves (RCW 90.44). 38 198. "Growth Management Act" means RCW 36.70A and 36.70B, as amended. Page 11 267 I:\Planning Division\Long Range Planning\Shoreline Update\2009 SMP Amendments\2009 Amendments processed in 2014\Ord adopting 2009 amendments, 2014-09-02 draft 2.docx 1 N 2 1 67. "Nonconforming Use," "Nonconforming Development" or "Nonconforming 3 Structure" means a shoreline use, development or structure that was lawfully 4 constructed or established prior to the effective date of this Program (August 5 27, 1976) or amendments hereto, but which does not conform to present 6 regulations or standards of the Program. 7 1 78. "Nonwater-oriented Use" means uses that are not water -dependent, water- 8 related or water -enjoyment. Nonwater-oriented uses have little or no 9 relationship to the shoreline and are not considered priority uses under the 10 Shoreline Management Act except single-family residences. Any use that 11 does not meet the definition of water -dependent, water -related or water- 12 enjoyment is classified as nonwater-oriented. 13 14 SECTION 7. Whatcom County Code Appendix F is hereby amended as follows: 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 Appendix F: Common -Line Setback Standards 1. Single-family residential development on nonconforming lots shall meet the setback standards established in Ch 23.90.13 Shoreline Bulk Provisions, except as provided in Ch 23.50.07. (2}N(1) through (91 INonconforming Development and subsection 2 below. ADOPTED this day of , 2014. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council WHATCOM COUNTY EXECUTIVE APPROVED AS TO FORM: Civil Deputy Prosecutor Carl Weimer, Council Chair WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: Page 12 •: �m aI PO RoA 4"'6011 01) a101)1. €, WA teas ,-000 '160 107-6 1 71 i for k41s, it its €01) a Ail<7y "r."n t I ( rSOO, 11 P sT sI)C( 4, (f if zatil), C011 9 d Fl.. ., F_, —, F Z/ N May 6, 2014 The Honorable Jack Louws County Executive Whatcom County 311 Grand Avenue Bellingham, WA 98225-4082 Re: Whatcom County Shoreline Master Program Limited Amendment - Conditional Approval, Resolution Number 2009-020. Dear Executive Louws: I would like to take this opportunity to commend Whatcom County (County) for its efforts in developing the proposed amendments to the Shoreline Master Program (SMP). It is obvious that a significant effort was invested by your staff and engaged community. The amendments provide additional flexibility and clarity to homeowners to expand existing residences without impacts to shoreline ecological functions and processes. In addition, the amendments clarify several existing provisions that will make for easier implementation over the long term. As we have already discussed with your staff, the Washington State Department of Ecology (Ecology) has identified specific changes necessary to make the proposal approvable. These changes are detailed in Attachment B. Ecology's findings and conclusions related to the County's proposed SMP amendment are detailed in Attachment A. Recommended changes are included in Attachment C. Pursuant to RCW 90.58.090 (2)(e), at this point, the County may: • Agree to the proposed changes, or • Submit an alternative proposal. Ecology will then review the alternative(s) submitted for consistency with the purpose and intent of the changes originally submitted by Ecology and with the Shoreline Management Act. Final Ecology approval will occur when the County and Ecology agree on language that meets statutory and Guideline requirements. IN ' •, The Honorable Jack Louws May 6, 2014 Page 2 Please provide your written response within 30 days to the Director's Office at the following address: WA State Department of Ecology Attention: Director's Office PO Box 47600 Olympia, WA 98504-6700 Ecology appreciates the dedicated work that you, the County Council, the Citizens Advisory Committee, Planning and Development Services Department, and the citizens of Whatcom County have put into the Shoreline Master Program amendment. Thank you again for your efforts. We look forward to concluding the SMP amendment process in the near future. If you have any questions or would like to discuss the changes identified by Ecology, please contact our Regional Planner, Chad Yunge, at Chad.Yunac@ecy.wa.gov /(360)715-5206 Sincerely, VL�r Maia D. Bellon Director Enclosures By Certified Mail [7012 1010 0003 3028 2952] cc: Mark Personius, Whatcom County Erik Stockdale, Ecology Betty Renkor, Ecology Chad Yunge, Ecology 270 ATTACHMENT A: FINDINGS AND CONCLUSIONS FOR PROPOSED LIMITED AMENDMENT TO THE WHATCOM COUNTY SHORELINE MASTER PROGRAM SMP Submittal accepted —June 24, 2009, Resolution No. 2009-020 Prepared by Chad Yunge, on March 10, 2014 Brief Description of Proposed Amendments: Whatcom County (County) has submitted to Ecology for review, a limited amendment to its Shoreline Master Program (SMP). The County Council adopted the amendment (Resolution No. 2009-020) on March 17, 2009; this followed adoption of a comprehensive SMP update the previous year. The purpose of the limited amendment is to address citizen concerns raised during the late stages of the County's comprehensive update and to clarify how select provisions will be implemented by County Planners. Regional staff recommends approval of the proposed limited amendment subject to both required changes (Attachment B) and recommended changes (Attachment Q. AW11I:I►L611071111111C�ii Need for Amendment: The proposed changes are intended as minor adjustments to portions of the Whatcom County SMP. According to the County, the proposed limited amendment is needed to address citizen and special interest concerns raised immediately prior to and following adoption of the County's comprehensive SMP update. A bulk of these concerns center around changes required during Ecology's final review of the updated SMP. The changes also include issues identified by County staff upon early implementation of the updated SMP. SMP provisions to be changed by the amendment as proposed: The proposed amendments will clarify existing provisions concerning the replacement of non -conforming developments destroyed by fire or other natural disasters. The amendment also proposes a multi -tiered regulatory approach to allowing expansions to non -conforming residences within shoreline buffers and setbacks. The definition of non -conforming lot is changed to a more logical and simpler approach. A number of minor changes to other definitions are also proposed. New flood control works in the Conservancy shoreline designation are proposed to be allowed solely by substantial development permit review without conditional use permit review. Finally, clarifications of two provisions concerning the Cherry Point Special Management Area (CPMA) are being sought. More specifically, the following changes to the existing County SMP are proposed: 271 Non -conforming Development • WCC 23.50.070. F —Clarify the process for replacing a non -conforming structure following destruction by fire, explosion, flood or other casualty. • WCC23.50.070.E— Clarify when a shoreline variance is required for expansion of a non- conforming structure other than a single-family residence. Allow additional types of non- conforming structures to expand within the existing footprint as a conditional use. • WCC 23.50.070.1 —Clarify when a shoreline variance is required for expansion of a non- conforming single-family residence and appurtenant developments. • WCC 23.50.070.J -Create new thresholds for when a shoreline conditional use permit is required for expansion of a non -conforming single-family residence and appurtenant developments. • WCC 23.50.070.K — Clarify when a shoreline conditional use permit is required for expansion of a non -conforming single-family residence and appurtenant developments. • WCC 23.50.070.M —Create anew definition for "conforming lot". • WCC 23.50.070.N —Clarify the process for new single-family development on a non- conforming lot. This section replaces the existing process outlined in WCC 23.50.070.K. Flood Control Works and Instream Structures WCC 23.100.060.C.7 — Delete the requirement for a shoreline conditional use permit for new flood control projects within a Conservancy,Environment Designation. Update Table 23.100.01.0 to reflect this change. Cherry Point Management Area (CPMA) • WCC 23.100.170.A. 7 —Add emphasis on preference for water dependent uses to site development policies within the CPMA. • WCC 23.100.170.B.4 —Clarify how many additional piers will be allowed within the CPMA for consistency with a 1999 settlement agreement. Definitions • WCC 23.110.6.4 —Clarify definition of 'Redlands" to be consistent with WAC 332-30-106(9). OA 272 • WCC 23.110.B.14 — Move definition of "Building Area" to definition section. • WCC 23.110.D.3 —Add binding site plans to the list of activities considered in the definition of "Development". Amendment History, Review Process: The County indicates the proposed SMP amendments originated from a local planning process that began on about August 2008 in response to citizen concerns over portions of the recently -adopted comprehensive SMP update. The County established a Citizen Advisory Committee to provide input on the proposed changes to the Planning Department and County Council. A public hearing before the County Council was held on February 24, 2009 and the Council considered all testimony. Affidavits of publication provided by the County indicate notice of the hearing was published on February 14, 2009 in the Bellingham Herald, the County's official newspaper of record. With passage of County Council Resolution No. 2009-020 on March 17, 2009, the County authorized staff to forward the proposed amendments to Ecology for final review and determination. The proposed SMP amendments were received by Ecology for state review on April 8, 2009 and, after several exchanges of additional information, were verified as complete on June 24, 2009. Notice of the state comment period was distributed to state task force members and interested parties identified by the County on July 28, 2009, in compliance with the requirements of WAC 173-26-120, and as follows: The state comment period began on August 3, 2009 and continued through September 4, 2009. On August 3, 2009, Ecology held a public hearing in Bellingham, Washington to seek input on the proposed amendments. Notice of the hearing, including a description of the proposed amendment and the authority under which the action was proposed, the times and locations of the hearing and the manner in which interested persons could obtain copies and present their views was provided in the July 23, 2009 edition of the Bellingham Herald. A media advisory was sent to eight local papers, four local radio stations, and broadly covered in many local organizations electronic and traditional outreach mechanisms. A notice was also placed on Ecology's Public Calendar System and also on the County's website. Four individuals commented at the public hearing and one organization submitted comments on the proposed amendments. Ecology sent all oral and written comments it received to the County on September 18, 2009. The County submitted to Ecology its responses to issues raised during the state comment period on October 29, 2009. A copy of the County's response along with Ecology's response to the public comments is included as Attachment D. The review of the limited amendment was delayed due to regional staffing changes and shifting workload priorities. Whatcom County was the first county to adopt a comprehensive update to its SMP following the 2003 guidelines, and the seventh overall out of the 262 jurisdictions statewide that are required to update their SMPs by 2014. The state placed a statewide priority on review of comprehensive updates over other types of amendments in an attempt to meet the 2014 deadline (WAC 173-26-201(b)). With adoption of other comprehensive updates and staff changes in the region, review of the limited amendment resumed in 2013. 3 273 Consistency with Chapter 90.58 RCW: The proposed amendment has been reviewed for consistency with the policy of RCW 90.58.020 and the approval criteria of RCW 90.58.090(3), (4) and (5). The County has also provided evidence of its compliance with SMA procedural requirements for amending their SMP contained in RCW 90.58.090(1) and (2). Consistency with "applicable guidelines" (Chapter 173-26 WAC, Part 111): The proposed amendment has been reviewed for compliance with the requirements of the applicable Shoreline Master Program Guidelines (WAC 173-26-171 through 251 and 173-26-020 definitions). Consistency with Limited Amendment Criteria: The proposed amendment has also been reviewed for compliance with WAC 173-26-201(1)(c) of the SMP Guidelines. The amendment is necessary to improve consistency with the Act's goals, policies and implementing rules applicable to shorelines of the state within the local government (WAC 173-26-201(1)(c)(i)(D) and to correct errors and omissions (WAC 173-267201(1)(c)(i)(E). Whatcom County is not currently conducting a comprehensive shoreline master program (WAC 173-26-201(1)(c)(ii). The proposed amendments will not foster uncoordinated and piecemeal development of the state's shorelines (WAC 173-26-201(1)(c)(iii). The amendment is consistent with all applicable policies and standards of the Act (WAC 173-26-201(1)(c)(iv). All procedural rule requirements for public notice and consultation have been satisfied (WAC 173-26-201(1)(v). The master program guidelines analytical requirements and substantive standards have been satisfied, as applicable to the amendments. The amendments will not result in a net loss of shoreline ecological functions (WAC 173-26-201(1)(c)(vi). Consistency with SEPA Requirements: The County submitted evidence of SEPA compliance in the form of a SEPA checklist and issued a Determination of Non -Significance (DNS) for the proposed SMP amendments on February 17, 2009. Ecology did not comment on the DNS. Other Studies or Analyses supporting SMP limited amendment: Ecology reviewed the following reports and data prepared by the County in support of the SMP amendment: These supporting documents include: • SEPA Checklist and Determination #SEP2009-00014 • County Council Resolution #2009-020 and Agenda Bill • County Approved Proposed Amendments text, • PDS Amendments Rationale 02102109 • Agency and Public Notice Documents • County SMP Citizens Advisory Committee Agendas/Meeting Notes • County Public Comment Response Matrix 10129109 • County PDS Technical Memo, P. Gill to B. Wenger - GIS Analysis of Amendments to the Shoreline Program 07121109 F 274 Summary of Issues Raised During The Public Review Process: The County's SMP limited amendment drafting/public review process was at times contentious, although respect was demonstrated by those that participated. The County did a good job of bringing together many diverse interest groups and facilitating meaningful dialogue with all the parties. This effort was reflected in the fact that only four people spoke at Ecology's public hearing and only one written comment was received. During the eight month local public participation period, considerable discussion centered on the following topics: Buffers and structural setbacks —Citizens expressed concern over the application of critical area buffers within shorelines, however, many citizens also appreciated the flexibility built into the provisions for existing lots and structures. A common comment was that the mechanisms for modifying buffer and setbacks were overly complicated and difficult for the layperson to understand. At the same time, citizens tended to not want a standard "one -size -fits -all" buffer and favored mechanisms to be able to tailor the buffer to the individual circumstances. Some citizens saw no value in the buffer requirement and others thought the buffers were too weak and didn't protect the resource as applied. Non -conforming structures and uses — Existing non -conforming structures that could be used for conforming, even 'preferred, uses were the subject of citizen requests for greater flexibility in these limited instances where such uses are also consistent with the shoreline designation. Nearly the entire discussion has been focused on single-family residences. which are a priority shoreline use and when they are deemed non -conforming structures due to enlarged buffers. One commenter also suggested the existing flexibility provided for non -conforming commercial structures housing conforming uses be extended to other types of uses such as recreational, agricultural, interpretive centers, etc. Finally, citizens urged clarification of the current and decades -old SMP policy of allowing residences to be re -built if destroyed by fire or other natural disasters if they are not located in a hazard area i.e. floodway, unstable cliff, etc: A responsiveness summary addressing the public's comments during the County review process was submitted with the proposed SMP amendment and reviewed by Ecology staff. In addition, a public comment summary following the Ecology public hearing was provided to the County and the County's response and matrix addressing the public's concerns is attached. Summary of Issues Identified by Ecology as Relevant To It's Decision: The following provides a general summary of issues relevant to Ecology's final decision on the County SMP amendment: Cherry Point Management Area (CPMA): The industries within the CPMA expressed concern that environmental protection would be the primary element in review of water dependent uses within the CPMA. The County proposes a minor wording change to reinforce the Act's preference in fostering water -dependent uses. In addition, Pacific International Terminals (PIT) identified an inconsistency between the SMP and a 1999 Settlement Agreement regarding the ultimate number of industrial piers that can be 275 developed within the CPMA. The County proposes a minor change to resolve this inconsistency. New Flood Control Works within the Conservancy Environment Designation: Following the Whatcom County's comprehensive SMP update, Public Works River and Flood staff expressed concern regarding Ecology's requirement that new flood control works projects obtain a conditional use permit within the Conservancy Environment Designation. The County proposes eliminating the conditional use permit requirement. Ecology recommends that the conditional use requirement remain. Appendix F: Ecology identified a minor text amendment related to language found in Appendix F of the SMP. The required change is necessary to reference the correct code citation. In addition, minor changes to two new code sections (WCC 23.50.07011 & WCC 23.50.070.J.2) are required to clarify which portions of Appendix F apply to the new provisions. Gross Floor Area: Ecology recommends that a definition for the term Gross Floor Area be added to the SMP in relation to two new code sections (WCC 23.50.070.J.1 & WCC 23.50.07012). CONCLUSIONS OF LAW After review by Ecology of the complete record submitted and all comments received, Ecology concludes that the County's SMP proposal, subject to and including Ecology's required changes (itemized in Attachment B), is consistent with the policy and standards of RCW 90.58.020 and RCW 90.58.090 and the applicable SMP guidelines (WAC 173-26-171 through 251 and .020 definitions). This includes a conclusion that the proposed SMP amendment, subject to required changes, contains sufficient policies and regulations to assure that no net loss of shoreline ecological functions will result from implementation of the new master program amendments (WAC 173-26-201(2)(c). Ecology also concludes that a separate set of recommended changes to the submittal (identified during the review process and itemized in Attachment C) would be consistent with SMA policy and the guidelines and would be beneficial to SMP implementation. These changes are not required, but can, if accepted by the County, be included in Ecology's approved SMP amendments. Consistent with RCW 90.58.090(4), Ecology concludes that those SMP segments relating to critical areas within Shoreline Management Act jurisdiction provide a level of protection to critical areas located within shorelines of the state that assures no net loss of shoreline ecological functions necessary to sustain shoreline natural resources. Ecology concludes that those SMP segments relating to shorelines of statewide significance provide for the optimum implementation of Shoreline Management Act policy (RCW 90.58.090(5). 0 276 Ecology concludes that the County has complied with the requirements of RCW 90.58.100 regarding the SMP amendment process and contents. Ecology concludes that the proposed amendments satisfy the criteria for approval of limited amendments found in WAC 173-26-201(1)(c). Ecology concludes that the County has complied with the requirements of RCW 90.58.130 and WAC 173-26-090 regarding public and agency involvement in the SMP amendment process. Ecology concludes that the County has complied with the purpose and intent of the local amendment process requirements contained in WAC 173-26-100, including conducting open houses and public hearings, notices, consultation with parties of interest and solicitation of comments from tribes, adjacent local government agencies, state and federal agencies, and Ecology throughout the limited amendment process. Ecology concludes that the County has complied with requirements of Chapter 43.21C RCW, the State Environmental Policy Act. Ecology concludes that the County's SMP amendment submittal to Ecology was complete pursuant to the requirements of WAC 173-26-110 and WAC 173-26-201(3)(a) Ecology concludes that it has complied with the procedural requirements for state review and approval of shoreline master program amendments as set forth in RCW 90.58.090 and WAC 173-26-120. DECISION AND EFFECTIVE DATE Based on the preceding, Ecology has determined the proposed amendments is consistent with the policy of the Shoreline Management Act, the applicable guidelines and implementing rules, once required changes set forth in Attachment B are approved by the County. Ecology approval of the proposed amendment with required changes, is effective on the date Ecology receives written notice that the County has agreed to the required changes. As provided in RCW 90.58.090(2)(e)(ii) the County may choose to submit an alternative to all or part of the changes required by Ecology. If Ecology determines that the alternative proposal is consistent With the purpose and intent of Ecology's original changes and with RCW 90.58, then the department shall approve the alternative proposal and that action shall the final action on the amendment. 7 277 Attachment B — Ecology Required Changes The following changes are required to comply with the SMA (RCW 90.58) and the SMP Guidelines (WAC 173-26, Part III): ITEMI SMP Submittal TOPIC BILL FORMAT CHANGES (Underline'= additionjs; strikethrough`=::deletions) RATIONALE PROVISION Cite 01 Appendix F Common -Line Setback 1. Single-family residential development on nonconforming lots shall meet the This change is required to correct the code citation that was altered within the Standards setback standards established in WCC 23.90,130, Shoreline Bulk Provisions, corresponding regulation by this amendment. except as provided in WCC 23.50.070(N)(1) through (N)(91({23, Nonconforming Development, and subjection 2 below. 02 23.50.070.J.1 Non -conforming Development 1. Enlargements, expansions or additions that increase the existing primary This change is required to refer only to the diagram found in Appendix F. The text structure, or normal appurtenances by up to 250 square feet of gross floor associated with Appendix F is specific to WCC23.50.070(N)(1) through WCC area shall be allowed provided the expansion or addition will occur on a 23.50.070(N)(9) and not applicable to this new code provision. previously impacted impervious surface and the expansion is not waterward of the common -line setback as defined illustrated in appendix F. 03 23.50.070.J.2 Non -conforming Development 2. Enlargements, expansions or additions that increase the total footprint of This change is required to refer only to the diagram found in Appendlx F. The text the existing primary structure, or normal appurtenances by 250-500 square associated with Appendix F is specific to WCC 23.50.070(N)(1) through WCC feet of gross floor area shall be allowed provided that the addition will occur 23.50.070(N)(9) and not applicable to this new code provision. on a previously impacted impervious surface and the expansion is not waterward of the common -line setback as defined illustrated in appendix F; further provided, that the shoreline is enhanced by the equivalent area of building footprint that is expanded. If enhanced through planting, the Administrator shall require a vegetation management plan consistent with 23.90.060.B(2). DRAFT March 10, 2014 278 Attachment C — Ecology Recommended Changes The following changes are recommended to clarify elements of the County's amended SNIP ITEM SMP Submittal TOPIC BiLL FORMAT CHANGES'(undetline additions stnkethrogh; deletions) RATIONALE ; Provision,(Cite) 01 WCC 23.50.070.E Non -conforming E. Non -conforming structures, other than single family residences and their appurtenances, This is a County requested change to expand the types of non -conforming structures eligible Development that are expanded or enlarged must obtain a variance or be brought into conformance for expansion through a conditional use review. See Attachment D — Responsiveness with this Program and the Act; provided that, non -conforming structures with Summary. conforming uses vithin ^ '^' ^ �^d usp ,,,..,^',,.,means may be expanded or enlarged within the existing building footprint as a conditional use pursuant to SMP 23.100.050. B.1.e. 02 WCC 23.50.070.F Non -conforming F. Non -conforming structures, (including accessory structures) that are damaged or Development destroyed by fire, explosion, flood, or other casualty may be restored or replaced in kind; provided that: 1. Structures containing conforming uses, such as The a single family residence or The first change expands this provision to cover other types of structures containing accessory structure, that are located within a hazardous area shall be redeveloped conforming uses. The current language only pertains to single-family residences. consistent with the requirements of CAO Article 3 (Geologically Hazardous Areas) and Article 4 (Frequently Flooded Areas); to be FesteFed 9F Feplaeed is Rat in a the permit process is commenced within eighteen (18) months of The second change expands this provision to allow reconstruction in all hazardous areas. the date of such damage; and the reconstruction does not expand, enlarge, or The current provision only allows reconstruction in certain types of frequently flooded areas. otherwise increase the non -conformity, except as provided for in subsection (H) and (1) below,; previded that, eaRb pl ed , FestAFed in a coastal high development and cedes. 2. Structures containing [jNon-conforming uses can be replaced in kind if there is no The third change clarifies that this section relates to structural damage or complete feasible alternative that allows for compliance with the provisions of this Program, destruction by fire, explosion, flood or other casualty. and the permit process is commenced within (18) months of the date of such damage, and the reconstruction does not expand, enlarge, or otherwise increase the non -conformity, except as provided for in subsection (E) above or (H) below. 03 WCC 23.50.070.J Non -conforming J. The enlargement or expansion of single family residences by the addition of space to the Development exterior of the main structure or normal appurtenances is permitted without a conditional use permit or variance once during the life of the structure 100 years). The The first change clarifies what `life of the structure" means consistent with other provisions structure shall be located landward of the ordinary high water mark, and any expansion of the SMP (WCC23.100.110.8.1.b) of the footprint is landward of the existing building footprint, (not in the side yard) and any vertical expansion is within the existing building footprint; provided that the following conditions are met: 1. Enlargements, expansions or additions that increase the existing primary structure, The second change refers to an added definition of "Gross floor area" as it is currently not or normal appurtenances by up to 250 square feet of gross floor area as defined by defined in the SMP. DRAFT March 10, 2014 279 23.110. shall be allowed provided the expansion or addition will occur on a previously impacted impervious surface and the expansion is not waterward of the common -line setback as defined in appendix F. 2. Enlargements, expansions or additions that increase the total footprint of the existing primary structure, or normal appurtenances by 250-500 square feet of gross floor area as defined by 23.110, shall be allowed provided that the addition will occur on a previously impacted impervious surface and the expansion is not waterward of the common -line setback as defined in appendix F; further provided, that the shoreline is enhanced by the equivalent area of building footprint that is expanded. If enhanced through planting, the Administrator shall require a vegetation management plan consistent with 23.90.060.B(2). 04 WCC 23.110.F Definitions 7. "Gross floor area" means, for the purposes of Section 23.50.070.J of the chapter, the This change adds a definition of "Gross floor area" adapted from WCC 20.90.145, sum total ofthe area included within the surrounding exterior walls of a building or portion thereof. The floor area of a building or portion thereof, not provided within surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. 05 WCC 23.50.070.M Non -conforming M. Conforming lots are those that have a building area of more than 2,50 square feet This change corrects a scrivener's error. Development available for a single-family residence and normal appurtenances and unrestricted by setbacks or buffers from shorelines and shall comply with the provisions of this Program. 06 WCC Flood Control 7. Conservancy: Flood control works and instream structures are permitted as a This change restores the requirement that a conditional use permit be obtained for new 23.50.060.C.7 Works and conditional use subject to policies and regulations; provided that, channelization or flood control projects located in a Conservancy Shoreline Designation. Instream dams for flood control are prohibited. Structures — Shoreline Area The Master Program Guidelines direct local governments to assign conditional use Regulations permitting requirements to uses and developments that by their intrinsic nature, may have a significant ecological impact on shoreline ecological functions orshoreline resources 07 WCC Table Shoreline Use 1 FloodConMarAdm su.0su.0— 23.100.010 by Area depending on location, design, and site conditions (WAC 173-26-241(2)(b)(ii)(B). Structural P P P P P P I cs I x P aamel�bone Designation d—renooe P P «�fla!_ _ x P c c x x P flood hazard reduction measures can damage ecological functions crucial to fish and wildlife _ species, bank stability and water quality and shall be avoided whenever possible. When necessary, they shall be accomplished in a manner that assures no net loss of ecological functions and ecosystem -wide processes (WCC 173-26-221(3). The Whatcom County SMP assigns a conservancy designation to river reaches with relatively intact riparian conditions and outstanding recreational and scenic values (WCC 23.30.090). The purpose of a conditional use is to provide the opportunity to require specially tailored environmental analysis or design criteria for types of use or development that may otherwise be inconsistent with a specific environment designation within a master program (WAC 173-26-241(2)(b)N. A conditional use for new flood control works is consistent with the above criteria and would provide the flexibility to develop flood control projects when necessary in the most sensitive river reaches throughout Whatcom County. DRAFT March 10, 2014 WE Attachment D — Responsiveness Summary to Public Comments The following comments were received during the Ecology Comment Period (August 3, 2009 to September 4, 2009) ITEM SMP Section Comment,% Goheern Reguested.Changes I Local Government Responsel;Ratlonale Ecoiogy�Response !Rationale 01 23.50.070 Verbal Comment: The suggestion was made that Section Change Section 23.50.07.E of Non -conforming structures with conforming uses are allowed Ecology agrees to this change. See Item 01 23.50.07.E, concerning non -conforming structures, should be proposed amendments to expand within current building footprint if the use is in Attachment C—Ecology Recommended expanded to allow more types of structures containing commercial or mixed. This is allowed if development is Changes. conforming uses such as interpretive centers, barns, etc. to consistent with the SMP through a conditional use permit. be allowed to be modified as a conditional use. Improving a structure within its existing building footprint has potential to benefit the public, the shoreline, and the owner. Adding a special allowance for commercial and mixed -use favors these uses over other water oriented uses. Allowing for water oriented uses, consistent with the SMA, to expand their non -conforming structure within the existing building footprint could make business economically viable while providing public benefit through better shoreline access and/or restoration. Change section 23.50.07 (E) to remove "within commercial or mixed -use developments" 02 23.50.070 Verbal Comment: One speaker opposed the changes to Remove the proposed All conditional use permits (CUP) have been approved so far, No further Ecology comment. Section 23,50.07, Non -conforming Development, and allowance and maintain extra time and money for CUP is not necessary for these requested the CUP requirement be retained. The speaker requirements for conditional types of projects. At this point adding a dormer to the land stated that the section was very unclear and confusing. The use permits for work on side of a non -conforming house requires a CUP. This is not point was made that all the exceptions allowed would - nonconforming structures. the intention of a CUP. incrementally destroy the county's shoreline resources, especially those of Lake Whatcom, a shoreline of statewide No sewage systems in critical Sewage systems are not allowed in critical areas such as significance, particularly its drinking water quality. The areas. wetlands, streams, waterbodies. See section 23.50.07 (N)(9). speaker stated the amendments do not meet the "no net Health Department Regulations for OSS development loss" standard required by the Guidelines. The speaker Add specific language to typically include a 100-foot horizontal setback from surface opposes sewage systems in critical areas and wanted to see address "least damaging water bodies to ensure no untreated discharge occurs from septic system criteria and standards when such systems are location." the system. Impacts to buffer vegetation as a result of OSS allowed within buffers or critical areas. The speaker said the would require mitigation to compensate. Under all clause "locating the residence in the least environmentally scenarios, prior to being located within a buffer or critical damaging location" at item N2 was too vague and area, it must be determined that there is no other feasible unworkable. location outside of said buffer or critical area. Section 23.50.07 only establishes the permitting path for development, the least environmentally damaging location is established through compliance the provisions of the full I SMP. DRAFT March 10, 2014 281 03 23.50.070.J Verbal Comment: Another speaker stated that the requirement in item J allowing development only on "a previously impacted impervious surface" rewards property owners that have paved their land and penalizes those that have kept it in a more natural state. The proposal is not protective of critical areas since it allows too many impacts and uses in their buffers. The speaker wanted to know what the "non -planting shoreline enhancements". could be as stated in item J2. The speaker said the non -conforming section was very confusing and questioned why so many types of development were being allowed in the critical areas and their buffers. Do not reward property owners that have paved their property and punish those that have kept it natural. Make the nonconforming section less confusing. Some areas already have impervious surface limits that Whatcom County Planning and Development Services tracks, ie. Lake Whatcom watershed. This limits that amount of paving that can legally occur. This provision allows expansion of a non -conforming single family residence without a conditional use permit only if on existing impervious areas, landward, and below a certain size. Non -planting shoreline enhancements could include removal of bulkheads, beach nourishment, etc.. No further Ecology comment. 04 General Verbal Comment: Another speaker said the non -conforming Make the nonconforming This section is not as clean as it could be if we had removed No further Ecology comment. section was way too complex. He claimed it took away section less confusing. the original and wrote from scratch. property rights and that too short of notice was given for a hearing that shouldn't have taken place in August when many The proposed amendments actually provide more flexibility people are on vacation. than the current regulation as well as expedited review for minor additions. Public meetings and hearings were done throughout many years 2005 - 2008. 05 General Written Comment: One of the overwhelming concerns Address citizen concerns The issue with setbacks and buffers are addressed through No further Ecology comment. expressed during the public hearing during the September 9, over 100' and 150' setbacks. changes to the non -conforming section 23.50.07. While the 2009 public hearing concerned the issue of setbacks. As the width of the setback/buffer has not changed, the permit path Department will recall, the concern was that with such Prepare a response that to develop within the area has. significant setbacks imposed in the Program (generally 150 justifies the need for the feet on Marine Shorelines and 100 feet on lakes and rivers), stated setbacks. Justification for the setbacks are described in the SMP the practical effect of such setbacks would be the creation of Background Report, Volume II, Scientific Literature Review. nonconforming lots in a vast majority of circumstances. Indeed, you heard from numerous citizens, including other elected officials in the county, that the use oftheir property would be severely hampered or thwarted entirely through the imposition of these one -size -fits -all setbacks. The proposed amendments do not address this issue in any manner. Rather than taking the opportunity to demonstrate that the Department even considered the concerns ofthe public and would work to resolve the apprehension that these people expressed, it appears that these people have been ignored and a very real issue left unresolved by the very people able to address these matters. This course of action is difficult to understand given the amount of time taken by members of the public to appear at the various hearings and draw particular attention to the issue. DRAFT March 10, 2014 282 Ignoring these concerns only bolsters the sentiment that these uniform setbacks, with no provision for a case -by -case review for the imposition of a setback that impacts the property only to the extent necessary to achieve the protection of a particular shoreline, will not stand under further scrutiny. If, indeed, it is appropriate to impose these uniform setbacks, it would not have taken any more time to prepare a response and prove the necessity of such a regulatory provision. Instead, the issue has been ignored with little or no evidence that the concerns will be addressed. Combined with the additional concerns discussed below, it results in precious little confidence that the Department has taken the public's concerns seriously. 06 23.50.070 Written Comment: The problem with the amendments Make the language in Section E is referring to structures other than single family No further Ecology comment. concerning nonconforming structures is apparent from a section 23.50.07 consistent. residences. Sections D, E, and F all apply to different cursory review of section "D," "E," and "F." Section "D" permitting situations, therefore the distinction is justified. begins by talking about "[n]on-conforming structures" being repaired, maintained, etc. Section "E" begins by talking about "[n]on-conforming structures, other than single-family residences and their appurtenances' and section "F" continues with the "[n]on-conforming structure" language used in Section "D." 07 23.50.070 Written Comment: Using the distinction between non- Change language to be clear Section F applies to all non -conforming structures "damaged or Ecology agrees that WCC 23.50.070. F is conforming structures that include single family residences that "no feasible alternative" destroyed by fire, explosion, flood, or other casualty." Sub confusing in regards to non -conforming uses (Section "E") and those that do not as expressed in sections does not apply to single section F(1) applies only to single family residences, which is a and non -conforming structures. See item 02 "D" and "F," it is clear that the language of section "F" does family residences. conforming use, F(2) applies only to non -conforming uses. in AttachmentC— Ecology Recommended include application to single family homes. What is not clear Changes is why staff did not take this opportunity to remove, The "no feasible alternative" language only appears in decisively, the requirement that "feasible alternatives" did subsection F(2). It is clear that F(2) does not apply to single not apply to houses as it apparently does pursuant to the family residences since it is a conforming use in all shoreline language of Section F(2). area designations. The public comments on September 9, 2008, clearly stated that the additional requirement that rebuilding a home be allowed only in instances where "no feasible alternative" existed was unacceptable. It was our understanding that staff did not have any real concern in that regard and that removal of the language was appropriate. Here, however, we do not see that language has been drafted in any manner to remove the possible application of feasible alternatives to single family homes. Instead, we are left with a provision that blends the concepts of non -conforming "uses" in a discussion of non -conforming "structures" in such a way that the interpretation, let alone the application, of the provision DRAFT March 10, 2014 283 is confusing at best and misleading at worst. At a minimum, the language of section "I"' must be redrafted to remove any doubt that in instances involving single-family homes, the ability to rebuild is not dependent on a determination that .no feasible alternative" exists. Moreover, the application of no feasible alternatives with no guidance whatsoever as to how that provision or language is to be interpreted appears to be a delegation of legislative authority allowing the Planning Department Director and staff to determine how to implement that provision. Such delegations, without some guidance, are an invitation to arbitrary and capricious enforcement and must be avoided at all costs. 08 23.50.070 Written Comment: Section "I" still contains a reference to Remove reference to the This section references critical areas, ie. Streams, takes, etc, No further Ecology comment. the Critical Areas Ordinance (CAO). This section, applicable Critical Areas Ordinance. not the Critical Areas Ordinance. to single family residences, was supposed to be amended to make compliance easier. Instead, it still contains an Remove variance Section I is for expansion that is waterward, into the sideyards, inappropriate citation and discussion of the CAO. Moreover, requirement for Section I. or critical areas, the section now requires a variance application, which is very Clean up how this section difficult to successfully obtain, and is incredibly confusing as applies to section 1 and K. Sections J and K apply to expansions landward to how this section applies in relation to sections "1" and "K." 09 23.50.070.J Written Comment: Turning our attention of Section "J," Remove limitation on how There is no limitation on how many times a landowner can No further Ecology comment there appears a never before proposed limitation on many times a homeowner is remodel a home, the special allowance from a CUP only construction that is unique to people involved in real estate permitted to remodel a applies once. The normal permitting process is available as it matters: limitation on how many times a homeowner is home. has been to the dozens of applicant that were not granted this permitted to remodel a home. To state that this provision is allowance since July, 2008. surprising is an understatement, but to consider the Remove conditional use implications to private property owners is shockingl permit or variance No, the amendment proposes that expansions less than 500 requirement for expansion sqft not require a conditional use permit, see 23,50,07 (J). It is important to note that section "J" applies to expansions of a residence. that occupy impervious surface already established, that This allowance is to be tracked through the Planning and extend opposite to the shoreline, and otherwise comply with Development Services permit tracking system. the requirements of the Program. Even in these instances, where the impact would be the slightest, the private property owner is required to go through the conditional use permit or variance process just to expand the residence, however slight the expansion may be. Moreover, it is impossible to determine how this regulation will be enforced. Currently, there is no process available to determine whether such a one-time use has been obtained. How is a subsequent property owner to be made aware that further remodeling of a residence is not permitted without some method of tracking the issuance of such permission. More importantly, how is the county to enforce such a DRAFT March 10, 2014 NZ provision? Our suggestion is to simply remove the limitation. 10 23.50.070 Written Comment: In the same manner that the one-time Remove 2,500 square feet Building area limitations is consistent with existing standards. No further Ecology comment. 1 remodel language is unworkable, we question the advent and building area requirement All residential and commercial zones have building coverage inclusion ofthe 2,500 square -foot building envelope for new single family maximums that have been in place since 1988, per Title 20 requirement. This provision changed from the prior provision residences on non- Zoning code. Additionally, impervious surface and open space that guaranteed a building envelope of at least 2,500 feet on conforming lots. requirements for Lake Whatcom, Lake Samish, and Lake smaller lots in the shoreline jurisdiction, but that was Padden are stipulated in Water Resource Protection Overlay changed by the Department of Ecology in its submission to District requirements. the Council. Although characterized as a "minor" change by staff and members of the Council at the September 9 hearing, This section, 23.50.07(N), provides a permitting option, the implications of that changes and the ramifications of that allowing for 2500 sqft of building area without a variance if unilateral amendment by the Department of Ecology are buffer setbacks cannot be met. New single family residences clear now. greaterthan 2500 square feet can apply for a variance. The 2,500 square foot rule is a rule that has crept into building permits on a regular basis for many of our clients. Just this past Fall, the Realtors undertook consideration of a Planning Department decision to implement a 2,500 square foot building envelope on a 10-acre parcel near Maple Falls. When asked to justify the imposition of such a severe restriction based on "suspected" habitat considerations, the Planning Department abruptly changed positions and issued the building permits without requiring the restriction. What is even more troubling is that the Department proceeded in this manner without an attempt to provide a scintilla of justification of either imposingthe rule or for their sudden and unexplained course of action when confronted with a requirement not found in any regulation. Now, likewise, we see the same requirement being imposed in the SMP without any justification. There is no attempt to provide a rationale as to why 2,500 square feet is the "magic number" with respect to shorelines, just as there was no rationale when asked to justify the habitat issue. Despite assurances from the Planning Department to our colleagues at the Building Industry Association that such ad hoc application of one -size -fits -all considerations without any justification would cease, here we see a blatant attempt to change a provision to suite the Department's needs with absolutely no consideration as to the implications for the impact on the private land owner. Such actions are unreasonable. 11 23.50.070 Written Comment: Finally, we see the addition of a lot Leave lot consolidat�tThis is consistent with language in the existing SMP under The SMP change clarifies the County's intent consolidation provision in the proposed amendments. Lot the Zoning Code.0.07(K), "New single family development on non- to allow single family development on DRAFT March 10, 2014 285 consolidation is, simply stated, a zoning matter. The inclusion of such a zoning regulation within the SMP is inappropriate. Moreover, the requirement that owners of contiguous lots that simply do not comply with the zoning but are, nonetheless, legal lots of record, implicates a whole host of property ownership issues that are not related to shoreline protection. The very language of the Shoreline Management Act provides that single-family residences on shorelines are a preferred use and any attempt to limit the ability of a landowner to build on a legal lot of record should be immediately viewed as suspect. This provision must be removed. conforming lots consisting of property under contiguous ownership [emphasis added] less than 20,000 square feet in size and not subject to landslide hazard areas, alluvial fan hazard areas, or riverine and coastal erosion hazard areas or associated buffers as provided in WCC 16.16.310 may be allowed without a variance in accordance with the following criteria:" existing legal lots without a shoreline variance as long as certain criteria are met including "no opportunity to consolidate lots under common ownership that will alleviate the nonconformity." 12 General Written Comment: The ownership of private property is a Agreed Reasonable efforts were made by the County fundamental right and a foundation of our national heritage. and Ecology to inform, involve and The right of an individual to own property necessarily encourage public and agency participation includes the right to use, develop, and transfer that property throughout the amendment process. The as the individual sees fit. That is not to say that the right of County established o Citizen Advisory property ownership is to be free of all regulations, but the Committee to provide input on the proposed bulk ofjurisprudence requires that a governmental entity changes prior to review by the County seekingto regulate property ownership must do so within the Council. A public hearing was held on the police powers of that entity and only after demonstrating a proposed amendment package on February sufficient nexus to the regulatory effort justifying the 24, 2009: Notice for this hearing was intrusion. published in the Bellingham Herald on February 14, 2009. Once received by The proposed regulations proposed for your consideration Ecology, notice was distributed to interested today were supposed to be clarifications of adopted parties identified through the County review regulations the public found to be overly burdensome or process. Another public hearing was held on simply too confusing to be understood. Instead, we find August 3, 2009 and the public comment ourselves confronted by language that is not clarified but period was kept open until September 4, made to be even more cumbersome and opaque than before. 2009. The Ecology notice included a media If that were not enough to question the motives of staff in advisory that was sent to eight local papers, this exercise, there are never before seen regulations four local radio stations, and broadly proposed here for the first time that are more onerous in covered in may local organizations electronic several circumstances than the regulations that preceded. and traditional outreach mechanisms. This The circumstances surrounding the adoption of the Whatcom comment matrix summarizes all of the written and oral comments received through County SMP were less than ideal and have left many with the the State review process. distinct impression that the Department seeks to achieve certain objectives by disregarding the rights ofthe public to The September9, 2008 hearing was participate in the legislative process and private landowners associated with Whatcom County Ordinance with respect to their property. Adoption of these proposed 2008-034 that removed the Administrative amendments, as written and without due consideration of Procedures from the Shoreline Management the comments presented by the interested parties that own, Program. Revised Administrative Procedures develop, and assist in the realization of the goal of property were later adopted by Whatcom County ownership, would be a manifest disservice to the citizens of through Ordinance 2008-044. Neither of DRAFT March 10, 2014 this county. While we desire to see these amendments these ordinances were associated with the adopted within a timely fashion, we also believe that it is changes proposed by this limited necessary to ensure that these amendments achieve the amendment. purpose for which they are intended. Accordingly, we request that the Department continue working with Whatcom County staffto continue the amendment process with a specific directive that all comments submitted during the September 9, 2008 hearing be addressed, including explanatory material supplying the justification for taking or not taking any such action requested. DRAFT March 10, 2014 287 WHATCOM COUNTY COUNCIL AGENDA BILL No. ?008-303C CLEARANCES Initial Date Date Received in Council Qffice A enda Date Assi ned to: Originator: ��U Ss 2/10/09 R/Introduce Peter Gill l t �` � r� � C \ L� L.=_. 4 L I.I �� C� Division Head: Oliver Groh 2/24/09 Hearing Dept Head: David Stalheima�9 3/17/09 Council Prosecutor: Royce Buckin ham/ KarenFrakesg / `` Q C( / ±�yhATC O(Mi, COUNTY COUNCIL Purchasing/Budget: IN Executive: Pete Kremen !J TITLE OF DOCAUMENT. Resolution amending the Shoreline Management Program ATTACHMENTS. - Potential amendments to the Shoreline Management Program and cover letter to Natural Resource Committee. SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? Yes ( ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: _2_ Z4 Uz 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.) As requested at the January 27, 2009 Natural Resources Committee meeting, we will be presenting code modifications to the Shoreline Management Program (effective Aug. 8, 2008). The amendments are intended to address public concerns over damage to non -conforming structures, the 2500 sgft buildable area on non -conforming lots, and Department of Ecology changes to the Cherry Point Management Area and definitions. These issues were raised at the Natural Resource Committee on Oct. 21, 2008 through proposed resolution AB2008-351. The proposed amendments have been posted to Shorelines web site for public review. The amendments have received input from the Citizens Advisory Committee and the Natural Resource Committee in January. Following Natural Resources Committee review and input, this resolution can be introduced at the February 10, 2009 Council meeting. COMMITTEE ACTION. COUNCIL ACTION: September9, 2008- Further discussion ofEcology 2/10/2009: Introduced substitute version changes and hear public comment 2/24/2009: Action to be scheduled for a October 21, 2008 - Request for amendments pursuant later date to Ecology changes and public comment 3/ 17/2009: Council Approved 7-0 December 9, 2008 - Input on draft amendments Res. 2009-020 January 27, 2009 - Input on draft amendments '2/10/2009: Discussed and amended and recommended for introduction as amended. Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Res. 2009-020 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. WOR Shoreline Management Program is pending Department of Ecology approval SPONSORED BY: Consent PROPOSED BY• PDS INTRODUCTION DATE: 2/10/09 Resolution NO. 2009-020 A WHATCOM COUNTY RESOLUTION, DECLARING THE COUNCIL'S APPROVAL AND INTENTION TO ADOPT THE FEBRUARY 10, 2009 AMENDMENTS TO WHATCOM COUNTY CODE, TITLE 23 — SHORELINE MANAGEMENT PROGRAM; WHEREAS, the Washington State Legislature passed the Shoreline Management Act (SMA) in 1971 requiring counties and cities to adopt and administer local shoreline management programs to carry out the provisions of the Act; and WHEREAS, the Whatcom County Shoreline Management Program (WCC, Title 23 [SMP]) was originally adopted on May 27, 1976 and approved by the Department of Ecology on August 27, 1976; and WHEREAS, in 1995 the State Legislature directed the Washington State Department of Ecology to update the Shoreline Management Program Guidelines (WAC 173-26), which serve as the standards and guidance that local governments must follow in drafting local shoreline management programs; and WHEREAS, in December 2003, the Department of Ecology adopted new, revised Shoreline Guidelines (WAC 173-26); and WHEREAS, pursuant to RCW 90.58.080, Whatcom County was required to review and update its existing 1998 Shoreline Management Program to ensure conformance with the required elements of the 2003 Shoreline Guidelines; and WHEREAS, Whatcom County passed Ordinance #2007-017 adopting the Shoreline Management Program amendment on February 27, 2007; and WHEREAS, on August 8, 2008 the State Department of Ecology approved the Whatcom County Shoreline Management Program with changes, per WAC 173-26-120; and, WHEREAS, significant public comments were heard following Washington State Department of Ecology approval that resulted in the proposed amendments; and 1 of 3 290 WHEREAS, comments were solicited from federal, state, local, regional and tribal interests in accordance with Chapter 90.58.130 RCW; and WHEREAS, on November 26, 2008, draft amendments to the County Shoreline Management Program were sent to the Department of Ecology for comment in accordance with WAC 173-26-100(5), a meeting was held on December 19, 2008 to discuss potential amendments, and on Dec, 18 and Jan.2, 2009, Ecology provided the County with comments; and, WHEREAS, on December 3, 2008, draft amendments to the County Shoreline Management Program were sent to the Department of Community, Trade and Economic Development in accordance with WAC 173-26-100(5) and RCW 36.70A.106; and, WHEREAS, the County Shoreline Citizens Advisory Committee provided input to the draft amendments at a public meeting on January 7, 2009; and, WHEREAS, the Whatcom County Natural Resources Committee held public meetings on December 2, 2008, February 10, 2009, and January 27, 2009 to review the proposed shoreline master program amendments; and, WHEREAS, as a result of these meetings, revisions recommended by the public, commenting agencies and the Department of Ecology were incorporated into the proposed shoreline master program amendments; and, WHEREAS, the Whatcom County Natural Resource Committee recommended approval of the proposed amendments on Tuesday February 10, 2009; and WHEREAS, the revised shoreline master program was formally considered by the County Council during a public hearing held on February 24, 2009, as advertised in accordance with WAC 173-26-100; and, WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on February 14, 2009; and WHEREAS, the Whatcom County Council finds the amendments to be in the best interest of the public health, safety and welfare; and WHEREAS, the County Council directed the Planning Department to send the proposed shoreline master program amendments and supporting materials, consistent with WAC 173-26-110 submittal requirements, to Ecology for its review and adoption. 2of3 291 NOW THEREFORE, BE IT RESOLVED by the Whatcom County Council as follows: 1) The Whatcom County Council approves the February 10, 2009 shoreline master program amendments that are attached to this resolution and incorporated. herein by reference, with the understanding that in accordance with RCW 90.58.190(3), the proposed shoreline master program amendments will become effective locally immediately upon formal State Department of Ecology adoption; and, 2) If Ecology adopts the amendments, the Whatcom County Council intends to adopt (and codify), by ordinance, the subject shoreline master program amendments. APPROVED this 17th day of March • �H �0,�. AT11E uNTY GO Dare the Council OOSH APPROV00, 441T,4 jii�M Ci - Pi eP jS6 rosecutor I:\SHARED\RES\2009\ResolutionSMPAmendments 2.13.doc 3 of 3 WHATCOM COUNTY COUNCIL WHATCOM O N AS INGTON Se leet od, Council thair 292 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 3. National Environmental Policy Act of 1969, (NEPA) 4. Coastal Zone Management Act of 1972, as amended 5. Federal Water Pollution Control Act, as amended 6. Flood Insurance Act of 1968, as amended 7. Clean Air Act, as amended 8. Endangered Species Act (ESA) 23.50.04 Application within Federal Reserves A. The shoreline permit procedures, policies and regulations established in this Program shall apply to development or use of shorelines of the state within National Forests, National Parks and National Recreation Areas by persons other than federal agencies. B. As recognized by RCW 90.58.350, the provisions of this Program shall not apply to lands held in trust by the United States for Indian Nations, tribes or individuals. 23.50.05 Program Effects on Property Values A. As provided for in RCW 90.58.290, the restrictions imposed upon use of real property through implementation of. policies and regulations of the Act and this Program shall be duly considered by the County Assessor and the County Board of Equalization in establishing the fair market value of such properties. B. Designation of private property as a Natural or Conservancy shoreline area pursuant to Chapter 3 shall qualify the property as meeting the definition of "open space land" under the Open Space Taxation Act of 1970, as amended (RCW 84.34.020(1)) and shall qualify such land for application for Open Space Taxation in accordance with RCW 84.34.37 and WCC 3.28. 23.50.06 Hazardous Substance Remedial Actions The procedural requirements of RCW 90.58 shall not apply to a project for which a consent decree, order, or agreed order has been issued pursuant to RCW 70.1051) or to the Department of Ecology when it conducts a remedial action under RCW 70.105D. The Department of Ecology shall, in consultation with the Administrator, assure that such projects comply with the substantive requirements of,RCW 90.58, WAC 173-26 and this Program. 23.50.07 Non -conforming Development The following provisions shall apply to lawfully established uses, buildings and/or structures that do not meet the specific standards of this Program. A. The lawfully established use of any building, structure, land or premises existing on the effective date of initial adoption of the Program (August 27, 1976), or any subsequent amendment thereto or authorized under a permit or approval issued, or otherwise vested, prior to the effective date of initial adoption of the Program or any subsequent amendment thereafter shall be considered nonconforming and may be continued, subject to the provisions of this section; provided that, agricultural activities shall conform to WCC 16.16.290; provided further that, bulkheads shall conform to SMP 23.100.13. 36 293 CHAPTER 5 — APPLICABILITY AND NON -CONFORMING USES B. An existing use designated as a conditional use that lawfully existed prior to the adoption of this Program or the adoption of an applicable amendment hereto and which has not obtained a conditional use permit shall be considered a legal non -conforming use and may be continued subject to the provisions of this section without obtaining a conditional use permit. C. A structure for which a variance has been issued but which does not comply with applicable requirements of this Program as amended shall be considered a legal non- conforming structure and the requirements of this section shall apply. D. Non -conforming structures may be maintained, repaired, renovated, or remodeled to the extent that non-conformance with the standards and regulations of this Program is not increased, provided that a non -conforming development that is moved any distance must be brought into conformance with this Program and the Act; provided further, that as a conditional use a non -conforming dock may be modified, reoriented or altered within the same general location to be more consistent with the provisions of this SMP. E. Non -conforming structures, other than single family residences and their appurtenances, that are expanded or enlarged must obtain a variance or be brought into conformance with this Program and the Act; provided that, ne-n-n-enforming single family FesidenGeS may be expand-e-d- lAfffithA-lut a VaFiaAGe where the provisions of SMP 23.50.07.11 apply; and non -conforming structures with conforming uses within commercial or mixed -use developments may be expanded or enlarged within the existing building footprint as a conditional use pursuant to C"MP 23.100.05.13.1(e). F. Non -conforming structures, (including accessory structures) that are damaged or destroyed by fire, explosion, flood, or other casualty may be restored or replaced in kind "f there is Re feasible altematWe that aII9WS feF eemplianee with the piceyirsieRr, of this PFegr-am; provided that, the following are Fnet: The single family residence or accessory structure to be restored or replaced, is not in a hazardous area and -Tthe permit process is commenced within eighteen (18) months of the date of such damage; and the reconstruction does not expand, enlarge, or otherwise increase the non -conformity, except as provided for in subsection (H) and (1) below; provided that, a structure can be replaced or restored in a coastal high hazard area subject to all applicable Whatcom County building and development codes. 2. Non-conformina uses can be replaced in kind if there is no feasible alternative that allows for compliance with the provisions of this Program, and the permit process is commenced within (18) months of the date of such damage, and T-the reconstruction does not expand, enlarge, or otherwise increase the non -conformity, except as provided for in subsection (E) above or (H) and below. G. If a non-agricultural non -conforming use is intentionally abandoned for a period of twelve (12) months or more, then any future use of the non -conforming building, land or premises shall be consistent with the provisions of this Program. H. Replacement of any non -conforming structures or buildings or portions thereof within the Aquatic shoreline area shall comply with Program requirements for materials that come in contact with the water pursuant to SMP 23.90.04.B.5; provided that, replacement of 37 294 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM existing wood pilings with chemically treated wood is allowed for maintenance purposes where use of a different material such as steel or concrete would result in unreasonable or unsafe structural complications; further provided that, where such replacement exceeds twenty percent (20%) of the existing pilings over a ten (10) year period, such pilings shall conform to the standard provisions of this section. Enlargement or expansion of single family residences by the addition of space to the main structure or by the addition of normal appurtenances as defined in Chapter 11, that extend waterward of the existing primary residential foundation walls, further into a critical area (excluding the buffers of the critical areas), further into the minimum required side yard setback, or that increase the structure height above the limits established by this Program shall require a variance: provided that, expansion of non -conforming single family residences other than that specified in this section (1), may be expanded without a variance where the provisions of SMP 23.50.07(J) or (K)apply. f4g, -ndRfieR Or NrthPff We- R GlitiGal area, oF the Fninimum existing residential walls J. The enlaraement or expansion of single familv residences by the addition of space to the exterior of the main structure or normal appurtenances is permitted without a conditional use permit or variance once during the life of the structure. The structure shall be located landward of the ordinary high water mark, and any expansion of the footprint is landward of the existing building footprint, (not in the side yard) and any vertical expansion is within the existing building footprint: provided that the following conditions are met: 1. Enlaraements. expansions or additions that increase the existina prima structure, or normal appurtenances by up to 250 square feet of gross floor area shall be allowed provided the expansion or addition will occur on a previously impacted impervious surface and the expansion is not waterward of the common - line setback as defined in appendix F. 2. Enlargements. expansions or additions that increase the total footprint of the existingprimary structure, or normal appurtenances by 250 - 500 square feet of gross floor area shall be allowed provided that the addition will occur on a previously impacted impervious surface and the expansion is not waterward of 38 295 CHAPTER 5 — APPLICABILITY AND NON -CONFORMING USES the common -line setback as defined in appendix F: further provided, that the shoreline is enhanced by the eguivalent area of building footprint that is expanded. If enhanced through planting, the Administrator shall require a vegetation management plan consistent with 23.90.06.B(2). K. The Administrator shall require a conditional use permit if the enlargement or expansion of single family residences by the addition of space to the exterior of the main structure, or normal appurtenances is in excess of those allowances provided in SMP 23.50.07.J. W. A structure that is being or has been used for a non -conforming use may be used for a different non -conforming use only upon the approval of a conditional use permit. In addition to the conditional use criteria of SMP 23.60.04, before approving a conditional use for a change in non -conforming use, the Hearing Examiner shall also find that: No reasonable alternative conforming use is practical because of the configuration of the structure and/or the property; 2. The proposed use will be at least as consistent with the policies and provisions of the Act and this Program and as compatible with the uses in the area as the preexisting use; 3. The use or activity is enlarged, intensified, increased or altered only to the minimum amount necessary to achieve the intended functional purpose; 4. The structure(s) associated with the non -conforming use shall not be expanded in a manner that increases the extent of the non -conformity including encroachment into areas, such as setbacks, and any critical areas and/or associated buffers established by WCC 16.16, where new structures, development or use would not be allowed; 5. The vegetation conservation standards of SMP 23.90.06.13.3 are met; 6. The change in use, remodel or expansion will not create adverse impacts to shoreline ecological functions and/or processes; and 7. Uses which are specifically prohibited or which would thwart the intent of the Act or this Program shall not be authorized. M. Conforming lots have a building area of more than 2,500 square feet available for a single family residence and normal appurtenances and unrestricted by setbacks or buffers from shorelines shall comply with the provisions of this Program. N. Where permitted according to shoreline area designations (SMP Table 23.100.01). new single family development on any legal lot in shoreline jurisdiction that is nonconforming with respect to the required shoreline buffer standards may be allowed without a shoreline variance when all of the followina criteria are met: 1. The depth of the lot (the distance from the ordinary high water mark to the inside edge of the frontage setback) is equal to or less than the standard buffer as indicated in WCC 16.16: and, 39 296 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 2. The building area is twenty five hundred (2,500) square feet or less, provided that appropriate measures are taken to mitigate all adverse impacts. including but not limited to locating the residence in the least environmentally damaging location relative to the shoreline. The building area means the entire area that will be disturbed to construct the home, normal appurtenances (except on -site sewage systems), and landscaping. Building area does not include the sideyard and frontage setback provided that administrative reductions to sideyard and/or frontage setbacks shall be pursued when doing so will not create a hazardous condition or a condition that is inconsistent with this Program and Title 20; and, 3. All single family residences approved under this section shall not extend waterward of the common -line setback as measured in accordance with Appendix F: and, 4. The lot is not subject to landslide hazard areas, alluvial fan hazard areas, or dverine and coastal erosion hazard areas or associated buffers as provided in WCC 16.16.310; and, 5. The nonconforming lot was created prior to August 8, 2008: and, 6. There is no opportunily to consolidate lots under common ownership that will alleviate the nonconformity: and, 7. The area between the structure and the shoreline shall comply with the vegetation conservation standards of SMP 23.90.06.8.3; and, 8. Development may not take place waterward of the ordinary high water mark; and, 9. On -site sewage systems may be allowed within critical areas and their buffers, excluding actual water bodies such as wetlands, streams and lakes, outside of the building area specified above, subject to specific criteria in WCC 16.16. K —New single family development on non Genfeming lots Gensisting of propeFty und8F GGnti9UGUS ownership less than 20,000 squaFe feet in size and not subieGt to landslide mpipi Niw .. x"Oklmle 297 CHAPTER 5 — APPLICABILITY AND NON -CONFORMING USES O. Redevelopment of non -conforming right-of-ways and associated transportation structures, such as railroad trestles, may be permitted for purposes of facilitating the development of public trails and/or public shoreline access; provided that, such redevelopment shall be otherwise consistent with the provisions of this Program, including but not limited to the provisions for public access and no net loss of shoreline ecological functions and processes, except as provided for in subsections (E) and (H) above. 23.50.08 Property Rights A. Decisions on shoreline permits and/or approvals shall recognize all relevant constitutional and other legal limitations on the regulation of private property. Findings shall assure that conditions imposed relate to the governmental authority and responsibility to protect the public health, safety, and welfare, are consistent with the purposes of the Act, and are roughly proportional to the expected impact. B. This Program does not alter existing law on access to or trespass on .private property and does not give the general public any right to enter private property without the owner's permission. C. Consistent with Whatcom County's high standard of staff conduct, County staff observe all applicable Federal and State laws regarding entry onto privately owned property. 41 • • CHAPTER 10 —SHORELINE USE AND DEVELOPMENT SMP Table 23.100.01 Shoreline Use by Area Designation(ai Shoreline Uses Shoreline,Ar�a D;esi nation, Urban ' Urban Urgan Shoreline Rural Resource.: Conservancy Na"tural AquaticEb� Cherry-' Resod Conservanc Residential Point :' A ricditd`re P171 X P" PH P P P P X A dacdlture l P.. P P P P P. P Pm P Commercial salmon X(*) X(*) X(*) X(*) X(*) X(*) X(*) X(*) X(*) net pen facilities Boatin `:Facilities. Launch Rams P P P P P P P X(*)P Marinas P P C P P P C X P Covered over -water N/A N/A N/A N/A N/A N/A N/A N/A P(+) Pi+1 structures �:Comme'rciafl.. r.,; Water -oriented P PH CH P P pH CH X X(*) commercial Nonwater-oriented C CH CH C C C(-) C(") X X commercial Dced' in C C C C C C C X(*)C(*)X* Ess®atitial Pdblic'Facilities C C X C .Flood'Gontrol=and Instrearn:Structdres >. P P P P P P GP X P Channelization or dams for flood P P X P C C X X P control Forest:PracUces X X X X P P P C X Water -oriented industrial and port P X W X X pH PH / C X X P/ CH PH development Nonwater-oriented industrial and port C X X X C CH X X X X development Dams, diversion and I C X C C C. C C X P 103 299 W HATCOM COUNTY SHORELINE MANAGEMENT PROGRAM a. The County shall require professionally engineered design of any proposed flood control works or instream structure. b. The design of all dams and the suitability of the proposed site for dam construction shall be certified by a professional engineer licensed in the State of Washington. The professional design shall include a maintenance schedule. C. For all dams that are not regulated by either the Federal Energy Regulatory Commission licensing procedures, or the State Department of Ecology reservoir permit requirements, a maintenance agreement and construction bond for one -hundred -fifty percent (150%) of the cost of the structure shall be filed with the Director of the Public Works Department prior to construction. The maintenance agreement shall specify who is responsible for maintenance, shall incorporate the maintenance schedule specified by the design engineer, shall require annual inspections by a Civil Engineer licensed in the State of Washington and shall stipulate abandonment procedures which shall include, where appropriate, provisions for site restoration. d. No flood control works or instream structure may commence without the developer having obtained all applicable federal, state, and local permits and approvals, including but not limited to an HPA from the State Department of Fish and Wildlife. 23.100.06.0 Flood Control Works and Instream Structures — Shoreline Area Regulations 1. Urban: Flood control works and instream structures are permitted subject to policies and regulations of this Program. 2. Urban Resort: Flood control works and instream structures are permitted subject to policies and regulations of this Program. 3. Urban Conservancy: Flood control works and instream structures are permitted subject to policies and regulations of this Program; provided that, channelization or dams for flood control are prohibited. 4. Shoreline Residential: Flood control works and instream structures are permitted subject to policies and regulations of this Program. 5. Rural: Flood control works and instream structures are permitted subject to policies and regulations of this Program; provided that, channelization or dams for flood control may be permitted as a conditional use. 6. Resource: Flood control works and instream structures are permitted subject to policies and regulations of this Program; provided that, channelization or dams for flood control may be permitted as a conditional use. 7. Conservancy: Flood control works and instream structures are permitted as a seadit+enal use subject to policies and regulations; provided that, channelization or dams for flood control are prohibited. 8. Natural: Flood control works and instream structures are prohibited except for normal maintenance and repair. 133 300 CHAPTER 10 - CHERRY POINT MANAGEMENT AREA Facilities that allow for multiple use of piers, cargo handling, storage, parking and other accessory facilities are encouraged. 23.100.17.A.4 Public Access a. Where appropriate, industrial and port development within the Cherry Point Management Area should provide public beach and shoreline access in a manner that does not cause interference with facility operations or present hazards to life and property. This may be accomplished through individual action or by joint, coordinated action with other developers and landowners, for example, by setting aside a common public access area. Special emphasis should be,given to providing public beach and shoreline access for recreational opportunities including but not limited to crabbing, small craft launching, surf fishing, picnicking, clamming, and beach walking. C. Public access within the Cherry Point Management Area should be consistent with the Whatcom County Parks and Recreation Open Space Plan. 23.100.17.A.5 Shoreline Ecological Functions and Processes In recognition of the diverse and vital ecological resources in the Cherry Point Management Area, consideration of probable effects of all development proposals on shoreline ecological functions and processes should be assessed with the other long term statewide interests. —New port development that requires dredge and fill should not be permitted in the Cherry Point Management Area due to potential adverse effects on ecological functions, including fish and shellfish habitat and geo-hydraulic processes. 23.100.17.A.6 Aesthetics All development should be designed to avoid or minimize negative visual impacts on the scenic character of the area and to ensure visual compatibility with adjacent non -industrial zoned properties. 23.100.17.A.7 Site Development All development should be constructed and operated in a manner that while permitting water- I dependent uses, also protects shoreline resources, their ecological functions and processes, and that incorporates the following: a. Low impact development approaches to avoid or minimize adverse impact to topography, vegetation, water quality, fish and wildlife habitat, and other natural site conditions; b. Adequate temporary and permanent management measures to control erosion and sediment impacts during construction and operation; and Adequate stormwater management facilities. 23.100.17.13 Cherry Point Management Area — Regulations 187 301 CHAPTER 10 — CHERRY POINT MANAGEMENT AREA 23.100.17.13.3 Critical Areas In addition to meeting the provisions of Ch 23.90.03 Ecological Protection and Critical Areas, development and alteration shall not be located or expanded within critical areas designated pursuant to WCC 16.16 except where the site is approved for water -dependent use, and the following are met: a. Mitigation to achieve no net loss of ecological functions and processes shall be conducted in accordance with SMP 23.90.03. b. Development and alteration shall not be allowed in wetlands in the backshore area. Upland development shall demonstrate that changes in local hydrology will not decrease the viability of the wetland environment nor degrade the existing water quality within the wetland. C. The minimum required setback from the OHWM for all industrial and port facilities, including development components, which do not require a water's edge or water surface location shall be 150 feet; provided that, bluffs and banks greater than 10 feet in height and sloping greater than thirty percent (30%) and wetland shorelines shall have such setbacks measured from the crest of the bank or the edge of the wetland in addition to the OHWM. d. Development and alteration other than recreation development for public and quasi - public shoreline access is prohibited on the accretion shoreforms identified on the map in Appendix C, subject to the regulations in this section and consistent with the Conservancy and Aquatic Shoreline Area Designation policies and regulations of Chapters 9 and 10; provided that lawfully established uses or developments may be maintained subject to the provisions of SMP 23.50.07. 23.100.17.B.4 Location and Design a. Piers (1) Piers shall be designed to accommodate only the necessary and intrinsic activities associated with the movement of material and cargo from land to water and water to land. The length of piers shall not extend beyond that which is necessary to accommodate the draft of the vessels intending to use the facility. Due to the environmental sensitivity of the area, Whatcom County shall limit the number of piers to one (1) pier, in addition to those in operation er-approved as of January 1, 1998. (2) Piers shall be designed to minimize interference in the intertidal zone and adverse impacts to fish and wildlife habitats. (3) Piers shall be designed to minimize impacts on steep shoreline bluffs. (4) All pilings in contact with water shall be constructed of materials such as concrete, steel, or other materials that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper 189 302 CHAPTER 11 — DEFINITIONS influenced geo-hydraulic processes, presence of a surface connection including through a culvert or tide gate, location in part or whole within the floodplain of a shoreline, periodic inundation, and/or hydraulic continuity. 25. "Average Grade Level" means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property on that part of the lot to be occupied by the building or structure as measured by averaging the elevations at the center of all exterior walls of the proposed structure. B "Backshore" means a zone of accretion or erosion lying landward of the average high - tide mark, wetted by tides during storm events. 2. "Barrier Beach" means a linear accretion shoreform of sand and/or gravel berm(s) accreted waterward of bluffs, bays, marshes or estuaries by littoral drift; the berm acts as a natural dike and seawall to its backshore or marsh hinterland. 3. "Beach Nourishment" means a restoration or shoreline stabilization activity in which selected beach material is deposited at one or several locations in the updrift portion of a drift sector. The material is then naturally transported by waves or currents downdrift to stabilize or restore accretion shoreforms and other berms, which may be eroding due to artificial obstructions in the shore process corridor. 4. "Bedlands" means those submerged lands below the line of extreme low tide in marine waters and below the line of navigability of navigable -ef-lakes and rivers. Where the line of navigability has not been established, bedlands would be those submerged lands below the OHWM in lakes and rivers. 5. "Bedrock" means a general term for rock, typically hard, consolidated geologic material that underlies soil or other unconsolidated, superficial material or is exposed at the surface. 6. "Berm" or "Protective Berm " means one or several accreted linear mounds of sand and gravel generally paralleling the shore at or landward of OHWM; berms are normally stable because of material size or vegetation, and are naturally formed by littoral drift. 7. "Best Management Practices" means conservation practices or systems of practices and management measures that: a. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins, and sediment; b. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of waters, wetlands, and other fish and wildlife habitats; C. Control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw material. "Bioengineered Shoreline Stabilization" means biostructural and biotechnical alternatives to hardened structures (bulkheads, walls) for protecting slopes or other erosive features. 091 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Bicengineered stabilization uses vegetation, geotextiles, geosynthetics and similar materials. An example is Vegetated Reinforced Soil Slopes (VRSS), which uses vegetation arranged and embedded in the ground to prevent shallow mass -movement and surficial erosion. 9. "Boat Lift" means an in -water structure used for the dry berthing of vessels above the water level and lowering of vessels into the water. A boat lift as herein defined is used to berth and launch a single vessel, suspended over the water's surface. A boat lift is generally a manufactured unit without a canopy cover and may be placed in the water adjacent to a dock or as stand-alone structure. A boat lift may be designed either for boats or personal watercraft. A boat lift is to be differentiated from a hoist or crane used for the launching of vessels. A boat lift with a canopy cover shall be considered a covered moorage for the purposes of this Program. 10. "Bog" means a type of wetland dominated by mosses that form peat. Bogs are very acidic, nutrient poor systems, fed by precipitation rather than surface inflow, with specially adapted plant communities. 11. "Breakwater" means an offshore structure that is generally built parallel to shore that may or may not be connected to land, and may be floating or stationary. Their primary purpose is to protect harbors, moorages and navigation activity from wave and wind action by creating stillwater areas along shore. A secondary purpose is to protect shorelines from wave caused erosion. 12. "Buffer (buffer zone)" means the area adjacent to a shoreline and/or critical area that separates and protects the area from adverse impacts associated with adjacent land uses. 13. "Building" means any structure used or intended for supporting or sheltering any use or occupancy as defined in the International Building Code. 14. "Building Area" means the entire area that will be disturbed to construct the home, normal appurtenances (except on -site sewage systems), and landscaping. 14. "Building footprint" means for the purposes of this program, the ground area contained by the exterior walls of a building. 15. "Bulkhead" means a wall-like structure such as a revetment or seawall that is placed parallel to shore primarily for retaining uplands and fills prone to sliding or sheet erosion, and to protect uplands and fills from erosion by wave action. C "Channel Migration Zone" means the area along a river or stream within which the channel can reasonably be expected to migrate over time as a result of normally occurring processes. It encompasses that area of current and historic lateral stream channel movement that is subject to erosion, bank destabilization, rapid stream incision, and/or channel shifting, as well as adjacent areas that are susceptible to channel erosion. There are three components of the channel migration zone: (1) the Historical Migration Zone (HMZ)—the collective area the channel occupied in the historical record; (2) the Avulsion Hazard Zone (AHZ)—the area not included in the HMZ that is at risk of avulsion over the timeline of the CMZ; and (3) the Erosion Hazard Area (EHA)—the area liLN 304 CHAPTER 11 -DEFINITIONS 1. "Dam means a barrier across a stream or river to confine or regulate flow or raise water levels for purposes such as flood or irrigation water storage, erosion control, power generation, or collection of sediment or debris. 2. "Debris Flow" means a moving mass of rock fragments, soil, and mud; more than half of the particles being larger than sand size; a general term that describes a mass movement of sediment mixed with water and air that flows readily on low slopes. 3. "Development" means a use consisting of the construction or exterior alteration of structures, dredging, drilling, dumping, filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature that interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any state of water level. This term may include activities related to subdivision and short subdivisions; binding site plans: planned unit developments; clearing activity; fill and grade work; building or construction; and activities that are exempt from the substantial development permit process or that require a shoreline variance or conditional use.. 4. "Dike" means an artificial embankment placed at a stream mouth or delta area to hold back sea water for purposes of creating and/or protecting arable land from flooding. 5. "Dock" means all platform structures or anchored devices in or floating upon water bodies to provide moorage for pleasure craft or landing for water -dependent recreation including, but not limited to floats, swim floats, float plane moorages, and water ski jumps. Excluded are launch ramps. 6. "Drainage Ditch" means an artificially created watercourse constructed to drain surface or ground water. Ditches are graded (man-made), channels installed to collect and convey runoff from fields and roadways. Ditches may include irrigation ditches, waste ways, drains, outfalls, operational spillways, channels, stormwater runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse. Ditched channels that support fish are considered to be streams. 7. "Dredge Spoil' means the material removed by dredging. "Dredging" means the removal, displacement, and disposal of unconsolidated earth material such as silt, sand, gravel, or other submerged material from the bottom of water bodies or from wetlands; maintenance dredging and other support activities are included in this definition. "Drift Sector" or "Drift Cell' means a particular reach of marine shore in which littoral drift may occur without significant interruption, and which contains any and all natural sources of such drift, and also any accretion shoreform(s) accreted by such drift. Each normal drift sector contains these shore process elements: feeder bluff or estuary, driftway, littoral drift, and accretion shoreform. 10. "Driftway" means that portion of the marine shore process corridor, primarily the upper foreshore, through which sand and gravel are transported by littoral drift. The driftway is the essential component between the feeder bluff(s) and accretion shoreform(s) of an integral drift sector. Driftways are also characterized by intermittent, narrow berm beaches. 200 FOR WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 6. "NonGGnfGFFniAg „ var.ant !at under Gentiguous owneFship and with less than a total of 20,000 squaFe feK d-ate of this Pragi:am (Aug or amendments heFe4e, h-'-It Whoah does 1;0 7. "Non -conforming Use", "Non -conforming Development" or "Non -conforming Structure" means a shoreline use, development or structure that was lawfully constructed or established prior to the effective date of this Program (August 27, 1976) or amendments hereto, but which does not conform to present regulations or standards of the Program. 8. "Nonwater-oriented Use" means uses that are not water -dependent, water -related or water -enjoyment. Nonwater-oriented uses have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act except single- family residences. Any use that does not meet the definition of water -dependent, water - related or water -enjoyment is classified as nonwater-oriented. U 1. "Off -premise Sign" means a sign situated on premises other than those premises to which the sign's message is related. 2. "Oil" means petroleum or any petroleum product in liquid, semi -liquid, or gaseous form including, but not limited to, crude oil, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredging spoil. 3. "Ongoing Agriculture" means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock,, including, but not limited to, operation and maintenance of existing farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and maintenance or repair of existing serviceable structures and facilities. Activities that bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted has been converted to a non-agricultural use, or has lain idle for more than five (5) consecutive years unless that idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition. 4. "On -premise Sign" means a sign situated on the premises to which the sign's message is related. "Open Space" means any parcel or area of land or water not covered by structures, hard surfacing, parking areas and other impervious surfaces except for pedestrian or bicycle pathways, or where otherwise provided by this title or other county ordinance and set aside, dedicated, for active or passive recreation, visual enjoyment, or critical area development buffers as established in WCC 16.16.. Submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in open space calculations. Required open space percentages, as applicable, are not to be used for purposes of calculating total impervious surface. 213 306 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-299 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: GSS 912114 9116114 Council/Introduction Division Head. - .dgg "OUNTY UNCIL 9/30/14 Hearing Dept. Head: Prosecutor: o /I Purchasing/Budget: Executive: Z 4zNT: 2z S✓ TITLEOFDO1. Resolution adopting the Six -Year Water Resources Improvement Program (WRIP), 2015-2020 ATTACHMENTS. • Memorandum • Resolution • Six -Year WRIP, 2015-2020 • Pro'ect Narratives SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? (X) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: September 30, 2014 (public hearing required under RCW 86.15.120) SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. Resolution by the Whatcom County Flood Control Zone District Board of Supervisors adopting the Six - Year Water Resources Improvement Program (WRIP) for 2015-2020. The adoption by resolution is pursuant to the Revised Code of Washington (RCW 86.15.110). COMMITTEE ACTION.• COUNCIL ACTION.• 9/16/2014: Introduced 7-0, Council acting as FCZDBS, Proposed Public Hearing for 9/30/14 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. ,SU 1 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director TO: NATURAL RESOURCES 322 N. Commercial St., Suite 110 Ilingham, WA 98225 ep one: (360) 676-6876 FAX: (360) 738-2468 www.whatcomcounty.us SEP 4~- 2014 JACK LOUWS COUNTYTI The Honorable Jack Louws, Whatcom County Executive, and Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Frank M. Abart, Public Works Director FROM: Gary Stoyka, Natural Resources Program Manager DATE: September 3, 2014 RE: Six -Year Water Resources Improvement Program (WRIP), 2015-2020 Requested Action: The Department of Public Works requests that the 2015-2020 Six -Year Water Resources Improvement Program (WRIP) resolution and its associated exhibits be introduced at the County Council/Flood Control Zone District meeting on September 16, 2014. We then request that a public hearing be advertised for and held at the September 30, 2014 County Council/Flood Control Zone District meeting, with the resolution potentially adopted at said meeting. Background and Purpose: Each year the County updates its Six -Year Water Resources Improvement Program (WRIP) in accordance with RCW 86.15.110. Information: Memorandum to County Executive and Council Exhibit "A" — Resolution adopting the 2015-2020 Water Resources Improvement Program Exhibit "B" — 2015-2020 Water Resources Improvement Program Exhibit "C" — Project Narratives 1: PROPOSED BY: SPONSORED BY: Public Works INTRODUCED: RESOLUTION NO. (A Resolution of the Whatcom County Flood Control Zone District Board of Supervisors) WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT SIX -YEAR WATER RESOURCES IMPROVEMENT PROGRAM FOR THE YEARS 2015 THROUGH 2O20 WHEREAS, pursuant to RCW 86.15.110, flood control or storm water control improvements may be extended, enlarged, acquired, or constructed by a zone pursuant to a resolution adopted by the Board of Supervisors; and WHEREAS, Whatcom County Public Works Department on behalf of the Flood Control Zone District has prepared a Six -Year Water Resources Improvement Program for adoption; and WHEREAS, pursuant to RCW 86.15.120, the supervisors shall hold a public hearing prior to adopting the resolution; and WHEREAS, the Six -Year Water Resources Improvement Program attached hereto as Exhibit "A" has been reviewed and determined to be consistent with the County's comprehensive plan and is consistent with the following plans: • Lower Nooksack River Comprehensive Flood Hazard Management Plan, October 1999 • Canyon Creek Alluvial Fan Risk Assessment, September 2003 • Jones Creek Debris Flow Study, March 2004 • WRIA 1 Salmon Recovery Plan, October 2005 • Lake Whatcom Comprehensive Stormwater Plan, March 2008 • Birch Bay Comprehensive Stormwater Plan, July 2006 • Swift Creek Sediment Management Action Plan, July 2013; and Page 1 WHEREAS, pursuant to RCW 86.15.110, for constructed improvements the preliminary engineering studies are on file with the Whatcom County Public Works Department; and WHEREAS, pursuant to RCW 86.15.110, the estimated cost of the acquisition or construction of the improvement, together with supporting data is included in the Six -Year Water Resources Improvement Program; and WHEREAS, the improvements will benefit one or more zones, subzones and the county as a whole; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone District Board of Supervisors as follows: 1. That the Whatcom County Flood Control Zone District Six -Year Water Resources Improvement Program for the years 2015 through 2020, which is attached hereto as Exhibit "A", is hereby adopted. APPROVED this day of , 2014. ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Pa-li.u' 441'�'nz Daniel L. Gibson, Chief Civil Deputy Prosecutor Page 2 Flood Control Zone District Board of Supervisors WHATCOM COUNTY, WASHINGTON Carl Weimer, Chair 310 WHATCOM COUNTY PUBLIC WORKS 2015-2020 SIX -YEAR WATER RESOURCES IMPROVEMENT PROGRAM EXHIBITA Updated 9/3/2014,9:02 AM ttam Project Description DID BES Prevbus ExpeMhuros 2015 2026 2017 2019 2019 2020 Total N0. i0 No. Phase Amount Saura Phase Amount Source. Phase Amount. Source Phase Amount Phase Amount PHaze Amount. Phase Amount LAKE WHATCOM STORNIWATER `REET REET':: REET iREET Academy Road/Joint with COB(LW CIP-05): PE $ 5),000 DOE .._ .__ _ PE: $ 50,000 DOE PE _____ _ _ PE PE; ._._.______ PE .__ -- _ PE ___________.._ Pretreatment, media filter drain, sorbfive media RW $ 581,000 'COB -Land and ROW RW ,. _ _RW _. RW RW - RW - RW 1 f lter, high flow bypass, and vegetated buffer along 07-097 W 5 CN _ _ - _ _ CN $ 620,000 REET CN CN CN _-. CN --_ _ ON _ $ 1,735,000 lakefront CN CN $ 175,000 FQD ,_, CN - CN CN _ CN CN CN CN :$ 259,000 'COB CN CN CN CN CN PE $ 75,000 REET PE $ - 20,000 REET PE $ 5,000 FQD PE : PE PE PE Cedar Hilh/Eudid (LW CSP# CIP-09, CIP 10) Install PE _ .._ _ PE $ _ _ _ _ _ _ 5000 FQD PE _.. PE . PE -_ PE ._.. - PE 2 rain gardens, fitter vaults, and swales 07-066 63.9 RW $ 20,000 REET -- --- -- RW --- -- - RW - - --- RW , __-- RW _. --- RW .. RW $ 725,0DO CN CN - CN CN : $ 600,000 ;REET CN CN CN CN CN CN ' CN CN CN CN CN ' PE PE_ $ 65,000 REET PE $ 20,000 REET PE PE PE PE Ageta Heights Estate/BaVU-ILWCSP#CIP-11,CIP PE._. _- PE $ --. 5,000 FQD.... ..PE $ .. 5,OD0 FQD PE _. PE.. .__._ PE •___. -RE 3 12): System upgrades to improve water quality 07-102 60.5 RW RW $ I5,000 -.REET _._. RW _. RW RW RW RW $ 610,000 (bioinfiltrat'on swales, reduce ditch erosion) _.._.- CN ___... ....... ON CN . .__.' CN $ 500,000 CN CN . CN CN ' ON CN CN CN ' CN CN PE PE 51000. FQD PE $ _ 95,000 REET PE $ 201000 PE PE : PE Beaver Creek(LIN CSP#CIP-13): Restore and repair PE _. _ PE _. -.. .... ._ PE $ 5,000 FQD .. PE PE PE _ -RW PE 4 eroded sections of Beaver Creek 13-003 56.3 RW -- -- RW - -- RW $ 10,000 REET _. -- --- RW .... RW RW _ ._... .. . $ 575,000 CN ON ON : CN CN 450,000 CN CN ON ON CN CN CN CN PE PE PE PE $ 100,000 PE '. $ 25,000 PE PE 5 Sudden VaINV(LW CSP#CIP-16, CIP-17)'Oramage 13-004 46.3 RW -�- RW -RW - RW$_. 35000 RW_ RW systems upgrades and outfall retrofits CN CN _ CN CN CN _RW ON 640,000 CN CN ON CN ON CN CN Silver Bead, Creak(LW CSP#CIP-04, CIP-06): Main PE PE PE ...._.. .......__ PE _: _._._ PE $1,00,000 PE .$... 50,000-PE 6 channel restoration below Hillsdale using natural 07-095 60.5 RW -. ..- RW __. RW RW _- RW_ $ 56,000 RW RW - $ 750,000 vegetation CN _..... ..... CN ON _ _ __.._ CN ON _.. ._ _.-. ON CN CN CN CN CN .. _. CN CN $ 5201000 FQO: ', $ 30,000 Northshore Drive at E North Street: Design 2019, PE PE PE PE PE PE $.. 100,000.. PE J____ 50,000 7 construction 2021. System upgrades to improve 14-002 62.2 RW-,,.- RW_ _.-- -....- .... RW ... _. RW RW RW _$,- 50,000 RW _- $ 200.000 water quality (biof'Itration swales, reduce ditch CN ON _.__... CN CN CN CN CN erosion) CN ON CN CN _.._.__. ._. .CN CN CN !Dwell Drhra ant CaMrbrook Court: Design 2020, EPE _- PE PE : VE PE PE $ 100,0008 construction 2022. End of Pipe meda filtration and 14-003 61.2 �PW-- ........ ._......___ RW_ RW .__-. -, RW RW_ RW $ 50,000 $ 150,000 natural drainage system improvements CN ..._ CN ON _ _. _ CN ON .... _. ON CN . CN CN ......... CN i CN _.... __ CN CN Notes: 1. Expenditures shown are planning -level cost estimates. The Six -Year WRIP does not authorise expenditures. 311 2. PE= Preliminary Engineering; RW = Property Acquistion; ON = Construction. WHATCOM COUNTY PUBLIC WORKS 2015-2020 SIX -YEAR WATER RESOURCES IMPROVEMENT PROGRAM EXHIBITA Updated 9/3/2014, 9:02 AM Rem Project DescsipUw DataWse BES Prevkws Expendtures 2015 -16 201] 2018 2019 2020 Total No. ID No. Phase Amount Source Phase Amount Source Phase Amount Source Phase amount Phase Amount Phase Amount Phase. Amount BIRCH BAY: WARM : BBWARM :BBWARM :BBWARM BBWARM BBWARM iBBWARM PE _ $ 80,000 PE PE PE PE : PE Harborvlaw Rwd Colvert Replewm,M(HL-1): RW _.. _. RW _ _PE _._. _ _ RW _.. _... R W RW_ $ RW 9 Upsae six culverts along Harborview Road to reduce 07-217 52.0 CN CN CN .. CN CN _._5,000 $ 135,000 CN CN CN $ 335,000 flooding over roadway and adjacent properties CN CN ON CN _ CN $ CN CN CN CN CN CN CN (REET7 (I CN CN ' PE'.. $ 117,000 PE PE PE $ 30,000 PE PE PE Cottonwood Drive Dninatta lmprowmaM(HL-2& RW_ RW RW RW 20,000 RW RW RW 30 HL-3): Conveyance improvement forreduced 13.006 52.2 Cry - .-..,.... - Cry _- ON -__- - __-- -___- -- CN ___ '. $ 715,000 CN -- - CN � � - --- - ON - --� - _-- $ 967,000 flooding and wafer quality treatment improvements CN CN ON ' CN CN CN CN ' CN ' CN ON CN IREET) CN i CN CN ' PE PE $ 30,000 PE PE PE PE PE 11 SeavNw/Howl Strati Drainage Uppade: Improve 13-006 52.2 _ RW pE. ..._ _. RW RW _ RW RW RW drainage conveyance and reduce flooding ON - ... _ CN $ 85,000 ON _. CN CN CN _ CN _. .. : $ 115,000 ON ON ON _ ON CN CN CN Collaborative Drainage System Repair -Birch Point PIE _..._ _ _ PE $ __. 40,000 PE 5 30,000 oche't_ui �mrs _ PE _ _ PE PE _ _ PE _._.. Total Project: _ 12 (BR-03): New marne outfall and drainage system 07-241 37.8 RW __ RW 5 3o a00 oMer wntrw s RW :,$ xo,OpO othercontr tutors RW RW RW RW $62000D from Semiahmoo Or to Semiahmoo Bay CN CN _ CN ON _ CN ON $ 200,000 5 3oD,000 oMer.untribumrs _-- CN CN CN CN .__. CN CN _ _CN CN __. Bir-RMTotal $240,000 Rkhmortd Park (SW3, SH-2, SH-1): Upsite outfall and PE PE PE ,,,.,,.._ .._-_ PE PIE $, .._._210,000 PE PE : $ _ _ _ 40,000_ 13 install new drainage diversion down Shintaffer Road 07-271 62.1 RW _. _ _ RW RW RW RW_ RW $ 25,000 RW $ 11275,000 to reduce flooding and gully erosion CN _ .__._ CN_ ON _.. ____ CN _,. CN _ _ CN __CN $ 1,000,000 CN ON CN CN - CN CN CN Wooldridge Drive Drainage lmpro ..-(CC-03): PE - . PE _. _. PE _.. PE PE_ $ 90,000 PE ._. PE 14 improve drainage system to reduce local flooding 13-007 52.2 -___ RW RW _. RW RW RW RW _ $ �� and incorporate wafer quality treatment CN.__ CN .__ _ ON CN _ __... CN CN _ _ CN CN ON.. CN CN -___ CIN _ CN CN .._. PE _ _ PE_ _. _.... _._RW PE _.. --.- PE PE $ 25,000 PE 15,000 PE Small works projects: Central North, Cottonwood, RW... RW RW .... RW RW _$ -_RW 35 Point Whitehom, Terre[ Creek Area varan yar,ws CN ___.._. __-_ _...,,., CN .. CN CN _ :N $ 75,000 CN $. 60,WO CN CN CN ' CN CN CN CN . CN BIRCH BAYDRWE AND OEDESTRIAN:FACILITY PE 5 322,0oo sTP Pdd PE 5 1,1280DO 5TP-Road PE PE PE PE PE Total Project: PE S i'l3,o00 BEET PE 272,o00 REST P80 CN 5 306,000 STP-Rwd RW RW RW RW 1 420,000 16 Birch Bay Drive 8 Pedestrian an Project: Stormwafer 721 PE ... ... .5 PE ... CN 5 5,394,000 Road vend CN 5 I,500,000 CN 5 4C0 00o CN .__. CN improvements PW $ 150,000 REEF RW 5 150000 BEET PRB CN 5 3,200,000 ED CN CN CN CN RW CN CN ', $ 250,000 ',FC2D ON _ ON CN _ ON Sx$O,oao E¢D CN CN CN $ 250,0110 ',BBWARM CN CN CN CN 5250,000 BBWARM SWIFT CREEK Swift Creek Phase l Projects - Sediment Traps, PE $ 973,000 DOEGrant PE ,S 1,SI5000 DOEtoxa PE PE ... PE PE _ PE 17 U Lipper Goodwin Reach Setback Levee, and Sediment 00 13-1 69.6 PE_,__ $ 442,000 FCZD _ RW $ 200,000 FCZD. _ _ RW RW RW RW _ _ RW ___ ____ $ 14,209," Basins. .. CN _. ... _ CN S I,10o,00o DOE-_ .. CIN $ ea,DDo ON 5 Io,000000 CN _ CN CN CN ' CN IDOU ON (DOD CN CN PE PE PE PE PE PE PE 18 Swift Creek Maintenance- Dredging and levee repair 08-023 60.2 RW.. RW RW _.. ... RW RW ... RW _.. RW and maintenance CN � _ $ 600,000 FC2D _„____CN_ .... _. CN ,. _ CN $ i_5.0000 ON $ _150,000 CN $150,000_C_N_ 150,00.0_ $ 1,475,OW CN CN 5 275,000 DOEtaRia wog CN GN ON CN _$__ Notes: 1. Expenditures shown are planning -level cost estimates. The Six -Year WRIP does not authorize expennIddi�itures../� 2. PE=Prelim[nar/lgoyering;RW= Property Acquist[on; CN = Construction. WHATCOM COUNTY PUBLIC WORKS 2015-2020 SIX -YEAR WATER RESOURCES IMPROVEMENT PROGRAM EXHIBITA Updated 9/3/2014, 9:02 AM Item Project B..Hptk. Database BES Previous Expenditures 2015 2016 2017 2018 2019 2020 Total No. IDNo. Phase Amount Source Phase. Amount Source Phase. Amount Source Phase Amount Phase Amount Phase Amount Phase Amount i RR/ERAND FLOOD PE _ PE PE PE ___ PE- PE PE RW '.. $ 250,000 :FQD RW '. $ 40,000 F¢D TOWlthrough 2015: _ RW $ 370,000 FEMAFed/Stategrant _ RW $ 250,000 FEMAFed/Stategrant _ RW RW $120,000 RW $120,000 RW $120,000 RW $120,000 $1,390,000 39 Madatte Acquisition - Acquire properties in 07-002 79.6 RW $ 110,000 ESRP grant_.. RW - --$120,000 - -- -- -- - ----- repetitive Rood loss area ___ .___ CN $ 130,000 FQD _ CN $50,000 FQD CN $30,000 CN $30,000_CN ___ $30,000 CN__---- $30,000-CN $30,000 FC2DToral CN $ 70,000 FEMAFed/Stategrant -- CN $ 90,000 FEMA Fed/State grant S47c,000 CN ', $ 40,000 :ESRP grant CN CN CN CN CN CN ' PE $ 100,000 FQD PE - -- - - PE _- - PE PE - PE :;. PE PE _- $ 280,000 ROD Fed/State grants PE- - PE _.. - PE PE - PE PE _. PE $ 90,000 ..DOE Brant- Project Ttal: RW $ 130,000 FQD RW RW RW RW RW RW $5,640,000 Canyon Croak Restoration --Levee setback and RW $ 780,000 FEMAFed/Stategrant _ RW - - RW RW RW - RW RW _. 20 construction of 23 engineered log jams 07-133 74.7 RW $ 300,000 RCOgrantthru WLT -. --___ -__ RW _- RW ... __. RW .._. RW ._.. RW . ___._... RW ....- .._.... ____. RW_ $ 50,OOD RCO Fed/State grants RW RW RW RW RW _.. RW FCLDToral _- CN $ 360,000 FQD __. .. CN $ ...-_20,000 DOE grant .-.... CN ......... .. CN .. . CN .... _ Chl CN 557aoco CN $ 90,000FEMAFed/Stategrant _ CN $ 5,550,000 RCO Fed/State grants CN CN CN CN CN CN CN '.. $ 1,910,000 'DOE rant CN CN CN CN CN CN ' PE $ 450,000 FEET PE $ 200,000 REET PE PE PE PE PE Project Total: Doming Levan lmprovmm ea-Reab Realign and improve _ RW $ 50,000 FQD � RW _ �- -_.- RW RW RW _.._ RW RW $2,450,000 21 upstream portion of levee to protect Deming 0]-106 T2.1 CN CN _ CN $ 350,000 FEET CN __- CN CN CN - FCZDTom CN CN CN $ 1,400,000 I DOE gran( CN CN CN CN SSO,000 PE $ 290,000 'FQD PE $ 300,000 ''. FQD PE $ 3D0,000'. FQD PE PE PE PE Design/RW Total: Torres Creak Debris Fknv Protanlan--Construct RW $ 90,000 FQD . RW $ .. _300,000 FQD..-.. _ RW $ _- 300000 FQD ....... .. RW _.. RW _..-_ RW -__ RW __$1930000 22 deflection bens and address local access 07-505 70.6 BIN $ 350,000 FEMA/State grant - - - --- - --- -- -- - -- ----- _ _ -._ _ _ __ CN CN CN CN $ 1,000,000 CN $ 1,000,000 CN CN FQD Total: CN CN CN CN CN CN CN $7,580,000 PE PE $ 270,000 FQD PE $ 400,000 FQD PE $ 350,000 PE PE PE Lower Nookseck Planning: SWiF and CFHMP Update PE $ 210,000 ESRP grant PE_ $ -,.... 80,000 PSPBrant -, _. -. _. -,. _. Planning Total: 23 - Planning projects will result in list of capital Various 56 76 PE $ 220,000 PSP errant__-- --_ -.. -. _._ ... ,,.. ,,.. ..... .__ $1,650,000 improvements and programmatic actions RW RW RW RW .. __....- RW RW NW CN CN CN CN $ 500,000 CN $ ]50,000 CN :. $ 1,000,000 CN $ 1,000,000 FCZDToral CN CN [N ' CN ' CN CN CN ' S1,1a0,000 PE $ 150,000 FQD - ---._ PE $150,000 FQD _ PE - --_- -_ PE PE PE PE Project Total: 24 High Croak - Rew Recommended projects [o address 07-125 57.1 RW RW RW RW RW RW RW $850,000 ongoing sedimentation _. CN $ 50,000 FQD _ _ CN CN . $ 500,000 CN CN CN , CN FQDTaral _ - CN ' CN CN CN CN CN CN Seso,000 PE $ 150,000 FQD _ PE _ _ PE PE _ PE PE PE Project Total: 25 Sediment Mane{ameM Nktt -- Small-scale sediment OJ-265 33.3 RW __-. ___ RW _ RW RW RW RW -RW $750,000 removalto support sediment management strategy CN CN CN ' CN CN CN CN F¢D: CN CN CN CN CN CN CN 515o,oc0 PE PE PE PE PE PE PE Project Total: 26 City of Bellingham Squaikum Berm - Flood Hazard 13-009 61.4 RW RW RW - _ RW RW RW RW $2400000 Reduction CN CN $ 800,000 FQD CN CN CN CN CN F¢Dieui CN CN CN CN CN CN CN 5eao,000 PE PE PE -.__. PE ...__ PEA PE PE Total/year. Emarpncy/New Projects- Typically repair projects RW ._.. ..-_- RW ._ __...... RW .. RW RW .__.._._ RW ._ ... - - _ RW ___.- $300,000 27 that result from new damage, as needed 08.003 Vanes CN----____-- -._ -_ __-.. CN _- -- $ _250,000 FQD _-- -U-- _--- CN $ 250,000 FQD -_- _- CN ,$._ 250,000 50, CN $ 250,000 CN $ 250,000 -00 __. CN $ _. 250,000 - CN CN $ 50,000 Local sponsor CN $ 50,000 Local sponsor CN -. $ so," CN CN $ 50,000 CN NOTE: Numbers in f[e/its are, plarohogArsior. .. Molectss011being-ivad.... NOTE: REETfundsusadlntha DeminL Lawn.._ Prolectaro in the Flood fundbalanre. Notes: 1. Expenditures shown are planning -level cost estimates. The Six -Year WRIP does not authorize expenditures. 313 2. PE= Preliminary Engineering; RW = Property Acquistion; CN=Construction. Whatcom County Public Works — Surface Water Division Project Narrative Academy Road Stormwater Improvements (Joint Project with City of Bellingham) Database ID No. 07-097 Construction Funding Year(s): 2015 Project Narrative: Whatcom County has partnered with the City of Bellingham on a joint project to improve stormwater quality in the Academy sub -basin of the Lake Whatcom Watershed. The project will treat runoff from approximately 80 acres. Project elements will include a pretreatment unit, bioinfiltration Swale, filter cartridge vault, high flow bypass, and a vegetated buffer along the lake front. Project Status: Expenditures to date include a $581,000 land acquisition purchase by the City of Bellingham. Preliminary engineering design is underway. Construction is expected during the summer of 2015 Lake Whatcom watershed work window. Total Estimated Project Cost: $1,680,000 Expenditures to Date: $627,786 314 Whatcom County Public Works — Surface Water Division Project Narrative Cedar Hills / Euclid Database ID No. 07-066 Construction Funding Year(s): 2016 Project Narrative: Install rain gardens, filter vaults, and treatment swales. Project Status: Preliminary engineering design is currently underway. Right-of-way acquisitions to occur sometime in 2014. Construction is slated for the summer of 2016 during the Lake Whatcom watershed work window. Total Estimated Project Cost: $715,000 Expenditures to Date: $3,828 315 Whatcom County Public Works — Surface Water Division Project Narrative Agate Heights Estate / Bay Lane Database ID No. 07-102 Construction Funding Year(s): 2017 Project Narrative: System upgrades to improve water quality through construction of bio-infiltration swales and channel stabilization to reduce ditch erosion. Project Status: Preliminary engineering design is anticipated to begin in 2015. Construction is scheduled to take place in the summer of 2017 during the Lake Whatcom watershed work window. Total Estimated Project Cost: $600,000 Expenditures to Date: $-0- 316 Whatcom County Public Works — Surface Water Division Project Narrative Beaver Creek Database ID No. 13-003 Construction Funding Year(s): 2018 Project Narrative: Restore and repair eroded sections of Beaver Creek. Project Status: Preliminary engineering design is anticipated in 2016. Construction is scheduled for the summer of 2018 during the Lake Whatcom watershed work window. Total Estimated Project Cost: $565,000 Expenditures to Date: $-0- 317 Whatcom County Public Works — Surface Water Division Project Narrative Sudden Valley Database ID No. 13-004 Construction Funding Year(s): 2019 Project Narrative: Drainage system upgrades and outfall retrofits in Sudden Valley. Project Status: Preliminary engineering design is anticipated to begin in 2017. Construction will take place in the summer of 2019 during the Lake Whatcom watershed work window. Total Estimated Project Cost: $640,000 Expenditures to Date: $-0- 318 Whatcom County Public Works — Surface Water Division Project Narrative Silver Beach Creek — Main Channel Database ID No. 07-095 Construction Funding Year(s): 2020 Project Narrative: Restoration of the main channel of Silver Beach Creek below Hillsdale using natural vegetation. Project Status: Preliminary engineering design is anticipated to begin in 2018. Construction to take place in the summer of 2020 during the Lake Whatcom watershed work window. Total Estimated Project Cost: $200,000 (2018, 2019 - Preliminary engineering) $550,000 (2020 - Construction) Expenditures to Date: $-0- 319 Whatcom County Public Works — Surface Water Division Project Narrative Northshore Drive at E. North Street Database ID No. 14-007 Construction Funding Year(s): 2021 —71 Project Narrative: System upgrades to improve water quality (bioinfiltration swales; reduce ditch erosion). Project Status: Design in 2019 with construction in 2021. Total Estimated Project Cost: $200,000 (Preliminary engineering, ROW) $550,000 (Construction) Expenditures to Date: $-0- 320 Whatcom County Public Works — Surface Water Division Project Narrative Lowell Drive and Cedarbrook Court Database ID No. 14-008 Construction Funding Year(s): 2022 Project Narrative: End of pipe media filtration and natural drainage system improvements. Project Status: Design in 2020 with construction in 2022. Total Estimated Project Cost: $150,000 (Preliminary engineering, ROW) $550,000 (Construction) Expenditures to Date: $-0- 321 Whatcom County Public Works — Surface Water Division Project Narrative Harborview Road Culvert Replacement Database ID No. 07-217 Construction Funding Year(s): 2018 Project Narrative: Upsizing culverts along Harborview Road to reduce flooding. Project Status: Design started Spring 2014. Construction is dependent on design and construction of marine outlet at Cottonwood Court or Harborview Road. Total Estimated Project Cost: $315,000 Expenditures to Date: $80,000 322 Whatcom County Public Works — Surface Water Division Project Narrative Cottonwood Drive Drainage Improvement Database ID No. 13-006 Construction Funding Year(s): 2017 Project Narrative: Improve conveyance from upland areas to reduce near shore flooding and to provide additional drainage connections along Birch Bay Drive. Water quality treatment options will also be incorporated. Project Status: Design will begin Fall 2014 with construction in late summer 2017. Total Estimated Project Cost: $967,000 Expenditures to Date: $-0- 323 Whatcom County Public Works — Surface Water Division Project Narrative Seaview/Hazel Street Drainage Upgrade Database ID No. 13-006 Construction Funding Year(s): 2015 Project Narrative: This project will improve conveyance along Seaview and Hazel Streets in the Cottonwood Neighborhood. Stormwater from this area during heavy rain events overwhelms the drainage system and floods homes on the west side of Seaview and Birch Bay Drive. Project Status: Design and construction in 2015 Total Estimated Project Cost: $115,000 Expenditures to Date: $ 0 324 Whatcom County Public Works — Surface Water Division Project Narrative Collaborative Drainage System Repair -Birch Point Database ID No. 07-241 Construction Funding Year(s): 2016 Project Narrative: This project will install a new marine outfall and drainage system from Semiahmoo Drive to Semiahmoo Bay Project Status: Design underway summer 2014 with construction in 2016 Total Estimated Project Cost: $620,000 Expenditures to Date: 0 325 Whatcom County Public Works — Surface Water Division Project Narrative Richmond Park Database ID No. 07-271 Construction Funding Year(s): 2020 Project Narrative: This project will reduce flooding in the Richmond Park neighborhood by rerouting a portion of the stormwater through the installation of a new drainage system to Birch Bay. Rerouting of peak stormwater flows will also reduce erosion in the gully at Deer Trail. Opportunities for water quality treatment will also be evaluated. Project Design will begin January 2018 with construction late summer 2020 Total Estimated Project Cost: $1,275,000 Expenditures to Date: $-0- 326 Whatcom County Public Works — Surface Water Division Project Narrative Wooldridge Drive Drainage Improvement Database ID No. 13-007 Construction Funding Year(s): 2021 Project Narrative: Improve stormwater conveyance system to reduce street flooding and improve water quality. Project Status: Design will begin 2018 (Design related fees @ with construction late summer 2021 Total Estimated Project Cost: $255,000 Expenditures to Date: $-0- 327 Whatcom County Public Works — Surface Water Division Project Narrative Small Works Projects Database ID No. Construction Funding Year(s): 2018 & 2019 Project Narrative: A number of smaller works projects are being identified through the Subwatershed Master Planning process now underway. Final determination on specific projects to design and construct is contingent on further rating reviews with the BBWARM Advisory Committee. Project Status: Awaiting the next Subwatershed Master Plan completion (December 2014) and subsequent small works ranking process. Total Estimated Project Cost: $175,000 Expenditures to Date: 0 328 Whatcom County Public Works — Special Programs Division Project Narrative Birch Bay Drive and Pedestrian Facility Database ID No.: 07-030 Construction Funding Year(s): 2016-2017 Project Narrative: This project is located parallel to Birch Bay Drive from Cedar Avenue to the mouth of Terrell Creek. This is a 1.58 mile separated berm to provide soft -shore erosion protection, habitat enhancement, and encourage pedestrian use along Birch Bay Drive. This multi -beneficial project is included in the Six -Year WRIP to reflect contributions from both the FCZD and BBWARM. Project Status: Phase I of the Feasibility Study was completed in 2006. Phase 2A (Preliminary Construction Cost Estimate) was completed in 2007, and updated in spring of 2013. Preliminary Engineering began in late 2013, Design and RW acquisition in 2015 and Construction in 2016/2017. The Six -Year WRIP includes transfers out of BBWARM and FCZD in 2016 to support construction. BBWARM: $250,000 FCZD: $250,000 All other funds: $10,920,000 Total: $11,420,000 16 329 Whatcom County Public Works — Surface Water Division Project Narrative Swift Creek Phase 1 Projects Database ID No. 13-0001 Construction Funding Year(s): TBD Project Narrative: Construction and operation of projects for the management of the sediment deposited from the Swift Creek landslide. Phase 1 to include: Sediment Traps, Upper Goodwin Reach Setback Levee, and Sediment Basins. A Joint Agency Agreement was approved and signed by the Environmental Protection Agency (EPA), Washington Department Of Ecology (DOE) and Whatcom County. Whatcom County will manage the projects with funding provided by EPA and DOE for the design and construction. Project Status: EIS completed, plan adopted by resolution July 2013; Work is dependent upon funding from State and Federal funds. The Washington Department of Ecology will request $3,800,000 for design and initial construction in the Washington State 2015/2016 biennium budget. Total Estimated Project Cost: $14,209,000 Expenditures to Date: $1,315,000 w V�- �� N SCSMAP � E : Phase 1 —sauth Pans tbaok Levee ,,. Implementation .n StlUYH PAs.S Ab. Proposed Phase 1 z F _ Y Project Elements �"S �++�' Levi•es Upper GaadtNlriNeaeH ;r �,. Vet%rts Flaw/Setbg L99C$8_ a +Canyon Reaah lnrE ➢fY � 5eciltYleni� A , # z f ..,,ridfAljrrftneCtt ! 3W WII I(,I no+.. - 5 MWtiMC 5 ft k mt ��I�i VI,i11�iF r *� ,r 4 iyll 1bw+atLS¢bdWinReach setback Levee , bi Figure 1 Phase � Structure r locations 330 17 Whatcom County Public Works — Special Program Division Project Narrative Swift Creek Maintenance Project Database ID No. 08-023 Construction Funding Year(s): 2015-2020 Project Narrative: Until the Phase 1 projects are complete a significant amount of bedload is deposited on the alluvial fan of Swift Creek. An ongoing maintenance program is required to manage the deposits. The goals of the maintenance program are to protect and repair the levee system and to maintain the integrity of bridges at Goodwin and Oat Coles Roads. Project Status: Expenditures for 2015 are expected to complete the levee protection started in fall of 2014. Additional dredging and levee protection is expected for 2017-2020 at approximately $150,000 per year. Estimated Project Cost for 2015: $275,000 FCZD Expenditures to Date: $600,000 r4 �. Ilk 1 arfh t ,.; 14,t j f ! _ 1 18 331 Whatcom County Public Works — Surface Water Division Project Narrative Marietta Acquisition Database ID No. 07-002 Construction Funding Year(s): 2001 - Present Project Narrative: Acquire residential properties in the frequently -flooded repetitive flood loss area of Marietta. Remove existing structures and restore properties with native vegetation. Project Status: Property acquisition began in 2001 and is still ongoing. As properties are acquired through tax title sales, purchases funded with hazard mitigation, habitat restoration grants, and FCZD funding, structures are removed and native vegetation is planted. All acquisitions are voluntary and the project is ongoing as current property owners decide to sell their properties. Estimated project cost includes some funding for cleanup of up to four former gas stations, though the exact nature of the work is still undefined. Total Estimated Project Cost: $3,500,000 Expenditures to Date: $970,000 332 15 Whatcom County Public Works — Surface Water Division Project Narrative Canyon Creek Restoration Database ID No. 07-133 Construction Funding Year(s): 2009, 2013 - 2014 Project Narrative: Acquire high -risk properties on Canyon Creek alluvial fan, setback existing levee to edge of active alluvial fan and construct 23 engineered log jams (ELJ's) to restore habitat and improve reliability of flood protection. Project Status: Property acquisition complete. Phase 1 removed the lower 520 feet of levee in 2009. Setback of the rest of the levee and construction of 12 ELJ's underway in 2013. Construction of additional 11 ELJ's is scheduled for 2014 construction with planting occurring in 2015. Total Estimated Project Cost: $5,640,000 Expenditures to Date: $5,620,000 16 333 Whatcom County Public Works — Surface Water Division Project Narrative Deming Levee Improvement Project Database ID No. 07-106 Construction Funding Year(s): 2016 Project Narrative: Realign and improve low-lying berm at upstream end of Deming levee to increase level of flood protection to the Mt Baker School District and Nooksack Tribal facilities, and the town of Deming. Project Status: An alignment for the improved levee has been selected and detailed design is underway; potential impacts to wetlands will require mitigation; studies are being conducted to evaluate the extent of mitigation that will be required. Total Estimated Project Cost: $2,450,000 Expenditures to Date: $500,000 334 17 Whatcom County Public Works — Surface Water Division Project Narrative Jones Creek Debris Flow Protection Database ID No. 07-105 Construction Funding Year(s): 2017 - 2018 Project Narrative: Acquire residential properties in the high hazard area of the Jones Creek alluvial fan and construct setback deflection berm to route debris flows around the town of Acme. Project includes potential realignment and bridge improvements at Turkington Road. Project Status: Property acquisition began in 2005 and additional properties will need to be acquired. Preliminary design has been performed for the deflection berm and alternatives are currently being evaluated for Turkington Road. Construction costs will be estimated once a final alternative is selected. Total Estimated Design and RW Cost: $1,930,000 Expenditures to Date: $730,000 18 335 zap sxJf� yy. ...a,. � � ®� © \/\\\«'\ V"SA .mod . Whatcom County Public Works — Surface Water Division Project Narrative High Creek Database ID No. 07-125 Construction Funding Year(s): 2014 - 2015 Project Narrative: High Creek flooding damaged nearby homes and closed Mount Baker Highway in the mid-1990's. A legal settlement resulting from that event directs Whatcom County to prepare a creek management plan. Sediment management in the watershed including the 3400 feet of County owned right of way east of Kendall Creek will be an important plan element along with fish habitat mitigation. State permits for future maintenance dredging are dependent on management plan completion. Project Status: Background materials have been collected and analyzed by staff. A consultant has been hired to review the existing information, gather supplemental data, evaluate alternatives, recommend a preferred option, assist with public outreach, and present financing recommendations. An interim project is planned for later summer/fall 2014 to remove accumulated sediment in the reach from the SR 542 bridge westward to the Kendall Creek floodplain to maintain winter flood conveyance. Cost estimate includes placeholder for construction of improvements that are recommended by the management plan. Total Estimated Project Cost: $850,000 Expenditures to Date: $200,000 20 337 Whatcom County Public Works — Surface Water Division Project Narrative Sediment Management Pilot Project Database ID No. 07-265 Construction Funding Year(s): TBD Project Narrative: The Lower Nooksack River Comprehensive Flood Hazard Management Plan includes sediment management as one of the components in the recommended plan. A pilot sediment removal project has been developed to evaluate the feasibility of removing gravel from the river and to improve the science associated with gravel removal to support the development of an overall sediment management strategy. Project Status: A preliminary design has been developed for a small-scale removal project near Nolte Road. The proposal was evaluated to determine the permitting process that will be required under the State Environmental Policy Act (SEPA) and what additional information will be required to permit the project. Based on the feedback received, the FCZD is pursuing an investigation through the United States Geological Survey as part of the update to the comprehensive flood hazard management plan. Total Estimated Project Cost: TBD Expenditures to Date: $150,000 22 338 Whatcom County Public Works — Surface Water Division Project Narrative Squalicum Creek Levee Database ID No.: 13-009 Construction Funding Year(s): 2015 Project Narrative: A structural flood control facility is required along the Orchard Street Extension/Bay to Baker Trail alignment between Birchwood Avenue and 1-5. A levee is required to ensure adequate protection of the future street, trail, and other public and private facilities adjacent to Squalicum Creek. The levee must be completed before Squalicum Creek can be re-routed in late 2015, making way for trail and street construction in 2017 and beyond. Project Status: The project is being developed and implemented by the City of Bellingham and is currently in the design and permitting phase. The total project cost includes the cost to reroute Squalicum Creek. Total Estimated Project Cost: $2,400,000 FCZD Cost -Share: $800,000 �� Whatcom County Public Works — Surface Water Division Project Narrative Emergency/New Projects Database ID No. 08-003 Construction Funding Year(s): 2015 - 2020 Project Narrative: This item provides funding to address unanticipated projects resulting from new damage to flood control facilities. Project Status: Design and construction to occur as necessary. Total Estimated Project Cost: $300,000 Expenditures to Date: N/A Due to the nature of this item, no map exists. Board of Supervisors review and prioritization will be sought at the appropriate time. 23 340 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2014-298 Clearances Initial Date Date Received In Council Qffice Agenda Date Assigned To: Originator: Andrew Hester i -1-1 i i F", 9-16-14 Council - Introduction Division Read: Paula Cooper h 9-114 9-30-14 Council - Hearing Dept. Head: AWL Frank Abart WHINTCU',A C.MNTY C, 0 U N Gi 1- Prosecutor: Dan Gibson 0-1 PurchasinglBudget: - Executive: r TITLE OF DO .-��Resolution Declaring the Whatcom County Flood Control Zone District Intention to Learse4toperty on River Road ATTACHMENTS. 1. Cover Memo 2. Resolution 3. Map SEPA review required? ( )Yes (X) NO Should Clerk schedule a hearing ? (X) Yes NO SEPA review completed? ( ) Yes ( ) NO Requested Date: S UMMA R Y STA TEMENT OR LEGAL NOTICE LANGUAGE. In accordance with RCW 36.34, the Whatcom County Flood Control Zone District (FCZD) intends to lease the property located on River Road for agricultural use. The FCZD Board of Supervisors will act on a resolution to lease the land to the highest responsible bidder who can demonstrate their ability to comply with the conditions for use described in the resolution. If the resolution is approved, bids will be received at the River and Flood office located at 322 N. Commercial Street, Suite 120, until 2:00 pm. on October 30, 2014. COMMITTEE ACTION. COUNCIL A CTION,• 9/16/2014: Introduced 7-0, Council acting as FCZDBS, Proposed Public Hearing for 9/30/14 Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.waus/counciL 341 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR M E M O R A N D U M CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 676-6876 FAX: (360) 738-2468 www. whatcomcounty.us SEP 4- 2014 To: The Honorable Jack Louws, Whatcom County Executive, and JACK LOUWS The Honorable Members of the Whatcom County Council COUNTY EXECUTIVE Through: Frank M. Abart, Director 1 + From: Andrew Hester, Public Works Real Estate Coordinator 1 Date: September 3, 2014 Re: Leasing of Whatcom County Flood Control Zone Property Enclosed is a resolution declaring the intent of the Whatcom County Flood Control Zone District (FCZD) to lease property located on River Road for agricultural purposes, subject to a public hearing. Requested Action Public Works respectfully requests that the FCZD Board of Supervisors hold a public hearing and take action on the proposed resolution to lease the property for agricultural purposes, and authorize the Whatcom County Executive to execute a lease agreement with the highest responsible bidder that can demonstrate their ability to comply with the conditions contained in the resolution. Background and Purpose The FCZD acquired the property from the Washington State Department of Natural Resources in 2008. The property was leased at that time and the FCZD became the lessor of that lease. The lease is set to expire on November 30, 2014. Whatcom County Public Works is supportive of continuing to lease the property for agricultural purposes as long as it is subject to the limitations described in the attached resolution. Resolution and Bid Process Should the Board of Supervisors approve the proposed resolution to lease the property, bids will be received at the Public Works River & Flood Division office until 2:00 pm on October 30, 2014, at which time they will be opened. The highest responsible bidder who can demonstrate their ability to comply with the limitations on use will be awarded the lease. Please contact me at extension 50571 or Paula Cooper at 50625 if you have any questions or concerns regarding the terms of this resolution. Encl. 342 I SPONSORED BY: 2 PROPOSED BY: Public Works 3 INTRODUCTION DATE: 4 5 RESOLUTION NO. 6 7 A RESOLUTION DECLARING THE WHATCOM COUNTY FLOOD CONTROL 8 ZONE DISTRICT INTENTION TO LEASE PROPERTY ON RIVER ROAD 9 10 WHEREAS, the Whatcom County Flood Control Zone District (FCZD) owns property 11 located on River Road, which was purchased from the Washington State Department of 12 Natural Resources in 2008; and 13 WHEREAS, at the time the property was purchased, the property was leased and FCZD 14 became the lessor of that lease; and 15 WHEREAS, the lease expires on November 30, 2014; and 16 WHEREAS, Whatcom County Public Works is supportive of continuing to lease the 17 property for agricultural purposes; and 18 WHEREAS, in accordance with RCW 86.15.080, a FCZD may lease surplus lands in a 19 manner consistent with RCW 36.34; and 20 WHEREAS, it has been determined that the fair market rental value of the property should 21 not be less than $2,800 per year, plus applicable leasehold tax; and 22 NOW, THEREFORE, BE IT RESOLVED that it is the intention of the FCZD Board of 23 Supervisors to lease the following property described in Exhibit A for a minimum of 24 $2,800 per year, plus leasehold tax, 25 SUBJECT TO the conditions described in Exhibit B. 26 BE IT FURTHER RESOLVED that sealed bids for lease of this property shall be received 27 at the Whatcom County Public Works River and Flood Division office located at 322 N. 28 Commercial Street, Suite 120, no later than 2:00 pm on October 30th; said bids will be 29 opened at that time. 30 BE IT FURTHER RESOLVED that the Board of Supervisors authorizes the County 31 Executive to act on its behalf in executing a lease agreement with the highest responsible 32 bidder that can demonstrate his/her ability to comply with the conditions set forth in 33 Exhibit B. M1 I BE IT FURTHER RESOLVED that if no lease is fully executed within six months from 2 the date of the passage of this Resolution, the authorization to lease shall be withdrawn. 3 4 APPROVED this day of 92014 5 6 ATTEST: 7 8 9 Dana Brown -Davis, County Clerk 10 11 12 APPROVED AS TO FORM: 13 14 � � 15 Daniel Gibson 16 Chief Civil Deputy Prosecutor 17 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS WHATCOM COUNTY, WASHINGTON Carl Weimer, Chair 344 EXHIBIT A 2 3 Whatcom County Tax Parcel Number 400236 190361 0000 4 5 Government Lot 6 of Section 36, Township 40 North, Range 2 East, 6 Willamette Meridian, Whatcom County, Washington. 7 8 OR I EXHIBIT B 2 LIMITATIONS ON USE: 3 1. No fill can be brought into the property. Minor land grading of the property to make it 4 level and farmable is permissible. 5 2. No structures can be constructed on the property. 6 3. Only grasses or annual crops are allowed, with winter cover crop required if annual 7 crop is used. 8 4. Grazing of animals on the property is not allowed. 9 5. Farmer must have a current farm plan following current NRCS standards and 10 specifications (may be applied for when all the parties sign the lease). 11 6. Application of commercial fertilizer and manure are allowed only if they are included 12 in the farm plan and application methods and timing are in accordance with that plan. 13 7. All activities, including application of manure, must be done in accordance with all 14 applicable federal, state and local rules and regulations. 15 Lease Term: The maximum term of the lease is 5 years. 16 Bid Response: Bidders should submit the following information as part of their bid response: 17 1. Bid amount for annual rental of land. Do not include leasehold tax in your bid amount, 18 as it will be calculated and applied separately upon the successful bid amount. 19 2. A statement of your understanding of the scope of the lease and the steps necessary to 20 farm the land. 21 3. A brief outline of how you propose to manage the farmland if awarded the lease and a 22 timetable for your farm plan. 23 4. Describe your ability to obtain insurance for your leasing for this project. Proof of 24 insurance must be provided prior to final execution of the lease agreement. Insurance 25 must include the following minimum coverages: 26 a. General liability coverage $1,000,000 per occurrence 27 b. Workers Compensation Coverage as required by the Industrial Insurance laws of the 28 State of Washington. 346 26 25 BEF 35 I be" 35 2 � 348 TOWNSHIP 40 I i RANGE 4 2E i f � SECTION 36 MAP NO. 01 i I i SCALE i r�=400� DATE 315162 III DE tl 28 2010 i 1 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-294 CLEARANCES Initial Date fice Date Received in Council Qf Agenda Date Assigned to: PW Committee/ Originator: JPR 91312014 911612014 Introduction Public Hearing/ Division Head: JPR 91312014 sC5 913012014 Adoption Dept. Head: 6'1 �� Prosecutor: /a oq 1 Qt l N f' s e 9&e Purchasing/Budget: A 4 ' gp p CO ��$.FL/� O F$� �� Executive: 6Resolution TITLE OF DOCUMEN . N in the matter of the iOatcom County Six -Year Transportation Improvement Program for the years 2015 through 2020 ATTACHMENTS: 1. Memo to County Executive and Council Attachment "A"— 2015-2020 Capital Project Priority Order and Financial Distribution by Year Attachment "Al-A58" —Project Summary Sheets Attachment "BI-B4"- Road Fund Balance, Revenue, Expenditure, and Capital Funding Projections Attachment "C" — Roadway Priority Rating Program Attachment "D" —Bridge Report 2. 2015-2020 Six Year Transportation Improvement Program Resolution Exhibit "A"— 2015-2020 Six -Year Transportation Improvement Program Exhibit "B"- 2015-2028 Fourteen -Year Ferry Capital Program SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: 913012014 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Each year the County is required to update its Six -Year Transportation Improvement Program (STIP), per RCW 35.77.010 and RCW 36.81.121. The STIP includes the capital elements of the first six years of the Fourteen -Year Ferry Program. The STIP is intended as a planning tool for local, state and federally funded projects and is designed to identify projects for preliminary engineering, right-of-way purchase and/or construction. COMMITTEE ACTION.• COUNCIL ACTION: 9/16/2014: Discussed in Public Works Committee 9/16/2014: Introduced 7-0, Proposed Public Hearing for 9/30/14 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. J,F U WHATCOM COUNTY JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT rPoM c°�Z� County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Bellingham, WA 982254042 Frank M. Abart or Phone: (360) 715-7450 Director 9sNiN�� Fax: (360) 715-7451 Memo To: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council RECEIVED Through: Frank M. Abart, Director S EP 4 -. 2014 From: Joseph P. Rutan, P.E., County Engineer/Assistant Directo `- JACK LOUWS COUNTY EXECUTIVE Date: September 3, 2014 Re: Six -Year Transportation Improvement Program, 2015-2020 PW Committee Work Session, Introduction, Public Hearing and Adoption Requested Action: The Department of Public Works requests that a Council Public Works Committee work session be scheduled for September 16th, for discussion of the information attached to this memorandum regarding the 2015-2020 Six -Year Transportation Improvement Program (STIP). If approved by the Committee we request that the STIP Resolution and its associated exhibits, 2015-2020 Six -Year Transportation Improvement Program and 2015-2028 Fourteen -Year Ferry Capital Program, be introduced at that evenings County Council meeting. We then request that a public hearing be advertised for and held at the September 30th County Council meeting, with the resolution potentially adopted at said meeting. Background and Purpose: Each year the County is required to update its Six -Year Transportation Improvement Program, per RCW 35.77.010 and RCW 36.81.121. The County is also required to prepare a Fourteen -Year Ferry Capital Program each year per RCW 36.54.015. The STIP includes the capital elements of the first six years of the Fourteen -Year Ferry Capital Program which is Exhibit "B" of the resolution. Information: 1- Memorandum to County Executive and Council Attachment "A" - 2015-2020 Capital Projects Financial Distribution by Year Attachment "AI-A58" — Project Summary Sheets Attachment "B1"- Road Fund Balance Projections Attachment "B2"- Road Fund Revenue Projections Attachment "B3"- Road Fund Expenditure Projections Attachment "64" — Funds Available for Capital Projects Attachment "C" - Roadway Priority Rating Program Attachment "D" - Bridge Report Attachment "A" is a simplified form of Exhibit "A" to the STIP. This simplified form shows priority order of proposed projects as well as expenditures by year. This is being provided in order to facilitate the Public Works Committee work session. 2- 2015-2020 Six Year Transportation Improvement Program Resolution Exhibit "A"- 2015-2020 Six -Year Transportation Improvement Program Exhibit "B"- 2015-2028 Fourteen -Year Ferry Capital Program 350 2015-2020 Six Year Transporation Improvement Program Financial Distribution by Year 913/2014 Attachment A Project Name Total 2015-2020 Total Local 2015-2020 Total Grant 2015 -2020 2015 2016 2017 2018 2019 2020 1 Birch Bay Lynden/Portal Way $150 $50 $100 $150 $0 $0 $0 $0 $0 2 Birch Bay Dr. & Ped Facility $11,450 $10,450 $1,000 $1,200 $2,000 $8,250 $0 $0 $0 3 jBirch Bay Dr. Embankment Repair $250 $250 $0 $250 $0 $0 $0 $0 $0 4 Lake Whatcom Blvd Re -Surfacing, Cable to Strav $1,500 $1,500 $0 $1,500 $0 $0 $0 $0 $0 5 Lake Whatcom Blvd Water Quality Improvemetn $250 $250 $0 $50 $200 $0 $0 $0 $0 6 Slater Rd/Northwest Rd $250 $250 $0 $50 $200 $0 $0 $0 $0 7 Roadway Frost Depth Detectors $250 $250 $0 $50 $200 $0 $0 $0 $0 8 Lummi View Embankment Repair $30 $30 $0 $30 $0 $0 $0 $0 $0 9 North Shore Road $10 $10 $0 $0 $0 $0 $10 1 0 $0 10 Lummi Nation Transporation Projects $4,000 $4,000 $0 $4,000 $0 $0 $0 $0 $0 11 Pt Roberts Trans Impr $1,000 $1,000 $0 $150 $150 $700 $0 $0 $0 12 E. Smith Rd, Everson Goshen to SR542 $5 $5 $0 $0 $0 $0 $0 $5 $0 13 Slater Rd Intersections $2,640 $1,640 $1,000 $2,590 $50 $0 $0 $0 $0 14 E. Smith Rd/Hannegan Rd $500 $500 $0 $100 $400 $0 $0 $0 $0 15 iSlater Rd Connector $50 $50 $0 $50 $0 1 $0 $0 $0 $0 16 Slater Rd/1-5 Interchange $5 $5 $0 $0 $0 $0 $0 1 0 $5 17 Hannegan Rd, City Limits to Van Wyke $2,000 $2,000 $0 $2,000 $0 $0 $0 1 0 $0 18 Enterprise, Portal to Harksell $1,000 $100 $900 $5 $5 $990 $0 1 0 $0 19 West Badger, Sunrise to Markworth $5 $5 $0 $0 $0 $5 $0 1 0 $0 20 Portal Way, Birch Bay Lynden to Faris $5 $5 $0 $0 $0 $0 $5 1 0 $0 21 Horton Road Connector $5 $5 $0 $0 $5 $0 $0 $0 $0 22 Marine Dr/BNSF Trail $250 $250 $0 $50 $200 $0 $0 $0 $0 23 Turkington Road/Jones Creek $500 $500 $0 $300 $200 $0 $0 $0 $0 24 Lincoln Rd II $5 $5 $0 $0 $0 $0 $0 $5 $0 25 Marine Drive, McAplpine to Alderwood $5 $5 $0 $0 $0 $0 $5 $0 $0 26 Marine Drive II, Alderwood to Brg 172 $5 $5 $0 $0 $0 $0 $0 $0 $5 27 Innis Creek Road, Raise Roadway $50 $50 $0 $50 $0 $0 $0 $0 $0 28 Larrabee Rd Fish Passage/Stream $5 $5 $0 $0 $0 $0 $0 $0 $5 29 County Roadway Safety Program $750 $70 $680 $750 $0 $0 $0 $0 $0 30 Potter Road/ S. Fork Br No.148 $5,900 $1,180 $4,720 $5,800 $100 $0 $0 $0 $0 31 Slater Rd/ Nooksack Brdg 512 Painting $1,700 $0 $1,700 $1,700 $0 $0 $0 $0 $0 32 Marine Dr/Squal Crk Br No.1 $20 $20 $0 $20 $0 $0 $0 $0 $0 33 Hannegan Rd Brdge No.252 $240 $20 $220 $240 $0 $0 $0 $0 $0 34 S. Pass Rd./ Sarr Crk Br No.212 $775 $775 $0 $50 $725 $0 $0 $0 $0 35 Portal Way/Dakota Crk Br No.500 $2,700 $0 $2,700 $2,700 $0 $0 $0 $0 $0 36 Jackson Rd/Terre[ Crk Br No.81 $5 $5 $0 $0 $0 $0 $0 $5 $0 37 Mosquito Lk Rd/Porter Crk Br No.141 $5 $5 $0 $0 $0 $0 $0 $0 $5 38 N. Lake Samish Brdg No. 107 $50 $50 $0 $50 $0 $0 $0 $0 $0 39 Hannegan Rd Brdg 236 $25 $25 $0 $25 $0 $0 $0 $0 $0 40 Roberts Road/Anderson Cr. Br. No. 249 $20 $20 $0 $0 $0 $0 $20 $0 $0 41 Massey Rd/Sumas Rvr Br. No. 291 $40 $40 $0 $20 $20 $0 1 $0 $0 $0 42 Mosquito Lk Rd/N. Fork Nooksack Br 332 $20 $20 $0 $20 $0 $0 $0 $0 $0 43 W Badger/Bertrand Crk Br No. 50 $20 1 $20 $0 $0 $20 $0 $0 $0 $0 44 Goshen Rd/Anderson Crk Br No. 248 $20 1 $20 $0 $0 $20 $0 $0 $0 $0 45 Slater Rd/ Nooksack Brdg 512 Over Height Detec $30 $30 $0 $30 $0 $0 $0 $0 $0 351 Project Name Total 2015-2020 Total Local 2015-2020 Total Grant 2015-2020 2015 2016 2017 2018 2019 2020 46 IFerry Upgrade/Refurbish $5 $5 $0 $5 $0 $0 $0 $0 $0 47 Dock Improvements $2,000 $2,000 $0 $150 $1,500 $50 $300 $0 $0 48 Replace Whatcom Chief $10 $10 $0 $0 $0 $10 $0 $0 $0 49 Various Bridge Rehab $1,800 $1,800 $0 $300 $300 $300 $300 $300 $300 50 Subdivision Overlay $500 $500 $0 $0 $0 $0 $0 $500 $0 51 Structural Overlay $1,200 $1,200 $0 $0 $0 $300 $300 $300 $300 52 R/W Acquisition $180 $180 $0 $50 $50 $20 $20 $20 $20 53 Unanticipated Site Improvements $1,800 $1,800 $0 $300 $300 $300 $300 $300 $300 54 Stormwater Quality Improvements $550 $550 $0 $100 $50 $150 $50 $150 $50 55 Non Motorized $600 $600 $0 $100 $100 $100 $100 $100 $100 56 Fish Passage $1,500 $1,500 $0 $100 $400 $100 $400 $100 $400 57 RR Xing Improvements $120 $120 $0 $20 $20 $20 $20 $20 , 2 58 Neighborhood Traffic Calming $300 $300 $0 $50 $50 $50 $50 $50 $50 Year Total 49,060 36,040 13,020 27,170 9,281 13,362 3,898 3,874 3,580 352 Whatcom County Public Works Attachments Al -A58 Project Narrative Birch Bay Lynden Road/Portal Way Signalization CRP #901011 Construction Funding Year(s): _ 2014 / 2015 Project Narrative: This project is located south of Blaine and west of 1-5, in Section 22, T40N, R1 E. Proposed improvements include signalization, channelization and illumination of the intersection with minor changes to the vertical and horizontal alignment. Stormwater treatment and detention will also be implemented into this project. This project is listed #1 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: The project is near substantial completion in September 2014. Physical completion in early 2015, after wetland mitigation planting is completed Total Estimated Project Cost: $4,300,000 Expenditures to Date: $3,400,000 Funding Sources: Federal $3,250,000 STP(R) State $ 750,000 RAP Local $ 300,000 Environmental Permitting SEPA, Corps of Engrs, CLR/CAO, HPA Right -of -Way Acquisition (Estimate) Complete County Forces (Estimate) N/A 353 Whatcom County Public Works Project Narrative Birch Bay Drive and Pedestrian Facility CRP #907001 Construction Funding Year(s): 2016 / 2017 Project Narrative: This project is located parallel to Birch Bay Drive from Cedar Avenue to the mouth of Terrell Creek, in Sections 30 and 31, T40N, R1 E, and Sections 24 and 25, T40N, R1 W. This is a 1.58 mile separated berm with pathway to encourage pedestrian use along Birch Bay Drive to support safety and to protect the roadway from storm damage. In addition, the project will provide mitigation for both beach erosion and roadway protection. This project is listed #2 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Phase I of the Feasibility Study was completed in 2006. Phase 2A (Preliminary Construction Cost Estimate) was completed in 2007, and updated in spring of 2013. Preliminary Enginnering began in late 2013, RW acquition will begin in 2014/2015 and construction in 2016/2017. Additional funding sources will be pursued as they become available. Total Estimated Project Cost: $11,450,000 Expenditures to Date: $400,000 Funding Sources: Federal $1,562,105 (STP) State $0 Local $9,887,895 Environmental Permitting Whatcom County -Shorelines; WDFW-HPA, Army Corps of Engineers, DOE; Sec 404 Clean Water Act Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A M N NTS erg Rd.. 3 CL Whatcom County Public Works Project Narrative Birch Bay Drive, Embankment Repair CRP # Not Assigned Construction Funding Year(s): 2015 Project Narrative: This project is an embankment repair near Lora Lane in Section 30-31 of T40N, R1 E. This project is listed #3 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Total Estimated Project Cost: $ 250,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $250,000 (STIP 2015) Environmental Permitting HPA, SEPA, County Shorelines, ACOE Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) $200,000 355 Whatcom County Public Works Project Narrative Lake Whatcom Boulevard, Phase I Re -surfacing CRP #913002 Construction Funding Year(s): 2015 Project Narrative: This project is located approximately 1 mile east of Bellingham, in Sections 35 and 36, T38N, R3E. The work will involve roadway improvements to a 1.6 mile section of Lk Whatcom Blvd between Cable Street and Strawberry Point, including: pavement rehabilitation down to subgrade, upgrades to pavement markings and signage. This project is listed #4 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Survey work and design will begin in 2014. Construction time frame will be 2015. Total Estimated Project Cost: $1,500,000 Expenditures to Date: $ 15,000 Funding Sources: Federal $0 State $0 Local $1,500,000 Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) $10,000 356 Whatcom County Public Works Project Narrative Lake Whatcom Boulevard, Phase II Water Quality Improvements CRP # Not Assigned Construction Funding Years): TBD Project Narrative: This project is located approximately 1 mile east of Bellingham, in Sections 35 and 36, T38N, R3E. The work will involve drainage improvements to a 1.6 mile section of Lk Whatcom Blvd between Cable Street and Strawberry Point, addressing stormwater quality issues. This project is listed #5 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Survey work with associated base map and R/W research will begin in 2014. Preliminary design will be initiated to evaluate R/W needs, permit requirements and overall project costs. Construction time frame will be contingent on addressing funding needs along with resolution of permitting and R/W issues. Total Estimated Project Cost: $ TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $250,000 (Grant funding will be sought) Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) $50,000 357 Whatcom County Public Works Project Narrative Slater Road and Northwest Drive CRP # 914001 Construction Funding Year(s): TBD Project Narrative: The intersection of Slater and Northwest Roads is in Section 2 of T38N, R2E. This three-legged intersection currently experiences delays due to the lack of channelization and stop control for left -turn movements. The first phase of this project is to analyze a range of intersection improvements with their associated benefits, limitations and costs. This project is listed #6 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Traffic counts and warrants completed. Alternatives analysis in 2014. Design, permitting, R/W and construction time frames would be contingent on alternative(s) chosen. Total Estimated Project Cost: $ TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $250,000 (STIP 2015) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Smith k4 358 Whatcom County Public Works Project Narrative Roadway Frost Depth Detectors CRP # Not Assigned Construction Funding Year(s): 2016 Project Narrative: This item provides funding to address replacement of the County's aging network of roadway frost depth detectors. These detectors are critical for implementing appropriate roadway restrictions to prevent structural damage following periods of deep frost. It is listed #7 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Design initiated in 2014, with permitting and design completion in 2015. Construction scheduled for 2016. Total Estimated Project Cost: $250,000 Expenditures to Date: $0 Funding Sources: Federal $ State $ Local $250,000 (STIP 2015-2016) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this item, no map exists. Location of the new roadway frost depth detectors will be determined in 2015. �� Whatcom County Public Works Project Narrative Lummi View Drive Bank Stabilization CRP # 908001 Construction Funding Year(s): TBD Project Narrative: This project is located in Section 2,T37N, R1 E. This project is listed #8 on the 2015-2020 Six -Year Transportation Improvement Program. This project will consist of repair and stabilization of a ocean bluff failure that threatens a section of Lummi View Drive. Project Status: Survey and preliminary cost scoping to be performed in 2015. Total Estimated Project Cost: $ TBD Expenditures to Date: $2,500 Funding Sources: Federal $0 State $ Local $30,000 (STIP 2015) Environmental Permitting SEPA, CLR/CAO Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 360 Whatcom County Public Works Project Narrative North Shore Road Bellingham City Limits to Y Road CRP # 902007 Construction Funding Year(s): TBD Project Narrative: This project is located in Sections 25 and 26, T38N, R3E. The work will involve improvements to a 2.87 mile section of the North Shore Road from the Bellingham City Limits to 'Y' Road, including: various spot improvements to address horizontal and vertical alignment deficiencies; spot safety upgrades, and stormwater quality treatment. This project is listed #9 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Selection of spot improvement locations with associated survey work, base map preparation and R/W research will begin in 2014. Preliminary design and construction time frames will be contingent on resolution of funding needs, along with permitting and RAN issues associated with the selected sites. Total Estimated Project Cost: $4,500,000 Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $4,500,000 (Grant funding will be sought) Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 361 Whatcom County Public Works Project Narrative Lummi Nation Transportation Projects CRP #912017 Construction Funding Year(s): 2015 Project Narrative: The Lummi Nation Transportation Projects is located in Section 2, T37N, R1 E and Section 34, T38N, R1 E. This work, in fulfillment of the ferry lease obligation, involves the construction of transportation improvement projects in accordance with Exhibit C of the October 27, 2011 Uplands Lease Agreement for Lummi Island Ferry Use at Gooseberry Point. This project is listed #10 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Projects funds will be available for expenditure when funds of equal or greater value are matched by the Lummi Nation. Total Estimated Project Cost: $4,000,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $4,000,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Due to the nature of this item, no map exists. Location of the new transportation projects will be determined in 2015. 362 Whatcom County Public Works Project Narrative Point Roberts Transportation Improvements CRP # 910002 Construction Funding Year(s): 2015 / 2016 / 2017 Project Narrative: Point Roberts is located in T40N and T41 N, R3W. The proposed improvements would be specific to area needs and the development of projects to be funded by the Pt. Roberts Transportation Benefit District. This project is listed #11 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Public Works has assigned staff working with the Point Roberts Transportation Benefit District Advisory Committee to coordinate project evaluation and selection. Total Estimated Project Cost: $1,000,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $1,000,000 (STIP 2015-2020) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD. County Forces (Estimate) TBD Due to the nature of this item, no map exists. Location of the new transportation projects will be determined in 2015. 363 Whatcom County Public Works Project Narrative East Smith Road Everson -Goshen Road to SR 542 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This East Smith Road project is located between Everson -Goshen Road and State Route 542 in Section 25 of T39N, R3E and Sections 28, 29, 30 T39N, R4E. The work will involve the pavement rehabilitation of approximately 3.25 miles of roadway. This project is listed #12 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Design, permitting and construction to be completed by 2019. Total Estimated Project Cost: $1,875,000 Expenditures to Date: $0 Funding Sources: Federal State Local $5,000 (STIP 2015-2020) Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A 364 Whatcom County Public Works Project Narrative Slater Road Intersections Imhof Road to Ferndale Road CRP # 910003 Construction Funding Year(s): 2015/2016 Project Narrative: This Slater Road project is located between Imhoff Road and Ferndale Road in Sections 31 and 32 of T39N, R2E. The work involves the additions of turn lanes on Slater Road at Imhoff and Ferndale Roads, as well as widening the half mile roadway section between the intersections to current standards. This project is listed #13 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Design, permitting and R/W to begin in 2014 with construction to be completed in 2016. Total Estimated Project Cost: $2,640,000 Expenditures to Date: $ 250,000 Funding Sources: Federal $1,120,000 (STP) State $0 Local $1,520,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) $100,000 County Forces (Estimate) N/A 365 Whatcom County Public Works Project Narrative East Smith Road & Hannegan Road CRP # 914002 Construction Funding Year(s): 2015 / 2016 Project Narrative: The intersection of East Smith and Hannegan Roads is located in Sections 28, 29, 32 and 33, T39N, R3E.This project is listed #14 on the 2015-2020 Six -Year Transportation Improvement Program. This intersection currently experiences delays due to the lack of left -turn channelization on Smith Road. The first phase of this project is to analyze a range of solutions as well as their associated benefits, limitations, and costs. Project Status: Traffic counts and warrants completed. Alternatives analysis in 2014. Design, permitting, and construction time frames would be contingent on alternative(s) chosen Total Estimated Project Cost: $ Unknown Expenditures to Date: $10,000 Funding Sources: Federal State $ Local $500,000 (STIP 2015) Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A 366 Whatcom County Public Works Project Narrative Slater Road Connector Northwest Drive to SR 539 CRP # 914012 Construction Funding Year(s): TBD Project Narrative: This Slater Road Connector project is located between Northwest Drive and SR 539 in Sections 1 and 2 of T38N, R2E. The work involves the construction of a new roadway between Northwest and SR 539. This project is listed #15 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Design, permitting, R/W and construction would be contingent on the availability of additional grant monies coupled with traffic and development issues associated with the area. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $50,000 (STIP 2015) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 367 Whatcom County Public Works Project Narrative Slater Road 15 Interchange CRP # Not Assigned Construction Funding Year(s): 2018 Project Narrative: This project is located north of Bellingham in Section 3, T38N, R2E. This is a project is listed #16 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2018) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Whatcom County Public Works Project Narrative Hannegan Road Bellingham City Limits to Hemmi Road CRP # Not Assigned Construction Funding Year(s): 2015 Project Narrative: This Hannegan Road project is located between Bellingham City Limits and Hemmi Road in Sections 32, 5, 8, and 17 of T40N, RK and T39N, R3E. The work involves a structural/overlay of the roadway with rumble strips and new pavement markings for approximately 4.4 miles of roadway. This project is listed #17 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Total Estimated Project Cost: $2,000,000 Expenditures to Date: $ 10,000 Funding Sources: Federal $0 State Local . $ 2,000,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A .. k ice_ Lau el F"d- ... a P ... -._. .�� J mE Belr€nger CID 1^2d_�; — t �s Smith FZd_ s _ ` -17 I i; f i <5 Z Harmony Kelty "d_ ` s Huntte}r F=2d_ KUM� Ftd.s - w,, Van W,}rct. K �' VAI!�t,o1i/YCK t - , KINiG N Whatcom County Public Works Project Narrative North Enterprise Road Harksell Road to Birch Bay Lynden Road CRP # Not Assigned Construction Funding Year(s): 2017 Project Narrative: This North Enterprise Road project is located between Ferndale City Limits to Harksell Road in Sections 5 & 8 of T39N, R2E. The work involves the pavement rehabilitation of approximately 2 miles of roadway. This project is listed #18 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Total Estimated Project Cost: $1,000,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $900,000 (RAP) Local $100,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A P ch Bay[ Lynden .. I Wilte Lk- Rd e-M Rd ai'Frksell Rd 1'i r.._.. 370 Whatcom County Public Works Project Narrative West Badger Road Sunrise Road to Markworth Road CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This West Badger Road project is located between Sunrise Road and Markworth Road in Sections 8 and 9 of T40N, R2E. The work involves reconstruction of approximately 2 miles of roadway,'including realignment, widening, safety upgrades and water quality / quantity treatment. This project is listed #19 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Design, permitting and R/W could begin in 2016; however, the degree of project activity would be contingent on resolution of funding needs. A grant application has been submitted. Total Estimated Project Cost: $ TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2017) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 371 Whatcom County Public Works Project Narrative Portal Way Birch Bay Lynden Road to Faris Road CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This Portal Way project is located between Birch Bay Lynden Road and Faris Road in Sections 27, 35, and 36 of T40N, R1 E. The work involves pavement rehabilitation of 2.85 miles of roadway. This project is listed #20 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Design, permitting and construction would be contingent on the resolution of additional funding needs. A Grant application has been submitted. Total Estimated Project Cost: $ TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2018) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A 372 Whatcom County Public Works Project Narrative Horton Road Connector Northwest Drive to Aldrich Road CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This Horton Road Connector project is located between Northwest Drive and Aldrich Road in Section 2 of T38N, R2E. The work involves a'/z mile of new roadway alignment, along with all the associated permitting, storm water and R/W issues. This project is listed #21 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Design, permitting, R/W and construction would be contingent on the availability of additional grant monies coupled with traffic and development issues associated with the area. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2016) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 373 Whatcom County Public Works Project Narrative Marine Drive/BNSF Trail CRP # Not Assigned Construction Funding Year(s): 2016 Project Narrative: This project is located in Section 15 of T38N, R2E. The work involves establishing an agreement with BNSF to authorize and construct a non -motorized trail crossing. This project is listed #22 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Design, permitting, R/W and construction would be dependent on negotiations with BNSF regarding a new crossing. Total Estimated Project Cost: $250,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $250,000 (STIP 2015-2016) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 374 Whatcom County Public Works Project Narrative Turkington Road/Jones Creek CRP # Not Assigned Yet Construction Funding Year(s): TBD Project Narrative: This project is located in Sections 7, T37N, RSE. This work involves completing design of road and bridge modifications in this area in coordination with the debris flow berm project being developed by the River and Flood Division. The project is listed #23 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Alternate analysis work is underway by the River & Flood Division. Total Estimated Project Cost: $TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $500,000 (2015-2016 STIP - PE) Environmental Permitting BA, HPA, SEPA, Corps of Engrs, CLR/CAO, Shorelines, DNR Right -of -Way Acquisition (Estimate) $50,000 County Forces (Estimate) N/A ACME { N NTS 3 BLUE M N. 375 Whatcom County Public Works Project Narrative Lincoln Road 11 Harborview Road to SR 548(Blaine Road) Reconstruction and New Alignment CRP # 908011 Construction Funding Year(s)' TBD Project Narrative: This Lincoln Road project, from Harborview Road to SR 548 (Blaine Rd), is located in Sections 18 and 19 of T40N, R1 E. The work involves improvements to a 1 mile section that includes road reconstruction, new roadway alignment, safety upgrades, and storm water quality and quantity treatment. This project is listed #24 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Design, permitting, R/W and construction time frames would be contingent on availability of addition grant monies to fund the project, as well as resolution of some key acquisition, WSDOT access and wetland mitigation issues. Total Estimated Project Cost: $TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2019) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A go* P T Uncoln Ir 0 Rui IN I''l M Lien Rid 376 Whatcom County Public Works Project Narrative Marine Drive McAlpine Road to Alderwood Avenue Reconstruction and Bike/Ped Facilities CRP # Not Assigned Construction Funding Year(s): "'TBD Project Narrative: This Marine Drive project is located between McAlpine Road and Alderwood Avenue in Section 15 of T38N, R2E. The work involves reconstruction of approximately'/2 mile of roadway with emphasis on bike/pedestrian enhancements. This project is listed #25 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Design, permitting, R/W and construction time frames would be contingent on availability of addition grant monies to fund the project. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2018) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 377 Whatcom County Public Works Narrative Marine Drive II Alderwood Avenue to Bridge No. 172 Reconstruction and Bike/Ped Facilities CRP # Not Construction Funding Year(s): TBD Project Narrative: This Marine Drive project is located between Alderwood Avenue and Bridge No. 172 in Sections 15 of T38N, R2E. The work involves reconstruction of approximately ''Y2 mile of roadway with emphasis on bike/pedestrian enhancements. This project is listed #26 on the 2015-2020 Six -Year Transportation Improvement Program. Project Status: Design, permitting, R/W and construction time frames would be contingent on availability of addition grant monies to fund the project. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2019) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 378 Whatcom County Public Works Project Narrative Innis Creek Road CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located northeast of Wickersham in Section 29, T37N, R5E. The work involves raising a quarter mile section of Innis Creek Road to mitigate flooding issues. This project is listed #27 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2015. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $50,000 (STIP 2015) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 379 Whatcom County Public Works Project Narrative Larrabee Road Flood Prevention and Stream Restoration CRP # 914003 Construction Funding Year(s): TBD Project Narrative: This project is located near the Bellingham city limits in Section 11, T38N, R2E. This is a project to provide fish passage, restore habitat, and reduce chronic flooding along a tributary to Bear Creek. This project is listed #28 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Project site is monitored routinely. Project scoping and design scheduled to begin in 2014 pending results of the ongoing monitoring program. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $ State $ Local $5,000 (STIP 2019) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Ax WIN if L k.%elo Bellingham ntl Akpoft Courtry Ln. s NTS 13 0 Whatcom County Public Works Project Narrative _ County Roadway Safety Program CRP # Not Assigned Construction Funding Year(s): 2015 Project Narrative: This project was the result of a Federal Safety Initiative to reduce fatalities and serious injury collisions on county roadways throughtout the state. Whatcom County's grant addresses safety concerns through signage, rumble strips, and high friction surface treatments. This project is #29 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Design and construction in 2015. Total Estimated Project Cost: $ 750,000 Expenditures to Date: $ 0 Funding Sources: Federal $600,000 State $0 Local $150,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. Whatcom County Public Works Project Narrative Potter Road South Fork Bridge No. 148 Replacement CRP #998027 Construction Funding Year(s): 2015 / 2016 Project Narrative: This bridge replacement project is located in Sections 17 & 18, T38N, RSE. The existing single -lane bridge (14.5' wide & 243' in length) is Structurally Deficient and Functionally Obsolete. The replacement structure is a 360' two -span, pre- stressed and post -tensioned concrete girder bridge. Access will be maintained throughout construction as this is the only public access to the residential, agricultural and tribal community west of the river. The project is listed #30 on the 2015- 2020 Six -Year Transportation Improvement Program, and has a project -based budget. Project Status: Construction began in May 2014, and is approximately 50% complete. It is expected that construction will be completed in late 2015 or early 2016. Total Estimated Project Cost: $9,600,000 Expenditures to Date: $3,850,000 (thru 2014) Funding Sources: Federal $7,074,000 BRAC State $0 Local $1,814,000 Environmental Permitting BA, HPA, SEPA, Corps of Engrs, CLR/CAO, Shorelines, DNR Right -of -Way Acquisition (Estimate) Complete County Forces (Estimate) N/A 382 Whatcom County Public Works Project Narrative Slater Road / Nooksack River Bridge No. 512 Painting CRP # 913005 Construction Funding Year(s): 2015 Project Narrative: This project is located on Slater Road at the Nooksack River in Section 6, T38N, R2E. This is a painting project to sandblast and repaint the 1957 steel truss bridge. The project is listed #31 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: The project was awarded BRAC funding in 2013. Construction scheduled to begin in 2015. Total Estimated Project Cost: $1,810,000 Expenditures to Date: $ 110,000 Funding Sources: Federal $1,700,000 (BR) State $0 Local $0 Environmental Permitting HPA, NEPA, County Shorelines Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A etffi Av- Lo t Lk - Whatcom County Public Works Project Narrative Marine Drive / Little Squalicum Creek - Bridge No. 1 Rehabilitation CRP #910017 Construction Funding Year(s): TBD - Project Narrative: This project is located near the Bellingham city limits in Section 8, T38N, R2E. This is a rehabilitation project to replace the bridge deck, strengthen the girders and cross beams, and remove the existing load restrictions on the bridge. The project is listed #32 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: The project was submitted for BRAC funding in May 2012. Construction pending acquisition of BRAC funds. Total Estimated Project Cost: $3,000,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $20,000 (STIP 2015) Environmental Permitting HPA, NEPA Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A go Whatcom County Public Works Project Narrative Hannegan Road / Nooksack River - Bridge No. 252 Scour Mitigation CRP #911002 Construction Funding Year(s): 2015 Project Narrative: This project is located just south of the Lynden city limits in Section 20, T40N, R3E. This is a rehabilitation project to mitigate scour on the existing bridge. This project is listed #33 on the 2015-2020 Six Year Transportation Program. Project Status: BRAC funding acquired. Design and permitting underway, construction scheduled for 2015. Total Estimated Project Cost: $274,000 Expenditures to Date: $ 40,000 Funding Sources: Federal $220,000 (BR) State $ Local $ 20,000 (STIP 2015) Environmental Permitting HPA, SEPA, SEC 404, NEPA, County Shorelines Right -of -Way Acquisition (Estimate) $29,000 (Temporary construction access easement) County Forces (Estimate) None i:" Whatcom County Public Works Project Narrative South Pass Road / Saar Creek - Bridge No. 212 Replacement CRP #911004 Construction Funding Year(s): 2016 Project Narrative:- This project is located southeast of Sumas in Section 17, T40N, R5E. This is a project to replace the existing 31 foot structurally deficient bridge with a 50 foot bridge. This project is listed as #34 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Design and permitting to be completed in 2015 with construction in 2016. Total Estimated Project Cost: $775,000 Expenditures to Date: $ 25,000 Funding Sources: Federal $ State $ Local $775,000 (STIP 2015 & 2016) Environmental Permitting HPA, SEPA, SEC 404, County Shorelines Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A HIJINiew Rd. INsh. . Res- in ... ' G �,1471- { ,.Vinaker Rd., RD MT ShA , cur j y / 0, TS ,rye$ .q'4Z 'J - _` , 7�V 'j r` t 1 ;, 1, sipm �jA q J.7 .,., J Whatcom County Public Works Project Narrative Portal Way / Dakota Creek - Bridge No. 500 Seismic Retrofit CRP #910001 Construction Funding Year(s): 2015 Project Narrative: This project is located south of Blaine in Section 8, T40N, R1 E. This is a seismic retrofit project to mitigate the risk of failure in the event of a seismic event. This project is listed #35 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Design is complete. BRAC funding acquired. Permitting is ongoing. Construction scheduled for 2015. Total Estimated Project Cost: $3,000,000 Expenditures to Date: $ 300,000 Funding Sources: Federal $2,700,000 (BR) State $0 Local $0 Environmental Permitting HPA, SEPA, SEC 404, NEPA, County Shorelines Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) None Whatcom County Public Works Project Narrative Jackson Road / Terrell Creek - Bridge No. 81 Replacement CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located near Birch Bay in Section 31, T40N, R1 W. This is a project to replace the existing 62-foot functionally obsolete bridge. This project is listed #36 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2019. Total Estimated Project Cost: $ TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2019) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) TBD Whatcom County Public Works Project Narrative Mosquito Lake Road / Porter Creek - Bridge No. 141 Replacement CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located south of Welcome in Section 11, T38N, R5E. This is a project to replace the existing 31-foot bridge in order to mitigate ongoing scour and debris issues. This project also affords an opportunity to address geometric issues that arose from the emergency realignment of Mosquito Lake Road in 2004. This project is listed #37 on the 2015- 2020 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2020. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2020) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Whatcom County Public Works Project Narrative N. Lake Samish Road Bridge No. 107 Rehabilitation CRP # 913006 Construction Funding Year(s): TBD Project Narrative: This project is located on Lake Samish in Section 27, T37N, R3E. This is a project to rehabilitate the deteriorating timber deck on the existing 250-foot bridge. This project is listed #38 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Design work to begin in 2015. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $50,000 (STIP 2015) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) TBD 390 Whatcom County Public Works Project Narrative Hannegan Road Bridge No. 236 Replacement CRP # 913007 Construction Funding Year(s): TBD Project Narrative: This project is located on Hannegan Road between Central and Ten Mile Roads in Section 16, T39N, R3E. This is a project to replace the last 31-foot channel beam bridge on the Hannegan Road. This old design is not suited for the volume of truck traffic present on the Hannegan Road. This project is listed #39 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Project design is complete. Construction funding will be sought once the design is complete. Work on environmental permitting and pursuing construction funding in 2015. Total Estimated Project Cost: TBD Expenditures to Date: $ 100,000 Funding Sources: Federal $0 State $0 Local $25,000 (STIP 2015) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A 391 Whatcom County Public Works Project Narrative Roberts Road/Anderson Creek, Bridge No. 249 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located west of Deming in Section 19, T39N, R4E. This is a bridge replacement project. This project is listed #40 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2017. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $20,000 (STIP 2017) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Geratwat Rd_ `_..._.....__:_ y - i iRd_ f Mart r F2d'- c HE s ea mod_ ks __.. r .a _. i 4 z , y _ CEt3AR`�it_LE n I off � � ., 4 t P Harmorwy Rd- 392 Whatcom County Public Works Project Narrative Massey Road/Sumas River, Bridge No. 291 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located east of Everson in Section 5, T39N, R4E. This is a bridge replacement project. This project is listed #41 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2015. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $40,000 (STIP 2015-2016) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) TBD 393 Whatcom County Public Works Project Narrative Mosquito Lake Road/N. Fork Nooksack River, Bridge No. 332 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located east. of Deming in Section 27, T39N, R5E. This is a preliminary engineering study on the existing bridge. This project is listed #42 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Preliminary analysis to begin in 2015. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $20,000 (STIP 2015) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) TBD 394 Whatcom County Public Works Project Narrative W. Badger Road/Bertrand Creek Bridge No. 50 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located west of Lynden in Section 12 & 14, T40N, R2E. This is a bridge replacement project. This project is listed #43 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2016. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $20,000 (STIP 2016) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) TBD 395 Whatcom County Public Works Project Narrative Goshen Road/Anderson Creek Bridge No. 248 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located south of Everson/Goshen in Section 19, T39N, R4E. This is a bridge rehabilitation and sedimentation control project. This project is listed #44 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2016. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $20,000 (STIP 2016) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) TBD I 396 Whatcom County Public Works Project Narrative Slater Road / Nooksack River Bridge No. 512 Overheight Detection CRP #914013 Construction Funding Year(s): TBD Project Narrative: This project is located on Slater Road at the Nooksack River in Section 6, T38N, R2E. This is an overheight detection/warning system project. The project is listed #45 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Preliminary designto begin in 2015. Total Estimated Project Cost: $ TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $30,000 (STIP 2015) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A MM M F !NTS Rayhorst 0 397 Whatcom County Public Works Project Narrative Refurbish / Upgrade of the Whatcom Chief CRP #910012 Construction Funding Year(s): TBD Project Narrative: This project involves the upgrade and preservation of the current ferry to Lummi Island, M/V Whatcom Chief. The project definition will address safety, accessibility and reliability concerns associated with the approximately 50 year old ferry. This project is listed #46 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Opportunities for project funding will be reviewed as they become available. Total Estimated Project Cost: TBD Expenditures to Date: $2,000 Funding Sources: Federal $0 State $0 Local $5,000 (STIP 2015) Environmental Permitting None Required Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A •• Whatcom County Public Works Project Narrative Ferry Dock Improvements CRP #914004 Construction Funding Year(s): 2015 - 2020 Project Narrative: This project includes improvements to the ferry docks This project is listed #47 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Design, permitting, and construction activities are ongoing Total Estimated Project Cost: $2,000,000 Expenditures to Date: N/A Funding Sources: Federal $ State $ Local $2,000,000 (STIP 2015-2020) Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A MAJ, Whatcom County Public Works Project Narrative Replacement of the Whatcom Chief CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project involves replacement of the current ferry to Lummi Island, M/V Whatcom Chief. This project is listed #48 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Opportunities for project funding will be reviewed as they become available. Total Estimated Project Cost: TBD Expenditures to Date: $350,000 (approx) Funding Sources: Federal $0 State $0 Local $10,000 (STIP 2017) Environmental Permitting None Required Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) None Required MN Whatcom Chief -Q Whatcom County Public Works _Project Narrative Various Bridges Rehabilitation / Replacement CRP #Not Assigned Construction Funding Year(s): 2015 - 2020 Project Narrative:' This item provides funding to address unanticipated bridge rehabilitation and/or replacement. It is listed #49 on the 2015- 2020 Six Year Transportation Improvement Program. Project Status: Design and construction to occur as necessary. Total Estimated Project Cost: $1,800,000 Expenditures to Date: N/A Funding Sources: Federal $ State $ Local $1,800,000 (STIP 2015-2020) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this item, no map exists. Council review and prioritization will be sought at the appropriate times. 401 Whatcom County Public Works Project Narrative Subdivision Overlays CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This item addresses the placement of HMA (Hot Mix Asphalt) on County Roads in dense residential areas. Locations to be determined. This project is #50 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Design and construction to occur as necessary. Total Estimated Project Cost: $500,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $500,000 (2017 STIP) Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 402 Whatcom County Public Works Project Narrative Structural Overlays CRP # Not Assigned Construction Funding Year(s): 2017 ProjectNarrative:' This item addresses the placement of HMA (Hot Mix Asphalt) on County Roads classified as major and minor collectors. Locations to be determined. This project is #51 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Design and construction for the various roadways will be initiated in 2016 and extend through 2019. Total Estimated Project Cost: $1,200,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $1,200,000 (STIP 2017-2019) Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. RIM Whatcom County Public Works Project Narrative Right of Way Acquisition CRP # Not Assigned Construction Funding Year(s): 2015-2020 Project Narrative: This item addresses the unanticipated need for Right -of -Way that may arise during a given year that requires immediate action. This project is listed #52 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: N/A Total Estimated Project Cost: $180,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $180,000 (STIP 2015 - 2020) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. ME Whatcom County Public Works Project Narrative Unanticipated Site Improvements CRP # Not Assigned Construction Funding Year(s): 2015 - 2020 Project Narrative: This Annual Construction Program item addresses the unanticipated project(s) that may arise during a given year that require immediate action due to safety concerns, environmental factors, traffic volumes, accident history, funding or grant availability and other issues not related to an existing program project. This project is listed #53 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: It is anticipated that the design and construction of projects will occur yearly as the needs and locations are determined. Total Estimated Project Cost: $1,800,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $1,800,000 (STIP2015 thru 2020) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 405 Whatcom County Public Works Project Narrative Stormwater Quality Improvements CRP # Not Assigned Construction Funding Year(s): 2015 Project Narrative: This project varies in location. Identification and prioritization to be addressed and reviewed through County Council. This project is listed #54 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2015. Total Estimated Project Cost: $550,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $550,000 (STIP 2015-2020) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. M• Whatcom County Public Works Project Narrative Non -motorized Transportation Improvements CRP # Not Assigned Construction Funding Year(s): 2015 - 2020 Project Narrative: This program item addresses the need to identify and prioritize non -motorized projects for future consideration. Projects would include pedestrian and bike facilities (eg: sidewalks, trails, shoulder widening) in various locations around the county. This project is listed #55 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: It is anticipated that the design and construction of projects will occur yearly as the needs and locations are determined. Total Estimated Project Cost: $600,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $600,000 (STIP 2015 - 2020) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 407 Whatcom County Public Works Project Narrative Fish Passage Project CRP #912014 Construction Funding Year(s): 2016 - 2018 Project Narrative: This project is for the design and construction of fish passage projects. This project is listed #56 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Design will begin in 2015 with construction of the first project scheduled for 2016. Total Estimated Project Cost: $1,500,000 Expenditures to Date: N/A Funding Sources: Federal $0 State $0 Local $1,500,000 (STIP 2015-2020) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. B1: Whatcom County Public Works Project Narrative Railroad Crossing Improvements CRP # Not Assigned Construction Funding Year(s): 2015 - 2020 Project Narrative: Locations to be determined. Identification and prioritization to be addressed. This project is listed #57 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: Locations and prioritization of projects is on -going. Negotiations with BNSF will be a factor on timing and cost. Total Estimated Project Cost: $120,000 Expenditures to Date: - 0 - Funding Sources: Federal $0 State $0 Local $120,000 (STIP 2015 - 2020) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. ,' • Whatcom County Public Works Project Narrative Neighborhood Traffic Calming CRP # Not Assigned Construction Funding Year(s): 2015 - 2020 Project Narrative: Locations to be determined. Identification and prioritization to be addressed. This project is listed #58 on the 2015-2020 Six Year Transportation Improvement Program. Project Status: It is anticipated that the design and construction of projects will occur yearly as the needs and locations are determined. Total Estimated Project Cost: $300,000 Expenditures to Date: - 0 - Funding Sources: Federal $0 State $0 Local $300,000 (STIP 2015-2020) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 410 Whatcom County Public Works Road Fund Cash Flow Projections ($ in millions) 1 2 3 4 ATTACHMENT "B1" FUND BALANCE 5 6 7 9/3/2014 8 9 10 Year Non- General Capital Revenue Expense Net Capital Program Const. Const. Revenue Expense Net Ending Fund Balance Designated Fund Balance Available Fund Balance act.2000 $18.590 ($13.908) $4.682 $2.480 ($6.255) ($3.775) $11.927 $11.927 act.2001 $18.795 ($14.251) $4.544 $2.233 ($7.432) ($5.199) $11.272 $11.272 act.2002 $18.680 ($14.724) $3.956 $2.146 ($6.767) ($4.621) $10.607 $1.0.607 act.2003 $19.659 ($15.266) $4.393 $1.088 ($4.319) ($3.231) $11.769 $11.769 act.2004 $19.901 ($15.025) $4.876 $1.305 ($6.934) ($5.629) $11.016 $11.016 act. 2005 $21.554 ($16.151) $5.403 $2.240 ($7.621) ($5.381) $11.037 $11.037 act.2006 $21.535 ($17.258) $4.277 $3.650 ($8.162) ($4.512) $10.802 $10.802 act.2007 $21.986 ($16.907) $5.079 $1.603 ($8.994) ($7.391) $8.489 $8.489 act.2008 $23.366 ($18.844) $4.522 $2.471 ($5.541) ($3.070) $9.941 $9.941 act.2009 $23.987 ($17.221) $6.766 $6.882 ($8.737) ($1.855) $14.852 $14.852 act. 2010 $23.184 ($18.494) $4.690 $3.813 ($4.481) ($0.668) $18.874 $18.874 act.2011 $24.136 ($19.733) $4.403 $1.078 ($2.038) ($0.960) $22.317 $22.317 act.2012 $24.645 ($17.903) $6.742 $1.103 ($3.594) ($2.491) $26.568 $26.568 act.2013 $26.634 ($27.359) ($0.725) $2.185 ($3.028) ($0.843) $25.000 $10.267 $14.733 proj.2014 $24.080 ($20.436) $3.644 $17.794 ($8.706) $9.088 $27.465 $27.465 proj.2015 $24,583 ($21.530) $3.053 $12.040 ($23.155) ($11.115) $19.404 $19.404 proj.2016 $24.698 ($22.735) $1.963 $0.080 ($7.265) ($7.185) $14.182 $14.182 proj.2017 $24.727 ($23.322) $1.406 $0.900 ($11.345) ($10.445) $5.143 $5.143 proj.2018 $24,756 ($23.924) $0.833 $0.000 ($1.880) ($1.880) $4.095 $4.095 proj.2019 $24.786 ($24.541) $0.245 $0.000 ($1.855) ($1.855) $2.485 $2.485 proj.2020 $24.817 ($25.176) ($0.359) $0.000 ($1.560) ($1.560) $0.566 $0.566 411 Whatcom County Public Works ATTACHMENT " B2" 9/3/2014 Road Fund REVENUES Cash Flow Projections ($ in millions) Year Property Tax Revenue General Fuel Tax Private Timber Harvest Federal Forest State Forest Ferry Tolls Fuel Tax Ferry Deficit Reimb. Interfund Charges Other Revenue Total Non-Consl Revenue Const. Grants & Loans Total Revenue act.2004 $12.944 $3.431 $0.084 $0.845 $1.013 $0.647 $0.120 $0.164 $0.449 $0.204 $19.901 $1.305 $21.206 act.2005 $13.877 $3.931 $0.085 $0.865 $0.973 $0.648 $0.171 $0.083 $0.601 $0.321 $21.554 $2.240 $23.793 act.2006 $14.430 $4.237 $0.104 $0.874 $0.568 $0.000 $0.000 $0.281 $0.452 $0.589 $21.535 $3.650 $25.185 act.2007 $14.985 $3.828 $0.141 $0.874 $0.240 $0.000 $0.000 $0.336 $0.829 $0.753 $21.986 $1.603 $23.589 act.2008 $15.744 $4.115 $0.167 $0.790 $1.034 $0.000 $0.000 $0.230 $0.669 $0.617 $23.366 $2.471 $25.837 act.2009 $15.802 $3.631 $0.092 $0.709 $0.453 $0.000 $0.000 $0.140 $1.148 $2.012 $23.987 $6.882 $30.869 act.2010 $16.276 $3.778 $0.093 $0.639 $0.292 $0.000 $0.000 $0.361 $0.777 $0.968 $23.184 $3.813 $26.997 act.2011 $16.841 $3.734 $0.181 $0.515 $0.517 $0.000 $0.000 $0.351 $0.732 $1.265 $24.136 $1.078 $25.214 act.2012 $16.876 $3.784 $0.282 $0.458 $0.739 $0.000 $0.000 $0.333 $0.695 $1.478 $24.645 $1.103 $25.748 act.2013 $17.167 $3.927 $0.196 $0.723 $0.457 $0.000 $0.000 $0.406 $0.674 $3.084 $26.634 $2.185 $28.819 proj.2014 $17.167 $3.885 $0.100 $0.532 $0.450 $0.000 $0.000 $0.452 $0.705 $0.789 $24.080 $17.794 $41.874 proj.2015 1 $17.462 $3.883 $0.200 $0.465 $0.454 $0.000 $0.000 $1.421 $0.000 $0.698 $24.583 $12.040 $36.623 proj.2016 $17.562 $3.883 $0.200 $0.465 $0.452 $0.000 $0.000 $1.434 $0.000 $0.702 $24.698 $0.080 $24.778 proj.2017 $17.562 $3.883 $0.200 $0.465 $0.452 $0.000 $0.000 $1.463 $0.000 $0.702 $24.727 $0.900 $25.627 proj.2018 $17.562 $3.883 $0.200 $0.465 $0.452 $0.000 $0.000 $1.492 $0.000 $0.702 $24.756 $0.000 $24.756 proj.2019 $17.562 $3.883 $0.200 $0.465 $0.452 $0.000 $0.000 $1.522 $0.000 $0.702 $24.786 $0.000 $24.786 proj.2020 $17.562 $3.883 1 $0.200 1 $0.465 1 $0.452 $0.000 $0.000 $1.552 $0.000 $0.702 $24.817 $0.000 $24.817 A Ferry Fund created 1/1/2006 - ferry toll and ferry deficit revenues no longer included in the Road Fund A 412 Whatcom County Public Works ATTACHMENT " B3" Road Fund EXPENDITURES Cash Flow Projections ($ in millions) 1 i q d F F 9/3/2014 Year 108100 M & O 108110 Noxious Weed Loan Repmt. 10890 Undist. Admin. Admin. I & Acct. 10851 Eng. Admin. 10852 1 0855 Undist. Const. Eng. 10853 1 0854 Eng. Traffic & Develop. Reimb. Work 108131 1 08920 I Other Total Non- Const. 90000.99999 Project BB Const. Total Expense act.2007 $10.177 $0.162 $0.000 $1.837 $1.433 $0.629 $0.949 $1.153 $0.309 $0.258 $16.907 $8.994 $25.901 act.2008 $10.917 $0.181 $0.000 $1.800 $2.257 $0.830 $0.912 $1.312 $0.334 $0.300 $18.844 $5.541 $24.385 act.2009 $10.579 1 $0.192 $0.000 $0.000 $2.347 $1.719 $0.204 $1.303 $0.519 $0.358 $17.221 $8.737 $25.958 act.2010 $10.005 $0.212 $0.000 $0.043 $2.772 $0.982 $0.668 $1.355 $0.441 $2.014 $18.494 $4.481 $22.975 act.2011 $10.900 $0.246 $0.000 $0.336 $4.478 $0.869 $0.861 $1.282 $0.580 $0.181 $19.733 $2.038 $21.771 act.2012 $11.316 $0.224 $0.000 ($0.099) $2.478 $0.934 $1.009 $1.333 $0.517 $0.191 $17.903 $3.594 $21.497 act.2013 $11.557 $0.213 $0.000 $6.851 $2.529 $0.868 $1.239 $1.272 $0.531 $2.299 $27.359 $3.028 $30.387 proj.2014 $12.000 $0.244 $0.000 $0.000 $2.697 $0.951 $1.102 $1.398 $0.000 $2.044 $20.436 $8.706 $29.142 proj.2015 $14.105 $0.195 $0.000 $0.000 $2.670 $0.951 $1.371 $1.447 $0.000 $0.791 $21.530 $23.155 $44.685 proj.2016 $14.750 $0.199 $0.000 $0.000 $2.696 $0.956 $1.464 $1.453 $0.000 $1.217 $22.735 $7.265 $30.000 proj.2017 $15.119 $0.204 $0.000 $0.000 $2.763 $0.980 $1.501 $1.489 $0.000 $1.266 $23.322 $11.345 $34.667 proj.2018 $15.497 $0.209 $0.000 $0.000 $2.832 $1.004 $1.538 $1.527 $0.000 $1.316 $23.924 $1.880 $25.804 proj.2019 $15.884 $0.214 $0.000 $0.000 $2.903 $1.030 $1.577 $1.565 $0.000 $1.369 $24.541 $1.855 $26.396 proj.2020 1 $16.281 $0.220 $0.000 1 $0.000 $2.976 $1.055 $1.616 $1.604 $0.000 $1.424 $25.176 $1.560 $26.736 $2 million in fund 338 for Lummi lease commitment. CADocuments and Settings\smock\Local Settings\Temporary Internet Files\Content.Outlook\PMY8BNBI\2015 Road STIP Cash Flow Worksheets 9 3 14.x1s 413 CADocuments and Settings\smock\Local Settings\Temporary Internet Files\Content.Outlook\PMY8BNBI\2015 Road STIP Cash Flow Worksheets 9 3 14.xls Whatcom County Public Works ATTACHMENT "84" 9/3/2014 Road Fund FUNDS AVAILABLE FOR CAPITAL PROJECTS Cash Flow Projections ($ in millions) Year Beginning Fund Balance Operations Net Available for Capital Construction Capital Program Net Designated Fund Balance Ending Fund Balance act.2000 $11.020 $4.682 $15.702 ($3.775) $11.927 act.2001 $11.927 $4.544 $16.471 ($5.199) $11.272 act. 2002 $11.272 $3.956 $15.228 ($4.621) $10.607 act. 2003 $10.607 $4.393 $15.000 ($3.231) $11.769 act.2004 $11.769 $4.876 $16.645 ($5.629) $11,016 act. 2005 $11.016 $5.403 $16.419 ($5.381) $11.037 act.2006 $11.037 $4.277 $15.314 ($4.512) $10.802 act. 2007 $10.802 $5.079 $15.881 ($7.391) $8.489 act.2008 $8.489 $4.522 $13.011 ($3.070) $9.941 act.2009 $9.941 $6.766 $16.707 ($1.855) $14.852 act.2010 $14.852 $4.690 $19.542 ($0.668) $18.874 act.2011 $18.874 $4.403 $23.277 ($0.960) $22.317 act. 2012 $22.317 $6.742 $29.059 ($2.491) $26.568 act.2013 $26.568 ($0.725) $25.843 ($0.843) ($10.267) $14.733 proj.2014 $14.733 $3.644 $18.377 $9.088 $27.465 proj.2015 $27.465 $3.053 $30.519 ($11.115) $19.404 proj.2016 $19.404 $1.963 $21.367 ($7.185) $14.182 proj.2017 $14.182 $1.406 $15.588 ($10.445) $5.143 proj.2018 $5.143 $0.833 $5.975 ($1.880) $4.095 proj.2019 $4.095 $0.245 $4.340 ($1.855) $2.485 proj.2020IF $2.485 ($0.359) $2.126 ($1.560) $0.566 414 Attachment C 2014 Whatcom County Priority Rating Program 2014 Rating Road Name From To Length FFC UC Birch Bay Lynden Road Portal Way MP 4,20 0.54 7 27 Lake Whatcom Boulevard Cable Street Strawberry Point Road 1.50 17 34 Marine Drive Wynn Road Old Marine Drive 0.44 16 35 Bennett Drive Airport Drive Bakerview Road (W) 0,26 17 35 Lake Louise Road MP 3.46 Austin Street 0.60 16 36 Marine Drive Bridge #5 Ferndale Road 0,49 7 36 North Shore Road Bellingham CIL_ MP 1.00 1.00 16 37 Lake Louise Road Gate 13 (SV) MP 3.46 1.37 16 37 Lake Whatcom Boulevard UAB South Bay Drive 1.95 7 38 Marine Drive Ferndale Road Rural Avenue 0.67 7 38 North Telegraph Road Sorenson Road Badger Road (E) 2.19 8 39 Haxton Way Kwina Road Slater Road 1,82 7 39 Van Buren Road Hampton Road Lindsay Road 0.55 7 39 Van Wyck Road Hannegan Road SR 542 2,15 7 40 Drayton Harbor Road Harborview Road Blaine Road 0,90 17 40 Semiahmoo Drive Elderberry Lane Blaine CIL 0.96 17 40 Shintaffer Road Lincoln Road Birch Bay Drive 0.60 17 40 Yew Street Road Spring Valley Dr (private) Samish Way 0.71 17 41 Goodman Road Johnson Road Meadow Lane 0,25 8 41 Harborview Road Lincoln Road Drayton Harbor Road 0.47 17 41 Mosquito Lake Road Hutchinson Creek Middle Fork Bridge 3,97 8 41 Mountain View Road Olson Road Ferndale CIL 0.77 16 41 Nugent Road Ferry Dock Blizard Road 1,01 8 41 Nugent Road Blizard Road West Shore Drive 1.48 8 42 Bakerview Road (W) Bellingham CIL Bennett Drive 0.33 17 42 Birch Bay Drive Alderson Road Harborview Road 1.14 17 42 Hovander Road Smith Road (W) Ferndale CIL 0.29 16 42 Lake Louise Road Lake Whatcom Boulevard Gate 5 (SV) 0,50 16 42 Marine Drive Old Marine Drive Alderwood Avenue 0.22 16 42 Mosquito Lake Road North Fork Road SR 542 0,95 8 42 Smith Road (W) Hovander Road Ferndale CIL 0,17 16 42 Vista Drive Ferndale CIL Grandview Road 1.67 17 43 APA Road Tyee Drive Boundary Bay Road 1,50 8 43 Beach Way Slater Road Sucia Drive 0.36 8 43 Drayton Harbor Road Blaine CIL Harborview Road 1,16 18 43 Slater Road Ferndale CIL Pacific Highway 0 31 16 44 Badger Road (W) Sunrise Road Markworth Road 2 01 7 44 Birch Point Road Semiahmoo Drive Birch Bay Village Entrance 1,58 17 44 H Street Road Axling Road Sunrise Road 3.78 7 44 Lake Whatcom Boulevard Lake Louise Road UAB 0.93 17 44 Mosquito Lake Road Old Garbage Dump Road Hutchinson Creek 3.17 8 44 Mosquito Lake Road Township Line North Fork Road 1,94 8 44 Northwood Road Badger Road (E) Pangborn Road 1.00 8 44 Northwood Road Pangborn Road Halverstick Road 1.01 8 44 Nugent Road Legoe Bay Road Granger Road 0.20 8 Rating: 0 (worst) to 100 (best) Federal Functional Classification (FFC): Incorporates, road geometrics, surface condition, ride, 7 & 8 - Rural collectors drainage, traffic volumes, traffic types, accident history 14, 16, 17 & 18 - Urban arterials/collectors UC - Under construction Page 1 of 7 415 2014 Whatcom County Priority Rating Program 2014 Rating Road Name From To Length FFC 44 Siper Road MP 0.81 Hopewell Road _ 0.99 8 44 South Pass Road Goodwin Road North Pass Road 1.74 7 44 South Pass Road North Pass Road Frost Road 4,16 7 44 Van Buren Road MP 3.34 Halverstick Road 1.41 8 45 Bay Road Kickerville Road Bruce Road 2,76 7 45 Cain Lake Road NE Cain Lk Rd Lake Whatcom Boulevard 0.37 7 45 Goodwin Road Sorenson Road South Pass Road 1.00 8 45 Hopewell Road Siper Road Goodwin Road 0.23 8 45 Lake Louise Road Gate 5 (SV) Gate 13 (SV) 1 59 16 45 Lake Samish Drive (W) Nulle Road Summerland Road 1.73 8 45 Lake Samish Drive (W) Summerland Road Lake Samish Drive (N) 0.87 8 45 Mountain View Road Lake Terrell Road Olson Road 2.00 7 46 Axton Road (E) SR 539 Hannegan Road 1.97 7 46 Cedarville Road Goshen Road SR 542 1.39 8 46 Ferndale Road Slater Road Ulrich Road 1.05 7 46 Ferndale Road Ulrich Road Ferndale C/L 0.38 16 46 Goodwin Road South Pass Road Hopewell Road 2.54 8 46 Johnson Road Tyee Drive Boundary Bay Road 1.51 8 46 Kickerville Road Bay Road Arnie Road 1 01 8 46 Kickerville Road Arnie Road Birch Bay Lynden Road 1,01 8 46 Legoe Bay Road Nugent Road West Shore Drive 167 8 46 Maplewood Avenue (W) Bellingham C/L Bakerview Road (W) 0.26 14 46 Marine Dr / Edwards Dr Gulf Road Marina Drive 1.27 8 46 Marine Drive Gulf Road Roosevelt Road 1 27 8 46 Marine Drive Alderwood Avenue McAlpine Rd 0 51 16 46 Mosquito Lake Road SR 9 MP 0 94 0.94 8 46 Mosquito Lake Road Middle Fork Bridge Township Line 2,67 8 46 Northwood Road Hampton Road UAB 0.75 8 46 Old Samish Road MP 2.51 Bellingham C/L 0.69 8 46 Vista Drive Grandview Road Bay Road 1.61 7 46 West Shore Drive Legoe Bay Road Nugent Road 2.31 8 46 Wiser Lake Road (E) SR 539 Hannegan Road 2.12 18 47 Airport Drive Alderwood Avenue Airport Way 0.46 16 47 Alderwood Avenue Marine Drive Airport Drive 0.34 16 47 Benson Road Teller Road Boundary Bay Road 1 75 8 47 Cain Lake Road Skagit County Line NE Cain Lk Rd 1 80 7 47 Ferndale Road Marine Drive Slater Road 1.89 7 47 Grandview Road Point Whitehorn Way Jackson Road 0.98 7 47 H Street Road SR 539 Axling Road 1.24 7 47 Halverstick Road Northwood Road Van Buren Road 3.54 8 47 Lake Samish Drive (N) Lake Samish Drive (W) Lake Samish Drive (E) 093 8 47 Lummi Shore Road Lummi View Drive MP 0.91 0.64 8 47 Meadow Lane Goodman Road Roosevelt Road 0,26 8 47 Mosquito Lake Road MP 0 94 Old Garbage Dump Road 0.74 8 47 North Shore Road MP 1.00 Y Road 1.87 16 Rating: 0 (worst) to 100 (best) Federal Functional Classification (FFC): Incorporates; road geometrics, surface condition, ride, 7 & 8 .- Rural collectors drainage, traffic volumes, traffic types, accident history 14, 16, 17 & 18 - Urban arterials/collectors UC - Under construction Page 2 of 7 416 2014 Rating Road Name 47 North Telegraph Road 47 Rural Avenue 47 Van Buren Road 48 H Street Road 48 Halverstick Road 48 Halverstick Road 48 Hannegan Road 48 Lake Whatcom Boulevard 48 Lummi View Drive 48 Northwest Drive 48 Silver Lake Road 49 Grandview Road 49 Hannegan Road 49 Kickerville Road 49 Nugent Road 49 Portal Way 49 Portal Way 49 Roosevelt Road 49 Siper Road 49 Sunrise Road 49 Sunrise Road 50 Alderwood Avenue 50 Bancroft Road 50 Bay Road 50 Birch Bay Drive 50 Country Lane 50 Goshen Road 50 Hampton Road 50 Hampton Road 50 Hampton Road 50 Harksell Road 50 Haxton Way 50 Lummi Shore Road 50 Lummi View Drive 50 Marine Drive 50 Northwest Drive 50 Nulle Road 50 Silver Lake Road 50 Wiser Lake Road (W) 51 Berthusen Road 51 Boundary Bay Road 51 Breckenridge Road 51 Curtis Road 51 Custer School Road 51 Enterprise Road (N) 2014 Whatcom County Priority Rating Program From To Length FFC Badger Road (E) Sumas,Road 1.88 8 Curtis Road Ferndale CIL 0.58 17 Lindsay Road Badger Road (E) 1 00 7 Sunrise Road Blaine CIL 2.72 7 Van Buren Road Crape Road 1 02 8 Crape Road Garrison Road 1.00 8 Van Wyck Road Smith Road (E) 2.02 7 Seaplane Road Lake Louise Road 1 39 17 Lummi Shore Road Goosebery spur 1.69 8 Pole Road (W) Ritter Road 0.84 8 SR 542 Rock Quarry 3.22 8 UAB UAB 0.40 17 Smith Road (E) Hemmi Road (E) 2.07 7 Rainbow Road Grandview Road 2.01 7 Sunrise Road Legoe Bay Road 1.13 8 Birch Bay Lynden Road Hall Road 3.32 7 Hall Road Blaine CIL 0.41 17 Marine Drive Tyee Drive 0.93 8 SR 9 MP 0.81 0.81 8 Nugent Road Seacrest Drive 075 8 Badger Road (W) H Street Road 202 8 Airport Drive Bellingham CIL 0.71 17 Marine Drive Country Lane 0.59 16 Blaine Road Kickerville Road 0.98 7 Shintaffer Road Birch Point Road 0.66 17 Rural Avenue Bancroft Road 0.82 16 Fazon Road Cedarville Road 1.23 8 UAB Northwood Road 1.66 7 Northwood Road Slotemaker Road 0.75 7 Slotemaker Road Van Buren Road 2.24 7 Enterprise Road Enterprise Road (N) 0.38 7 Mackenzie Road Balch Road 0.94 7 Cagey Road Marine Drive 2.76 8 Gooseberry Spur Mackenzie Rd / Haxton Wy 0.44 7 Bancroft Road Wynn Road 0.20 16 Smith Road (W) Axton Road (W) 1,00 16 Lake Samish Drive (W) 1-5 0.62 8 Rock Quarry South Pass Road 2.67 8 Northwest Drive Old Guide Road 2.18 8 Loomis Trail Road West Main Street 0.26 18 APA Road Johnson Road 1,00 8 Nooksack CIL Sorenson Road 1.12 8 Country Lane Rural Avenue 1.50 17 Creasy Road Birch Bay Lynden Road 0.50 8 Harksell Road Brookwood Drive 0.45 7 Rating: 0 (worst) to 100 (best) Incorporates, road geometrics, surface condition, ride, drainage, traffic volumes, traffic types, accident history UC - Under construction Federal Functional Classification (FFC): 7 & 8 - Rural collectors 14, 16. 17 & 18 - Urban arterials/collectors Page 3 of 7 417 `VIEN Whatcom County Priority Rating Program 2014 Rating Road Name From 51 Hannegan Road Bellingham C/L_, 51 Jackson Road Birch Bay Drive 51 Jackson Road UAB 51 Kickerville Road Birch Bay Lynden Road 51 Lake Samish Drive (N) Lake Samish Drive (E) 51 Lincoln Road Blaine CIL 51 Marine Dr/Lummi Shore Dr Kwina Road 51 Olson Road Aldergrove Road 51 Seacrest Drive Sunrise Road 51 Slater Road Beach Way 51 Slater Road Haxton Way 51 South Bay Drive Lake Whatcom Boulevard 51 South Pass Road Frost Road 51 Sucia Drive BMP 51 Wiser Lake Road (W) Old Guide Road 52 Birch Bay Drive Harborview Road 52 Cedarwood Avenue Bennett Drive 52 Lake Whatcom Boulevard MP 2.07 52 Laurel Road (W) Northwest Drive 52 Pole Road (W) Northwest Drive 52 Portal Way Ferndale CIL 52 Portal Way Faris Road 52 Roosevelt Road Tyee Drive 52 Slater Road Ferndale Road 52 Weidkamp Road Badger Road (W) 53 Airport Drive Airport Way 53 Birch Bay Drive State Park (north gate) 53 Birch Point Road Birch Bay Village Entrance 53 Cottonwood Avenue Bennett Drive 53 Haxton Way Balch Road 53 Laurel Road (E) SR 539 53 Laurel Road (W) Aldrich Road 53 Loomis Trail Road Blaine Road 53 Northwest Drive Bellingham CIL 53 Northwest Drive Axton Road (W) 53 Pole Road (W) Old Guide Rd 53 Slater Road Lake Terrell Road 53 Smith Road (E) Noon Road 53 Sorenson Road Breckenridge Road 53 Valleyview Road Birch Bay Lynden Road 54 Badger Road (E) Garrison Road 54 Britton Road Emerald Lake Way 54 Everson Goshen Road Hemmi Road (E) 54 Fazon Road Goshen Road 54 Grandview Road UAB Rating: 0 (worst) to 100 (best) Incorporates, road geometrics, surface condition, ride, drainage, traffic volumes, traffic types, accident history UC - Under construction To Length FFC Van Wyck Road 0.25 7 UAB 0.92 18 Grandview Road 0.51 8 Loomis Trail Road 1.00 8 Old Samish Road 0.87 8 0.05 m. west of Shintaffer Rd 0,39 17 Bridge #5 0.41 7 Mountain View Road 1.99 8 Scenic Estates 1,21 8 Lake Terrell Road 1 09 8 Ferndale Road 1,47 7 Brannigan Creek 2,77 8 Kendall Road 1.2.4 7 Beach Way 1.87 8 SR 539 0.50 18 Shintaffer Road 0.95 17 Bellingham CIL 0.10 17 Seaplane Road 1,17 17 Aldrich Road 099 17 Old Guide Rd 2,22 7 Faris Road 1.16 16 Birch Bay Lynden Road 285 7 Meadow Lane 1.37 8 R/R Crossing (C/L) 1.38 7 H Street Road 1.96 8 Bennett Drive 0,30 16 Alderson Road 1.18 17 Birch Bay Drive 0,40 17 Bellingham CIL 009 17 Kwina Road 3.28 7 Hannegan Road 1.97 8 SR 539 1,51 8 Portal Way 1,75 8 Smith Road (W) 2.54 16 Paradise Road 0,76 16 SR 539 0,51 17 Haxton Way 2.50 7 Mission Road 2.01 7 North Telegraph Road 0,47 8 Haynie Road 2,45 8 North Telegraph Road 0,33 8 Bellingham CIL 1.03 16 Pole Road (E) 2.08 7 Hemmi Road (E) 077 8 Dahlberg Road 0.33 7 Federal Functional Classification (FFC): 7 & 8 - Rural collectors 14, 16, 17 & 18 -- Urban arterials/collectors - Page 4 of 7 2014 Whatcom County Priority Rating Program 2014 Rating Road Name From To Length FFC 54 Hemmi Road (E) Everson Goshen Road Mission Road 1,00 -- 8 54 Lindsay Road Van Buren Road Van Buren Road 0.31 7 54 Lummi Shore Road Kwina Road Haxton Way 1.08 8 54 Old Samish Road Lake Samish Drive (N) MP 2.51 2,51 8 54 Olson Road Vista Drive Aldergrove Road 1,90 8 54 Pacific Highway Bellingham C/L Slater Road 1.34 17 54 Semiahmoo Drive Birch Point Road Elderberry Lane 1.49 17 54 Smith Road (E) Mission Road SR 542 2.24 7 54 South Bay Drive Brannigan Creek Park Road 0.94 8 54 South Pass Road Kendall Road Silver Lake Road 4.99 8 54 Y Road North Shore Road Jensen Road 1.87 8 55 Bennett Drive Marine Drive Airport Drive 1,23 17 55 Everson Goshen Road Smith Road (E) Hemmi Road (E) 2.01 7 55 Gooseberry Spur Lummi view Drive Ferry Dock 0,05 7 55 Harborview Road Birch Bay Drive Lincoln Road 1,17 17 55 Kickerville Road Grandview Road Bay Road 1.00 7 55 Lakeway Drive Bellingham C/L Terrace Avenue (N) 0,63 16 55 Loomis Trail Road Bob Hall Road Bertrand Creek Bridge #30 1,43 8 55 Northwest Drive Paradise Road Pole Road (W) 2.00 7 55 Samish Way Old Samish Road Galbraith Lane 1,51 8 55 Samish Way Galbraith Lane Bellingham C/L 1 52 17 55 Van Dyk Road Theil Road Everson Goshen Road 262 8 55 Weidkamp Road Loomis Trail Road Badger Road (W) 1,02 8 55 Y Road Jensen Road SR 542 2.55 8 56 Axton Road (W) Ferndale C/L Northwest Drive 0.86 16 56 Birch Bay Lynden Road Harborview Road UAB 1.25 17 56 Birch Bay Lynden Road Delta Line Road Enterprise Road (N) 1 90 7 56 Enterprise Road Ferndale C/L Harksell Road 1,79 17 56 Enterprise Road (N) Brookwood Drive Birch Bay Lynden Road 1 55 7 56 Enterprise Road (N) Birch Bay Lynden Road Loomis Trail Road 1.01 8 56 Everson Goshen Road SR 542 Smith Road (E) 1,99 7 56 Hemmi Road (E) Hannegan Road Everson Goshen Road 3.05 8 56 Loomis Trail Road Bertrand Creek Bridge #30 Berthusen Road 0,62 18 56 Main Street Bruce Road Custer School Road 0.24 8 56 Marina Drive Edwards Drive APA Road 0.56 8 56 Point Whitehorn Road Grandview Road Birch Bay Drive 0.57 17 56 Rock Road Sumas Road Nims Road 290 8 56 Van Buren Road Badger Road (E) MP 3 34 0.63 8 57 Axton Road (W) Northwest Drive UAB 0,25 16 57 Birch Bay Lynden Road UAB Portal Way 2A1 i 57 Birch Bay Lynden Road MP 4,20 Delta Line Road 1.82 7 57 Birch Bay Lynden Road Rathbone Road Berthusen Road 1.01 7 57 Britton Road SR 542 Emerald Lake Way 0,45 16 57 Custer School Road Main Street Creasy Road 077 8 57 Haynie Road Valleyview Road Delta Line Road 2 01 7 Rating: 0 (worst) to 100 (best) Federal Functional Classification (FFC): Incorporates; road geometrics, surface condition, ride. 7 & 8 - Rural collectors drainage, traffic volumes, traffic types, accident history 14, 16, 17 & 18 - Urban arterials/collectors UC - Under construction Page 5 of 7 419 2014 Whatcom County Priority Rating Program 2014 Rating Road Name From 57 Lake Terrell Road Slater Road 57 Marine Drive Bennett Drive 57 South Pass Road Nooksack C/L 57 Stadsvold Road Haynie Road 57 Sweet Road Blaine C/L 58 Alderson Road Birch Bay Drive 58 Austin Street Lake Louise Road 58 Axton Road (W) UAB 58 Baker Lake Road Skagit County Line 58 Bruce Road Bay Road 58 Hemmi Road (E) SR 539 58 Mountain View Road Rainbow Road 58 Slater Road Pacific Highway 58 Terrace Avenue (N) Lakeway Drive 59 Birch Bay Lynden Road Enterprise Road (N) 59 Boundary Road (E) SR 539 59 Haynie Road Stadsvold Road 59 Smith Road (E) SR 539 59 Van Dyk Road Hannegan Road 59 Van Wyck Road BMP 60 Bender Road Boundary Road (E) 60 Birch Bay Drive Point Whitehorn Way 60 Cable Street Terrace Avenue (N) 60 Lummi Shore Road MP 0.91 60 Northwood Road Haiverstick Road 60 Nulle Road 1-5 60 Tyee Drive APA Road 60 Tyee Drive Gulf Road 60 Van Buren Road Everson C/L 61 Bakerview Road (W) Bennett Drive 61 Birch Bay Lynden Road Berthusen Road 61 Boundary Road (E) Bender Road 61 Gulf Road Marine Drive 61 Lummi Shore Road Smokehouse Road 61 Yew Street Road Bellingham C/L 62 Benson Road Visser Road 62 Delta Line Road Badger Road (W) 62 Nugent Road Granger Road 62 Park Road South Bay Drive 62 Tyee Drive Benson Road 63 Grandview Road Jackson Road 63 Yew Street Road Spring Valley Dr (private) 64 Badger Road (W) Markworth Road 64 Hampton Road Lynden C/L .64 Lake Whatcom Boulevard Strawberry Point Road Rating: 0 (worst) to 100 (best) Incorporates, road geometrics, surface condition, ride, drainage, traffic volumes, traffic types, accident history UC - Under construction To Length FFC Mountain View Road 2.00 7 Bellingham C/L 0.29 16 Goodwin Road 1.23 7 Sweet Road 0.52 7 Stadsvold Road 144 7 Blaine Road 0.85 18 Cable Street 0.37 16 SR 539 2.25 7 MP 3.93 3.93 7 Main Street 0.74 8 Hannegan Road 1.97 8 Lake Terrell Road 0.50 7 Northwest Drive 0.74 16 Cable Street 016 16 Rathbone Road 2.03 7 Benson Road 1.07 8 Valleyview Road 1.24 7 Hannegan Road 1.96 7 Theil Road 0.98 8 Hannegan Road 0.40 7 Visser Road 0.37 8 State Park (north gate) 0.76 17 Lake Whatcom Boulevard 0.51 16 Smokehouse Road 1.74 8 Boundary Road (E) 062 8 Skagit County Line 0.59 7 Gulf Road 0.25 7 Benson Road 0.25 7 Hampton Road 1.09 7 Bellingham C/L 0.26 16 Tromp Road (city limits) 0.52 16 Northwood Road 1.49 8 Tyee Drive 0.65 7 Cagey Road 1.01 8 Spring Valley Dr (private) 1.06 17 Boundary Road (E) 0.36 8 Haynie Road 0.48 7 Ferry Dock 0.19 8 SR 9 278 8 Roosevelt Road 0.95 7 Blaine Road 1.02 7 Tacoma Av (private) 0.28 17 SR 539 3.05 7 UAB 0.04 17 MP 207 0.36 17 Federal Functional Classification (FFC): 7 & 8 - Rural collectors 14, 16. 17 & 18 - Urban arterials/collectors 420 Page 6 of 7 2014 Rating Road Name 64 Loomis Trail Road 65 Badger Road (W) 65 Country Lane 65 Marine Drive 65 Smith Road (E) 65 Smith Road (W) 65 Smith Road (W) 66 Kwina Road 66 Smith Road (W) 66 Visser Road 67 Rainbow Road 68 Hannegan Road 69 Hannegan Road 70 Hannegan Road 70 Hannegan Road 71 Lincoln Road 75 Sunrise Road 2014 Whatcom County Priority Rating Program From To Length FFC Sunrise Road Bob Hall Road 2.00 8 Delta Line Road Sunrise Road 0.86 7 Bancroft Road Curtis Road 0.07 17 McAlpine Rd Bennett Drive 0,62 16 Hannegan Road Noon Road 2.02 7 Ferndale C/L Northwest Drive &57 16 Waschke Road SR 539 2.00 7 Haxton Way Lummi Shore Road 0.96 7 Northwest Drive Waschke Road 0,50 17 Bender Road Benson Road 1.00 8 Mountain View Road Kickerville Road 1 20 7 (JAB Nooksack Bridge #252 2.88 7 Nooksack Bridge #252 Lynden C/L 0,43 17 Hemmi Road (E) Beard Rd 1.51 7 Beard Rd UAB 0 71 17 0.05 m. west of Shintaffer Rd Harborview Road 0.79 17 Birch Bay Lynden Road Badger Road (W) 2.01 8 Rating: 0 (worst) to 100 (best) Incorporates; road geometrics, surface condition., ride, drainage, traffic volumes, traffic types, accident history UC - Under construction Total Lengh = 358,39 Federal Functional Classification (FFC): 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors Page 7 of 7 421 Whatcom County 2013 Bridge Report Submitted: September 2014 This bridge report is prepared b y Whatcom County Public Works Bridge and Hydraulic Division under the direction of the County Engineer each year to fulfill requirements of the Washington Administrative Code (WAC) 136-20- 060. This WAC requires the County Engineer's report of bridge inspections as follows: "Each county engineer shall furnish the county legislative authority with a written resume of the findings ofthe bridge inspection effort. This resume shall be made available to said authority and shall be consulted during the preparation ofthe proposed six -year transportation program revision. The resume shall include the county engineer's recommendations as to replacement, repair or load restriction for each deficient bridge. The resolution ofadoption ofthe six year transportation program shall include assurances to the effect that the county engineer's report with respect to deficient bridges was available to said authority during the preparation ofthe program. " Prepared by: . . Steve Dillon Bridge Inspection Team Leader Reviewed by: Y James E. Lee, P.E. Engineering Manager — Bridge & Hydraulics Approved by: osepfi P. Rutan, P.E. County Engineer/Assistant Director Cover Photo: Mosquito Lake Road Middle Fork Nooksack River Bridge No. 140. This bridge was rehabilitated in 2010 with new bridge bearings, new grated bridge deck, painting of steel truss structure and installation of scour protection measures. Page 1 of 21 423 Table of Contents WAC 136-20-060 and signature page ......... ......... ......... ......... ......... ......... ......... ......... ...........1 Tableof contents............................................................................................................................................2 Acronyms..............................................................................................................................................................................3 Whatcom County bridge location map..................................................................................................................4 ExecutiveSummary ..........................................................................................................................................5 Bridgeinventory summary ..................................................................................................................................6 Bridge inspection, findings and recommendations....................................................................................................7 Load, Height and Width Restricted Bridges.............................................................................................................9 Bridge Replacement and Rehabiliitation Plan for Deficient Bridges..............................................................................10 Maintenance and Repair Recommendations...........................................................................................................12 Glossaryof Bridge Terms....................................................................................................................................13 Appendix A — 2013 Whatcom County Bridge Inventory ..............................................................................................17 Page 2 of 21 424 Acronyms . The following is a list of common acronyms widely used in the bridge inspection field: DT Average Daily Traffic BRAC Replacement Advisory Committee _Bridge FHWA Federal Highway Administration FO Functionally Obsolete HBRRP Highway Bride Replacement and Rehabilitation Program NBIS National Bridge Inspection Standards SD Structurally Deficient SID Structure Identification Number SR Sufficiency Rating UBIT Under Brid e Inspection Truck AC Administrative Code _Washington SDOT Washington State Department of Transportation Page 3 of 21 425 Page 4 of 21 426 Executive Summary This report has been completed in compliance with WAC 136-20-060, which requires that each County Engineer furnish -a written resume of the county's bridge inspection efforts tothe county legislative authority. It is also the intention of this report that information presented here be incorporated into a comprehensive program strategy to preserve the county's roadways. Highlights and Changes in 2013 — Whatcom County bridge count has increased in 2013 by 2 total bridges for a total of 161 bridges. The two bridges added are short spans, not National Bridge Inventory (NBI) reportable. — A total of 80 Whatcom County bridge condition inspections were completed in 2013. — Whatcom County provided bridge inspection services for 55 local agency owned bridges in 2013. — A total of 23 bridge repair work orders were completed by Whatcom County crews and others. — Federal funding was obtained to complete a seismic retrofit of the Portal Way Dakota Creek Bridge No. 500. This bridge is concrete tee beam bridge with a 335 foot span constructed in 1928. Construction scheduled for 2015. — Federal funding was obtained to paint Slater Road Nooksack River Bridge No. 512. This bridge is a steel truss bridge with a 246 foot span constructed in 1957. The painting project is scheduled to be completed in 2015. — The Mosquito Lake Road Middle Fork Nooksack River Bridge No. 332 Scour Mitigation Project was constructed. Construction of this project included installing angular rock around pier number 3 and removing this bridge's scour critical designation. This project was funded 100% with BRAC funds. Oversize/Overweight Load Permits In recent years Whatcom County has seen an increase in oversize/overweight permit applications. There were over 30 oversize/overweight permits issued for loads crossing county owned bridges in 2013. Bridge program staff review these applications to ensure that these oversize/overweight loads can cross these bridges without causing any harm to the structure. Slater Road Bridge 512 with posted height restriction Summary of Bridge Inventory — As of the end of 2013, the unincorporated Whatcom County road system contains 161 bridges and culverts which provide connectivity between our 974 miles of roads. Of these 161 bridges, ten are classified as structurally deficient (SD); five are scheduled for replacement or rehabilitation within the next six years, and 15 have been posted with load restrictions. — A list of all structurally deficient bridges recommended for future replacement or rehabilitation is shown in Exhibit C. Page 5 of 21 427 Bridge Inventory In Whatcom County of 161 bridges, 5 are of timber construction, 101 are of concrete construction, 6 are predominately steel (all of which are fracture critical) and the remainder are a combination of these materials. See Appendix A for a complete list of Whatcom County Bridges. This Bridge on Friday Creek is typical of our channel beam girders supported by timber piles and caps. Lummi Island Ferry Terminals As a part of our bridge program, Whatcom County inspects and maintains the Gooseberry Point and Lummi Island Ferry Terminals. These consist of a steel transfer span and a timber trestle at the Gooseberry Point terminal and a steel transfer span and a reinforced concreted girder approach dock at the Lummi Island terminal. Lummi Island approach span Short Span Bridges The Highway Bridge Replacement and Rehabilitation Program (HBRRP) excludes short span bridges (span length of 20 feet or less) from receiving federal funding. Out of the 161 bridges in Whatcom County inventory, 21 of these bridges are classified as short span bridges. Outside Local Agency Bridges The Whatcom County Bridge and Hydraulics program provides inspection services to local agencies upon request. The county works with cities under inter -local agreements (ILA), with conditions set forth in the Revised Code of Washington (RCW) Chapter 39.34. The county's services are provided primarily to local agencies that lack expertise to inspect and maintain their bridge inventory. In addition, the Whatcom County Public Works Road Maintenance Division contracts with local agencies for the maintenance of other local agency bridges. In 2013 the county provided inspection services on 55 bridges for outside local agencies. Local Agency Number of bridges inspected in 2013 City of Bellingham 41 City of Lynden 11 City of Everson 1 San Juan County 1 Port of Bellingham 1 (ferry terminal) Summary of outside local agency bridges inspected in 2013 Page 6 of 21 Bridge Inspection, Findings and Recommendations Bridge inspections are performed in accordance with the National Bridge Inspection Standards (NBIS) in conformance with 23 CFR 650.3. The standards mandate that all public agencies with a bridge inventory inspect and report the findings at a minimum of once every two years (routine inspection). Special inspections are required for bridges that cannot be given close or adequate inspection from the ground. For these bridges an Under -Bridge Inspection Truck (OBIT) is required. Steel bridges with fracture critical members may also require special inspections with special inspection equipment. A third category of special inspections are the Under Water Inspections which are required every five years for bridges with piers that extend below ordinary low- water levels. During bridge inspections, the current condition of each bridge element is noted. The deficiencies are coded to NBIS standards and show the degree of deterioration in various elements- the three primary elements being: • Deck, • Superstructure, and • Substructure. As deterioration accelerates, the coding values drop and work orders for repairs are issued. In the case where the coding factors are extremely low, recommendations are made for repair, replacement or rehabilitation. Bridges with identified deficiencies may be inspected or monitored at more frequent intervals. The results of our inspection program are forwarded to the Washington State Department of Transportation (WSDOT) for review. Once the report has been accepted by WSDOT it is available for the Federal Highway Administration (FHWA). Whatcom County has many reinforced concrete channel beam superstructures designed in 1955 which are at the low end of today's load carrying capacity requirements and are supported by timber caps and piles. These structures are being maintained and/or replaced on a regular basis depending on the age and the deterioration rate of the structure. The NBIS utilizes information from the latest bridge inspection to determine the Sufficiency Rating (SR) which is a calculated score based on information from the most recent bridge inspection. The SR is a number from 0 to 100 with 100 being an entirely sufficient bridge, and 0 being an entirely insufficient or deficient bridge. Items that factor into the determination of the SR include: load bearing capacity, average daily traffic, availability and length of detour, the geometry of the bridge and the risk of scour on bridge foundations at waterway crossings. As of December 31 2013, Whatcom County has 100 bridges with a SR less than 80 that are eligible to compete for federal rehabilitation funding. There are 5 bridges with a SR less than 40 that are eligible to compete for federal replacement funding. Of the 5 bridges with an SR rating of 40 or less; 1 is under construction and two have applied for BRAC replacement funding for 2014. This year routine inspections were performed on 135 bridges, including 55 outside local agency bridges. If the underside of the bridge deck cannot be given close or adequate inspection from the ground then a special inspection using an under bridge inspection truck (UBIT) or under bridge inspection platform is required. See Exhibit A for our master list of special inspections and details on inspection frequencies and schedules for all of our UBIT and underwater bridge inspections. Photo of a typical UBIT Page 7 of 21 429 Page 8 of 21 430 Load, Height and Width Restricted Bridges Each bridge is required to have a "Load Rating" calculation. The Load Rating establishes how much weight the bridge can carry for several standard configurations of vehicle axle loads. During the 2013 inspection cycle, no bridges were added to the load restriction list. As of December 31, 2013, there are a total of fifteen load restricted bridges in the county. Bridges that have traffic portals of 15 feet or less are required to be posted with the allowable height. Whatcom County has two roads passing through posted height restricted bridge structures. Of the fifteen bridges posted for load restrictions, four are scheduled for replacement. Most of Whatcom County's posted bridges have a deficient superstructure due to the original girder design and are not an immediate concern for our lower ADT roads but they are inspected every 12 months to look for any problems that would accelerate their need for replacement. Page 9 of 21 431 Bridge Replacement and Rehabilitation Plan for Deficient Bridges The county's current focus is to replace or rehabilitate bridges that are classified as structurally deficient (SD) per NBIS. Four replacement/rehabilitation projects were in design phase at the end of 2013. Since 2000, 15 bridges have been replaced or re -built in Whatcom County. Lists of future replacement/ rehabilitation candidates, including short -span bridges, are shown in Exhibit'C.' 2013 Replacement and Rehabilitation Design Projects Potter Road -Bridge 148-Replacement This project will replace the existing one -lane, two- way, SD and functionally obsolete fracture critical truss bridge with a reinforced concrete bridge. Construction is scheduled to begin in May 2014. Potter Road Bridge 148 South Pass Road Bridge 212 Replacement This project will replace a two span channel beam structure supported by timber caps and piles. The caps and piles are showing rapid deterioration. Design work was initiated in 2013. Slater Road Bridge 512 Paint Restoration This project will paint the Slater Road steel truss to prolong the structural life. Construction to begin in May of 2015. Hannegan Road Bridge 252 Scour Mitigation Project Design work is underway to install scour counter measures at pier number 2 to remove the scour critical designation on this bridge. BRAC funds have been secured for this project with construction scheduled in 2015. Hannegan Bridge 236 Replacement This project will replace an existing reinforced concrete channel girder bridge on timber caps and piles. This bridge is located on a major county arterial that is subject to heavy truck traffic. Design work began in 2013 with construction scheduled once construction funding is secured. Hannegan Rd Bridge 236 Dakota Creek Bridge #500 Seismic Retrofit This project will retrofit the 1928 Concrete T-Beam structure to a Level 2 seismic condition. Work also will help extend the life of this structure. Project design is underway with construction scheduled for 2015. BRAC funds have been secured for this project. Portal Way Bridge 500 432 Page 10 of 21 Page 11 of 21 433 Maintenance and Repair Recommendations The majority of bridge repair and maintenance work is done by county crews, with support from various vendors. This includes cleaning, minor painting, and replacing existing components which have deteriorated. Twenty (23) maintenance work orders were completed in 2013. (See Exhibit D below). Work planned for 2014 includes major work orders and routine maintenance on most of our bridges. The work includes helper piles and caps, abutment repairs, asphalt approaches, concrete repair and bridge cleaning and brushing. Exhibit "D" — Maintenance Work Orders Completed in 2013 14 TEN MILE CR Patched decks Nov-13 21TEN MILE CR Patched exposed rebar �' Nov-13 36 DAKOTA CR. Cleaned off and grouted areas with Apr-13 exposed rebar 44' BRIDGE WAY Cleaned off spalling concrete and patched May-13 bottom and west side of girder 81 JACKSON RD Cleaned and patched exposed rebar. Nov-13 99 DRAINAGE DITCH Repaired deck grout Nov-13' 131 MCCARTY CR Cleaned and patched exposed-rebar. '-- May-13 151 1 SIGITOWITZ CREEK I Removed rust and grouted 8 feet of girder G I Apr-13 164 DAKOTA CR Cleaned and patched girder K & May-13 Abutments 204 TEN MILE CR Patched girders 2h and 2k Nov-13 235 TEN MILE CR Cleaned rebar and patched concrete in May-13 girder and abutment. 248 ANDERSON CR Grouted deck joints mm Nov-13 258 KAMM SLOUGH Patched deck picking holes Nov-13 303 SUMAS RIVER Repaired road approaches Dec-13 304 SUMAS RIVER Repaired road approaches Dec-13 306 SUMAS RIVERS Repaired road approaches _ Dec-13 408 SMITH CR Completed patching of spalled areas May-13 507 LUMMI ISLAND rFERRY 'SLIP Installed counter weight cables Aug-13 507 LUMMI ISLAND FERRY SLIP Realigned running sheaves Aug-13 Page 12 of 21 434 Glossary of Bridge Terms Abutment -a substructure supporting the end of a single span, or the extreme end of a multi -span super -structure and, in general, retaining or supportingthe bridge approach fill. Approach span - the span or spans connecting the abutment with the main span or spans. Back wall -the top -most portion of an abutment functioning primarily as a retaining wall to contain approach roadway fill. Beam -a linear structural member designed to span from one support to another. Bent -a supporting unit of the beams of a span made up of one or more column or column -like members connected at their top -most ends by a cap, strut, or other horizontal member. Box Girder -a support beam that is a hollow box; Its cross-section is a rectangle or square. Bracing -a system OP tension or compression members, or a combination Of these, connected to The parts to be supported or strengthened by a truss or frame. It transfers wind, dynamic, impact, and vibratory stresses to the substructure and gives rigidity throughout the complete assemblage. Can also refer to diagonal members that tie two or more columns of a bent together. Cap -the horizontally -oriented, top -most piece or member of a bent sewing to distribute the beam loads upon the columns and to hold the beams in their proper relative positions. Cast -in -Place - concrete poured within form work on site to create a structural element in its final position. Catwalks -temporary foot bridges, used by bridge inspection personnel. Basic Bridge Parts 1 SuPlnRSTRuCTUREn 4n� AMOACM Page 13 of 21 435 Chord - in a truss, the upper -most and the lower- most longitudinal members, extending the full length of the truss. Column -a vertical structural member that transfers dead and live load from the bridge deck and girders to the footings or shafts. Column crosses brace -transverse brace between two main longitudinal members. Compression - a type of stress involving a pressing or squeezing together; tends to shorten a member; opposite of tension. Culvert - a pipe or small structure used for drain- age under a road, railroad or other embankment. A culvert with a span length greater than 20 feet Is included in the National Bridge Inventory and Receives a rating using the NBI scale. Dead 1 o a d - a static load due to the weight of the structure itself. Deck -the roadway portion of a bridge that provides direct support for vehicular and pedestrian traffic. Deck bridge - a bridge in which the supporting members are all beneath the roadway. Deck truss - a bridge whose roadway is supported from beneath by a truss. Diagonal - a sloping structural member of a truss or bracing system. Elastomeric pads -rectangular pads made of neoprene, found between the sub -structure and superstructure that bears the entire weight of the superstructure. Elastomeric pads can deform to al- low for thermal movements of the superstructure. End wall -the wall located directly under each end of a bridge that holds back approach roadway fills. The end wall is part of the abutment. Expansion joint -A jointdesigned to provide means for expansion and contraction movements produced by temperature changes, load, or other forces. Fatigue -Cause of structural deficiencies, usually due to repetitive loading over time. Footing -The enlarged, lower portion of a sub- structure that distributes the structure load either to the earth or to supporting piles; the most common footing is the concrete slab; "footer" is a colloquial term for footing. Fracture critical member -a member in tension or with a tension element whose failure would probably cause a portion of or the entire bridge to collapse. Girder -amain support member for the structure that usually receives loads from floor beams and stringers; also, any large beam, especially if built up. Hanger - a tension member serving to suspend an attached m e m b e r. Hinge - a point in a structure at which a member is free to rotate. Live load -vehicular traffic, wind, water; and/or earthquakes. Lower chord -the bottom horizontal member of a truss. Main beam -a beam supporting the spans and bearing directly onto a column or wall. 436 Page 14 of 21 Member —an individual angle, beam, plate, or built piece intended to become an integral part of an assembled frame or structure. Oscillation -a, periodic movement back and forth between two extreme limits. An example is the string of a guitar that has been plucked. Its vibration back and forth is one oscillation. A vibration is described b y its size (amplitude), its oscillation rate (frequency), and its timing (phase). In a suspension bridge, oscillation results from energy collected and stored b y the bridge. If a part of the bridge has to store more energy than it is capable of storing, that part will probably fail. Pier — a structure comprised of stone, concrete, brick, steel, or wood that supports the ends of the spans of a multispan superstructure at an intermediate location between abutments. A pier is usually a solid structure as opposed to a bent, which is usually made up of columns. Pile — a linear (vertical) member of timber, steel, concrete, or composite materials driven into the earth to carry structure loads into the soil. Pile bent —A row of driven or placed piles with a pile cap to hold them in their correct positions; see 'Bent." Plate girder —a large, solid web plate with flange plates attached to the web plate by flange angles or fillet welds. Typically fabricated from steel. Post or column —a member resisting compressive stresses, in a vertical or near vertical position. Pre -cast girder —fabricated off site of Portland Cement Concrete, reinforcing steel and post- tensioning cables. These girders are shipped to the construction site by truck and hoisted into place by cranes. Reinforced concrete —concrete with steel rein- forcing bars bonded within it to supply increased tensile strength and durability. Scour -erosive action ofremoving -streambed material around bridge substructure due to water flow. Scour is of particular concern during high- water events. Short span bridge -these bridges have a single NBIS span length of 20 feet or less. They are typically supported by timber p i l e s or shallow concrete footings. Soffit —the underside of the bridge deck or sidewalk. Spall — a concrete deficiency wherein a portion of the concrete surface is popped off from the main structure due to the expansive forces of corroding steel rebar underneath. This is especially common on older concrete bridges. Span —The distance between piers, towers, or abutments. Steel -A very hard and strong alloy of iron and carbon. Stringer —a longitudinal beam (less than 30 feet long) supporting the bridge deck, and in large bridges, framed into or upon the floor beams. Sufficiency rating -the sufficiency rating is a numeric value from I00 (a bridge in new condition) to 0 (a bridge incapable of carrying traffic). The sufficiency rating is the summation of four calculated values: Structural Adequacy and Safety, Serviceability and Functional Obsolescence, Essentiality for Public Use, and Special Reductions. Page 15 of 21 437 Substructure — the abutment, p i e r s, grillage, or other structure built to support the span or spans of a bridge superstructure, and distributes all bridge loads to the ground -surface. _Includes abutments, piers, bents, and bearings. Superstructure — the entire portion of a bridge structure which primarily receives and supports traffic loads and in turn transfers the reactions to the bridge substructure; usually consists of the deck and beams or, in the case of a truss bridge, the entire truss. Tension — type of stress involving an action which pulls apart. Tie — a member carrying tension. Torsion —a twisting force or action. Truss bridge — a bridge having a pair of trusses for the superstructure. Upper chord -the top longitudinal member of a truss. Web -the portion of a beam located between and connected to the flanges. Welded joint — a joint in which the assembled elements and members are united through fusion of metal. Wheel rail —a timber curb fastened directly to the deck, most commonly found on all -timber bridges. Wing wall -walls that slant outward from the corners of the overall bridge that support roadway fill of the approach. OR-61 Page 16 of 21 Page 17 of 21 439 Page 18 of 21 ME Page 19 of 21 441 Page 20 of 21 442 Page 21 of 21 .. a C 01;Zelcf INTRODUCED: 9/16.12D 14 RESOLUTION NO. WHATCOM COUNTY SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2015 THROUGH 2O20 WHEREAS, pursuant to RCW 36.81.121, Whatcom County is required to prepare and approve a Six -Year Transportation Improvement Program each year; and WHEREAS, pursuant to RCW 36.54.015, Whatcom County is required to prepare a Fourteen -Year Ferry Capital Program each year; and WHEREAS, following approval of the Six -Year Transportation Improvement Program, the law required an annual review of the work accomplished under the program and a determination of current transportation needs; and WHEREAS, based upon the findings of the annual review, and after a public hearing, a revised Six -Year Transportation Improvement Program shall be approved; and WHEREAS, pursuant to RCW 36.81.121, the Six -Year Transportation Improvement Program and Fourteen -Year Ferry Capital Program must be consistent with the County comprehensive plan pursuant to RCW 36.70A; and WHEREAS, the Six -Year Transportation Improvement Program attached hereto as Exhibit "A" has been reviewed and determined to be consistent with the County's comprehensive plan; and WHEREAS, the Fourteen -Year Ferry Capital Program attached hereto as Exhibit "B" has been reviewed and determined to be consistent with the County's comprehensive plan; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council as follows: Page 1 I I I 1. That the Whatcom County Six -Year Transportation Improvement Program for the years 2015 through 2020, which is attached hereto as Exhibit "A", including the capital elements of the first six -years of the Fourteen -Year Ferry Capital Program, which is attached hereto as Exhibit"B", is hereby approved. - - 2. That the County Engineer is directed to file a copy of the same with the County Road Administration Board and the State Secretary of Transportation. APPROVED this day of , 2014. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Dan Gibson, Chief Civil Deputy Prosecutor Page 2 Carl Weimer, Chair of the Council MR, T -/' Washington State Department of Transportation it ff ff Six Year Transportation Improvement Program Agency: Whatcom County From 2015 to 2020 Co. No.: 37 Co. Name: Whatcom Co. DRAFT - Nearing Date: Adoption Date: City No.: 0000 MPO/RTPo: NpN1WCCG Amend Date: Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded c a A. PIN/Federal Aid No. B. Bridge No. d m Fund Source Information - Expenditure Schedule Projects Only 1 Y o @ C. Project Title o d 0 i Federal Funding __._ (Local Agency) .o z D. Street/Road Name or Number 5, _ i�/Vti ? Qj- y = 5 Phase Federal Federal State 4th Required E. Beginning MP or Road - Ending MP or Road r° ° Start Fund o Cost b Y Fund State Local Total Thru Envtr. Date F. Describe Work to be Done a` ';(mrrvddfyyyY) Code : Phase ;Code - Funds Funds ! Funds 1st 2nd 3rd 6th T ype (MM/?'n 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 : 21 07 1 12 S 0.30 C PE . 111121115 50 50 50 Birch Bay LYnder,Road/ Portal Way 05 G CN. 1!1/2015 STP{R} iQO� 100 100 CE -. 21580 / 30410 03 Q from. to. 'Sonal;zat�on 06 P - S T W Totals too so isa 150 17 2 12 S 7.58 T P£ 1/1120?5 STP 1000 1000 2000 900 300 800 -Birch Bay Dnve&Pedestrian Facility 05 RW 1/l,'2015 155G 1550� 300 900 350 CE zeal 0 C CN 5/l/2016 7900 790CI 800 7100: Yes 32 I from. Lora Lane to: Cedar Avenue 06 W t Peoestaan 8 non-motorzed enhancements S 11112016 __- Totals 1,000 10450 17450 7200 2000 8250 17 3 03 S o.10 W PE//112015 _.50 50 50 p so Birch Bay Dnve, Embankment Repair 07 T CN 7/1120, 2oa zao 2ao 20010. rear Lora Lane 12 g '?rom: 2.68 to 2.78 P Emoankr:ent reaa;r C Totals 250 250 250 17 4 05 S 1,50 C PE 1/1/2015 - 200 2001 200 Lake Whatcom Boulevard. Re -Surfacing 07 -, G CN 61/2015 1300 1300 1300 44120, Cable Street to Strawberry Point P from. 0.21 to 1-71 s �aveme�.t renabi ;at ;n W Totals 1500 1sGO 1500 17 5 12 p 150 C PE 1f1f2015 250 250 50 200 Lake Whatcom Boulevard, Water Quaility Improvements 06 G CE 44120. Cab?e Street to Strawberry Point 13 O Yes from 0.21 to. 1.71 P Water Qual!ty : Stocm Water improvements. T' W _ Totals 250 250 50 200 12 P 040 c 1 PE 11Tt205 _ 2so _.._._ 25e ( 50 zoo- , Slater Road & Northwest Dnve 03 (, 14760174050 06 P from'. to '.. T Intersec:Von;rnorovements. `N - _ Totals 250 250 So zoo Report Date 446,ber 2 2014 Page 1 v. 5.7 - Supersedes previous editions Washington state'oepartment of Transportation Six Year Transportation Improvement Program Agency: raft Whatcorn County -- From 2015 to 2020 Co. No.: 37 Co. Name: Whatcom Co. _ City No.: 0000 iNPO/RTPO: NONNVCCG Hearing Date: Adoption Date: Amend Date: Resolution No.: Project identification Project Costs in Thousands of Dollars — A. PIN/Federal Aid No. S. Bridge No. g c F Fund Source Information Expenditure Schedule Pe Federally Funded Projects Only o C. Project Title m d _ Federal Funding (Local Agency) —` G Z D. Street/Road Name or Number o a _ a a - NV R E. Beginning MP or Road - Ending MP or Road a�- E r° = o Phase Start Federal Federal State Fund Cost by Fund State Local Total 4ih Required Envir Date F. Describe Work to be Done -" c (mrNddlmy) Code Phase Code Funds Funds Funds 1st 2nd 3rd 6thThr Type (M yr i 2 3 4 5 6 7 8- 9 10 11 : 12 13 14 15 16 17 18 19 20 21 00 7 : 12 S PE 1/1/2015 SC ' 50 50 ! Roadway Frost Depth Detectors : 611/2016 '.. �' ': 200 200 200st from: to Various locations Totals _ 250 250 50 zoc 08 8 03 P 0.30 c PE 111r2015 _-- 3 0 30 30 Lummi View Drive Bank Stabilization 07 P 12780 _ T Yrom. to. W SLde repay S Totals PE 1/112018 16 9 03 P 2.87 p North Shore Road, Bellingham City Limits to Y Road 12 ''. T !47051 13 'from. 0.00 to, 2.87 Roadway surface, safely ana stomwater improvements Totals 07 10 12 r PE : 6/1/2015 Lummi Nation Transportation Projects 03 T RW : 611/2015 06 W CN 611 r2015 from to S Varcus tccatcrs on Reservaton 07 P 32 G _ Totals 00 11 06 S 0.25 P PE 111t2015 "-;Point RobertsoTransportation Improvements CN 6/1/2015 32 T W from: to C Project iccator, tc be deteimMed in 2015 ..___ Totals 07 12 07 P 3.25 P PE 111/2019 (East Smith Road. Everson Goshen Road to SR 542 : T i55080 'from: 4.98 to: 8.23 Pavement rehabilitation. Totals Repot Date September 2, 2014 Paoe 2 30 _ 30 30 10v 10 0 10 10 — 700 _..___.._ 700 --- 700 300 3001 3001 3000 3000 3000 4000 -- 4000 4000 ..... ... - — 270 270 50 50 170 730 730 100 100 '530 10 �^Washington State Department of Transportation If Agency: Whatcom County — — Co. No.: 37 Co. Name: Whatcom Co. City No.: 0000 MPOIRTPO: NON/WCCG Six Year Transportation Improvement Program Draft From 2015 to 2020 Hearing Date: Adoption Date: Amend Date: Resolution No.: Project Identification Project Costs in Thousands of Dollars --.._.. Federally Funded A. PINtFederal Aid No. B. Bridge No. c m Fund Source Information Expenditure Pe rJCtiedUl@ Projects Only a ll = C. Project Title 1 m E y w c o —._ (Local Agency) o o E } c 2 � o t Federal Funding RJVV n U ti Z D. Street/Road Name or Number c� A Phase Federal Federal State Required ' E. Beginning MP or Road - Ending MP or Road £ �° N Stan Fund Cost b Fund State Local Total 4th hr Envir Date F. Describe Work to be Done d (mmddyYYy) Code Phase Code Funds : Funds Funds 1st 2nd 3rd Type (MM/yy) 1 2 3 4 5 6 7 8 ! 9 10 11 12 13 14 15 16 17 i8 13 20 21 07 13 Q5 G.55 P PE 1l1l2015 STP(R) 130 180 310 300 10 Slater Road intersections 12 T RJV i11,20i5 "- 100 1' 100. CE 14760 C CN Si12015 STP(R) 870 - 1360 ! 2230 2190 !, 40 Yes 07 from: to 'Instal: 06 W tum lanes at Imhof Road and Femdale Road 311/2015 Totals 1,000 1640 2640 2590 50 07 14 12 S 0.4 C PE 111/2015 170 170 100 70 East Smith Road 8 Hannegan Road 07 G CN 6/1/2016 330 330 330 '.. -: 55080155110 P (from: to T . " interseccon imoroveme��ts. — - - -- Totals — 500 500 100 400 00 15 01 P 2.00 C PE 1r112015 50 50 50 Slater Road Connector. Northwest Onve to SR 539 G O from to. P . ',. New roadway S T W Totals 16 16 03 P 0.39 C PE/11/2018 Slater Road. 15 Interchange to d. 10 m. east of Pacific Highway G 14760 0 from 7.26 to 7.65 P i Recanstrucnon '.. S W Totals 07 17 Q] S 4.34 PE 11112015 Hannegan RoadBellingham City Limits to Hemmi Road CN 511f2015. - 155110 from. 1.71 to: 6 05 Stru-=ral ovenay Totals 07 18 07 P 2 C0 _ PF 111/2017 'North Enterprise Road, Narksetl Rd to Birch Bay Lynden Rd - CN 611/2017 , :32980 'from_ 0.00 W 2.00 Pavement rehabaitabon. - _ -- ----- — ---- Totals RAP 900 50 501 5 5 40 50 950 950 -900 100 1000 ._ .._.._..5 5 990 Report Date. -S4-ber 2.. 2014 Paqe 3 v. 5.7 - Supersedes previous editions MPWashington State Department of Transportation Agency: Whatcom County Co. No.: 37 Co. Name: Whatcom Co. City No.: 0000 MPOIRTPO: NONFlNCCG Six Year Transportation Improvement Program Draft From 2015 to 2020 Hearing Date: Adoption Date: Amend Date: Resolution No.: Project Identification Project Costs in Thousands of Dollars - Federally Funded a1 A. PIN/Federal Aid No. B. Bridge NO. g m A d � Fund Source Information on Expenditure Schedule Projects Only g U _, c' o — C. Project Title I - E H ."5 H r Q g v m c __--- Federal Funding (Local Agency) — U n Z D. Street/Road Name or Number a� - a - -- Rl�l o Phase Federal Federal State 4t? Required E. Beginning MP or Road - Ending MP or Road o Stari Fund Cosi by Fund State Local Total Envir. Date F. Describe Work to be Done a (mmvdd/ yyYy1 : Code Phase Code Funds Funds Funds 1st 2nd 3rd Thru 6th r ype (M+M/yy) 2 3 4 5 6 7 16 17 18 19 20 21 8 9 10 11 12 13 14 15 07 19 03 P z.o1 P PE 1i112017 5 S 5 West Badger Road. Sunrise Road to Markworth Road 05 T 32780 from. 0.86 to 2.87 Reconstr ction — Totals s 5 -. -- -- — - -- 07 20 03 P 2 85 PE 1/l/2018 5 g _. " --- Portal Way. Birch Say Lynden Road to Fans Road 05 - 30410 from 5.58 to 2 73 ; Sr:a,�rai evertay . —__ Totals 00 21 01 P 0.70 C PE 1;112016 Horton Road Connector, Northwest Drive to Aldrich Road P T from-. to; W : tiew rcaaway ', '_ - Totals 16 22 32 S G 10 PE 1/1/2015 - -Marine Drive/BNSF Trait RVV 12790 CN 6f15/112015 /2016 from 3.70 to:3.80 I Tra:i Totals 09 23 03 S OzG P PF i/1!2o15 -- jTurkrngtonRoad/ Jones Creek 06 : t RW 1/tr2076 89200 C ;from. 0.4 to:0.6 Road grade Pnodificaton and creek channeltzat:on. __.1/v2019 09 24 01 P - 1.00 C PE Lincoln Road -11. Harborview Road to SR 548 (Blaine Road) 03 P 26190 T from-. 0,00 to. 1.00I '.. S Reconstrucuon and new road non-motonzea enhancements ! W Totals 5 5 60 60 10 10 180 180 250 450 50 5 40 20 _ 10 180 250 50 200 450 300 i50. Sol 50 500 500 300 200 5 5 Report Date September 2, 2014 Pace 4 v. 5.7 - Supersedes prevt�uS editions Washington State Department of Transportation Six Year Transportation Improvement Program Agency: MI atcorn County Draft From 2015 to 2020 Co. No.: 37 Co. Name: VVhatcomCo. Hearing Date: Adoption Date: City No.: 0()00 MPO/RTPO: NC)N=CCG Amend Date: Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded A. PIN/Federal Aid No. B. Bridge No. a) Fund Source Information Expenditure Schedule Projects Only o 2 E C. Project Title r 0 0 Q M Federal Funding (Local Agency) z D. Street/Road Name or Number 0 R/W u- Phase Federal Federal State 4t h Required E. Beginning MP or Road - Ending MP or Road Start Fund Cost by Fund State Local Total Thru Envir Date F. Describe Work to be Done (mrnlddlyyyy) Code Phase Code Funds Funds Funds 1st 2nd 3rd 6th Type (Mm/y-y) 2 3 4 5 6 i 7 8 9 10 11 12 13 14 15 ----- ------ 16 17 18 19 20 21 16 25 03 P 051 C FIE 1/1!2018 Marine Drive. McAlpine Road to Alderwood Avenue 12 G 06 from: 4.43 to 3.92 13 S T Rezonsturctor & bic-de'Pedesmar. facfit�es w Totals 5 5 5 16 26 03 P 0,55 C FIE 1/112019 77 5 r 5 Marine Drivefl. Alderwcod Avenue to Bridge No 172 G 12790 P ;from: 3.92 to, 3 37 S Reconstnxtion & bicycietpecestnan faciiites T W Totals 5 09 27 07 P 0.25 T PE 11112015 so 501 50. Innis Creek Road P 88850 from 0 00 to 015 ? Raise roadway. - -----Totals 50 50 50 19 28 13 P 010 C FIE 1/112019 5 5 F- 5 Larrabee Road Flood Prevention P 73800 T ram to. P;oad prevention 8 stream restoration Totals ---- — 5 5 5 00 29 12 P C PE 11112015 Discretionary 56 — —- — -------- 14 70 70�, County Roadway Safety Pro, Program 06 G CN I I 112015 Discretionary 544 136 680 680 CE 'Various 0 No from to ;Various safety imorovemems T W Totals 600 150 750 750 09 30 09 S aw P PE 1/l,"2015 BR 680 70 8501 � 800 0 Potfier Road/ South Fork Nooksack River, Bridge No. 148 T CN 111/2015 BR 4040 r 110 0501 5000, 50 CE 'from: 0.85 to 1 15 Reoi cement I Totals 4,720 17so 5900 5800 100 A Report Date. r-BIDGkber 2, 2014 Facie 5 v. 5.7 - Supersedes previous editions MWWashington State Department of Transportation Six Year Transportation Improvement Program Draft Agency: Whatcom County From 2015 to 2020 o. No.: 37 Co. Name: Whatcom Co. -......._.— —. ........... City No.: - - - 0000 MPOIRTPO: NONtWCCG Hearing Date: Adoption Date: Amend Date: Resolution No.: Project identification Project Costs in Thousands of Dollars -- --- — Federally Funded - A. PIN/Federal Aid No. B. Bridge No. g o © tv Fund - Source Information Expenditure Schedule p Pro Projects Only e u _T .o C. Project Title I _ E H c ' o m s _ Federal FundingR T- _. (Local Agency) W t� Z D. StreetlRoad Name or Number a� co - ' = ° - - - — ... 2 0 Phase Federal Federal State 4,h Required E. Beginning MP or Road - Ending MP or Road E o Start Fund Cost by Fund State Local Total Envir. Date F. Describe Work to be Done Q (mm dd yyyyl Code Phase Code Funds Funds Funds 1st 2nd 3rd Thu 6th Type (MMYY) 3 4 ! 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 07 31 10 S- 0.20 P PE 1/112015 BR 110 110 110 Stater Road 1 Nooksack River. Budge No. 512 C CN 611,12015 : BR 1590' i590 1590 14760 5,84 to 604 Paining Totals — 1.700 1700 ............. _._-_---- 1700 16 32 10 P 0.1 o C PE 1/112015 20 20 _ 20 Manne Drive / Li'ttle Squalicum. Bnd e No 1 G - 12790 P from. 5.24 to 5 34 S Rehabi'etation T 07 33 Nannegan Road/ Nooksack River. Budge No. 252 55110 from 1t10 to 11.20 Scour M;tlga5on. 07 34 09 S o 10 P —14- South Pass Road/Saar Creek. Bridge No. 212 T CN 611/2016 'from'. v7 40 to 7.50 '.. - —_--- Totals 07 35 — _ PE-111/2015 10 S : 0.20 P CN 1/�l2015 Portal Way/ Dakota Creek, Bridge No. 500 T from: 9.00 to. 9 20 W Seismic retrofit Totals 08 36 09 ! P 0.10 P PE 111/2019 i Jackson Road/ Terrell Creek, Bridge No. 81 T 21950 C from. 0.00 to, 0.10 W Rapiacement -- - _ Totals BR 100 BR "2600 --- 2,700 ReportDate September 2 2014 Paoe 6 20 20 20 17 20 ': 20 20 CE 203 203 20 240 240 75 75 50 25 700 700 700 775 775 50 725 100 too 2600 2600 2700 2700 5 5 - v. 5.7 - Supersedes prAb%l editions CE Washington State Department of Transportation -J' Six Year Transportation Improvement Program Draft Agency: WhatcGm County From 2015 to 2020 Co. No.: 37 Co. Name: Whatcom Co. City No.: - -- 0000 MPOIRTPO: NON/WCCG - Hearing Date: -- Adoption Date: --- -- Amend Date: Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded T A. PiNtEederal aid No. B. Bridge No. d m a Fund Source Information Expenditure Schedule Projects Only o .o C. Project Title _ a N _ Federal Funding _ _ (Local Agency)J v t3 Z D. Street/Road Name or Number Q T - - �— tt n- y _ Phase Federal Federal State 4th Required E. Beginning MP or Road - Ending MP or Road �° ° Start Fund Cost b Fund State Local Total Envlr. Date F. Describe Work to be Done d (-rwdd/yyyy) Code Phase Code ,Funds funds : Funds 1st rend 3rd 6hh Type (MMIYY 1 ! 2 3 4 5 6 / 8 9 10 11 12 13 14 15 16 17 18 19 20 21 08 37 09 P 0.10 - PE 1/112017 ':. 5 ! 5 5 Mosquito Lk Rd / Porter Creek, Bridge No. 141 : II C - 84190 P from 9 55 to. 9.65 jReniacemeni I '... : I Totals 5 5 0$ 38 10 P 010 P PE, 1l1r20,5 90 So 50' _ North Lake Samish Road / Bndge No. 107 C 44170 'I T 'ram: 0.01 to:0.11 Deck rehebill:a^on Totals so 50 50 07 39 09 P 0.10 PE 111/2015 ---_.. 29 25 25 Hannegan RoadJBridge No. 235 T' I 55110 C - from. 6.76 to: 6,86 :Replacement Totals 25 25 25 09 40 09 P 0.10 T PE 1r1120r, 20 2 20 : Roberts RoadlAnderson Creek Bridge No. 249 P ' ' - 56210 from. 0. 15 to: 0.25 '.. Replacement ', _ Totals 20 20 20 09 41 09 P 0.1G : P PE ;20t5 40 : dC 20 20 : Massey Road/ Sumas Rover, Bndge No. 291 ': ! : 65700 from 130 to: 1.40 : ReFlacemen; ' ' I _.. Totals 40 40 20 20 08 42 09 P 020 P PE 111/2015 20 ! 201 20 Mosquito Lake Road/ N. Fork Nooksack River, Bridge No. 332 84190 0 from 13.60 to 13 80 !. Rehabastanon r Replacemect study. Totals 20 20 20_ Report Date 3tWaUber2,2014 Paoe 7 v. 5.7 - Supersedes previous editions --P' VZF Washington State Department of Transportation tt i Six Year Transportation Improvement Program Agency: Whatcom County Dralft From 2015 to 2020 Co. No.: 37 Co. Name: Whatcom Co- ------------ - City No.,: 0000 MPO/RTPO: NONJWCCG Hearing Date: Adoption Date: Amend Date: Resolution No.: Project Identification Project Costs in Thousands of Dollars A. PIN/Federal Aid No. B. Bridge No. z 0 0 a) Fund Expenditure Schedule Federally Funded Projects Only Source Information 0 Z* .2 E C. Project Title E 0- > Federal Funding (Local Agency) z D. StreeVRoad Name or Number 2 � � .1 1 - RM E. Beginning MP or Road - Ending MP or R Road CL E — 0 Phase Start Federal Federal Fund Cost by State te Fund State Local Total 4th Required Envir. Date F. Describe Work to be Done a: ',(mrrVddlyyyy) Code Phase Funds Funds Code Funds 1 st 2nd 3rd Thru Type MM/y-y) 6th 2 3 4 5 6 7 8 : 10 1 .......... 12 13 14 15 16 17 18 19 20 21 07 43 09 P 020 T PE 1/1/2016 20 20 20 W Badger Road Bertrand Creek Bridge No 5o P 32780 from: 4.76 to 4 96 Repiacemem: Totals - ... 20 20 20 08 44 10 P 0.20 P PE 111/2016 . .. . ..... 20 20 Goshen Road lAnderson Creek, Bndge No. 248 T 56140 from 0.56 to, 0.76 Rehabi;tmon and sedimentation CC troi Totals . . . ....... ....... 20 20 20 07 45 10 P 0.20 P PE 1/112015 Slater Road/ Nooksack River, BncIge #512 11 14760. Overheight Detectjon T from 5,84 to 5.04 Ove,'helghtdetectonmammg system Totals 30 30 30 00 46 06 P PE 1/l,'2015 5 5 5 Refurbish Upgrade of the Whatcom Chief from: to 00 47 , Ferry Dock Improvements from: to 00 48 Replacement of Whatcom Chief New ferry from, to, 06 S 06 P Totals PE 1/1/2015 CN 5/112016 Totals PE 111/2017 Totals 5 5 5 350 350 150 10C 1650 1650 1 140C 50 501 25 2000 2000 150 1500 50 1—o 10 10 10 10 10 300 Report Date. September 2. 2014 Pace 8 v. 5.7 - Supersedes preAQ editions Washington State Department of Transportation Six Year Transportation Improvement Program Draft Agency: Whatcom County _ From 2015 t0 2020 Co. No.: 37 Co. Name: Whatcom Co. — --- — - City No.: 0000 MPO/RTPO: NON=CCG - Hearing Date: Adoption Date: -- — ---- - Amend Date: Resolution No.: Project identification Project Costs in Thousands of Dollars Federally Funded T A. PINIFederal Aid No, B. Bridge No. © m m Fund Source Information Expenditure Schedule P o, • rojects Only o `@ ` fl `2E, C. Project Title 1 '� � m a ° � _ Federal Funding (Local Agency) c� Z D. Street/Road Name or Number 'o a _J a a R W a� d = Phase Federal Federal State 4th Required E. Beginning MP or Road - Ending MP or Road g g 9 f°- 5 ° o Start Fund Cost by Funtl State local Total Thru Envir Date F. Describe Work to be Done a (m�dd/yyyy) Code Phase Code Funds Funds Funds 1st 2nd 3rd Type (M04/YY) 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 24 21 00 49 0Q S 050 " PE 1 M 12015 300 300 50 50 50 150 ' Vanous Bndoes Rehabilitabon / Replacement 10 CN 1/1/2015 - 1500: 1.500 250250 250 750 from. to: As G"icnhzed Totals 1800 1800 300 300 300 900 00 50 07 P 2.0 PE 1/1/2017 50 50 50 'Subdivision Overlays CN 6/1/2017 '. 450 450 450 - from '.vancusiccaecns -- -- Totals 500 500 Soo 00 51 07 10 PE 1/1,2017 120 -- ?20 30 90 Structural Overlays CN 6/12017 1080 1120 230' 810 from* to: '... Vanous :ocatons Totals 1200 1200 300 900 00 52 S RW1/1,,12015 ' 8018 =' 0 "1 5 5020 ' 60 Right of Way Acquisition ',. I from: to: Vancus iccat:cns j Totals 180 180 50 50 20 60 00 53 01 S PE 1/1/20,5 180 180 30 30 30 90 UnanDcipated Site Improvements 02 CN 1/12015 1620 1620 270 270 270 810 03 from: to: 04 - 06 12 Totals 1800 1800 300 300 300 900 �� 54 - 06 PE 1/1!2015 145 145 1,C 5 30 10 Stormy✓ater Quality lmpmvemenas 13 13 `S CN 11,2016 405 405� 45 120 240 from to . Various iocaticns __ Totals — 550 550 100 50 150 250 Report Date -3��ber 2. 2014 Paae 9 v. 5.7 - Supersedes previous editions Washington state Department of Transportation Six Year Transportation Improvement Program Agency: Whatcom County raft From 2015 to 2020 Co. No.: 37 Co. Name: Whatcom Co. — City No.: 0000 MPOlRTPO: NONNVCCG Hearing Date: Adoption Date: Amend Date: Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded Funded a A. PINfFederal Aid No. B. Bridge No. c 15 „ a N Fund Source Information Expenditure Schedule F Protects y o -Q C. Project Title m o v @—...___ -- s Federal _ Funding (Coca! Agency) __... v Z D. Street/Road Name or Number y 1' '� r R/W Phase Federal Federal State 4th Required E. Beginning MP or Road - Ending MP or Road �°- Start Fund Cost b Fund State Local Total Envir Date F. Describe Work to be Done --- a tmnvddlyyyy) Code Phase Code Funds : Funds Funds ?st 2nd 3rd Thn� 6tt Type tMM/1 Y? 2 3 4 ! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 00 55 O6 ! PE 1/1/2015 60 60 10 ; 10 10 30 Non -motorized Transportation Improvements 12 CN 51//2015 540 S40 9C 90 90 270 32 omto Various rotations _.- -... Totals 600 600 100 100 100 300 00 56 13 P PE i/1:2015 420 - 42 1100 40 100 180 Fish Passage Project cN vv2a17 1080 1080 360 720 from. to Various locations Totals 1500 1500 100 400 100 900 00 57 12 S PE 111,12015 25 251 5 - -5 5 i0 Railroad Crossing Improvements 07 CN 1/112015 95 95 15 15 15 50 from to Varous l.cations '.. Totals 120 120 20 20 20 60 00 58 12 S PE 1/t/201.5 30 30 5 5 5 15 Neighborhood Traffic Calming CN 1/1/2015 : 270 270 45 : 45 45 ' 135 - from Varous ioauons _ TotaiS 300 50 15o 300 50 50 Grand Totals for Whatcom County 12,040 905 36,115 49,060 25155 7265 11.345 5.295 Report Date. September 2 2014 Pace 10 v. 5.7 - Supersedes pre editions WHATCOM COUNTY i / i AMI 2: 1 0 W Ztelel WA 456 Overview This program provides a blueprint for the effective, efficient, and continuing operation of the Whatcom County Ferry System within existing financial constraints. Capital improvements are scheduled based on many years of experience operating and maintaining the system, while complying with applicable regulations. Inevitably, priorities and available funds for the ferry system will change over the fourteen years projected in this program. Therefore, the intention of the program is to be a guide indicating long-range improvements and anticipated revenues and expenditures. Strict adherence is not required. Enacted in 1975, Revised Code of Washington (RCW) 36.54.015 states "The legislative authority of every county operating ferries shall prepare, with the advice and assistance of the county engineer, a fourteen year long range capital improvement plan embracing all major elements of the ferry system. Such plan shall include a listing of each major element of the system showing its estimated current value, its estimated replacement cost, and its amortization period." Table 1: Ferry System Current and Replacement Values — 2011 meets applicable requirements, showing the current value, replacement cost, and amortization periods for the vessels and facilities. The current value of the M/V Whatcom Chief is the book value, calculated from the depreciated original construction cost and any depreciated improvements/major repairs. The facilities' current value is book value; original cost less depreciation plus depreciated improvements. This schedule will be updated in September 2014 during dry dock. RCW 36.81.121 (1) states "...the legislative authority of each county, after one or more public hearings thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years .... and for those counties operating ferries shall also include a separate section showing proposed capital expenditures for ferries, docks, and related facilities. Copies of the program shall be filed with the county road administration board and the secretary of transportation not more than thirty days after its adoption by the legislative authority..." Subsection (2) requires expanded information on how a county will spend all its money on the various facets of the transportation program. This RCW Section was enacted in 1961. The capital expenditure portion of Subsection (1) is satisfied by: Table 2: Projected. Revenues defines the known and/or anticipated sources of operating and capital project funding for the 14-Year Plan. 457 Table 3: Projected Expenditures includes all other expenditures on the system that meet Subsection (2) requirements. Operational expenditures are delineated between vessel and non -vessel costs. U.S. Coast Guard regulations currently require the ferries to be dry-docked every two years, however to extend the life, improve reliability and protect our capital investment Whatcom County schedules dry-docking every year for its vessel. The landings are inspected regularly as required by the National Bridge Inspection Standards administered through the Washington State Department of Transportation. The inspection report helps identify and schedule major maintenance and replacement of these facilities. This RCW section also provides the reporting requirement and timing of program submission, as well as establishing the annual update requirement. Additionally, the Federal Highway Administration requires all agencies within a Metropolitan Planning Organization to develop and annually update the long range Transportation Improvement Plans and their Biennial Element. Whatcom County updates this 14-Year plan each year and incorporates the results into the Six -Year Transportation Improvement Program. Major Project Analysis Gooseberry Point dock improvements include electrical system upgrades and terminal painting which are in the preliminary planning stages for 2018. In 2019, preliminary plans will be developed for the replacement of the approach span and transfer span decks. Lummi Island dock improvements include dolphin replacement and breakwater repair which will be designed and permitted in 2015 with construction scheduled for 2016. Electrical system upgrades and terminal painting are in the preliminary planning stages for 2018. In 2019, preliminary plans will be developed for the replacement of the approach span and transfer span decks. Major Maintenance/Reconstruction Pile dolphin & fender work: Major pile dolphin and fender work replacement is scheduled as funding and operational periods allow. Vessel dry-docking: US Coast Guard regulations require periodic inspections of all ferry vessels. In addition to yearly certifications, each vessel is required to be dry-docked every two years, with an underwater hull survey required as part of the annual certification between dry dockings. Whatcom County schedules dry-docking every year. The engine overhaul, vessel painting, hull repairs, and other major and minor repairs occur during dry-docking. Propulsion engine overhauls occur every third year. Generator engines are overhauled on a six -year cycle. Engines -3 458 are replaced every ten to twelve years. Every three to five years, a vessel survey is conducted to assess the vessel's overall condition, establish the fair market value, estimate replacement cost, and provide a detailed hull strength assessment. This survey is used in part to determine the requirements for hull plating and framing replacement, and is also a requirement of the current ` insurance carrier. Minor Maintenance General minor maintenance is continual on the ferry, landings, aprons, and waiting facilities. The costs and extent of the work is unpredictable and frequently, problems must be repaired immediately upon detection. Routine maintenance such as building painting and roof cleaning is more predictable and scheduled in advance. History of the Ferry System The ferry system is the only public transportation link for the majority of Lummi Island residents and vehicles to the mainland at Gooseberry Point. Following is a brief chronology outlining the history of the Whatcom County Ferry System. YEAR EVENT 1926 Lummi Shore Road from Bellingham was completed and a ferry, the Central, owned by Whatcom County and large enough to hold six small Model-T Fords started making scheduled runs between Lummi Island and Gooseberry Point. 1929 The slightly larger Chief Kwina replaces the Central. 1950 Gooseberry Point terminal built. 1962 The M/V Whatcom Chief begins service. 1978 Lummi Island terminal is relocated. 1982 New lift mechanism installed on transfer span at Lummi Island. Gooseberry Point pier refurbished 1987 Gooseberry Point Transfer span, wing walls and dolphins replaced 1997 Major refurbishment of Gooseberry point landing accomplished 2002 20-Year Plan Phase 1 Process and report completed. 2005 Major Status Report on Ferry System 2006 Lummi Island Dock preservation project (Bearing Seats Rebuild). Major corrosion repair to vessel hull. Completed design package for a 35-car replacement vessel. Completed design package for urgent electrical/structural terminal repairs. First Rate Increase in 5 years. 2008 Rate Increase 2009 Rate adjustment -4- 459 2009 Emergency wing wall replacement on Lummi Island 2010 Emergency wing wall replacement on Lummi Island 2011 Rate increase and long term lease with the Lummi Nation 2012 Planning and design for the remote control installation at Lummi Island " and the wing wall replacement at Gooseberry Point 2013 Gooseberry Point terminal wooden wingwalls replaced with modern steel - pile supported wingwalls. 2013 Lummi Island terminal transfer span and apron remote control system installed. 2014 Gooseberry Point terminal wooden dolphins replaced with modern steel - pile supported dolphins. 460 -5 IFERRY SYSTEM CURRENT AND REPLACEMENT VALUES - 2011 ESSELS MIV Whatcom Current Statistics Chief LENGTH ft 94 BEAM ft 44 DISPLACEMENT tons 78 YEAR BUILT 1962 CAPACITY -- Passengers 100 CAPACITY -- Cars 20 CURRENT INSURED VALUE - 2011 $950,000 TOTAL CURRENT VALUE - 2011'" I Renlacement statistics YEAR 2011 CAPACITY -- Passengers 100 CAPACITY -- Cars 20 REPLACEMENT VALUE - 201 f ' $4,840,000 AL- IFACILITIES I n(.ATI()N -2011 Lummi Island Landing Transfer Span Dock Dolphins/Win wall{" Parking Lots Passenger Waiting/Office Subtotal - Lummi Island Landing Gooseberry Point Landing Transfer Span Dock North and South Win walls Dolphins/Win wall" � Subtotal - Goosebeny Point Landing YEAR BUILT 1982 1978 1978 2005 1978 $950,000 REPLACE MENT CURRENT REPLACEMENT YEAR BOOK VALUE"VALUE - 2009f5' 2022 $195,000 $1,990,000 2018 $23,000 $360,000 2018 $485,000 $1,750,000 2045 $50,000 $85,000 2018 $10,000 $25,000 $763.000 $4,210.000 $445,00011 $2 $87,00611 $1,750,000 $4 866 000 TOTAL FACILITIES VALUE 1 $2,261,000 $9,076,000 TOTAL VESSEL & FACILITIES VALUE $3,211, 000� $1� NOTES: ' Depreciated Columbia Sentinel Engineers (2011) Value plus Depreciated Improvements Appreciated Columbia Sentinel Engineers (2011) Replacement Value Replace with Steel Pilings `" Estimated using a 40-year life and straight-line depreciation (including depreciated improvements) 51 Replacement value based on cost estimates by Art Anderson Associates (2009) 1987 2027 1997 2037 2009,2010 r20�37,2038 1997 2037 $640,00 $1,498,00 6 461 Lummi Island Ferry 14-Year Capital Program _ TAII $ in 000's Revenues 2015-2021 Category 2015 2016 2017 2018 2019 2020 2021 Punch Card Fares (3) $ 1,107 $ 1,379 $ 1,124 $ 1,149 $ 1,177 $ 1,204 $ 1,233 Cash Fares(4) 277 345 281 287 294 301 308 (Memo 55% of Operating Cost) (1) 1,384 1,724 1,404 1,437 1,471 1,505 1,541 MVFT Deficit Subsidy 140 140 140 140 140 140 140 County Road Fund Subsidy 1,156 1,424 11172 1,197 1,224 1,251 1,280 Total Revenues 2,680 3,287 2,716 2,774 2,835 2,896 2,961 Total Expenditures (2) 2,723 4,664 2,664 2,660 3,020 2,781 2,844 Net Unfunded 43 1,377 1 (52) (113) 185 (116) (117) Lummi Island Ferry 14-Year Capital Program All $ in 000's Revenues 2022-2028 Category 2022 2023 2624 2025 2026 2027 2028 Punch Card Fares $ 1,263 $ 1,293 $ 1,325 $ 1,357 $ 1,391 $ 1,429 $ 1,462 Cash Fares 316 323 331 339 348 357 365 (Memo 55% of Operating Cost) (1) 1,579 1,616 1,656 1,696 1,739 1,786 1,827 MVFT Deficit Subsidy 140 140 140 140 140 140 140 County Road Fund Subsidy 1,310 1,339 1.371 1,402 1,436 1,473 1,505 Total Revenues 31029 3,095 3,167 3,239 3,315 3,399 3,472 Total Expenditures (2) 2,910 21975 3,046 3,116 3,191 3,273 3,345 Net Unfunded (118) (120) (121) (123) (124) (126) (127) Note 1: After Subtracting the MVFT Deficit Subsidy. Budgeted for 57% fare recovery based on historical results. Note 2: As Shown On Table 2, including capital expenditures. Note 3: Equal to 80% of Fares Note 4: Equal to 20% of Fares 462 Lummi Island Ferry 14-Year Capital Program All in 000's Table 2 Expenditures 2015-2021 Page 1 Category 2015 2016 2017 2018 2019 2020 2021 Operating Expenses Vessel Operations Personnel 1,049 1,055 1,076 1,098 1,120 11142 1,165 Fuel & Operating Supplies 663 664 684 704 726 747 770 Insurance 54 58 60 62 63 65 67 Other Operating Expenses 132 136 141 147 153 159 165 Total Vessel Operations 1,898 1.913 1,961 2,011 2,062 2,114 2,167 Other Operations Administration 285 283 289 294 300 306 312 Parking Lots Lummi Island 10 10 10 10 11 11 11 Gooseberry Pt. 10 5 5 5 5 5 6 Staging Areas Lummi Island 25 19 20 20 21 21 22 Gooseberry Pt. 8 8 8 8 9 9 9 Docks Lummi Island 47 48 45 45 46 47 48 Gooseberry Pt. 285 302 266 266 267 267 268 Total Operating Expenses 2,568 3,164 2,604 2,660 2,720 2,781 2,844 Capital Expenditures Major Vessel Upgrades 5 - 10 - - Gooseberry Point Docks 25 125 25 - Staging - - - - Parking - - - - Lummi Island Docks 150 1,500 25 125 25 - Staging - - - - Parking - - - Total Capital Program Costs 155 1,500 60 250 50 - Total Costs 2,723 4,664 2,664 2,910 2,770 2,781 2,844 -8- 463 Lummi Island Ferry 14-Year Capital Program All in 000's Table 2 Expenditures 2022-2028 Page 2 Category 2022 2023 2024 2025 2026 2027 2028 Operating Expenses Vessel Operations Personnel 1,188 1,212 1,236 1,261 1,286 1,312 1,338 Fuel & Operating Supplies 793 817 841 866 892 919 947 Insurance 69 71 73 76 78 80 83 Other Operating Expenses 172 179 186 194 201 207 214 Total Vessel Operations 2,222 2,279 21337 2,396 2,458 2,519 2,581 Other Operations Administration 319 325 332 338 345 352 359 Parking Lots Lummi Island 11 11 12 12 12 13 13 Gooseberry Pt. 6 6 6 6 6 7 7 Staging Areas Lummi Island 23 23 24 25 26 26 27 Gooseberry Pt. 10 10 10 10 11 18 19 Docks Lummi Island 50 51 53 54 56 58 60 Gooseberry Pt. 270 271 272 275 277 280 280 Total Operating Expenses 2,910 2,975 3,046 3,116 3,191 3,273 3,345 Capital Expenditures Major Vessel Upgrades - - - - - Gooseberry Point Docks - - - - - Staging - - - - - - Parking - - - - - - Lummi Island Docks - - - - - Staging - - Parking - - - - Total Capital Program Cost - - - - Total Costs 2,910 2,975 3,046 3,116 3,191 3,273 3,345 464 �� WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 224 B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori Originator: 6/9/2014 9/16/2014 Council- Intro Division Head: 9/30/2014 Council Dept. Head: Lo ` Prosecutor: VAA Purcl7asin Budget: Executive: TITLE OF DOCUMENT. Resoluton to accept petition and poll book and order election for Drayton W.I.D. ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution accepting the petition and poll book, establishing boundaries, and ordering an election to determine formation of a proposed irrigation district in Whatcom County to be known as the Drayton Watershed Improvement District. Per 87.03 RCW, this resolution orders an election to determine if an irrigation district (to be known as the Drayton Watershed Improvement District) will be formed, sets the boundaries for the district, and approves the election process to be followed. At the hearing, council will receive evidence and may adjourn the hearing from time to time as necessary to gather additional information, not to exceed four weeks in all. After the hearing, the council will establish and define the boundaries of the district in order to "best reclaim the lands involved". Defining the boundaries is the council's main function in the process. The council must leave it to the voters to decide whether the district will be formed. The council can't modify the boundaries to exempt any territory already included in the boundaries if that territory is "susceptible of irrigation by the same system of works applicable to other lands in such proposed district and for which a water supply is available." Lands that will not benefit from inclusion in the district may be exempted. Property may be added to the district boundaries if it is shown that it will benefit from being included in the district. COMMITTEE ACTION: COUNCIL ACTION. 9/16/2014: Held to 9/30/14, written record open until 4:30 p.m. on 9/25/14 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.uslcouncil. 465 SPONSORED BY: CONSENT PROPOSED BY: CITIZEN INTRODUCED: SEPTEMBER 16, 2014 RESOLUTION NO. ACCEPTING PETITION AND POLL BOOK, ESTABLISHING BOUNDARIES, AND ORDERING AN ELECTION TO DETERMINE FORMATION OF A PROPOSED IRRIGATION DISTRICT IN WHATCOM COUNTY TO BE KNOWN AS THE DRAYTON WATERSHED IMPROVEMENT DISTRICT WHEREAS, on July 23, 2014, a petition was filed with the Whatcom County Council Office requesting that necessary steps be taken to organize an irrigation district in Whatcom County to be known as the Drayton Watershed Improvement District; and WHEREAS, the petition met the requirements for a complete petition as outlined in State law; and WHEREAS, on August 5, 2014, the Whatcom County Council was officially notified that the petition had been filed and the required bond in a sum double the amount of the estimated cost of forming the proposed district had been received; and WHEREAS, the Council's role in the district formation process is to formally accept the petition and bond, establish the boundaries of the proposed district, establish the district's name, and call for an election of the property owners residing within the proposed district boundaries to determine whether the district shall be formed and who shall serve on the district's board of directors. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the proposed irrigation district shall be known as the Drayton Watershed Improvement District. BE IT FURTHER RESOLVED that the petition requesting the organization of the Drayton Watershed Improvement District is hereby accepted as presented. BE IT FURTHER RESOLVED that the poll book, as presented, is hereby accepted and certified as being as accurate as possible using the most current data available from the Whatcom County Assessor's Office. BE IT FURTHER RESOLVED that the boundaries of the proposed district shall be as set forth in Exhibit A to this resolution. BE IT FINALLY RESOLVED that an election shall be set and carried out in the manner detailed in Exhibit B to this resolution and an election date of , 2014, is hereby set. APPROVED this day of ATTEST Dana Brown -Davis, Clerk of the Council APPR VED AS TO FOR iv Deputy P o ecutor 2014. WHATCOM COUNTY COUNCIL WHATCOM COUNTY WASHINGTON Carl Weimer, Council Chair M •. EXHIBIT A (DRAYTON WATERSHED IMPROVEMENT DISTRICT) A description of the lands to be included in the operation of the district, in legal subdivisions or fractions thereof, is as follows: Township 40 North, Range 1 East, Willamette Meridian (WMJ Section 11 - SEI/4 Section 12 - NE'/4 except N 689' of NEIANE'/4, SW'/4NW'/4NE'/4, Wl/2SW'/4NE'/4, and E'/z E'/z E'/z N E'/4 N W'/4 N E'/4 Section 13 - excepting W'/2SW'/4 and N3/4NW'/4 and N'/2NW'/4NE1/4 Section 14 - N'/2 N E'/4, E'/2 N E'/4 N W'/4 Section 24 - excepting W'/2W1h and SE'/4SW1/4 and S1hSE'/4 Section 25 - excepting W'/2NW'/4 and N'/2NE'/4NW'/4 and NW'/4NE'/4 and W'/2 N E'/4 N E'/4 Section 34 - N'/2 Section 35 - S'/2 N'/2, E'/2 S E'/4 Section 36 - N'/2 N W'/4 , W'/2 S W'/4 N W'/4 , N'/2 N E'/4 , S E'/4 N E'/4 Township 40 North. Ranae 2 East. Willamette Meridian (WM Section 7 - S'/sN W'/4, S'/2N E'/4, S W'/4, SE'/4 Section 8 - excepting W'/2NW'/4 Section 9 - excepting E'/2NE'/4 Section 16 - excepting E'/2NE'/4NE'/4 Sections 17 - 20 Section 21 - excepting E1hSE'/4 Section 28 - N'/2 excepting E1hNE'/4 Section 29 - N1/2 Section 30 - excepting SE'/4SE1/4 Section 31 - W'/z, SW'/4SE'/4 Township 39 North. Ranae 2 East. Willamette Meridian (WM Section 4 - W'/2W'/2 Section 5 - SW'/4NW'/4, SW'/4SW'/4, W900 FT OF N60 ACRES SW'/4, N50 ACRES OF S100 ACRES SW'/4 LESS PETERSON 10 ACRES, S3/4SE'/4NE'/4 LYING SOUTH OF DITCH, TRACT DESCRIBED AF 2110601404, LOT D HAPPY ACRES SHORT PLAT, E'/2SE'/4, NW'/4SE'/4, NW'/4SW'/4SE'/4 EXCEPTING Lot 1 HEINRICHS SHORT PLAT Section 6 - all parcels east of I-5 excepting NE'/4NE'/4 and E'/2NW'/4NE'/4 Excepting from all of the above described parcels the following: • All lands within the City of Ferndale; • All parcels less than four and one-half acres in size; • All tax-exempt parcels; • All parcels outside of Ag Open Space tax classification. • Parcels split by the legal description where the majority of the acres are outside the Legal Description for the district. 467 EXHIBIT B THE ELECTION PROCESS THE ELECTION: The County Council is responsible for conducting the district's formation election in a manner that is similar to the way future elections for directors of the district will be conducted. Voting will take place by mail. An election day of , 2014, has been selected and ballots must be returned to the Council Office or postmarked by that date to be counted toward the election. THE BALLOT: A local printing company will be used to print the ballots, ballot envelopes, and instructions indicating how joint ownership and community property votes are cast as well, as a request to forward the ballot to the property owner if different from the person who receives it. Voting rights shall be allocated as follows: Two votes for each five acres of assessable land or fraction thereof. Ballots will be coded to indicate how many votes each ballot is worth. The ballot shall contain the following language: "Irrigation District - YES" "Irrigation District - NO" The names of persons to be voted for as directors of the district. To be counted in this election, ballots must conform to these requirements: 1. Voted ballots must be sealed and placed in a ballot envelope (provided) and the ballot envelope must be sealed in a return certification envelope (provided). The certification envelope will contain a "voter's certification" and a "witness certification" on the back of the envelope as follows: Voter's Certification I certify as true, under penalty of perjury under the laws of the State of Washington, that I am a landowner within the proposed district who is 18 years or more of age, a citizen of the United States, a resident of the State of Washington, and hold title or evidence of title to assessable land in the proposed district. If the landowner is a corporation, I certify as true, under penalty of perjury under the laws of the State of Washington, that I am a duly authorized agent for the purpose of voting on this election by the corporation. Signature (Landowner/Voter) Print Name (Landowner/Voter) City & State where signed Date Signed Witness Certification I certify as true, under penalty of perjury under the laws of the State of Washington, that I am acquainted with the above voter and the voter's signature above was affixed in my presence. Signature (Witness) Print Name (Witness) City & State where signed Date 2. Both the "voter's certification" and the "witness certification" must completed and signed as indicated. Unsigned and/or unwitnessed ballots will not be counted. M.: 3. Ballots must be hand delivered to the Council Office prior to 4 p.m. on , 2014; or mailed to the Clerk of the Council, postmarked no later than midnight on 2014, and received by the Clerk of the Council within five days of that date. Ballots will be kept unopened and secure under the responsibility of the Clerk of the Council until the time in which ballots may be received is closed. The Council appoints the Clerk of the Council and assigned staff, with assistance from the Whatcom County Auditor as available, to proceed at once to determine whether the voters submitting ballots are qualified to vote and to count and tally the votes of those determined to be qualified. The Whatcom County Council will meet on , 2014, to canvass the returns. If it appears that at least two-thirds of all votes cast are in favor of the district, the Council shall by order declare the district duly organized and shall declare the qualified persons receiving the highest number of votes to be duly elected directors and shall cause a certified copy of the order to be filed for record in the offices of the County Auditor and Assessor. STAf F OF WASI JING FON X PO Hj,% 47600 9 0,�Vwp4f, WA 96504 1(s0fi - P,'�'WY •10, �`-4000 /fl fipr wuhifq"hyn May );eryi(-e � M.;r"wil'i ST401 'r -pefch 4;5,461r,G�,Ise COUP CJU R/l/ 8Jt-4-tV September 8, 2014 Whatcorn County Council Members c/o Dana Browti-Davis, Clerk of the Council Whatcorn County 311 Grand Avenue, Suite 105 Bellingham, WA 98226 Dear Honorable Council I'VIenibers: Thank you for your letter dated August 18, 2014, to Maia Bellon, regarding pefiti(ans to form four new irrigation districts (also referred to as watershed improvement districts or WIDs) in Whatcorn County: Drayton, WID, South LynAen. WID, Laurel WID, and Sumas WID. Director Bellon referred the letter to me, f6r response. In your letter, you request that the Washington State Department of Ecology (Ecology), at the expense of the irrigation district proposers, make any necessary investigation's and file a report of findings, together with a statement of cost, with the Whatcorn Cowity Council Office at or prior to the hearing date of September 16, 2014, consistent with the requirements of Chapter ST03.020 RCW. This letter constitutes the report of our findings and statement ofcosts, Please note: Ecology's findings do not in any way convey any water rights to individuals or entities associated with the proposed WIDs, nor does Ecology's finding affect the status of any existing water right(s) in Whatcorn County. Based on review of the materials provided, it is our understanding that the purposes of each of the four WIDs are the sarne:, providing watershed improvements by developing water supply options for agricultural landowners; irnplenienting water quality protection measures; finproving drainage and other conditions; and improving fish habitat. We support the Petitioners' goals to reduce non -permitted irrigation, and promote irrigation efficiencies, to improve water quality, and to enhance instreani and out-of-strearn habitat protection for endangered species in Whatcom County. In their notices of petition, the petitioners state that "(landowners) who currently hold water rights froniground or surface water sources will continue to own and use those water rights to self -supply their water, and the creation of the proposed (Districts) will create no authority by the (Districts) over water rights field by the landowners." Further, they state that the development of any "new water supply options will be subject to Washington's water resources code, Chapters 90.03 and 90.44 R.CW, which includes the protection- of other water rights from impairment," Ecology supports these statements and looks forward to working with the WIDs, as per Chapters 90.03 and 90.44 RCW (the state's water code). 470 RCW 87.03.020 states, in part, that the notice of the petition shall be provided to the Director of Ecology "who shall, at the expense of the district in case it is later organized, otherwise at the expense of the petitioners' bondspersons, snake such investigation of the sufficiency of the source and supply of water for the purposes of the proposed district, as he or she may deem necessary, and file a report of his or her findings, together with a statement of his or her costs, with the board of county commissioners at or prior to the time set for said hearing." A review of Ecology's water rights database and petitioners' materials did not find any water rights held by the proposed Drayton WID, South Lynden WID, Laurel WID, or Sumas WID. However, since the objectives of the proposed WIDs do not actually require any water rights, this does not appear to be inconsistent with petitioners' proposals. its such, there is an adequate supply of water for the fora proposed districts because no water is needed for the WIDs' purposes (i.e., none, as none is needed). Ecology expects to provide technical assistance to the WIDs upon request and as time and staffing allow, consistent with our goals to provide public assistance and support water quantity and water quality improvements in the Nooksack basin. Additionally, since the costs to Ecology to provide this report were minimal, Ecolooi does not intend to recluest the reinrbursentent of expenses incurred (statement €f cost is dero).1 If you have any questions, please feel free to contact Doug Allen, Manager of Ecology's Bellingham Field Office, at (360) 715-5200. Respectfully, r Toro Lorang er Water Resources Program Manager ecc: Maia Bellon, Department of Ecology Polly Zelun, Department of Ecology Josh Baldi, Department of Ecology Heather Bartlett, Department of Ecology Doug Allen, Department of Ecology Henry Bierlink, Ag. District Coalition Bill Clarke, Ag. District Coalition ' Activities that the WIDs (if fonned) may choose to undertake, such as processing new water rights or water right changes/transfers, may incur costs or fees. These standard expenses still apply and will need to be paid to Ecology by the applicant. 471 DRAYTON WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # '' ACRES NAME ' ADDRESS CITY STATE ZIP COUNTRY 30 400221102090 72.76 3 G HOLDINGS INCORPORATED 5769 124A ST SURREY BC V3X 2S6 CANADA 2 400113058413 4.68 ALLEN & TINA YOUNG 8806 CUSTER SCHOOL RD CUSTER WA 98240-9216 26 390205422145 64.14 JAWTAR & JAGTAR ALAMWALA PO BOX 242 LYNDEN WA 98264-0242 10 390205485342 22.76 AWTAR & JAGTAR ALAMWALA PO BOX 242 LYNDEN WA 98264-0242 4 390205510220 7.57 AWTAR & JAGTAR ALAMWALA PO BOX 242 LYNDEN WA 98264-0242 18 400134330335 40.65 B-1 BUILDERS INC P 0 BOX 652 CUSTER WA 98240-0652 32 400217144466 79.18 BEN F & ANNA VAN INGEN TRUST 8715 SUNRISE RD CUSTER WA 98240-9615 42 1 400217247341 103.58 BEN G &ANNA VAN INGEN TRUST 501 WILDROSE CT LYNDEN WA 98264-9178 8 400218028465 16.23 BEN G & ANNA VAN INGEN TRUST 501 WILDROSE CT LYNDEN WA 98264-9178 4 400228054366 9.59 BEN G & ANNA VAN INGEN TRUST 501 WILDROSE CT LYNDEN WA 98264-9178 12 400219274313 26.85 BENJAMIN L & CAROLYN J LANGE 2250 JESS RD CUSTER WA 98240-9619 8 400221067172 19.70 BETTY GRASHER ESTATE 1/2 & CLARK S GRASHER 1/2 PO BOX 485 MUKILTEO WA 98275-0485 14 400125117165 33.59 BLUE VALLEY FARMS LLC 6689 DOMAN ST VANCOUVER BC V5S 3H5 CANADA 28 400125208103 65.18 BLUE VALLEY FARMS LLC 6689 DOMAN ST VANCOUVER BC V5S 3H5 CANADA 6 400218038039 10.61 BONNA J BECK TRUST/TR 1151 SUNSET AVE BELLINGHAM WA 98226-9048 16 400218349041 38.13 BRADLEY L BAUTHUES 8537 SUNRISE RD CUSTER WA 98240-9615 8 400113371186 15.13 BRADLEY L BAUTHUES 50% & JESSICA D URSU 50% 8537 SUNRISE RD CUSTER WA 98240-9615 10 400113431186 25.02 BRADLEY L BAUTHUES 50% & JESSICA D URSU 50% 8537 SUNRISE RD CUSTER WA 98240-9615 12 400113466091 27.81 BRADLEY L BAUTHUES 50% & JESSICA D URSU 50% 8537 SUNRISE RD CUSTER WA 98240-9615 472 Page 1 DRAYTON WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ' ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 6 400113491186 14.50 BRADLEY L BAUTHUES 50% & JESSICA D URSU 50% 8537 SUNRISE RD CUSTER WA 98240-9615 4 400134244326 9.67 BRENT & SHERRI WRIGHT 7535 HICKORY RIDGE LN FERNDALE WA 98248-8532 4 390206296288 7.29 BRIAN J & NITA LIKKEL 7104 ATWOOD RD FERNDALE WA 98248-9327 4 400231220093 8.82 BRYCE MANN & TRACY SHAFFER 23350 BASSETT RD SEDRO WOOLLEY WA 98284-8714 8 400217075296 17.98 BVI FARMS LLC 8770 SUNRISE RD CUSTER WA 98240-9615 18 400218343307 40.40 BVI FARMS LLC 501 WILDROSE CIRCLE LYNDEN WA 98264-9178 18 400218343374 40.28 BVI FARMS LLC 501 WILDROSE CIRCLE LYNDEN WA 98264-9178 2 400230302502 4.92 CAROL A BAXTER 2225 BIRCH BAY LYNDEN RD CUSTER WA 98240-9722 22 400111400202 51.23 CHRISTINA D PAUL 2584 HAYNIE RD CUSTER WA 98240-9203 2 400111410115 4.71 CHRISTINA D PAUL 2584 HAYNIE RD CUSTER WA 98240-9203 10 400111447078 24.08 CHRISTINA D PAUL 2584 HAYNIE RD CUSTER WA 98240-9203 6 400111495200 15.00 CHRISTINA D PAUL 2584 HAYNIE RD CUSTER WA 98240-9203 14 400112462365 30.85 CHRISTINA D PAUL 2584 HAYNIE RD CUSTER WA 98240-9203 4 400112470420 9.63 CHRISTINA D PAUL 2584 HAYNIE RD CUSTER WA 98240-9203 20 400114284461 47.72 CHRISTINA D PAUL 2584 HAYNIE RD CUSTER WA 98240-9203 4 400114382463 9.65 CHRISTINA D PAUL 2584 HAYNIE RD CUSTER WA 98240-9203 2 400112464297 4.63 CLARENCE LJR-CHRISTINA D PAUL 2584 HAYNIE RD CUSTER WA 98240-9203 4 400112470448 9.99 CLARENCE L PAULJR 2584 HAYNIE RD CUSTER WA 98240-9203 2 400112495297 4.51 CLARENCE L PAULJR 2584 HAYNIE RD CUSTER WA 98240-9203 28 400228134328 66.44 CMF FARMING PROPERTIES LLC 697 LOOMIS TRAIL RD LYNDEN WA 98264-9728 16 400207148169 39.95 CORNELIUS H & DARLENE TIMMERMANS 9010 DELTA LINE RD CUSTER WA 98240-9609 6 400207102096 1 11.03 ICORNELIUS H TIMMERMANS 9010 DELTA LINE RD CUSTER WA 98240-9609 24 400216225341 1 55.68 DALE L BEDLINGTON FAMILY LLC PO BOX 406 LYNDEN WA 98264-0406 Page 2 473 DRAYTON WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 24 400216350394 55.13 DALE L BEDLINGTON FAMILY LLC PO BOX 406 LYNDEN WA 98264-0406 10 400216445480 21.58 DALE L BEDLINGTON FAMILY LLC PO BOX 406 LYNDEN WA 98264-0406 18 400216468344 40.25 DALE L BEDLINGTON FAMILY LLC PO BOX 406 LYNDEN WA 98264-0406 4 400113466316 9.92 DALE WHITE & KELLI K FISHER 4124 SW JERICHO LN CULVER OR 97734-9646 8 400209099458 19.74 DAN & JUDY MANDERSON PO BOX 30528 BELLINGHAM WA 98228-2528 10 400208067181 24.75 DANIEL B WALTON 3 NISKA PLACE W LETHBRIDGE AB T1K 6G9 CANADA 4 390205419030 5.16 DARRELL E & MARY L BULL 6159 HIGHWAY 12 #14 KOOSKIA ID 83539-5005 4 400209336080 5.23 DAVID & KATHY BUYS LIVING TRUST/TR 1440 W BADGER RD CUSTER WA 98240-9102 14 400209370145 33.65 DAVID & KATHY BUYS LIVING TRUST/TR 1440 W BADGER RD CUSTER WA 98240-9102 6 400209462065 10.21 DAVID & KATHY BUYS LIVING TRUST/TR 1440 W BADGER RD CUSTER WA 98240-9102 6 400218116460 14.45 DAVID & KATHY BUYS LIVING TRUST/TR 1440 W BADGER RD CUSTER WA 98240-9102 16 400216070473 37.61 DAVID L & JACQUELINE L BROWN 1769 W BADGER RD CUSTER WA 98240-9103 6 400125101066 14.33 DAVID 0 & KAYE L THOMSON 7788 ZELL RD CUSTER WA 98240-9707 22 400209470163 54.81 DAVID W VAN WINGERDEN & JADRIANA M VAN WINGERDEN 9131 MARKWORTH RD BLAINE WA 98230-9762 12 400219110113 29.58 DEWILDE FAMILY IRREVOCABLE TRUST 6930 OLD GUIDE RD LYNDEN WA 98264-9015 16 400217071073 38.91 DHARMINDER & RUPINDER SANDHU 50% & HARINDER & BAUEET K BUTTAR 50% 2023 237TH ST SE BOTHELL WA 98021-9567 2 390204017487 4.95 DICK L HAMILTON 1693 HARKSELL RD FERNDALE WA 98248-9750 6 400134504460 13.84 �DIXIE B REIMER 5443 TSAWWASSEN LOOP BLAINE �WA 198230-9569 474 Page 3 DRAYTON WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # 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ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 8 400219118328 19.72 KATHLEEN J KOK 2426 JESS RD CUSTER WA 98240-9610 6 400125060107 11.06 KAYE L THOMSON 7788 ZELL RD CUSTER WA 98240-9707 8 400209279385 19.95 KEITH A & JOLENE K VERBRUGGE 1483 BURK RD BLAINE WA 98230-9290 6 400218174178 10.29 KERRI L DEKUBBER 8606 DELTA LINE RD CUSTER WA 98240-9618 8 400136338496 16.79 KEVIN A & BIANCA K MADDUX 2667 WILLEYS LAKE RD CUSTER WA 98240-9791 6 400230040037 10.36 KEVIN A & BIANCA K MADDUX 2667 WILLEYS LAKE RD CUSTER WA 98240-9791 4 400229228452 5.86 KIRK & CORNELIA M CANTRELLE 8045 WOODLAND RD FERNDALE WA 98248-9714 8 400209421063 15.22 KLAYTON G & JESSICA R TJOELKER 1394 W BADGER RD CUSTER WA 98240-9104 30 400209080134 71.82 KOENEN FAMILY FARM LLC 1577 BURK RD BLAINE WA 98230-9291 16 400209166127 39.87 KOENEN FAMILY FARM LLC 1577 BURK RD BLAINE WA 98230-9291 8 400220168462 19.40 KORTUS FAMILY TRUST - TONY G & VIRGINIA KORTUS TR 508 N 17TH ST LYNDEN WA 98264-1280 4 390205392294 8.15 LARRY D & LINDA M SCHONBORN TRUST/TR & KEVIN T & NELLY M SCHONBORN 7118 ENTERPRISE RD FERNDALE WA 98248-9769 12 400217200084 29.92 LEONARD EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 2 400217223020 4.51 LEONARD EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 18 400217333208 40.98 LEONARD EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 34 400217466265 84.02 LEONARD EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 14 400220298145 34.22 LEONARD EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 8 400220362139 19.38 LEONARD EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 478 Page 7 DRAYTON WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ' ADDRESS CITY STATE ZIP COUNTRY 4 400221043028 5.02 LEONARD EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 14 400228333460 34.67 LEONARD EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 12 400231324070 29.06 LEONARD EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 4 400231370070 8.75 LEONARD EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 32 400229333400 78.77 LEONARD J EBE 1853 BIRCH BAY LYNDEN RD FERNDALE WA 98248-9702 8 390206168450 15.70 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 4 390206205423 5.08 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 22 390206225348 53.86 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 2 390206240487 4.56 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 4 390206241421 5.61 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 16 400216201073 39.87 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 12 400219173099 28.89 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 20 400220069080 47.22 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 18 400220197327 42.65 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 32 400220205139 78.23 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 8 400220364069 19.93 1 LEONARD J EBE REAL ESTATE LLC 18270 SUNRISE RD ICUSTER IWA 98240-9613 Page 8 479 DRAYTON WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 16 400220463067 38.11 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 8 400228071491 15.56 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 16 400228199471 39.81 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 26 400229054401 61.08 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 24 400229141452 59.40 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 32 400229461395 79.05 LEONARD J EBE REAL ESTATE LLC 8270 SUNRISE RD CUSTER WA 98240-9613 12 400219375058 28.59 MABERRY LAND HOLDINGS LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 4 400230354491 5.10 MABERRY LAND HOLDINGS LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 12 400113200382 29.62 MABERRY PROPERTIES LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 18 400113337327 42.17 MABERRY PROPERTIES LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 10 400113337414 22.67 MABERRY PROPERTIES LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 8 400219312203 19.65 MABERRY PROPERTIES LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 14 400220066463 32.98 MABERRY PROPERTIES LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 2 400230250505 4.57 MABERRY PROPERTIES LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 24 400230283380 55.73 MABERRY PROPERTIES LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 16 400230372395 35.87 MABERRY PROPERTIES LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 18 400230438395 40.10 MABERRY PROPERTIES LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 24 400209330396 55.34 MARTIN J & DOREEN DE LANGE 1445 BURK RD BLAINE WA 98230-9290 18 400208335198 40.71 MARVIN R & LINDA K T10ELKER 1898 W BADGER RD CUSTER WA 98240-9105 4 400208372025 6.30 MARVIN R & LINDA K TJOELKER 1898 W BADGER RD CUSTER WA 98240-9105 480 Page 9 DRAYTON WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 14 400208323065 31.90 MARVIN R & LINDA K TJOELKER & JUSTIN W & KRISTINA D MERRILL 1898 W BADGER RD CUSTER WA 98240-9105 14 400208233143 32.75 MARVIN R TJOELKER 1898 W BADGER RD CUSTER WA 98240-9105 10 400219235470 20.33 MDM PROPERTIES LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 10 400219305454 24.66 MDM PROPERTIES LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 4 400219439100 9.33 MDM PROPERTIES LLC 816 LOOMIS TRAIL RD LYNDEN WA 98264-9111 8 400113374076 19.42 MICHAEL A & RUTH C BOUCHARD 2640 LOOMIS TRAIL RD CUSTER WA 98240-9404 18 400209197341 40.78 MICHAELJ & DEVIN KOENEN 1577 BURK RD BLAINE WA 98230-9291 6 400221077285 12.65 MICHAELJ & ELVA M DOUMA 8300 N ENTERPRISE RD CUSTER WA 98240-9301 18 400135204331 40.19 MICHELE SAVAGE 3111 MAIN ST CUSTER WA 98240-9524 4 400124201278 9.07 MIGUEL JR & DARLA VALDEZ 8301 STEIN RD CUSTER WA 98240-9421 28 400216071150 68.18 MJD FARMS LLC 1679 LOOMIS TRAIL RD CUSTER WA 98240-9304 18 400220472461 40.38 MJD FARMS LLC 1679 LOOMIS TRAIL RD CUSTER WA 98240-9304 42 400221100424 104.21 MJD FARMS LLC 1679 LOOMIS TRAIL RD CUSTER WA 98240-9304 16 400221267344 38.27 MJD FARMS LLC 8300 N ENTERPRISE RD CUSTER WA 98240-9301 26 400221267344 64.61 MJD FARMS LLC 8300 N ENTERPRISE RD CUSTER WA 98240-9301 8 400221286059 15.23 MJD FARMS LLC 8300 N ENTERPRISE RD CUSTER WA 98240-9301 10 400221286059 23.89 MJD FARMS LLC 8300 N ENTERPRISE RD CUSTER WA 98240-9301 8 400217067162 19.62 PARAMJIT & JASVIR BUTTAR 50% JT 22918 74 AVE LANGLEY BC V2Y 2S2 CANADA 10 400217195162 20.06 PARAMJIT & JASVIR BUTTAR 50% JT 22918 74 AVE I LANGLEY IBC JV2Y 2S2 ICANADA Page 10 481 DRAYTON WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME, ADDRESS CITY STATE ZIP COUNTRY 16 400220332458 39.89 PATRICIA JAMES 8305 N ENTERPRISE RD CUSTER WA 98240-9301 18 400228335331 41.40 PAULI J HALL 64362 BRIDGER RD HOMER AK 99603-9213 12 400207387315 27.95 PETE & OTTILIA BRUINSMA 8925 SUNRISE RD CUSTER WA 98240-9615 18 400207390181 43.48 PETE & OTTILIA BRUINSMA 8925 SUNRISE RD CUSTER WA 98240-9615 32 400208335391 76.25 PETE & OTTILIA BRUINSMA 8715 SUNRISE RD CUSTER WA 98240-9615 4 400230155079 9.60 PHYLLIS GREEN 19150 ADDIE ST GLADSTONE OR 97027-1926 24 400207244070 56.26 R2GS FARMS LLC 2225 W BADGER RD CUSTER WA 98240-9604 18 400207040233 41.38 R2GS LLC 2225 W BADGER RD CUSTER WA 98240-9604 18 400207174290 44.08 R2GS LLC 99% & R4GS LLC 1% 2225 W BADGER RD CUSTER WA 98240-9604 44 400218290474 107.31 R4GS LLC 2225 W BADGER RD CUSTER WA 98240-9604 14 400218088348 34.60 RAY H FANN 8746 DELTA LINE RD CUSTER WA 98240-9607 20 400208175117 47.00 RAYMOND JR & GERTRUDE TJOELKER 1996 W BADGER RD CUSTER WA 98240-9104 18 400217333473 40.90 RAYMOND JR & GERTRUDE TJOELKER 1996 W BADGER RD CUSTER WA 98240-9104 32 400208466160 78.23 RAYMOND L & GLORENE M GEORGE 2019 E BAKERVIEW RD BELLINGHAM WA 98226-9100 12 400221494433 27.44 RCMP LLC 8210 PORTAL WAY BLAINE WA 98230-9735 12 400208098066 25.22 RGJR LLC 1996 W BADGER RD CUSTER WA 98240-9104 8 400220232463 19.09 RGJR LLC 1996 W BADGER RD CUSTER WA 98240-9104 6 400216017066 10.15 RICHARD A & DENICE C BAGGETT 1696 LOOMIS TRAIL RD CUSTER WA 98240-9304 14 400209232140 30.85 RICHARD A & EDNA P SCRASE 1522 W BADGER RD CUSTER WA 98240-9100 32 400219405400 76.10 RICHARD A & LINDA KORTUS 2126 JESS RD CUSTER WA 98240-9610 4 400136306466 5.49 RICHARD A & WENDY L METZGER 2725 WILLEYS LAKE RD CUSTER WA 98240-9791 8 400136306466 18.34 RICHARD A & WENDY L METZGER 2725 WILLEYS LAKE RD CUSTER WA 98240-9791 4 390206205487 5.24 ROBERTJ PERRY 2355 HARKSELL RD FERNDALE WA 98248-7702 16 400209196460 39.69 ROBERT L & ALICE S THOMAS PO BOX 768 EVERSON WA 98247-0768 4 400219410151 9.91 ROBERT M & ELEANOR 1 EHRLICH TRUST 2960 N FOURTH ST COEUR D ALENE ID 83815-3708 482 Page 11 DRAYTON WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 8 400113303077 17.96 ROBERT M & MARLENE J GRASHER 4305 NORTHWEST DR BELLINGHAM WA 98226-9019 8 400124344367 16.78 ROBERTT & DIANE R RUIZ 3815 GILMORE RD EVERSON WA 98247-9465 6 400113070320 10.30 ROBERT W CARRUTHERS 8760 CUSTER SCHOOL RD CUSTER WA 98240-9215 4 400113070351 8.65 1 ROBERT W CARRUTHERS 8760 CUSTER SCHOOL RD CUSTER WA 98240-9215 4 400113070385 9.02 ROBERT W CARRUTHERS 8760 CUSTER SCHOOL RD CUSTER WA 98240-9215 8 400218174274 17.89 RODNEY & SHARON TJOELKER 2225 W BADGER RD CUSTER WA 98240-9604 4 400125100236 9.72 ROGER 0 & ARLEEN E BOUCHARD JT PO BOX 272 CUSTER WA 98240-0272 18 400218279206 41.62 RONALD L VANDERVEEN 8591 SUNRISE RD CUSTER WA 98240-9615 16 400218351105 39.61 RONALD L VANDERVEEN 8591 SUNRISE RD CUSTER WA 98240-9615 10 400218375200 21.92 RONALD L VANDERVEEN 8591 SUNRISE RD CUSTER WA 98240-9615 8 400220081291 16.67 RUBEN & MARIA DE LA GARZA 8362 SUNRISE RD CUSTER WA 98240-9614 4 390204017338 8.41 SALLY R HOWELL 7116 TATLOW LN FERNDALE WA 98248-9784 2 390204017427 4.76 SCOTT P WEBER 1675 HARKSELL RD FERNDALE WA 98248-9750 18 400208442383 40.16 SELMA R GIENGER - C/O PATRICIA BERG PO BOX 130 BLAINE WA 98231-0130 8 400208497456 19.96 SHANNON J & LARAE K TJOELKER 1687 BURK RD BLAINE WA 98230-9292 18 400209035391 40.66 SHANNON J & LARAE K TJOELKER 1687 BURK RD BLAINE WA 98230-9292 10 400209099335 20.50 SHANNON J & LARAE K TJOELKER 1687 BURK RD BLAINE WA 98230-9292 18 400208199328 40.55 SHAWN D & JESSICA L MCPHAIL 9256 SUNRISE RD CUSTER WA 98240-9601 16 400208199465 39.78 SHAWN D & JESSICA L MCPHAIL 9256 SUNRISE RD CUSTER WA 98240-9601 14 400124208343 30.25 STANLEY J SCHMIDT 8377 STEIN RD CUSTER WA 98240-9421 22 400124370462 52.89 STANLEY R & BETTY HONRUD 8420 STEIN RD CUSTER IWA 98240-9422 2 400124450499 4.70 STANLEY R HONRUD 8420 STEIN RD CUSTER IWA 98240-9422 Page 12 483 DRAYTON WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES > PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 4 400209013089 9.85 STANLEY S & LAUREL K HAAGSMA 1690 W BADGER RD CUSTER WA 98240-9103 16 400111299141 38.29 THOMASJ FENTON 9342 DELTA LINE RD BLAINE WA 98230-9150 16 400124206460 39.63 THOMAS R FUNK 8421 STEIN RD CUSTER WA 98240-9422 6 400134177326 10.45 THOMAS S & ANSIE B WOUTERS 7515 HICKORY RIDGE LN FERNDALE WA 98248-8532 18 400221428421 43.92 TODD M MCPHAIL 1359 LOOMIS TRAIL RD CUSTER WA 98240-9303 14 400217334088 30.12 TRAILS EDGE FARM LLC 930 LOOMIS TRAIL RD LYNDEN WA 98264-9112 10 400231121336 22.73 UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY 6975 HANNEGAN RD LYNDEN WA 98264-9019 16 400216207474 38.27 WALTER VIS 1585 W BADGER RD CUSTER WA 98240-9100 2 400111436230 4.63 WESLEYJ & JANINE D PAUL 2995 HAYNIE RD CUSTER WA 98240-9204 18 400217466469 40.68 WEST BADGER LLC 1769 W BADGER RD CUSTER WA 98240-9103 6 400113466280 10.82 WILLIAM & LAUREE SANTANGELO 8713 DELTA LINE RD CUSTER WA 98240-9607 4 400134145326 9.63 WILLIAM H & DIANE M EVANS P 0 BOX 627 FERNDALE WA 98248-0627 8 400219040411 15.95 YING YU & JUYING WU PO BOX 607 VANDERHOOF BC VOJ 3AO CANADA 3,148 7317 484 Page 13 NOTICE OF PETITION AND PUBLIC HEARING PRESENTATION OF THE PETITION FOR FORMATION OF THE DRAYTON WATERSHED IMPROVEMENT DISTRICT (AN IRRIGATION DISTRICT) Notice is hereby given by the Clerk of the Whatcom County Council that a petition to form an irrigation district, to be known as the Drayton Watershed Improvement District, shall be presented to the Whatcom County Council on September 16, 2014, at 7:00 p.m. in the Whatcom County Council Chambers, 311 Grand Avenue, Bellingham, and a hearing on said petition shall be conducted. The undersigned holders of title to, or evidence of title to land susceptible of irrigation, who constitute fifty or a majority of said title to land within the boundaries of the hereinafter described lands, hereby petition the Whatcom County Council of Whatcom County, Washington for the formation of an irrigation district pursuant to Chapter 87.03 RCW and upon the showing of the following: A description of the lands to be included in the operation of the district, in legal subdivisions or fractions thereof, is as follows: Township 40 North, Range 1 East, Willamette Meridian (WM) Section 11 - SE'/4 Section 12 - NE'A except N 689' of NE1/4NE1/4, SW'/4NWI/4NE'/4, Wl/2SW'/4NE'/4, and E'/2 E'/z E'/2 N E'/4 N W'/4 N E'/4 Section 13 - excepting W1/2SW1/4 and N3/4NW'/4 and N'/2NW'/4NE'/4 Section 14 - N1/2 N E'/4, E'/2 N E'/4 N W'/4 Section 24 - excepting W1/2W1/2 and SE'/4SW'/4 and S1/2SE1/4 Section 25 - excepting W'/2NW'/4 and N'/2NE'/4NW'/4 and NW'/4NE'/4 and W'/2 N E'/4 N E'/4 Section 34 - N'/2 Section 35 - S'/2 N'/2, E'/2S E'/4 Section 3 6 - N'/2 N W'/4 , W'/2 S W'/4 N W'/4 , N'/2 N E'/4 , S E'/4 N E'/4 Township 40 North, Ranqe 2 East, Willamette Meridian (WM Section 7 - S'/3N W'/4, S'h N E'/4, S W'/4, S E'A Section 8 - excepting W1/2NW1/4 Section 9 - excepting E1hNE'/4 Section 16 - excepting E'/2NE'/4NE'/4 Sections 17 - 20 Section 21 - excepting E1/2SE1/4 Section 28 - N1/2 excepting E1/2NE1/4 Section 29 - N1/2 Section 30 - excepting SE'/4SE1/4 Section 31 - W'h, SW'/4SE1/4 Township 39 North, Range 2 East, Willamette Meridian (WM Section 4 - W'/2W'/2 Section 5 - SW'/4NW'/4, SW'/4SW'/4, W900 FT OF N60 ACRES SW'/4, N50 ACRES OF S100 ACRES SW'/4 LESS PETERSON 10 ACRES, S3/4SE'/4NE'/4 LYING SOUTH OF DITCH, TRACT DESCRIBED AF 2110601404, LOT D HAPPY ACRES SHORT PLAT, E1/2SE1/4, NW'/4SE'/4, NW'/4SW'/4SE'/4 EXCEPTING Lot 1 HEINRICHS SHORT PLAT Section 6 - all parcels east of I-5 excepting NE'/4NE1/4 and E'/2NW'/4NE'/4 Excepting from all of the above described parcels the following: • All lands within the City of Ferndale; • All parcels less than four and one-half acres in size; • All tax-exempt parcels; • All parcels outside of Ag Open Space tax classification; • Parcels split by the legal description where the majority of the acres are outside the Legal Description for the district. a -OR The Drayton Watershed Improvement District ("District") is being proposed to address both water supply, water quality, and other environmental issues affecting agricultural landowners consistent with the authority of such districts under RCW Chapter 87.03. Landowners who currently hold water rights from ground or surface water sources will continue to own and use those water rights to self -supply their water, and the creation of the proposed District will create no authority by the District over water rights held by landowners. The District will be developing and implementing new water supply options for those landowners who lack adequate water rights. Such water supplies developed by the District could include water supplies developed through water right permitting, transfers, banking, and mitigation programs. The development of these new water supply options will be subject to Washington's water resources code, Chapters 90.03 and 90.44 RCW, including all necessary reviews and approval by the Washington Department of Ecology, which includes the protection of other water rights from impairment. The proposed District will prepare plans for watershed improvements including projects that address drainage and flooding, help to improve in -stream flows, promote efficient irrigation water management practices and enhance water quality and fish habitat. The number of directors desired for the administration of the affairs of the District shall be 5. The District shall be known and designated as Drayton Watershed Improvement District. The purposes of the District shall be for developing water supply options for agricultural landowners; implementing water quality protection measures; improving drainage and other conditions that limit or impair the uses of land for agricultural purposes. The District shall also act on behalf of landowners to provide cooperative watershed management functions as authorized by RCW 87.03.019 and RCW 39.34.210, which establish the authority for the District to participate in actions and agreements for the purposes of water supply, water quality, and water resource and habitat protection and management. The District is proposed for the performance of all things necessary to enable the district to exercise the powers granted in Chapter 87.03 RCW. Public documents are available for review in the Council Office, 311 Grand Avenue, Bellingham, and at www.co.whatcom.wa.us/council. Meetings are in the Council Chambers, same address, at 7:00 p.m., unless otherwise announced. The Council Chambers is handicapped accessible. People with special needs or disabilities who will be attending this meeting are asked to please contact our office (676- 6690 or 800-676-6757 from Point Roberts) at least 96 hours in advance, so that we may make any needed accommodations. If interpretive services or transportation is needed, please call more than two days ahead of time. Dated August 20, 2014 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis Carl Weimer Clerk of the Council Council Chair SIGNATURE OF PETITIONER WHOSE NAME FIRST APPEARS UPON THE DRAYTON PETITION: Diana Bedlington Publish: August 28, 2014 September 4, 2014 September 11, 2014 486 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014- 225 B CLEARANCES Initial Date Date Received in Council Office A enda Date Assi ned to: 6/9/2014 9 16 2014 Council - Originator: Introduction Division Head: 9/30/2014 Council Dept. Head: 1 Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Resoluton accepting petition and poll book and order election for Laurel WID ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution accepting the petition and poll book, establishing boundaries, and ordering an election to determine formation of a proposed irrigation district in Whatcom County to be known as the Laurel Watershed Improvement District. Per 87.03 RCW, this resolution orders an election to determine if an irrigation district (to be known as the Laurel Watershed Improvement District) will be formed, sets the boundaries for the district, and approves the election process to be followed. At the hearing, council will receive evidence and may adjourn the hearing from time to time as necessary to gather additional information, not to exceed four weeks in all. After the hearing, the council will establish and define the boundaries of the district in order to "best reclaim the lands involved". Defining the boundaries is the council's main function in the process. The council must leave it to the voters to decide whether the district will be formed. The council can't modify the boundaries to exempt any territory already included in the boundaries if that territory is "susceptible of irrigation by the same system of works applicable to other lands in such proposed district and for which a water supply is available." Lands that will not benefit from inclusion in the district may be exempted. Property may be added to the district boundaries if it is shown that it will benefit from being included in the district. COMMITTEE ACTION.• COUNCIL ACTION.• 9/16/2014: Held to 9/30/14, written record open until 4:30 p.m. on 9/25/14 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. EM SPONSORED BY: CONSENT PROPOSED BY: CITIZEN INTRODUCED: SEPTEMBER 16 2014 RESOLUTION NO. ACCEPTING PETITION AND POLL BOOK, ESTABLISHING BOUNDARIES, AND ORDERING AN ELECTION TO DETERMINE FORMATION OF A PROPOSED IRRIGATION DISTRICT IN WHATCOM COUNTY TO BE KNOWN AS THE LAUREL WATERSHED IMPROVEMENT DISTRICT WHEREAS, on July 23, 2014, a petition was filed with the Whatcom County Council Office requesting that necessary steps be taken to organize an irrigation district in Whatcom County to be known as the Laurel Watershed Improvement District; and WHEREAS, the petition met the requirements for a complete petition as outlined in State law; and WHEREAS, on August 5, 2014, the Whatcom County Council was officially notified that the petition had been filed and the required bond in a sum double the amount of the estimated cost of forming the proposed district had been received; and WHEREAS, the Council's role in the district formation process is to formally accept the petition and bond, establish the boundaries of the proposed district, establish the district's name, and call for an election of the property owners residing within the proposed district boundaries to determine whether the district shall be formed and who shall serve on the district's board of directors. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the proposed irrigation district shall be known as the Laurel Watershed Improvement District. BE IT FURTHER RESOLVED that the petition requesting the organization of the Laurel Watershed Improvement District is hereby accepted as presented. BE IT FURTHER RESOLVED that the poll book, as presented, is hereby accepted and certified as being as accurate as possible using the most current data available from the Whatcom County Assessor's Office. BE IT FURTHER RESOLVED that the boundaries of the proposed district shall be as set forth in Exhibit A to this resolution. BE IT FINALLY RESOLVED that an election shall be set and carried out in the manner detailed in Exhibit B to this resolution and an election date of 2014, is hereby set. APPROVED this day of , 2014. ATTEST WHATCOM COUNTY COUNCIL WHATCOM COUNTY WASHINGTON Dana Brown -Davis, Clerk of the Council Carl Weimer, Council Chair APP QX/ED AS TO FO . ivil Deputy Pr6secutor ME -OR A description of the lands to be included in the operation of the district, in legal subdivisions or fractions thereof, is as follows: Township 39 North, Range 2 East, Willamette Meridian JWMJ Section 9 - all parcels east of Nooksack River Section 10 - excepting SI/2SEI/4 and S3/4NE'/4SE'/4 Section 11 - excepting W'/2SE1/4 Section 13 Section 14 - E'/2, SE1/4NW1/4 Section 15 - W1/2, S3/4NE1/4, N'/4SE'/4 Section 16 - all parcels east of Nooksack River Section 20 - all parcels east and south of Nooksack River in N1/2SE1/4 and S1/2NE1/4 Section 21 - excepting SE'A Section 22 - N1/2N1/2 Section 23 - excepting SW'/4NW'/4 and SW'/4SW'/4 Section 24 - excepting NE'A Section 25 - N1/2, W'/2NW'/4SW'/4 Section 26 - excepting S1/2S1/2 Township 39 North. Ranae 3 East. Willamette Meridian (WM Section 2 - S1/2SW1/4 Section 3 - S'/2S E'/4, S E'/4 S W'/4, S'/4 N W'/4 S E'/4 Section 7 - excepting N1/2NE1/4 and that portion of the SW'/4NE'/4 lying N of the S 34 acres Section 8 - excepting N1/2N1/2 Section 9 - excepting NW'/4NW'/4 Section 10 - N1/2, S E'/4, N'/2 N E'/4 S W'/4, S E'/4 N E'/4 S W'/4 Section 11 - W1/2SW1/4 Section 14 - W'/2 W'/2 Section 15 - NE'/4, NE'/4SE'/4, N'/2NW'/4SE'/4, S'/3NW'/4 excepting W1/2SW1/4 Section 16 - excepting N1/2NE1/4 Sections 17 - 18 Section 19 - NE'/4NW'/4, NW'/4NE'/4 Section 21 - N'/z Excepting from all of the above described parcels the following: • All lands within the City of Ferndale and Everson; • All parcels less than four and one-half acres in size; • All tax-exempt parcels; • All parcels outside of Ag Open Space tax classification. Parcels split by the legal description where the majority of the acres are outside the Legal Description for the district. THE ELECTION PROCESS THE ELECTION: The County Council is responsible for conducting the district's formation election in a manner that is similar to the way future elections for directors of the district will be conducted. Voting will take place by mail. An election day of , 2014, has been selected and ballots must be returned to the Council Office or postmarked by that date to be counted toward the election. THE BALLOT: A local printing company will be used to print the ballots, ballot envelopes, and instructions indicating how joint ownership and community property votes are cast as well, as a request to forward the ballot to the property owner if different from the person who receives it. Voting rights shall be allocated as follows: Two votes for each five acres of assessable land or fraction thereof. Ballots will be coded to indicate how many votes each ballot is worth. The ballot shall contain the following language: "Irrigation District - YES" "Irrigation District - NO" The names of persons to be voted for as directors of the district. To be counted in this election, ballots must conform to these requirements: 1. Voted ballots must be sealed and placed in a ballot envelope (provided) and the ballot envelope must be sealed in a return certification envelope (provided). The certification envelope will contain a "voter's certification" and a "witness certification" on the back of the envelope as follows: Voter's Certification I certify as true, under penalty of perjury under the laws of the State of Washington, that I am a landowner within the proposed district who is 18 years or more of age, a citizen of the United States, a resident of the State of Washington, and hold title or evidence of title to assessable land in the proposed district. If the landowner is a corporation, I certify as true, under penalty of perjury under the laws of the State of Washington, that I am a duly authorized agent for the purpose of voting on this election by the corporation. Signature (Landowner/Voter) Print Name (Landowner/Voter) City & State where signed Date Signed Witness Certification I certify as true, under penalty of perjury under the laws of the State of Washington, that I am acquainted with the above voter and the voter's signature above was affixed in my presence. Signature (Witness) Print Name (Witness) City & State where signed _ Date 2. Both the "voter's certification" and the "witness certification" must completed and signed as indicated. Unsigned and/or unwitnessed ballots will not be counted. MIl 3. Ballots must be hand delivered to the Council Office prior to 4 p.m. on , 2014; or mailed to the Clerk of the Council, postmarked no later than midnight on 2014, and received by the Clerk of the Council within five days of that date. Ballots will be kept unopened and secure under the responsibility of the Clerk of the Council until the time in which ballots may be received is closed. The Council appoints the Clerk of the Council and assigned staff, with assistance from the Whatcom County Auditor as available, to proceed at once to determine whether the voters submitting ballots are qualified to vote and to count and tally the votes of those determined to be qualified. The Whatcom County Council will meet on , 2014, to canvass the returns. If it appears that at least two-thirds of all votes cast are in favor of the district, the Council shall by order declare the district duly organized and shall declare the qualified persons receiving the highest number of votes to be duly elected directors and shall cause a certified copy of the order to be filed for record in the offices of the County Auditor and Assessor. 491 l A scz 1/ �aita Ix Ho'.4y 9f:-Fv4(a- e Pata•:vwlt w4h ,t qys rdy tftMabilky OW, K141 tl,; 833,494t September 8, 2014 Whatcorn County Council Members c/o Dana Brown -Davis, Clerk of the Council Whatcom County 311 Grand Avenue, Suite 105 Bellingham,, WA. 98226 Dear Honorable Council Members: Thank you for your letter dated August 18, 2014, to Maia Belton, regarding petitions to ft rtn four new irrigation districts (also referred to as watershed improvement districts or WIDs) in Whatcom County: Drayton WID, South Lynden WID, Laurel WID,, and Sumas. WID.. Director Bellon referred the letter to me f6r response. In your letter, you request that the Washington State Department of Ecology (Ecology), at the expense of the irrigations district proposers, make any necessary investigations and file a report of findings, together with a statement of cost,, with the Whatcorn Carinty Council Office at or prior to the hearing date of September 16, 2014, consistent with the requirements of Chapter ST03.020 RCW. This letter constitutes the report of our findings and statement of costs. Please note: Ecology's findings do not in any way convey any water rights to individuals or entities associated with the proposed WIDs, nor does Ecology's finding affect the status of any existing water righ.t(s) in Whatcom County. Based on review of the materials provided, it is our understanding that the purposes of each of the four WIDs are the same:. providing watershed 'improvements by developing water- supply options for agricultural landowners; implementing water duality protection measures; improving drainage and other conditions; and improving fish habitat. We support the Petitioners' goals to reduce non -permitted irrigation and promote irrigation efficiencies, to .improve water duality, and to enhance instreairl and out -of -stream habitat protection for endangered species in Whatcoln County. In their notices of petition, the petitioners state that "(landowners) who currently hold, water rights front gi•ounld or surface water sources will continue to own and use those water rights to self -supply their water, and the creation of the proposed (Districts) will create no authority by the (Districts) over water rights held by the landowners." Further, they state that the development of any "new water supply options will be subject to Washington's water resources code, Chapters 90.03 and 90.44 R.CW, which includes the protection of other water rights from impairment." Ecology supports these statements and looks forward to working with the WIDs, as per Chapters 90.03 and 90.44 RCW (the state's water code). 492 RCW 87.03.020 states, in part, that the notice of the petition shall be provided to the Director of Ecology "who shall, at the expense of the district in case it is later organized, otherwise at the expense of the petitioners' bondspersons, make such investigation of the sufficiency of the source and supply of water for the purposes of the proposed district, as he or she may deer necessary, and file a report of his or her findings, together with a statement of his or her costs, with the board of county commissioners at or prior to the time set for said hearing." A review of Ecology's water rights database and petitioners' materials did not find any water rights field by the proposed Drayton WID, South Lynden WID, Laurel WID, or Sunlas WID. However, since the objectives of the proposed WIDs do not actually require any water rights, this does not appear to be inconsistent with petitioners' proposals. As such, there is an adequate supply of water- fir the J&111- proposed districts because no water is needed for- the WIDs' purposes (i.e., none, as none is needed).. Ecology expects to provide technical assistance to the WIDs upon request and as time and staffing allow, consistent with our goals to provide public assistance and support water quantity and water quality improvements in the Nooksack basin. Additionally, since the costs to Ecology to provide this report were minimal, Ecolooi does not intend to request the reinibursenrent of expenses incurred (statement of cost is zero). t If you have any questions, please feel free to contact Doug Allen, Manager of Ecology's Bellingham Field Office, at (360) 715-5200. Respectfully, r Tofu Lorang er Water Resources Program Manager ecc: Maia Bellon, Department of Ecology Polly Zeli n, Department of Ecology Josh Baldi, Department of Ecology Heather Bartlett, Department of Ecology Doug Allen, Department of Ecology Henry Bierlink, Ag. District Coalition Bill Clarke, Ag. District Coalition ' Activities that the WIDs (if for►ned) may choose to undertake, such as processing new water rights or water right changes/transfers, may incur costs or fees. These standard expenses stilt apply and will need to be paid to Ecology by the applicant. U • 7 LAUREL WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL# ACRES NAME ADDRESS . CITY STATE ZIP COUNTRY 30 390214400339 70.43 1234567 LTD 6400 ALDRICH RD BELLINGHAM WA 98226-9604 4 390224049478 6.63 3RD GENERATION LLC 2110 GREENVIEW LN LYNDEN WA 98264-8568 12 390317198293 28.93 696 TEN MILE ROAD LLC P 0 BOX 908 LYNDEN WA 98264-0908 16 390317198293 39.33 696 TEN MILE ROAD LLC P 0 BOX 908 LYNDEN WA 98264-0908 30 390321272471 73.35 ALAN K & SANDRA L TARR 1045 E HEMMI RD EVERSON WA 98247-9777 10 390309101194 22.65 ALBERT HUIZENGA 6571 HANNEGAN RD LYNDEN WA 98264-9619 4 390309027162 9.46 ALBERTJ & TERRI L HUIZENGA 6571 HANNEGAN RD LYNDEN WA 98264-9619 8 390309070099 15.89 ALBERTJ &TERRI LHUIZENGA 6571 HANNEGAN RD LYNDEN WA 98264-9619 4 390310456351 8.43 ALBERTT MCMILLEN ESTATE - LORRI F MCMILLEN- RAUCH EXECUTRIX 6757 NOON RD EVERSON WA 98247-9610 14 390310342294 33.84 ALBERTT MCMILLEN ESTATE - LORRI F MCMILLEN- RAUCH EXECUTRIX 6757 NOON RD EVERSON WA 98247-9610 2 390315496244 4.94 ALEXANDERJ PFISTER 6283 NOON RD EVERSON WA 98247-9663 4 390213238018 5.98 ALFRED C & 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6757 HANNEGAN RD EVERSON WA 98247-9636 16 390308497364 38.66 KISSAN BERRY FARM 6757 HANNEGAN RD EVERSON WA 98247-9636 4 390225322454 9.97 KULWINDER SINGH & KANWAL SINGH 239 W AXTON RD BELLINGHAM WA 98226-7315 2 390224300247 4.71 LAUREL BOYS LLC 495 E HEMMI RD LYNDEN WA 98264-9682 30 1390224331125 73.75 LAUREL BOYS LLC 6444 ALDRICH RD BELLINGHAM WA 98226-9604 12 390211200185 29.76 LEE & SANDI KORNELIS & LORI BEAVEN 6643 ALDRICH RD BELLINGHAM WA 98226-9602 20 390308178147 46.63 LEROY & RHONDA PLAGERMAN 239 BEARD RD LYNDEN WA 98264-9603 8 390307224203 15.73 LEROY D & RHONDAJ PLAGERMAN 239 BEARD RD LYNDEN WA 98264-9603 16 390223428083 39.69 LEROY D & RHONDA J PLAGERMAN 239 BEARD RD LYNDEN WA 98264-9603 18 390307126200 43.70 LEROY D & RHONDAJ PLAGERMAN 239 BEARD RD LYNDEN WA 98264-9603 24 1390223486146 59.10 LEROY D & RHONDA J PLAGERMAN 1239 BEARD RD ILYNDEN IWA 198264-9603 502 Page 9 LAUREL WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL# ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 24 390307302148 59.18 LEROY D & RHONDA J PLAGERMAN 239 BEARD RD LYNDEN WA 98264-9603 8 390307082091 15.55 LEROY D PLAGERMAN 239 BEARD RD LYNDEN WA 98264-9603 24 390221137409 59.96 LEROY M NOTEBOOM REV LIVING TRUST NICOLA A NOTEBOOM/TR 535 PONTIUS AVE N #312 SEATTLE WA 98109-5587 52 390216307065 125.34 LEROY M NOTEBOOM REV LIVING TRUST NICOLA A NOTEBOOM/TR 535 PONTIUS AVE N #312 SEATTLE WA 98109-5587 4 390223155335 9.98 LESLIE A GITTS 786 W LAUREL RD FERNDALE WA 98248-8886 6 390321252335 10.10 LESLIE A PAYNE PO BOX 1994 BELLINGHAM WA 98227-1994 6 390309231527 10.67 LESTER A & JOAN M YODER 1083 E POLE RD EVERSON WA 98247-9640 6 390226204156 11.12 LESTER W JR & KIMBERLEE K NORDBY 5405 ALDRICH RD BELLINGHAM WA 98226-9678 2 390215313233 4.79 LOREN C & JODI M SWEITZER 1069 PIPER RD FERNDALE WA 98248-9412 6 390215381233 14.28 LOREN C & JODI M SWEITZER 1069 PIPER RD FERNDALE WA 98248-9412 6 390310326152 10.33 LORRI F MCMILLEN-RAUCH 2406 LINDSAY RD EVERSON WA 98247-9352 32 390310326152 76.14 LORRI 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ACRES NAME 11DURESS CITY STATE ZIP,,COUNTRY 4 390316116461 9.74 RICH & CINDY PLAGERMAN 995 CENTRAL RD EVERSON WA 98247-9629 18 390221374407 43.88 RICHARD A CLINE 1322 PARADISE RD FERNDALE WA 98248-9485 6 390211065017 10.29 RICHARD C HANOWELL 6516 WOODLYN RD FERNDALE WA 98248-9420 14 390226200312 30.27 RICK D & DENISE L BOSMAN 1326 VAN DYK RD LYNDEN WA 98264-9498 6 390318330477 12.06 RJ BLOK HOLDINGS LLC 687 BEARD RD LYNDEN WA 98264-9013 6 1390308033037 12.21 RJ BLOK HOLDINGS LLC 687 BEARD RD LYNDEN WA 98264-9013 6 390318236474 12.25 RJ BLOK HOLDINGS LLC 687 BEARD RD LYNDEN WA 98264-9013 18 390308391037 40.35 RJ BLOK HOLDINGS LLC 687 BEARD RD LYNDEN WA 98264-9013 18 390318109477 44.82 R1 BLOK HOLDINGS LLC 687 BEARD RD LYNDEN WA 98264-9013 24 390307438144 5S.72 RJ BLOK HOLDINGS LLC 687 BEARD RD LYNDEN WA 98264-9013 12 390211190059 25.93 ROBERT & CHRISTINE A BUTENSCHOEN 6565 ALDRICH RD BELLINGHAM WA 98226-9603 4 390317180113 7.83 ROBERT B & NANCY J & DAVID J & GAIL L KRATZIG 6226 CHASTEEN RD LYNDEN WA 98264-9609 4 390317200150 9.78 ROBERT B & NANCY J & DAVID 1 & GAIL L KRATZIG 6226 CHASTEEN RD LYNDEN WA 98264-9609 16 390317065202 39.23 ROBERT B KRATZIG 1/2 & DAVID J KRATZIG 1/2 6226 CHASTEEN RD LYNDEN WA 98264-9609 6 390226074258 10.86 ROBERT C & KATHLEEN P WESSON 2303 UTTER ST BELLINGHAM WA 98225-2817 16 390214333471 36.13 ROBERT E & KEVIN E SORENSEN 6444 ALDRICH RD BELLINGHAM WA 98226-9604 4 390310099299 9.89 ROBERT E & SARA A C WATSON 6715 LUNDE RD EVERSON WA 98247-9635 6 390309428297 10.29 ROBERT E & SARA A C WATSON 6715 LUNDE RD EVERSON WA 98247-9635 6 390309456362 13.40 ROBERT E & SARA A C WATSON 6715 LUNDE RD EVERSON WA 98247-9635 4 390310195514 5.57 ROBERTG & PAULINE K VAN WEERDHUIZEN 7026 NOON RD EVERSON WA 98247-9649 4 390302211098 5.20 ROBERT G & ROBERT M HUBBARD & JENNIFER J HUBBARD 1898 E POLE RD IEVERSON WA 98247-9614 2 390302211038 4.93 1 ROBERT G HUBBARD 1898 E POLE RD EVERSON IWA 98247-9614 Page 14 507 LAUREL WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL# ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 4 390302092066 6.14 ROBERT G VAN WEERDHUIZEN & PAULINE J VAN WEERDHUIZEN 7026 NOON RD EVERSON WA 98247-9649 24 390315347411 57.01 ROBERT L & DELINDA F TJOELKER 3036 HENRIETTA AVE LA CRESCENTA CA 91214-1911 4 390213104435 9.37 ROBERT L CASTANEDA 425 W KING TUT RD BELLINGHAM WA 98226-9627 4 390213075500 5.08 ROBERT P & VINNIE M THOMPSON 449 W KING TUT RD BELLINGHAM WA 98226-9627 6 3902IS330418 14.58 ROBERT W & VIVIAN H SMALL 6451 NORTHWEST DR FERNDALE WA 98248-8803 16 390215203465 38.71 ROBERT W SMALL 6451 NORTHWEST DR FERNDALE WA 98248-8803 6 390215214217 10.06 ROGER A & VONDA K BOXX 6301 NORTHWEST DR FERNDALE WA 98248-9455 6 390321412314 10.16 ROSS P MOLBERG 1212 E LAUREL RD BELLINGHAM WA 98226-7411 8 390223221316 19.68 RUPERT E & JOAN DEFRIES 780 W LAUREL RD FERNDALE WA 98248-9428 6 390215203367 11.18 RYAN D & MELYLANI M LARCOM 6381 NORTHWEST DR FERNDALE WA 98248-9455 14 390210335350 33.81 S KATHU SINGH SIDHU 1005 W POLE RD FERNDALE WA 98248-8423 2 390319256495 4.55 SANGHA FAMILY LLC 6185 CHASTEEN RD LYNDEN WA 98264-9051 2 390319286495 4.60 SANGHA FAMILY LLC 6185 CHASTEEN RD LYNDEN WA 98264-9051 2 390319316495 4.76 SANGHA FAMILY LLC 6185 CHASTEEN RD LYNDEN WA 98264-9051 4 390319356497 5.27 SANGHA FAMILY LLC 6185 CHASTEEN RD LYNDEN WA 98264-9051 8 390318343078 19.38 SANGHA FAMILY LLC 6185 CHASTEEN RD LYNDEN WA 98264-9051 8 390318283078 19.40 SANGHA FAMILY LLC 6185 CHASTEEN RD LYNDEN WA 98264-9051 8 390319310431 19.48 SANGHA FAMILY LLC 6185 CHASTEEN RD LYNDEN WA 98264-9051 2 390214307092 5.00 SCOT C LAUGHLIN 6158 ALDRICH RD FERNDALE WA 98248-9427 10 390221062358 24.80 SCOTTA BEDLINGTON 50% & MELISSA M BEDLINGTON-KLEINDEL 50% 8497 GUIDE MERIDIAN LYNDEN WA 98264-9742 8 390223210444 15.93 SCOTT L DEKOEKKOEK & DIANNE M ANDERSON & SHIRLEYJ ANDERSON 6035 ALDRICH RD FERNDALE WA 98248-9450 6 390223443438 12.21 SEVENTH HEAVEN LLC 2110 GREENVIEW LN LYNDEN WA 198264-8568 508 Page 15 LAUREL WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL#! ACRES NAME ''ADDRESS,CITY STATE ZIP COUNTRY 2 390303464025 5.04 SHANE VANDERVEEN 1428 E POLE RD EVERSON WA 98247-9645 6 1390321364321 13.82 SHIRLEY LSMITH 1186 E LAUREL RD BELLINGHAM WA 98226 16 390319180460 39.42 SIDHU BERRY FARM INC 221 E HEMMI RD LYNDEN WA 98264-9658 6 390315428355 10.38 STEPHANIE ALMSKAAR 1600 TEN MILE RD EVERSON WA 98247-9605 2 390314020301 4.81 STEPHEN D & CHRISTINA M DOUGE 7970 RODEO DR LYNDEN WA 98264-8401 2 390311033017 4.52 STEVEN H & CONNIE E REGAN 1724 CENTRAL RD EVERSON WA 98247-9625 6 390309038371 14.43 SUKHBIRSANGHA 988 E POLE RD EVERSON WA 98247-9639 12 390318393349 29.14 SUKHPAL K GILL 16578 108A AVE SURREY BC IV4N 5E2 CANADA 10 390310097463 20.49 SUKHVINDER S GHUMAN 1354 E POLE RD EVERSON WA 98247-9644 6 390211492445 13.75 TERRY K & KAREN L DE WAARD 281 W WISER LAKE RD FERNDALE WA 98248-9421 6 390316070145 10.11 TIMOTHY A & PAMELA HALDERMAN 6218 HANNEGAN RD EVERSON WA 98247-9781 10 390321080440 21.00 TOWNLINE GROWERS INC PO BOX 98 SUMAS WA 98295-0098 6 390315431165 10.71 TRAVIS C DICKSON 1628 E HEMMI RD EVERSON WA 98247-9771 20 390210132459 45.98 TY NEEVEL 6871 NORTHWEST DR FERNDALE WA 98248-9425 16 390214347204 37.49 VALA G NESTLE 6270 ALDRICH RD FERNDALE WA 98248-9483 4 390211200250 9.88 VICKY COULON 6715 ALDRICH RD BELLINGHAM WA 98226-9601 6 390211204287 10.25 VICKY COULON 6715 ALDRICH RD BELLINGHAM WA 98226-9601 4 390226116342 5.06 WAYNE A & GAIL S WIDMAN 829 WHISPER WAY BELLINGHAM WA 98226-7386 18 390226483199 40.77 WESLEY H & KAREN ELDRED & WEYLIN L & AMELIA E ELDRED 5425 MANTHEY RD BELLINGHAM WA 98226-9620 2 390308080297 5.04 WILLIAM & CARLA DOTINGA 1T 522 BEARD RD LYNDEN WA 98264-9681 8 390309497068 19.69 WILLIAM B MIDDLETON 1272 CENTRAL RD EVERSON WA 98247-9632 4 390225416455 1 7.36 WILLIAM J & PEGGY S MOORE 1168 W AXTON RD BELLINGHAM IWA 98226-9659 Page 16 509 LAUREL WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL# ACRES NAME ADDRESS' CITY STATE ZIP COUNTRY 8 390224501106 18.56 WILLIAM J & PEGGY S MOORE 168 W AXTON RD BELLINGHAM WA 98226-9659 6 390222221532 10.71 WILLIAM R & MARY LOU ROESSEL 6057 NORTHWEST DR FERNDALE WA 98248-9413 18 390226339206 40.46 WILLIAM R DEGROOT 5424 ALDRICH RD BELLINGHAM WA 98226-9678 14 390225196470 34.18 ZHONGYONG DAI & DONGSHENG YAN 7275 FROBISHER DR RICHMOND BC V7C 4P8 CANADA 3,612 8,229 510 Page 17 NOTICE OF PETITION AND PUBLIC HEARING PRESENTATION OF THE PETITION FOR FORMATION OF THE LAUREL WATERSHED IMPROVEMENT DISTRICT (AN IRRIGATION DISTRICT) Notice is hereby given by the Clerk of the Whatcom County Council that a petition to form an irrigation district, to be known as the Laurel Watershed Improvement District, shall be presented to the Whatcom County Council on September 16, 2014, at 7:00 p.m. in the Whatcom County Council Chambers, 311 Grand Avenue, Bellingham, and a hearing on said petition shall be conducted. The undersigned holders of title to, or evidence of title to land susceptible of irrigation, who constitute fifty or a majority of said title to land within the boundaries of the hereinafter described lands, hereby petition the Whatcom County Council of Whatcom County, Washington for the formation of an irrigation district pursuant to Chapter 87.03 RCW and upon the showing of the following: A description of the lands to be included in the operation of the district, in legal subdivisions or fractions thereof, is as follows: Township 39_North_Range 2 East,_ Willamette_MeridianIWM-) Section 9 - all parcels east of Nooksack River Section 10 - excepting S1/2SE1/4 and S3/4NE1/4SE1/4 Section 11 - excepting W1hSE'/4 Section 13 Section 14 - E'/2, SE'/4NW'/4 Section 15 - W'/2, S3/4NE'/4, N'/4SE'/4 Section 16 - all parcels east of Nooksack River Section 20 - all parcels east and south of Nooksack River in N1/2SE1/4 and S1/2NE1/4 Section 21 - excepting SE'/4 Section 22 - N'/2N'/2 Section 23 - excepting SW'/4NW'/4 and SW'/4SW'/4 Section 24 - excepting NE'/4 Section 25 - N'/2, W'/2 N W'/4 S W'/4 Section 26 - excepting S1/2S1/2 Township 39 North, Ranae 3 East. Willamette Meridian (WM Section 2 - S1/2SW1/4 Section 3 - S1hSE'/4, SE'/4SW1/4, S'/4NW'/4SE'/4 Section 7 - excepting N1hNE'/4 and that portion of the SW'/4NE1/4 lying N of the S 34 acres Section 8 - excepting N'/2N'/2 Section 9 - excepting NW'/4NW'/4 Section 10 - N1/2, S E'/4, N'/2 N E'/4 S W'/4, S E'/4 N E'/4 S W'/4 Section 11 - W1/2SW1/4 Section 14 - W1/2W1/2 Section 15 - NE'/4, NE'/4SE'/4, N'/2NW'/4SE'/4, S'/3NW'/4 excepting W1/2SW1/4 Section 16 - excepting N1/2NE1/4 Sections 17 - 18 Section 19 - NE'/4NW'/4, NW'/4NE1/4 Section 21 - N1/2 Excepting from all of the above described parcels the following: • All lands within the City of Ferndale and Everson; • All parcels less than four and one-half acres in size; • All tax-exempt parcels; • All parcels outside of Ag Open Space tax classification. • Parcels split by the legal description where the majority of the acres are outside the Legal Description for the district. The Laurel Watershed Improvement District ("District") is being proposed to address both water supply, water quality, and other environmental issues affecting agricultural landowners consistent with the authority of such districts under RCW Chapter 87.03. 511 Landowners who currently hold water rights from ground or surface water sources will continue to own and use those water rights to self -supply their water, and the creation of the proposed District will create no authority by the District over water rights held by landowners. The District will be developing and implementing new water supply options for those landowners who lack adequate water rights. Such water supplies developed by the District could include water supplies developed through water right permitting, transfers, banking, and mitigation programs. The development of these new water supply options will be subject to Washington's water resources code, Chapters 90.03 and 90.44 RCW, including all necessary reviews and approval by the Washington Department of Ecology, which includes the protection of other water rights from impairment. The proposed District will prepare plans for watershed improvements including projects that address drainage and flooding, help to improve in -stream flows, promote efficient irrigation water management practices and enhance water quality and fish habitat. The number of directors desired for the administration of the affairs of the District shall be 5. The District shall be known and designated as Laurel Watershed Improvement District. The purposes of the District shall be for developing water supply options for agricultural landowners; implementing water quality protection measures; improving drainage and other conditions that limit or impair the uses of land for agricultural purposes. The District shall also act on behalf of landowners to provide cooperative watershed management functions as authorized by RCW 87.03.019 and RCW 39.34.210, which establish the authority for the District to participate in actions and agreements for the purposes of water supply, water quality, and water resource and habitat protection and management. The District is proposed for the performance of all things necessary to enable the district to exercise the powers granted in Chapter 87.03 RCW. Public documents are available for review in the Council Office, 311 Grand Avenue, Bellingham, and at www.co.whatcom.wa.us/council. Meetings are in the Council Chambers, same address, at 7:00 p.m., unless otherwise announced. The Council Chambers is handicapped accessible. People with special needs or disabilities who will be attending this meeting are asked to please contact our office (676- 6690 or 800-676-6757 from Point Roberts) at least 96 hours in advance, so that we may make any needed accommodations. If interpretive services or transportation is needed, please call more than two days ahead of time. Dated August 6, 2014 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis Clerk of the Council SIGNATURE OF PETITIONER WHOSE NAME FIRST APPEARS UPON THE LAUREL PETITION: KEN SIDHU Publish: August 28, 2014 September 4, 2014 September 11, 2014 Carl Weimer Council Chair 512 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 226 B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 6/9/2014 9/16/2014 Council - Originator: Introduction Division bead: 9/30/2014 Council Dept. Head ' `cl, 14 Prosecutor: Purchasin/Bud et: Executive: TITLE OF DOCUMENT. Resolution accepting petition and poll bookordering election for S. Lynden WID ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution accepting petition and poll book, establishing boundaries, and ordering an election to determine formation of a proposed irrigation district in Whatcom County to be known as the South Lynden Watershed Improvement District. Per 87.03 RCW, this resolution orders an election to determine if an irrigation district (to be known as the South Lynden Watershed Improvement District) will be formed, sets the boundaries for the district, and approves the election process to be followed. At the hearing, council will receive evidence and may adjourn the hearing from time to time as necessary to gather additional information, not to exceed four weeks in all. After the hearing, the council will establish and define the boundaries of the district in order to "best reclaim the lands involved". Defining the boundaries is the council's main function in the process. The council must leave it to the voters to decide whether the district will be formed. The council can't modify the boundaries to exempt any territory already included in the boundaries if that territory is "susceptible of irrigation by the same system of works applicable to other lands in such proposed district and for which a water supply is available." Lands that will not benefit from inclusion in the district may be exempted. Property may be added to the district boundaries if it is shown that it will benefit from being included in the district. COMMITTEE ACTION.• COUNCIL ACTION. 9/16/2014: Held to 9/30/14, written record open until 4:30 p.m. on 9/25/14 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. 513 SPONSORED BY: CONSENT PROPOSED BY: CITIZEN INTRODUCED: SEPTEMBER 16, 2014 RESOLUTION NO. ACCEPTING PETITION AND POLL BOOK, ESTABLISHING BOUNDARIES, AND ORDERING AN ELECTION TO DETERMINE FORMATION OF A PROPOSED IRRIGATION DISTRICT IN WHATCOM COUNTY TO BE KNOWN AS THE SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT WHEREAS, on July 23, 2014, a petition was filed with the Whatcom County Council Office requesting that necessary steps be taken to organize an irrigation district in Whatcom County to be known as the South Lynden Watershed Improvement District; and WHEREAS, the petition met the requirements for a complete petition as outlined in State law; and WHEREAS, on August 5, 2014, the Whatcom County Council was officially notified that the petition had been filed and the required bond in a sum double the amount of the estimated cost of forming the proposed district had been received; and WHEREAS, the Council's role in the district formation process is to formally accept the petition and bond, establish the boundaries of the proposed district, establish the district's name, and call for an election of the property owners residing within the proposed district boundaries to determine whether the district shall be formed and who shall serve on the district's board of directors. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the proposed irrigation district shall be known as the South Lynden Watershed Improvement District. BE IT FURTHER RESOLVED that the petition requesting the organization of the South Lynden Watershed Improvement District is hereby accepted as presented. BE IT FURTHER RESOLVED that the poll book, as presented, is hereby accepted and certified as being as accurate as possible using the most current data available from the Whatcom County Assessor's Office. BE IT FURTHER RESOLVED that the boundaries of the proposed district shall be as set forth in Exhibit A to this resolution. BE IT FINALLY RESOLVED that an election shall be set and carried out in the manner detailed in Exhibit B to this resolution and an election date of , 2014, is hereby set. APPROVED this day of , 2014. ATTEST WHATCOM COUNTY COUNCIL WHATCOM COUNTY WASHINGTON Dana Brown -Davis, Clerk of the Council Carl Weimer, Council Chair APPR ED A Q TO F ivi Deputy Prosecutor 514 EXHIBIT A A description of the lands to be included in the operation of the district, in legal subdivisions or fractions thereof, is as follows: Township 40 North, Range 2 East, Willamette Meridian (WM) Section 34 - all parcels south and east of Nooksack River Section 35 - all parcels south and east of Nooksack River Section 36 - all parcels south and east of Nooksack River Township 40 North, Range 3 East, Willamette Meridian (WM) Section 3 - SE'/4SE'/4, SE'/4NE'/4SE'/4 Section 10 - SE'/4, SE'/4NW'/4, NE'A Section 11 - NW'/4, SW'/4, W'/2SE'/4 Section 14 - W'/2, SE'/4 Section 15 - excepting NW'/4 Section 20 - all parcels south of Nooksack River and east of Hannegan Road Sections 21 - 22 Section 23 - excepting E'/2NE'/4 Sections 25-28 Section 29 - all parcels south and east of Nooksack River Section 30 - all parcels south of Nooksack River Sections 31-36 Township 39 North, Range 2 East, Willamette Meridian (WM) Sections 1-2 Section 3 - all parcels east of Nooksack River Township 39 North, Range 3 East, Willamette Meridian (WM) Section 2 - N W'/4, N'/zS W'/4, W'hS W'/4 N E'/4, N W'/4 N E'/4, N'h N W'/4 N E'/4 N E'/4, N E'/4 N E'/4 N E'/4 Section 3 - excepting S'/2SE'/4, S'/4NW'/4SE'/4, SE'/4SW'/4 Sections 4 - 6 Section 7 - N'/2NE'/4 Section 8 - N'hNW'/4 Excepting from all of the above described parcels the following: • All lands within the City of Lynden and Everson; • All parcels less than four and one-half acres in size; • All tax-exempt parcels; • All parcels outside of Ag Open Space tax classification. Parcels split by the legal description where the majority of the acres are outside the Legal Description for the district. 515 EXHIBIT B THE ELECTION PROCESS THE ELECTION: The County Council is responsible for conducting the district's formation election in a manner that is similar to the way future elections for directors of the district will be conducted. Voting will take place by mail. An election day of , 2014, has been selected and ballots must be returned to the Council Office or postmarked by that date to be counted toward the election. THE BALLOT: A local printing company will be used to print the ballots, ballot envelopes, and instructions indicating how joint ownership and community property votes are cast as well, as a request to forward the ballot to the property owner if different from the person who receives it. Voting rights shall be allocated as follows: Two votes for each five acres of assessable land or fraction thereof. Ballots will be coded to indicate how many votes each ballot is worth. The ballot shall contain the following language: "Irrigation District - YES" "Irrigation District - NO" The names of persons to be voted for as directors of the district. To be counted in this election, ballots must conform to these requirements: 1. Voted ballots must be sealed and placed in a ballot envelope (provided) and the ballot envelope must be sealed in a return certification envelope (provided). The certification envelope will contain a "voter's certification" and a "witness certification" on the back of the envelope as follows: Voter's Certification I certify as true, under penalty of perjury under the laws of the State of Washington, that I am a landowner within the proposed district who is 18 years or more of age, a citizen of the United States, a resident of the State of Washington, and hold title or evidence of title to assessable land in the proposed district. If the landowner is a corporation, I certify as true, under penalty of perjury under the laws of the State of Washington, that I am a duly authorized agent for the purpose of voting on this election by the corporation. Signature (Landowner/Voter) Print Name (Landowner/Voter) City & State where signed Date Signed Witness Certification I certify as true, under penalty of perjury under the laws of the State of Washington, that I am acquainted with the above voter and the voter's signature above was affixed in my presence. Signature (Witness) Print Name (Witness) City & State where signed _ Date 2. Both the "voter's certification" and the "witness certification" must completed and signed as indicated. Unsigned and/or unwitnessed ballots will not be counted. 516 3. Ballots must be hand delivered to the Council Office prior to 4 p.m. on , 2014; or mailed to the Clerk of the Council, postmarked no later than midnight on 2014, and received by the Clerk of the Council within five days of that date. Ballots will be kept unopened and secure under the responsibility of the Clerk of the Council until the time in which ballots may be received is closed. The Council appoints the Clerk of the Council and assigned staff, with assistance from the Whatcom County Auditor as available, to proceed at once to determine whether the voters submitting ballots are qualified to vote and to count and tally the votes of those determined to be qualified. The Whatcom County Council will meet on , 2014, to canvass the returns. If it appears that at least two-thirds of all votes cast are in favor of the district, the Council shall by order declare the district duly organized and shall declare the qualified persons receiving the highest number of votes to be duly elected directors and shall cause a certified copy of the order to be filed for record in the offices of the County Auditor and Assessor. 517 STATE 017 VVAS6iit dG MeN 1. ) LPAR 1 i4 EN 1 l F 1-: C (,) L(. ('§-V r I for I#VIs.hinglCarf .$€fi--hy .S of gim - 11F;d":iolFti wiilh <i $;,p F 6 d€`:,; dingy r.:' w T 41 8,i 4..l-6 f4f September 8, 2014 Wliatconn, County Council Members c/o Dana Brown -Davis, Clerk of the Council Whatcom County 311 Grazed Avenue, Suite 105 Bellingham, WA 98226 Dear Honorable Council Members: Thank you for your letter dated August 18, 2014, to Maia Bellon, regarding petitions to farnn four new irrigation districts (also referred to as watershed improvement districts or WIDs) in Whatcom County: Drayton. WID, South Lynden WID, Laurel WID, and Sumas WID. Director Bellon referred the letter to me far response. In your letter, you request that the Washington State Department of Ecology (Ecology), at the expense of the irrigation district proposers, make any necessary investigations and file a report of findings, together with a statement of cost, with the Whatcorn County Corin. 61 Cf>`icc at or prior to the Bearing date of September 16, 2014, consistent with the regti,irem,ents of Chapter 87.03.020 RCW. This letter constitutes the report of our findings and statement of costs, Please note: Ecology's findings, do not in any way convey any water rights to individuals or entities associated with the proposed WIDs, nor does Ecology's finding affect the status of any existing water right(s) in Whatcom County. Based on review of the materials provided, it is our understanding that the purposes of cactii of the four WIDs are the sarne:, providing watershed improvements by developing water supply options for agricultural landowners; implementing water quality protection naeas-ures; improving drainage and other conditions; and improving fish habitat. We support the Petitioners' goals to reduce non -permitted irrigation and promote irrigation efficiencies, to improve water quality, and to enhance instrearn and out -of -Stream habitat protection for endangered species in Whatcom County. In their notices of petition, the petitioners state that "(landowners) who currently hold water rights from ground or surface water sources will continue to own and use those water rights to self -supply their water, and the creation of the proposed (Districts) will create no authority by the (Districts) over water rights held by the landowners." Further, they state that the development of any "new water supply options will be subject to Washington's water resources code, Chapters 90.03 and 90.44 R.CW, which includes the protection of other water rights from impairment." Ecology supports these statements and looks forward to working with the WIDs, as per Chapters 90.03 and 90.44 RCW (the state's water code). 518 RCW 87.03.020 states, in part, that the notice of the petition shall be provided to the Director of Ecology "who shall, at the expense of the district in case it is later organized, otherwise at the expense of the petitioners' bondspersons, make such investigation of the sufficiency of the source and supply of water for the purposes of the proposed district, as he or she may deem necessary, and file a report of his or her findings, together with a statement of his or her costs, with the board of county commissioners at or prior to the time set for said heating." A review of Ecology's water rights database and petitioners' materials did not find any water rights held by the proposed Drayton WID, South Lynden WID, Laurel WID, or Suntas WID. However, since the objectives of the proposed WIDs do not actually require any water rights, this does not appear to be inconsistent with petitioners' proposals. As such, there is an adequate supply of iwater for the four proposed districts because no water is heeded for the WIDs' purposes (i.e., none, as none is needed). Ecology expects to provide technical assistance to the WIDs upon request and as time and staffing allow, consistent with our goals to provide public assistance and support water quantity and water quality improvements in the Nooksack basin. Additionally, since the costs to Ecology to provide this report were minimal, EcoioV does not intend to request the reinibursernent of expenses ineurred (statement of cost is zero). t If you have any questions, please feel free to contact Doug Allen, Manager of Ecology's Bellingham Field Office, at (360) 715-5200. Respectfully, Tom Loranger Water Resources Program Manager ecc: Maia Bellon, Department of Ecology Polly Zelun, Department of Ecology Josh Baldi, Department of Ecology Heather Bartlett, Department of Ecology Doug Allen, Department of Ecology Henry Bierlink, Ag. District Coalition Bill Clarke, Ag. District Coalition ' Activities that the WIDs (if for►ned) may choose to undertake, such as processing new water rights or water right changes/transfers, may incur costs or fees. These standard expenses still apply and will need to be paid to Ecology by the applicant. me SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 16 400335077073 38.87 4 LEGS LLC 2059 VAN DYK RD EVERSON WA 98247-9729 18 390302064459 40.10 4 LEGS LLC 2059 VAN DYK RD EVERSON WA 98247-9729 20 390302064323 45.58 ABIGAIL M REVAK 7188 NOON RD EVERSON WA 98247-9650 6 390305466380 10.36 AJAIB S CHAUHAN 484 W WISER LAKE RD FERNDALE WA 98248-9462 24 400236046168 56.24 AJAIB S CHAUHAN & SARABJEET KAUR EA 1/2 484 W WISER LAKE RD FERNDALE WA 98248-9462 6 400310484423 10.88 AJIT P KAUR 1/2 & PINDAR AZAD 1/2 JT 7593 WHITESPRAY DR VANCOUVER BC V5X 4T3 CANADA 14 400310440424 31.16 AJIT P KAUR 1/2 & PINDAR AZAD 7593 WHITESPRAY DR VANCOUVER BC V5X 4T3 CANADA 18 390302200458 41.35 AKM FARMS INC 9966 159 ST SURREY BC V4N 2A6 CANADA 16 400321467223 38.80 ALAMWALA FARMS INC PO BOX 242 LYNDEN WA 98264-0242 8 400334048172 17.70 ALDRICH DEVRIES 7418 THIEL RD LYNDEN WA 98264-9442 6 400332065237 13.85 ALICE VANDER GIESSEN 552 E WISER LAKE RD LYNDEN WA 98264-9455 16 400314193458 36.66 ANNA VAN DIEST 6845 KYLE LN EVERSON WA 98247-9770 16 400314065458 38.64 ANNA VAN DIEST 6845 KYLE LN EVERSON WA 98247-9770 16 400314194330 39.96 ANNA VAN DIEST 6845 KYLE LN EVERSON WA 98247-9770 10 400324300075 20.33 ANTHONY L YORK 2310 TIMON RD EVERSON WA 98247-9372 2 390306053121 5.02 ARLO & CHARLOTTE SCHOUTEN 7456 THIEL RD LYNDEN WA 98264-9442 6 400310233307 12.38 ARLO L & MARIBETH DE ZEEUW 1710 E BADGER RD EVERSON WA 98247-9322 18 400311035140 40.09 ARLO L & MARIBETH DE ZEEUW 1710 E BADGER RD EVERSON WA 98247-9322 6 390307255452 12.95 ARLYN L PLAGERMAN 242 BEARD RD LYNDEN WA 98264-9603 6 390201463080 10.07 ARTISTIC FARMS (INC) - RONALD BACON PO BOX 262 LYNDEN WA 98264-0262 2 390203302147 4.50 AUDREY K NEEVEL 7048 NORTHWEST DR FERNDALE WA 98248-9425 520 Page 1 SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY + STATE ZIP COUNTRY 4 390303413425 8.88 BANT S & SURAT K SIDHU 30620 HUNTINGDON RD ABBOTTSFORD BC V2T 6137 CANADA 8 400313103074 19.46 BARRY M SR & JONNI L OXFORD 8535 OXFORD HILL LN EVERSON WA 98247-8240 4 1390305249240 5.43 BATHE FARMS INC PO BOX 973 SUMAS WA 98295-0973 10 390305210177 24.46 BATHE FARMS INC PO BOX 973 SUMAS WA 98295-0973 14 400332428020 31.58 BATHE FARMS INC PO BOX 973 SUMAS WA 98295-0973 14 390305184459 31.62 BATHE FARMS INC PO BOX 973 SUMAS WA 98295-0973 16 390305170269 39.94 BATHE FARMS INC PO BOX 973 SUMAS WA 98295-0973 18 390305072468 40.28 BATHE FARMS INC PO BOX 973 SUMAS WA 98295-0973 18 390305297453 40.39 BATHE FARMS INC PO BOX 973 SUMAS WA 98295-0973 18 1390305114360 42.86 BATHE FARMS INC PO BOX 973 SUMAS WA 98295-0973 10 400335367460 20.09 BEDLINGTON-KELINDEL REAL 8497 GUIDE MERIDIAN LYNDEN WA 98264-9742 12 400335467468 27.11 BEDLINGTON-KELINDEL REAL ESTATE LLC 8497 GUIDE MERIDIAN LYNDEN WA 98264-9742 16 400334205189 40.02 BENJAMIN L & JESSICA A 1469 VAN DYK RD LYNDEN WA 98264-9448 10 390202306472 20.18 BERNICE I AKER 682 W WISER LAKE RD FERNDALE WA 98248-9488 12 400235310089 26.03 BERNICE I AKER 682 W WISER LAKE RD FERNDALE WA 98248-9488 18 400321240330 44.25 BERRY ACRES AGRICULTURAL LLC 752 LOOMIS TRAIL RD LYNDEN WA 98264-9110 32 400323060329 77.15 BERTHA H MEENDERINCK 905 AARON DR #216 LYNDEN WA 98264-8514 28 400236472280 68.20 BETTY PIERSMA & CAROLE 5512 SEHOME CT BLAINE WA 98230-9309 4 400331266320 5.22 BLOK DAIRY FARM LLC 7768 BEEBE RD LYNDEN WA 98264-9407 8 4003304530351 19.73 BLOK DAIRY FARM LLC 17768 BEEBE RD ILYNDEN WA 98264-9407 10 4003314475081 21.21 BLOK DAIRY FARM LLC 17768 BEEBE RD ILYNDEN WA 98264-9407 Page 2 521 SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 12 400329409109 25.83 BLOK DAIRY FARM LLC 7768 BEEBE RD LYNDEN WA 98264-9407 12 1400329413197 26.02 BLOK DAIRY FARM LLC 7768 BEEBE RD LYNDEN WA 98264-9407 12 400329411151 26.11 BLOK DAIRY FARM LLC 7768 BEEBE RD LYNDEN WA 98264-9407 12 400329413240 27.02 BLOK DAIRY FARM LLC 7768 BEEBE RD LYNDEN WA 98264-9407 14 400331307187 33.43 BLOK DAIRY FARM LLC 7768 BEEBE RD LYNDEN WA 98264-9407 4 400321461463 6.43 BLUE RIDGE INC PO BOX 894 LYNDEN WA 98264-0894 12 400321461463 25.95 BLUE RIDGE INC PO BOX 894 LYNDEN WA 98264-0894 26 400323460172 60.98 BOSCHMA FAMILY REVOCABLE TRUST HANK & BERNICE 2056 HAMPTON RD EVERSON WA 98247-9364 8 400323494338 19.31' BOSCHMA FAMILY TRUST HANK & 2056 HAMPTON RD EVERSON WA 98247-9364 4 400334354110 6.47 BRADLEY E & SHERYL DEHAAN 1605 VAN DYK RD LYNDEN WA 98264-9206 16 400315464200 37.99 BRADLEY K & LORNA J TEVELDE 1747 KAMM RD LYNDEN WA 98264-9540 18 400314065330 40.47 BRADLEY K & LORNA J TEVELDE 1747 KAMM RD LYNDEN WA 98264-9540 8 400313236072 19.43 BRANT & MEGAN L VISSER 2272 LINDSAY RD EVERSON WA 98247-9354 18 400321302445 42.96 BRENNICK FAMILY REVOCABLE 1164 E FRONT ST LYNDEN WA 98264-1655 18 400325501189 44.87 BRIAN L POSTMA 7859 TRAPLINE RD EVERSON WA 98247-9379 4 390203363237 5.20 BURL A STRICKLAND 7105 RITTER RD FERNDALE WA 98248-9422 6 400322333377 12.44 CAROL A MOLENDYK 1214 HAMPTON RD LYNDEN WA 98264-9533 18 400321445328 41.03 CAROL A MOLENDYK 1214 HAMPTON RD LYNDEN WA 98264-9533 4 400327109171 9.34 CAROL J DEJONG 1364 ABBOTT RD LYNDEN WA 98264-9401 6 1400328156160 14.12 CAROL J DEJONG 1364 ABBOTT RD LYNDEN WA 98264-9401 522 Page 3 SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ' ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 12 400324187073 29.93 CB ACRES LLC 2242 TIMON RD EVERSON WA 98247-9371 12 400329408068 26.11 CLARENCE B & LOLA M OSGOOD 7544 HANNEGAN RD LYNDEN WA 98264-9227 12 400333109399 28.81 CLARENCE B & LOLA M OSGOOD 7544 HANNEGAN RD LYNDEN WA 98264-9227 8 390202345379 15.31 CMF FARMING PROPERTIES LLC 697 LOOMIS TRAIL RD LYNDEN WA 98264-9728 8 1390202465303 15.45 CMF FARMING PROPERTIES LLC 697 LOOMIS TRAIL RD LYNDEN WA 98264-9728 8 390202478370 17.99 CMF FARMING PROPERTIES LLC 697 LOOMIS TRAIL RD LYNDEN WA 98264-9728 6 400310522069 10.51 CONRAD L HOLLEMAN 1684 E BADGER RD EVERSON WA 98247-9321 56 390202411143 138.83 COUGAR CREEK RANCH LLC PO BOX 11159 BAINBRIDGE WA 98110-5159 10 400328186457 21.82 COURTNEY POUNDER 1093 POUNDER RD LYNDEN WA 98264-9202 4 400334095221 7.70 CRABTREE STABLES LLC 1353 VAN DYK RD LYNDEN WA 98264-9498 6 400334095221 11.32 CRABTREE STABLES LLC 1353 VAN DYK RD LYNDEN WA 98264-9498 2 400327281237 4.79 CURTIS W & SANDY DEHAAN 1517 ABBOTT RD LYNDEN WA 98264-9401 18 400313303132 40.33 DALE & DONNA 9545 HILL RD SUMAS WA 98295-9203 18 400313371132 40.32 DALE VANWEERDHUIZEN 9545 HILL RD SUMAS WA 98295-9203 2 400328317494 4.63 DAN & KAREN MATHEIS 1145 POUNDER RD LYNDEN WA 98264-9439 8 400329219325 16.08 DAN B NOTEBOOM 7800 NOON RD LYNDEN WA 98264-9435 6 390305369068 10.43 DANA D & DIANA LJOHNSON 714 E POLE RD LYNDEN WA 98264-9018 16 390305205071 39.92 DANA D & DIANA L JOHNSON 3950 HOME RD BELLINGHAM WA 98226-9147 4 400333078353 10.03 DANIEL G & KATHY A CRAMER 956 VAN DYK RD LYNDEN WA 98264-9203 8 390203452045 18.98 DANIEL R & VICKIE HALLENBACK 6949 WOODLYN RD FERNDALE WA 98248-9420 4 400336333279 6.07 DANIEL W & TERRI J NOTEBOOM 7800 NOON RD LYNDEN WA 98264-9435 6 400336151336 11.42 DANIEL W & TERRI J NOTEBOOM 7800 NOON RD LYNDEN WA 98264-9435 6 400326224076 11.75 DANIEL W & TERRI J NOTEBOOM 7800 NOON RD LYNDEN WA 98264-9435 8 400336217311 19.55 DANIEL W & TERRI J NOTEBOOM 7800 NOON RD LYNDEN WA 98264-9435 14 400336265374 33.89 DANIEL W & TERRI J NOTEBOOM 7800 NOON RD LYNDEN WA 98264-9435 16 1400335064456 39.54 DANIEL W & TERRI J NOTEBOOM 17800 NOON RD LYNDEN WA 98264-9435 Page 4 523 SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY ' STATE ZIP COUNTRY 18 400335202454 43.04 DANIEL W & TERRI J NOTEBOOM 7800 NOON RD LYNDEN WA 98264-9435 42 400326224076 104.29 DANIEL W & TERRI J NOTEBOOM 7800 NOON RD LYNDEN WA 98264-9435 10 390304405478 23.44 DARLYN M DEL BOCA & DAVID K PO BOX 5525 BELLINGHAM WA 98227-5525 14 390303199183 31.25 DARMAN RECYCLING USA INC PO BOX 3163 LANGLEY BC V6E 2K3 CANADA 6 400325542066 10.91 DARYL BLANKERS 4278 MASTERSON RD BLAINE WA 98230-9797 14 400328086050 34.53 DAVID A & DEANNA J MILLER 5017 HANNEGAN RD BELLINGHAM WA 98226-9754 4 400325506370 5.07 DAVID L & KIMBERLY D TJOELKER 7989 TRAPLINE RD EVERSON WA 98247-9378 16 400325467329 35.15 DAVID L TJOELKER 7989 TRAPLINE RD EVERSON WA 98247-9378 24 400324071105 55.94 DAVID W A & SHIRLEY B RUBBERT 2150 TIMON RD EVERSON WA 98247-9370 6 400322060462 13.18 DDS FAMILY LP PO BOX 894 LYNDEN WA 98264-0894 12 400322060462 26.50 DDS FAMILY LP PO BOX 894 LYNDEN WA 98264-0894 8 1400311196304 19.96 DEAN J & LINDA E KING 1850 HAVEMAN RD LYNDEN WA 98264-9593 6 390303395520 11.26 DEHAAN BROTHERS LLC 1605 VAN DYK RD LYNDEN WA 98264-9206 12 400334340048 25.38 DEHAAN BROTHERS LLC 1605 VAN DYK RD LYNDEN WA 98264-9206 12 400334455063 25.57 DEHAAN BROTHERS LLC 1605 VAN DYK RD LYNDEN WA 98264-9206 18 390303468332 41.45 DENNIS R & SHERRI L MILLER 7181 NOON RD EVERSON WA 98247-9650 4 400335427047 9.46 DEREK & DEBRA GAVETTE & 2092 VAN DYK RD EVERSON WA 98247-9729 14 400335427047 32.36 DEREK & DEBRA GAVETTE & 2092 VAN DYK RD EVERSON WA 98247-9729 4 390201290061 7.18 DEWILDE FAMILY IRREVOCABLE TRUST 6930 OLD GUIDE RD LYNDEN WA 98264-9015 6 390201200214 10.27 DEWILDE FAMILY IRREVOCABLE TRUST 6930 OLD GUIDE RD LYNDEN WA 98264-9015 6 3903073534 DEWILDE FAMILY IRREVOCABLE 16930 OLD GUIDE RD ILYNDEN IWA 98264-9015 6 1390307320455 11.28 DEWILDE FAMILY IRREVOCABLE TRUST 6930 OLD GUIDE RD LYNDEN �WA 198264-9015 524 Page 5 SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 6 390201233121 14.52 DEWILDE FAMILY IRREVOCABLE 6930 OLD GUIDE RD LYNDEN WA 98264-9015 8 390306400185 18.54 DEWILDE FAMILY IRREVOCABLE TRUST 6930 OLD GUIDE RD LYNDEN WA 98264-9015 4 1390201113161 9.11 DEWILDE'S PROPERTIES LLC 6930 OLD GUIDE RD LYNDEN WA 98264-9631 6 390201149108 14.78 DEWILDE'S PROPERTIES LLC 6930 OLD GUIDE RD LYNDEN WA 98264-9631 8 390201180108 15.06 DEWILDE'S PROPERTIES LLC 6930 OLD GUIDE RD LYNDEN WA 98264-9631 6 400327281105 14.75 DJ FARMSTEADS LLC 1364 ABBOTT RD LYNDEN WA 98264-9401 8 400328231072 16.56 DJ FARMSTEADS LLC 1364 ABBOTT RD LYNDEN WA 98264-9401 8 400327380088 16.76 DJ FARMSTEADS LLC 1364 ABBOTT RD LYNDEN WA 98264-9401 10 400328040171 22.96 DJ FARMSTEADS LLC 1364 ABBOTT RD LYNDEN WA 98264-9401 16 400327338139 35.90 DJ FARMSTEADS LLC 1364 ABBOTT RD LYNDEN WA 98264-9401 16 400327135361 36.42 DJ FARMSTEADS LLC 1364 ABBOTT RD LYNDEN WA 98264-9401 16 400328464460 38.34 DJ FARMSTEADS LLC 1364 ABBOTT RD LYNDEN WA 98264-9401 18 400334476454 40.21 DJ FARMSTEADS LLC 1364 ABBOTT RD LYNDEN WA 98264-9401 18 400327443127 41.07 DJ FARMSTEADS LLC 1364 ABBOTT RD LYNDEN WA 98264-9401 6 400325064135 12.79 DONALD L & SALLY M KORTHUIS 2151 STICKNEY ISLAND RD EVERSON WA 98247-9304 6 400325064135 13.27 DONALD L & SALLY M KORTHUIS 2151 STICKNEY ISLAND RD EVERSON WA 98247-9304 6 400325064135 13.62 DONALD L & SALLY M KORTHUIS 2151 STICKNEY ISLAND RD EVERSON WA 98247-9304 32 400326105224 75.24 DONALD NOTEBOOM 7842 NOON RD LYNDEN WA 98264-9435 28 400328086432 66.76 DOROTHY M VERDUIN & PHILIP D 8078 HANNEGAN RD LYNDEN WA 98264-9426 20 1400322145336 46.53 DOUBLE H FARMS LLC 1679 TIMON RD EVERSON WA 98247-9309 42 400322162190 100.80 DOUBLE H FARMS LLC 1679 TIMON RD EVERSON WA 98247-9309 12 400235512088 25.53 DOUGLAS J VANDERPOL 506 W WISER LAKE RD FERNDALE WA 98248-9487 2 400321403287 4.79 DWAYNE P & CAROL A 1214 HAMPTON RD LYNDEN WA 98264-9533 4 400321358328 7.99 DWAYNE P MOLENDYK 11214 HAMPTON RD LYNDEN WA 98264-9533 Page 6 525 SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # 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ACRES NAME ADDRESS CITY STATE' ZIP COUNTRY 12 400332071346 29.90 FRANCES DEBOER TRUST - FRANK DEBOER TR 390 E WISER LAKE RD LYNDEN WA 98264-9205 16 1400329203072 39.88 FRANCES DEBOER TRUST - FRANK DEBOER TR 390 E WISER LAKE RD LYNDEN WA 98264-9205 4 400332054308 9.66 FRANK DEBOER 390 E WISER LAKE RD LYNDEN WA 98264-9205 28 400321151108 67.75 FRED JR & GLENDA POUNDER 1112 FRONT ST LYNDEN WA 98264-1828 4 400321075319 8.89 GARY & KALISE HASTINGS 808 S PARK CT LYNDEN WA 98264-9313 10 400332224332 24.92 GARY D & CINDY E HONCOOP 770 E WISER LAKE RD LYNDEN WA 98264-9431 6 400313507100 10.15 GARY G & JODI L DEBEELD 8575 TRAPLINE RD EVERSON WA 98247-9351 2 400321111419 4.71 GARY L & JOAN M DEBRUIN 716 E FRONT ST LYNDEN WA 98264-1614 8 400321205400 16.17 GARY L & JOAN M DEBRUIN 716 E FRONT ST LYNDEN WA 98264-1614 8 400333033076 19.22 GARY LANKHAAR 7372 HANNEGAN RD LYNDEN WA 98264-9468 4 400324515469 6.83 GARY R MAUPIN 8443 TRAPLINE RD EVERSON WA 98247-9356 32 390202075170 76.68 GERALDINE FORSBERG 1/3 & 7032 WOODLYN RD FERNDALE WA 98248-9420 8 400323429336 19.68 GERRIT & CLAUDETTE STERK 2008 HAMPTON RD EVERSON WA 98247-9305 26 400324425337 60.21 GERRIT P VAN WEERDHUIZEN & TAM[ J VAN WEERDHUIZEN 8369 TRAPLINE RD EVERSON WA 98247-9357 4 390306122194 9.77 GLADYS V HORAT 1539 FRUITLAND DR BELLINGHAM WA 98226-1201 16 400323067470 37.70 GLEN A OOSTEMA 8402 NORTHWOOD RD LYNDEN WA 98264-9548 32 1400322407463 78.20 GLEN A OOSTEMA 8402 NORTHWOOD RD LYNDEN WA 98264-9548 6 400327253071 10.19 GRANT & SUSAN VAN DYK 7459 VAN DYK LN LYNDEN WA 98264-9424 12 400334094356 27.62 GRANT & SUSAN VAN DYK 7459 VAN DYK LN LYNDEN WA 98264-9424 14 400334126429 32.75 GRANT & SUSAN VAN DYK 7459 VAN DYK LN LYNDEN WA 98264-9424 24 400327151070 57.61 GRANT & SUSAN VAN DYK 7459 VAN DYK LN LYNDEN WA 98264-9424 36 400334229371 86.33 GRANT & SUSAN VAN DYK 7459 VAN DYK LN LYNDEN WA 98264-9424 8 400329473298 19.88 GROEN FAMILY REVOCABLE 38 ROTTERDAM CT VISALIA CA 93277-8336 Page 8 527 SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 6 400321070355 10.19 HANK & JO ANN ROORDA 850 HAMPTON RD LYNDEN WA 98264-9327 28 400327359421 69.41 HANS & COLLEEN WOLFISBERG 1519 TIMON RD EVERSON WA 98247-9310 18 390303057335 41.73 HARDY LLC 1787 VALMONT DR LYNDEN WA 98264-2065 18 1400321237095 41.40 HAROLD L BOLT 959 AARON DR #106 LYNDEN WA 98264-8549 4 400336350343 7.78 HARRY & JANET & DWAYNE 1908 VAN DYK RD EVERSON WA 98247-9730 14 400327212462 31.29 HENRY A VOSSBECK 1441 POUNDER RD LYNDEN WA 98264-9439 4 400333296190 8.61 HERBERT K GRAFMYRE 1111 VAN DYK RD LYNDEN WA 98264-9447 16 400320495365 37.35 HOWARD J TOP 620 MAIN ST LYNDEN WA 98264-1328 2 400331244277 4.67 HOWARD R & BEVERLY R NUNNIKHOVEN 390 S PARK ST LYNDEN WA 98264-9563 4 400331244357 5.87 HOWARD R & BEVERLY R NUNNIKHOVEN 390 S PARK ST LYNDEN WA 98264-9563 12 400331226339 27.90 HOWARD R & BEVERLY R NUNNIKHOVEN 390 S PARK ST LYNDEN WA 98264-9563 18 390302210203 40.87 HUBBARD FARM PROPERTY TRUST - ROBERT G & WILLIAM E PO BOX 389 LYNDEN WA 98264 10 400327046460 21.81 IRWIN A NOTEBOOM 8000 THIEL RD LYNDEN WA 98264-9444 4 390203422237 5.30 JACK & WILMA PARRIERA 988 W WISER LAKE RD FERNDALE WA 98248-9463 12 400336205090 26.00 JACOB DEHOOG 7357 EVERSON GOSHEN RD EVERSON WA 98247-9788 6 400310426208 13.32 JAGTAR S SANGHA 720 CEDAR DR LYNDEN WA 98264-9123 12 400331324331 29.86 JAKE BLOK DISCLAIMER TRUST 7768 BEEBE RD LYNDEN WA 98264-9407 34 400330307073 80.49 JAKE BLOK DISCLAIMER TRUST 7768 BEEBE RD LYNDEN WA 98264-9407 8 400315183098 15.21 JAMES BOSMAN 1503 LIBERTY ST LYNDEN WA 98264-1231 8 400328228321 19.88 JAMES E & BARBARA S CALLAGHAN 1070 ABBOTT RD LYNDEN WA 98264-9401 4 14003334861001 9.37 JJAMEST & CHARLENE F STERK & 14704 HANNEGAN RD BELLINGHAM WA 98226-7716 528 Page 9 SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # 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ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 6 400322250338 10.23 RONALD G & LINDA C BRONSEMA 8135 NORTHWOOD RD EVERSON WA 98247-9311 8 400322250338 16.70 RONALD G & LINDA C BRONSEMA 8135 NORTHWOOD RD EVERSON WA 98247-9311 10 400324301340 20.29 RONALD G & LINDA C BRONSEMA 8135 NORTHWOOD RD EVERSON WA 98247-9311 8 400324234203 20.00 RONALD G BRONSEMA 8135 NORTHWOOD RD EVERSON WA 98247-9311 18 400324268460 40.63 ROY A & JACQUELYN A HADAWAY 2305 LINDSAY RD EVERSON WA 98247-9353 8 400334205038 19.23 SAM & SONS LP 1855 VAN DYK RD EVERSON WA 98247-9654 10 390303198496 20.32 SAM & SONS LP 1855 VAN DYK RD EVERSON WA 98247-9654 14 400335072319 34.56 SAM & SONS LP 1861 VAN DYK RD EVERSON WA 98247-9655 18 390303132434 41.06 SAM & SONS LP 1855 VAN DYK RD EVERSON WA 98247-9654 6 400310166351 14.90 SAMSON FARMS INC 1861 VAN DYK RD EVERSON WA 98247-9655 8 400311091194 16.71 SAMSON FARMS INC 1861 VAN DYK RD EVERSON WA 98247-9655 14 400311212203 30.56 SAMSON FARMS INC 1861 VAN DYK RD EVERSON WA 98247-9655 14 400335200065 33.26 SAMSON FARMS INC 1861 VAN DYK RD EVERSON WA 98247-9655 18 400311328199 41.23 SAMSON FARMS INC 1861 VAN DYK RD EVERSON WA 98247-9655 24 1400334429195 56.23 SAMSON FARMS INC 1861 VAN DYK RD EVERSON WA 98247-9655 12 400331061211 28.32 SASHAJ BLASKOVICH & INGRID PO BOX 12110 LANGLEY BC V3A 9.15 CANADA 6 400321066221 10.70 SATNAM S & JASWINDER K 9594 BENDER RD LYNDEN WA 98264-9507 20 390304127408 49.96 SATPAL S & SATINDER K SANGHA & PARAMJEET S ROMANA & MANJEET K ROMANA 901 N PINE CT LYNDEN WA 98264-9774 4 400315501112 5.08 SCOTT & MARGARET HAMSTRA 1856 KAMM RD LYNDEN WA 98264-9540 32 400314126069 79.65 SCOTT & MARGARET HAMSTRA 1856 KAMM RD LYNDEN WA 98264-9540 2 400335185108 4.59 SHAMSHER S DHALIWAL 1855 VAN DYK RD EVERSON WA 98247-9655 16 400322200464 35.42 SHARON VAN BEEK 8455 NORTHWOOD RD LYNDEN WA 98264-9548 14 14003233330501 30.72 ISHERMAN J & DORIS M BAJEMA 1902 TIMON RD EVERSON WA 98247-9306 6 400329259271 14.11 SHERMAN L & PHYLLIS A 670 POUNDER RD LYNDEN WA 98264-9437 8 14003293463651 18.29 ISHERMAN L & PHYLLIS A 670 POUNDER RD LYNDEN WA 98264-9437 536 Page 17 SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 10 400329345300 21.24 SHERMAN L & PHYLLIS A POUNDER 670 POUNDER RD LYNDEN WA 98264-9437 4 400330495086 7.26 SHERMAN L & RONALD D 670 POUNDER RD LYNDEN WA 98264-9437 4 400330442183 7.34 SHERMAN L & RONALD D 670 POUNDER RD LYNDEN WA 98264-9437 6 400320215023 10.33 SHERMAN L POUNDER 670 POUNDER RD LYNDEN WA 98264-9437 6 400320325020 10.43 SHERMAN L POUNDER 670 POUNDER RD LYNDEN WA 98264-9437 8 400329309466 16.97 SHERMAN L POUNDER 670 POUNDER RD LYNDEN WA 98264-9437 14 1400329403468 33.00 SHERMAN L POUNDER 670 POUNDER RD LYNDEN WA 98264-9437 16 400329210454 36.61 SHERMAN L POUNDER 670 POUNDER RD LYNDEN WA 98264-9437 18 400329070201 43.21 SHERMAN L POUNDER 670 POUNDER RD LYNDEN WA 98264-9437 18 400329474402 43.24 SHERMAN L POUNDER 670 POUNDER RD LYNDEN WA 98264-9437 16 400335371320 37.99 SPUDKIN LLC 6937 HOLEMAN AVE BLAINE WA 98230-9005 16 390306434462 39.55 STANLEY D & HARRIET R DEWAARD & CHARLES J & CHERYL 289 W WISER LAKE RD FERNDALE WA 98248-9482 10 1390305034284 20.98 STANLEY H & PATRICIA A BRUNER 500 E POLE RD LYNDEN WA 98264-9005 4 400336042384 5.50 STEVEN E & STEPHANIE NOLTE 2127 NOLTE RD EVERSON WA 98247-9659 4 400335532464 6.49 SUKHMENDER S GILL 21695 56 AVE LANGLEY BC V2Y 2M9 CANADA 10 400335532464 22.37 SUKHMENDER S GILL 21695 56 AVE LANGLEY BC V2Y 21V19 CANADA 10 1390303101091 21.93 SUKHVINDER S & BALBIR K 1354 E POLE RD EVERSON WA 98247-9644 12 390303067221 26.43 SUKHVINDER S & BALBIR K GHUMAN 1354 E POLE RD EVERSON WA 98247-9644 14 390303036088 30.40 SUKHVINDER S & BALBIR K 1354 E POLE RD EVERSON WA 98247-9644 16 390306462136 39.66 SUNNY FARMS PROPERTIES PO BOX 128 LYNDEN WA 98264-0128 8 400310435105 15.25 SURAT S & HARBHAJAN K GILL PO BOX 268 EVERSON WA 98247-0268 8 400323066103 18.92 SUZANNE L VANDE HOEF 1031 ABBOTT RD LYNDEN WA 98264-9497 8 400323068168 19.55 SUZANNE L VANDE HOEF 1031 ABBOTT RD LYNDEN WA 98264-9497 10 400322467101 20.47 SUZANNE L VANDE HOEF 1031 ABBOTT RD LYNDEN WA 98264-9497 Page 18 537 SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 10 400322466169 20.55 SUZANNE L VANDE HOEF 1031 ABBOTT RD LYNDEN WA 98264-9497 14 400327516123 34.95 T&L NELSON REVOCABLE TRUST 21607 55TH AVE SE WOODINVILLE WA 98072-8346 2 400335364364 5.03 TAD N ROSMAN & SHANNON R 1985 NOLTE RD EVERSON WA 98247-9657 8 1400324168203 19.95 TAEKE & GEERTJE SALVERDA 2233 HAMPTON RD EVERSON WA 98247-9362 2 390201286454 4.92 TERRY K & KAREN L DE WAARD 281 W WISER LAKE RD FERNDALE WA 98248-9421 2 390305488495 4.83 TERRY W & JANE E WESTHOFF 7235 HANNEGAN RD LYNDEN WA 98264-9217 4 1390305488495 5.35 TERRY W & JANE E WESTHOFF 7235 HANNEGAN RD LYNDEN WA 98264-9217 4 400332507022 6.24 TERRY W & JANE E WESTHOFF 7235 HANNEGAN RD LYNDEN WA 98264-9217 4 390305445475 9.72 TERRY W & JANE E WESTHOFF 7235 HANNEGAN RD LYNDEN WA 98264-9217 6 390305493432 10.07 TERRY W & JANE E WESTHOFF 7235 HANNEGAN RD LYNDEN WA 98264-9217 4 390302206352 8.80 THEO R HAUGEN 516 ROCKPORT CIRCLE FOLSOM CA 95630-6973 12 400322331319 26.72 THEUNIS VAN BERKUM 1465 KAMM RD LYNDEN WA 98264-9328 4 400321327511 5.83 TIM D & LORI M BOSMAN 1250 E FRONT ST LYNDEN WA 98264-1669 12 400311077378 25.45 TIMOTHY R & MINDY VANDER VEEN 1730 PANGBORN RD LYNDEN WA 98264-9557 8 1400327118466 17.30 TODD L & RONI L KELSEY 1379 POUNDER RD LYNDEN WA 98264-9439 4 400313243153 5.53 TRAVIS A & MARY A MAAS 2192 LINDSAY RD EVERSON WA 98247-9355 8 400313169063 19.58 TRENT & ANGELA VAN BEEK 8544 OXFORD HILL LN EVERSON WA 98247-8240 4 400333427100 9.53 TRUMAN D & EILEEN F STERK 4704 HANNEGAN RD BELLINGHAM WA 98226-7716 14 14003332333951 33.31 TRUST ACCOUNTING CENTER/AFTS 3119 COMMERCIAL AVE ANACORTES WA 98221-2741 538 Page 19 SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 12 400234345127 29.91 TY NEEVEL 6871 NORTHWEST DR FERNDALE WA 98248-9425 16 390203460190 35.73 TY NEEVEL 6871 NORTHWEST DR FERNDALE WA 98248-9425 16 390203334467 36.10 TY NEEVEL 6871 NORTHWEST DR FERNDALE WA 98248-9425 26 1390203187459 64.38 TY NEEVEL 6871 NORTHWEST DR FERNDALE WA 98248-9425 4 400326104436 5.28 VAN BERKUM FAMILY LLC 1465 KAMM RD LYNDEN WA 98264-9328 4 400326225335 5.63 VAN BERKUM FAMILY LLC 1465 KAMM RD LYNDEN WA 98264-9328 8 400323066050 15.05 VAN BERKUM FAMILY LLC 1465 KAMM RD LYNDEN WA 98264-9328 8 1400322466036 19.86 VAN BERKUM FAMILY LLC 1465 KAMM RD LYNDEN WA 98264-9328 12 400326059464 25.39 VAN BERKUM FAMILY LLC 1465 KAMM RD LYNDEN WA 98264-9328 14 400322333196 34.88 VAN BERKUM FAMILY LLC 1465 KAMM RD LYNDEN WA 98264-9328 16 400322335067 35.78 VAN BERKUM FAMILY LLC 1465 KAMM RD LYNDEN WA 98264-9328 16 400326209450 35.81 VAN BERKUM FAMILY LLC 1465 KAMM RD LYNDEN WA 98264-9328 16 400327481466 36.75 VAN BERKUM FAMILY LLC 1465 KAMM RD LYNDEN WA 98264-9328 24 400326225335 57.32 VAN BERKUM FAMILY LLC 1465 KAMM RD LYNDEN WA 98264-9328 6 400334310218 13.58 VAN DYK FAMILY LLC PO BOX 686 LYNDEN WA 98264-0686 22 400333308406 52.93 VAN DYK FAMILY LLC PO BOX 686 LYNDEN WA 98264-0686 22 400333488404 53.96 VAN DYK FAMILY LLC PO BOX 686 LYNDEN WA 98264-0686 34 400334340383 81.48 VAN DYK FAMILY LLC PO BOX 686 LYNDEN WA 98264-0686 4 400325185041 5.17 VANDE HOEF HOLDINGS LLC 2121 STICKNEY ISLAND RD EVERSON WA 98247-9304 4 4003263504921 5.55 IVANDE HOEF HOLDINGS LLC 2121 STICKNEY ISLAND RD jEVERSON WA 98247-9304 6 14003361895041 10.79 IVANDE HOEF HOLDINGS LLC 12121 STICKNEY ISLAND RD IEVERSON IWA 98247-9304 Page 20 539 SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 6 40032SI89021 11.17 VANDE HOEF HOLDINGS LLC 2121 STICKNEY ISLAND RD EVERSON WA 98247-9304 8 1400325180170 18.98 VANDE HOEF HOLDINGS LLC 2121 STICKNEY ISLAND RD EVERSON WA 98247-9304 8 400325335435 20.03 VANDE HOEF HOLDINGS LLC 2121 STICKNEY ISLAND RD EVERSON WA 98247-9304 14 400326493420 30.55 VANDE HOEF HOLDINGS LLC 2121 STICKNEY ISLAND RD EVERSON WA 98247-9304 16 400325203439 36.23 VANDE HOEF HOLDINGS LLC 2121 STICKNEY ISLAND RD EVERSON WA 98247-9304 16 400325335338 38.46 VANDE HOEF HOLDINGS LLC 2121 STICKNEY ISLAND RD EVERSON WA 98247-9304 18 400325096420 41.34 VANDE HOEF HOLDINGS LLC 2121 STICKNEY ISLAND EVERSON WA 98247-9304 18 400325171318 41.89 VANDE HOEF HOLDINGS LLC 2121 STICKNEY ISLAND ROAD EVERSON WA 98247-9304 20 400325180170 45.74 VANDE HOEF HOLDINGS LLC 2121 STICKNEY ISLAND RD EVERSON WA 98247-9304 24 400326365313 57.25 VANDE HOEF HOLDINGS LLC 2121 STICKNEY ISLAND RD EVERSON WA 98247-9304 32 400326446264 76.09 VANDE HOEF HOLDINGS LLC 2121 STICKNEY ISLAND RD EVERSON WA 98247-9304 16 400334473331 38.96 VANDYK LK FARMS LLC 7585 NOON RD LYNDEN WA 98264-9434 8 390201468127 18.62 VIOLET E VANDERWOUDE 401 S 17TH ST LYNDEN WA 98264-2068 4 390308045486 5.55 WARREN E & JENNIFER L SCOTTER 533 E POLE RD LYNDEN WA 98264-9005 8 400325467489 18.10 WAYNE A HEUTINK 8083 TRAPLINE RD EVERSON WA 98247-9377 32 390203148060 78.30 WAYNE R DEVRIES 6935 NORTHWEST DR FERNDALE WA 98248-9425 4 400333148094 6.65 WESTERFIELD DESIGNS LLC 7420 WESTERFIELD RD LYNDEN WA 98264-9381 5,676 12,993 540 Page 21 NOTICE OF PETITION AND PUBLIC HEARING PRESENTATION OF THE PETITION FOR FORMATION OF THE SOUTH LYNDEN WATERSHED IMPROVEMENT DISTRICT (AN IRRIGATION DISTRICT) Notice is hereby given by the Clerk of the Whatcom County Council that a petition to form an irrigation district, to be known as the South Lynden Watershed Improvement District, shall be presented to the Whatcom County Council on September 16, 2014, at 7:00 p.m. in the Whatcom County Council Chambers, 311 Grand Avenue, Bellingham, and a hearing on said petition shall be conducted. The undersigned holders of title to, or evidence of title to land susceptible of irrigation, who constitute fifty or a majority of said title to land within the boundaries of the hereinafter described lands, hereby petition the Whatcom County Council of Whatcom County, Washington for the formation of an irrigation district pursuant to Chapter 87.03 RCW and upon the showing of the following: A description of the lands to be included in the operation of the district, in legal subdivisions or fractions thereof, is as follows: Township 40 North, Range 2 East, Willamette Meridian (WMJ Section 34 - all parcels south and east of Nooksack River Section 35 - all parcels south and east of Nooksack River Section 36 - all parcels south and east of Nooksack River Township 40 North, Range 3 East, Willamette Meridian (WM) Section 3 - SE'/4SEI/4, SEI/4NE'/4SEI/4 Section 10 - SE'/4, SE'/4NW'/4, NE1/4 Section 11 - NW'/4, SW1/4, W1/2SE1/4 Section 14 - W1/2, SE1/4 Section 15 - excepting NW1/4 Section 20 - all parcels south of Nooksack River and east of Hannegan Road Sections 21 - 22 Section 23 - excepting E1/2NE1/4 Sections 25-28 Section 29 - all parcels south and east of Nooksack River Section 30 - all parcels south of Nooksack River Sections 31-36 Township 39 North, Range 2 East, Willamette Meridian (WM) Sections 1-2 Section 3 - all parcels east of Nooksack River Township 39 North, Range 3 East, Willamette Meridian (WM) Section 2 - NW1/4, NI/2SW'/4, W'hSW'/4NE'/4, NWT/4NE'/4, Nl/2NW'/4NE'/4NE'/4, N E'/4 N E'/4 N E'/4 Section 3 - excepting S'/2SE'/4, S'/4NW'/4SE'/4, SE'/4SW'/4 Sections 4 - 6 Section 7 - N'/2NE'/4 Section 8 - N'hNW'/4 Excepting from all of the above described parcels the following: • All lands within the City of Lynden and Everson; • All parcels less than four and one-half acres in size; • All tax-exempt parcels; • All parcels outside of Ag Open Space tax classification. • Parcels split by the legal description where the majority of the acres are outside the Legal Description for the district. 541 The South Lynden Watershed Improvement District ("District") is being proposed to address both water supply, water quality, and other environmental issues affecting agricultural landowners consistent with the authority of such districts under Chapter 87.03. RCW. Landowners who currently hold water rights from ground or surface water sources will continue to own and use those water rights to self -supply their water, and the creation of the proposed District will create no authority by the District over water rights held by landowners. The District will be developing and implementing new water supply options for those landowners who lack adequate water rights. Such water supplies developed by the District could include water supplies developed through water right permitting, transfers, banking, and mitigation programs. The development of these new water supply options will be subject to Washington's water resources code, Chapters 90.03 and 90.44 RCW, including all necessary reviews and approval by the Washington Department of Ecology, which includes the protection of other water rights from impairment. The proposed District will prepare plans for watershed improvements including projects that address drainage and flooding, help to improve in -stream flows, promote efficient irrigation water management practices and enhance water quality and fish habitat. The number of directors desired for the administration of the affairs of the District shall be 5. The District shall be known and designated as South Lynden Watershed Improvement District. The purposes of the District shall be for developing water supply options for agricultural landowners; implementing water quality protection measures; improving drainage and other conditions that limit or impair the uses of land for agricultural purposes. The District shall also act on behalf of landowners to provide cooperative watershed management functions as authorized by RCW 87.03.019 and RCW 39.34.210, which establish the authority for the District to participate in actions and agreements for the purposes of water supply, water quality, and water resource and habitat protection and management. The District is proposed for the performance of all things necessary to enable the district to exercise the powers granted in Chapter 87.03 RCW. Public documents are available for review in the Council Office, 311 Grand Avenue, Bellingham, and at www.co.whatcom.wa.us/council. Meetings are in the Council Chambers, same address, at 7:00 p.m., unless otherwise announced. The Council Chambers is handicapped accessible. People with special needs or disabilities who will be attending this meeting are asked to please contact our office (676- 6690 or 800-676-6757 from Point Roberts) at least 96 hours in advance, so that we may make any needed accommodations. If interpretive services or transportation is needed, please call more than two days ahead of time. Dated August 6, 2014 ATTEST: Dana Brown -Davis Clerk of the Council SIGNATURE OF PETITIONER WHOSE NAME FIRST APPEARS UPON THE SOUTH LYNDEN PETITION: Jon DeJong Publish: August 28, 2014 September 4, 2014 September 11, 2014 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer Council Chair 542 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 - 227 B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 6/9/2014 9/16/2014 Council - Originator: Introduction Division Head: 9/30/2014 Council Dept. Head: �y U " e Prosecutor: Purchasiu Bud et: Executive: TITLE OF DOCUMENT: Resolution accepting petition and poll book and order election for Sumas W.I.D. ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review connpleted? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this itenn is an ordinance or requires a public hearing, you nnust provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear inn explaining the intent of the action.) Resolution accepting the petition and poll book, establishing boundaries, and ordering an election to determine formation of a proposed irrigation district in Whatcom County to be known as the Sumas Watershed Improvement District. Per 87.03 RCW, this resolution orders an election to determine if an irrigation district (to be known as the Sumas Watershed Improvement District) will be formed, sets the boundaries for the district, and approves the election process to be followed. At the hearing, council will receive evidence and may adjourn the hearing from time to time as necessary to gather additional information, not to exceed four weeks in all. After the hearing, the council will establish and define the boundaries of the district in order to "best reclaim the lands involved". Defining the boundaries is the council's main function in the process. The council must leave it to the voters to decide whether the district will be formed. The council can't modify the boundaries to exempt any territory already included in the boundaries if that territory is "susceptible of irrigation by the same system of works applicable to other lands in such proposed district and for which a water supply is available." Lands that will not benefit from inclusion in the district may be exempted. Property may be added to the district boundaries if it is shown that it will benefit from being included in the district. COMMITTEE ACTION.• COUNCIL ACTION. 9/16/2014: Held to 9/30/14, written record open until 4:30 p.m. on 9/25/14 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. M&I SPONSORED BY: CONSENT PROPOSED BY: CITIZEN INTRODUCED: SEPTEMBER 16, 2014 RESOLUTION NO. ACCEPTING PETITION AND POLL BOOK, ESTABLISHING BOUNDARIES, AND ORDERING AN ELECTION TO DETERMINE FORMATION OF A PROPOSED IRRIGATION DISTRICT IN WHATCOM COUNTY TO BE KNOWN AS THE SUMAS WATERSHED IMPROVEMENT DISTRICT WHEREAS, on July 23, 2014, a petition was filed with the Whatcom County Council Office requesting that necessary steps be taken to organize an irrigation district in Whatcom County to be known as the Sumas Watershed Improvement District; and WHEREAS, the petition met the requirements for a complete petition as outlined in State law; and WHEREAS, on August 5, 2014, the Whatcom County Council was officially notified that the petition had been filed and the required bond in a sum double the amount of the estimated cost of forming the proposed district had been received; and WHEREAS, the Council's role in the district formation process is to formally accept the petition and bond, establish the boundaries of the proposed district, establish the district's name, and call for an election of the property owners residing within the proposed district boundaries to determine whether the district shall be formed and who shall serve on the district's board of directors. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the proposed irrigation district shall be known as the Sumas Watershed Improvement District. BE IT FURTHER RESOLVED that the petition requesting the organization of the Sumas Watershed Improvement District is hereby accepted as presented. BE IT FURTHER RESOLVED that the poll book, as presented, is hereby accepted and certified as being as accurate as possible using the most current data available from the Whatcom County Assessor's Office. BE IT FURTHER RESOLVED that the boundaries of the proposed district shall be as set forth in Exhibit A to this resolution. BE IT FINALLY RESOLVED that an election shall be set and carried out in the manner detailed in Exhibit B to this resolution and an election date of , 2014, is hereby set. APPROVED this day of ATTEST Dana Brown -Davis, Clerk of the Council APP VED AS TO FOR: Civil Deputy Pro ecutor 2014. WHATCOM COUNTY COUNCIL WHATCOM COUNTY WASHINGTON Carl Weimer, Council Chair 544 EXHIBIT A A description of the lands to be included in the operation of the district, in legal subdivisions or fractions thereof, is as follows: Township 41 North, Range 3 East, Willamette Meridian (WM) Section 35 - SEIASE1/4, E740'NE'/4SW'/4 Section 36 - E1/2, NW'/4SW'/4, S1/2SW1/4, N990'NE'/4SW'/4 Township 41 North, Ranee 4 East, Willamette Meridian (WM) Sections 31-36 Township 41 North, Range 5 E, Willamette Meridian (WM) Sections 31-32 Section 33 - N 1/2, N'/2 N E'/4 S W'/4, N W'/4 S W'/4, N W'/4 S W'/4 S W'/4, N'/z N W'/4 S E'/4, N W'/4 N E'/4 S E'/4 Township 40 North, Range 3 East, Willamette Meridian (WM) Section 1 Section 2 - excepting W1/2NW1/4 Section 11 - NE1/4, E1/2SE1/4 Section 12 Township 40 North, Range 4 East, Willamette Meridian (WM) Sections 1-5 Section 6 - excepting S1/2S1/2 Sections 8-10 Section 11 - W1/2W'/2, NE'/4NE1/4, THAT PORTION OF NE'/4NW'/4 AND NW'/4NE'/4 AND SE1/4NE1/4 LYING NORTHERLY of CMSPP RR RIGHT-OF-WAY Section 12 - N1/2 EXCLUDING THAT PORTION DESCRIBED IN EXHIBIT A IN AF 2011203590 AND EXCLUDING THAT PORTION DESCRIBED IN AF 1117332 Section 14 - W1hNW'/4, NW'/4SW'/4 Section 15 - excepting SE1/4SE1/4 Sections 16-17 Section 18 - SE1/4 Sections 19-20 Section 21 - all parcels west and north of Sumas River in NE'A and SW1/4, all parcels west and north of Alm Hill in NW1/4 Section 28 Section 30 Section 31 - all parcels east of Nooksack River Sections 32-33 Township 40 North, Range 5 East, Willamette Meridian (WM) Section 5 - NW1/4, NW'/4SW'/4, W1/2NE1/4 excepting that portion of SW'/4NE'/4 lying SE of a line drawn from SW corner to NE corner Section 6 - excepting S1/2SE1/4SE1/4 Section 7 - THAT PORTION OF NE1/4 NW1/4 LYING NORTHERLY OF THE FOOT OF THE MOUNTAIN, GOVT LOTS 1-2 EXCEPT THAT PORTION CONVEYED TO MINNIE CLIFTON BY DEED RECORDED VOL 124 OF DEEDS PG 406. Township 39 North, Range 4 East, Willamette Meridian (WM) Section 3- SW'/4SW'/4 Section 4- excepting NE1/4 Section 5 Section 6 - ALL PARCELS EAST OF THE MOST EASTERLY MEANDER LINE OF NOOKSACK RIVER Section 8 Section 9 - N1/2 Section 16 - excepting E1hSE1/4 and NE'/4 and N'/4NW'/4 Section 17 - all parcels east of Nooksack River in SE1/4 and NE'A Section 21 - all parcels east of Nooksack River in NW1/4, NE1/4, N'hNW'/4SE'/4, E'/2SE1/4 Section 22 - W1hNW'/4, SW1/4, W'/2SE1/4 Excepting from all of the above described parcels the following: • All lands within the City of Everson, Nooksack, and Sumas; • All parcels less than four and one-half acres in size; • All tax-exempt parcels; • All parcels outside of Ag Open Space tax classification. Parcels split by the legal description where the majority of the acres are outside the Legal Description for the district. 545 EXHIBIT B THE ELECTION PROCESS THE ELECTION: The County Council is responsible for conducting the district's formation election in a manner that is similar to the way future elections for directors of the district will be conducted. Voting will take place by mail. An election day of , 2014, has been selected and ballots must be returned to the Council Office or postmarked by that date to be counted toward the election. THE BALLOT: A local printing company will be used to print the ballots, ballot envelopes, and instructions indicating how joint ownership and community property votes are cast as well, as a request to forward the ballot to the property owner if different from the person who receives it. Voting rights shall be allocated as follows: Two votes for each five acres of assessable land or fraction thereof. Ballots will be coded to indicate how many votes each ballot is worth. The ballot shall contain the following language: "Irrigation District - YES" "Irrigation District - NO" The names of persons to be voted for as directors of the district. To be counted in this election, ballots must conform to these requirements: 1. Voted ballots must be sealed and placed in a ballot envelope (provided) and the ballot envelope must be sealed in a return certification envelope (provided). The certification envelope will contain a "voter's certification" and a "witness certification" on the back of the envelope as follows: Voter's Certification I certify as true, under penalty of perjury under the laws of the State of Washington, that I am a landowner within the proposed district who is 18 years or more of age, a citizen of the United States, a resident of the State of Washington, and hold title or evidence of title to assessable land in the proposed district. If the landowner is a corporation, I certify as true, under penalty of perjury under the laws of the State of Washington, that I am a duly authorized agent for the purpose of voting on this election by the corporation. Signature (Landowner/Voter) Print Name (Landowner/Voter) City & State where signed Date Signed Witness Certification I certify as true, under penalty of perjury under the laws of the State of Washington, that I am acquainted with the above voter and the voter's signature above was affixed in my presence. Signature (Witness) Print Name (Witness) City & State where signed Date 2. Both the "voter's certification" and the 'witness certification" must completed and signed as indicated. Unsigned and/or unwitnessed ballots will not be counted. 546 3. Ballots must be hand delivered to the Council Office prior to 4 p.m. on , 2014; or mailed to the Clerk of the Council, postmarked no later than midnight on 2014, and received by the Clerk of the Council within five days of that date. Ballots will be kept unopened and secure under the responsibility of the Clerk of the Council until the time in which ballots may be received is closed. The Council appoints the Clerk of the Council and assigned staff, with assistance from the Whatcom County Auditor as available, to proceed at once to determine whether the voters submitting ballots are qualified to vote and to count and tally the votes of those determined to be qualified. The Whatcom County Council will meet on , 2014, to canvass the returns. If it appears that at least two-thirds of all votes cast are in favor of the district, the Council shall by order declare the district duly organized and shall declare the qualified persons receiving the highest number of votes to be duly elected directors and shall cause a certified copy of the order to be filed for record in the offices of the County Auditor and Assessor. 547 STAff OF WNSHINGTON DEPARFNIENI OF E1C(,A.CY;Y Ps Y Ho x V600 o OVlfpia, WA 90.1;84 IIW4 - �V,# ,�I) ior W,�shiaq taxi Relay Seavftr q lkrwiv; w;th a ;Pcef,* 4;,,7-04ky c'm x,,Rfl RUV 8,016HV September 8, 2014 Whatcom, County Council Members c/o Dana Brown -Davis, Clerk of the Council Whatcom County 311 Grand Avenue, Suite 105 Bellingham, WA 98226 Dear Honorable Council Members: Thank you for your letter dated August 18, 2014, to Maia Bellon, regarding petitions; to, f6trn four new U-tigatfoii, districts (also referred to as watershed improvement districts or WIDs) in Whatcom County: Drayton WID, South Lynden WID, Laurel WID, and. Sumas WID, Director Bellon referred the letter to me for response. In your letter, you request that the Washington State Department of Ecology (Ecology),, at the expense of the irrigation district proposers, make any necessary investigations and file a report of findings, together with a statement of cost, with the Whatcorn County Cominc-il Office at or prior to the hearing date of September 16, 2014, consistent with the reqtjirements of Chapter ST03.020 RCW. This letter constitutes the report of our findings and statement of costs. Please note: Ecology's findings, do not in any way convey any water right-, to individuals or entities associated with the proposed WIDs, nor does Ecology"s finding affect the status of any existing water right(s) in Whatcom County. Based on review of the materials provided, it is our understanding that the purposes, of each of the four WIDs are tile sarrie:, providing watershed improvements by developing water supply options for agricultural landowners; implementing water quality protection measures; improving drainage and other conditions; and improving fish habitat. We support the Petitioners' goals to reduce non -permitted irrigation and promote irrigation efficiencies, to improve water quality, and to enhance instreani and out -of -stream habitat protection for endangered species in Whatcom County. In their notices of petition, the petitioners state that "(landowners) who currently hold water rights from, ground or surface water sources will continue to own and use those water rights to self -supply their water, and the creation of the proposed (Districts) will create no authority by the (Districts) over water rights held by the landowners." Further, they state that the development of any "new water supply options will be subject to Washington's water resources code, Chapters 90.03 and 90.44 RCW, which includes the protection of other water rights from impairment," Ecology supports these statements and looks forward to working with the WIDs, as per Chapters 90.03 and 90.44 RCW (tile state's water code). RE-01 RCW 87.03.020 states, in part, that the notice of the petition shall be provided to the Director of Ecology "who shall, at the expense of the district in case it is later organized, otherwise at the expense of the petitioners' bondspersons, snake such investigation of the sufficiency of the source and supply of water for the purposes of the proposed district, as he or she may deers necessary, and file a report of his or her findings, together with a statement of his or her costs, with the board of county commissioners at or prior to the time set for said hearing." A review of Ecology's water rights database and petitioners' materials did not find any water rights held by the proposed Drayton WID, South Lynden WID, Laurel WID, or Surnas WID. However, since the objectives of the proposed WIDs do not actually require any water rights, this does not appear to be inconsistent with petitioners' proposals. As such, there is an adequate supply of wafer for the four proposed districts because no water is needed for the W ' purposes (i.e., none, as none is needed)., Ecology expects to provide technical assistance to the WIDs upon request and as time and staffing allow, consistent with our goals to provide public assistance and support water quantity and water quality improvements in the Nooksack basin. Additionally, since the costs to Ecology to provide this report were minimal, Ecolooi sloes not intend to request the reimbursement of eipenses incurred (statement of cost is zero).' If you have any questions, please feel free to contact Doug Allen, Manager of Ecology"s Bellingham Field Office, at (360) 715-5200. Respectfully, r u Torn Lorang er Water Resources Program Manager ecc: Maia Bellon, Department of Ecology Polly Zelun, Department of Ecology Josh Baldi, Department of Ecology Heather Bartlett, Department of Ecology Doug Allen, Department of Ecology Henry Bierlink, Ag. District. Coalition Bill Clarke, Ag. District Coalition ' Activities that the WIDs (if fonned) may choose to undertake, such as processing new water rights or water right changes/transfers, may incur costs or fees. These standard expenses still apply and will need to be paid to Ecology by the applicant. � � e, SOMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL #' ACRES NAME ADDRESS ` CITY STATE ZIP COUNTRY: 12 400432370318 29.46 3247 EVERSON FARMS INC 31329 WAGNER DR ABBOTSFORD BC V2T 6W1 CANADA 18 400432452448 43.28 3247 EVERSON FARMS INC 31329 WAGNER DR ABBOTSFORD BC IV2T 6W1 CANADA 10 400404349479 24.86 ADELE DYKSTRA 3465 HALVERSTICK RD SUMAS WA 98295-9749 4 400419292092 9.89 ADOLPH L & MARJORIE J PO BOX 426 EVERSON WA 98247-0426 4 410432149227 6.72 AG ENTERPRISES LLC 774 MEADOWLARK RD LYNDEN WA 98264-9452 4 410432070188 8.69 AG ENTERPRISES LLC 774 MEADOWLARK RD LYNDEN WA 98264-9452 8 410432076232 19.39 AG ENTERPRISES LLC 774 MEADOWLARK RD LYNDEN WA 98264-9452 4 400420167194 6.13 ALAN & KIMBERLY SYTSMA 8331 NOOKSACK RD EVERSON WA 98247-9280 4 400420186238 6.27 ALAN & KIMBERLY SYTSMA 8331 NOOKSACK RD EVERSON WA 98247-9280 6 400420091133 14.97 ALAN & KIMBERLY SYTSMA 8331 NOOKSACK RD EVERSON WA 98247-9280 8 400420191097 18.01 ALAN & KIMBERLY SYTSMA 8331 NOOKSACK RD EVERSON WA 98247-9280 12 400420090083 29.82 ALAN & KIMBERLY SYTSMA 8331 NOOKSACK RD EVERSON WA 98247-9280 14 400419380297 31.04 ALAN & KIMBERLY SYTSMA 8331 NOOKSACK RD EVERSON WA 98247-9280 24 400420128314 56.29 ALAN & KIMBERLY SYTSMA 8331 NOOKSACK RD EVERSON WA 98247-9280 2 400419278324 4.66 ALAN D & ANNE-MARIE M FJELD 8342 VAN BUREN RD EVERSON WA 98247-9291 8 410433176210 19.89 ALBERT L & JOYCE E MULDER 9800 MAY RD SUMAS WA 98295-9701 8 410433175075 19.62 ALBERT L MULDER 9800 MAY RD SUMAS WA 98295-9701 10 390404070300 22.23 ALLAN D HUTTEMA 1255 GRANDVIEW AVE PARMA ID 83660-6105 18 400415208320 40.09 ARGOS HOLDINGS LTD 1300-128 PENDER ST W VANCOUVER BC V6131R8 CANADA 4 390409054420 5.78 ARIE A & LORENE A VANDER 3209 MACK RD EVERSON WA 98247-9560 14 1390408448472 33.82 ARIE A & LORENE A VANDER ZOUWEN 3209 MACK RD EVERSON WA 98247-9560 6 400402220039 11.32 ARLAN W & MARCY L DEJONG 2373 HALVERSTICK RD LYNDEN WA 98264 10 400402245143 23.19 ARLAN W & MARCY L DEJONG 2373 HALVERSTICK RD LYNDEN WA 98264 32 400402328033 75.68 ARLAN W & MARCY L DEJONG 2373 HALVERSTICK RD LYNDEN WA 98264-9317 4 1400405443216 1 8.09 JARLYN D & SHEILA L VISSER 9451 SWANSON RD SUMAS WA 98295-9312 550 Page 1 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL #! ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 8 400405377196 19.16 ARLYN D & SHEILA L VISSER 9451 SWANSON RD SUMAS WA 98295-9312 8 400405443216 19.79 ARLYN D & SHEILA L VISSER 9451 SWANSON RD SUMAS WA 98295-9312 16 400408200465 38.29 ARLYN D & SHEILA L VISSER 9451 SWANSON RD SUMAS WA 98295-9312 32 400405160279 75.80 ARLYN D & SHEILA L VISSER 9451 SWANSON RD SUMAS WA 98295-9312 4 400505355468 7.83 ARTHUR F & JACQUELINE K EDGE 5569 ROCK RD SUMAS WA 98295-9410 2 400409146498 4.97 ARTHUR JR & SANDI VANDERWAAL 3524 E BADGER RD EVERSON WA 98247-9234 4 400404301036 9.43 ARTHUR JR & SANDI VANDERWAAL 3524 E BADGER RD EVERSON WA 98247-9234 14 400409201464 34.74 ARTHUR JR & SANDI VANDERWAAL 3524 E BADGER RD EVERSON WA 98247-9234 42 400409288138 101.02 ARTHUR JR & SANDI VANDERWAAL 3524 E BADGER RD EVERSON WA 98247-9234 46 400409371358 110.10 ARTHUR JR & SANDI VANDERWAAL 3524 E BADGER RD EVERSON WA 98247-9234 8 400402326432 16.47 ARTHUR L BOBB 9528 SWARTWOOD RD SUMAS WA 98295-9105 4 400417492360 9.70 AUGUST & DELORES BERENDSEN 3125 E BADGER RD EVERSON WA 98247-9239 6 400408329066 12.58 AUGUST & DELORES BERENDSEN 3125 E BADGER RD EVERSON WA 98247-9239 8 400417427331 19.33 AUGUST & DELORES BERENDSEN 3125 E BADGER RD EVERSON WA 98247-9239 10 400408090432 24.07 AUGUST & DELORES BERENDSEN 3125 E BADGER RD EVERSON WA 98247-9239 12 1400408180033 26.22 AUGUST & DELORES BERENDSEN 3125 E BADGER RD EVERSON WA 98247-9239 14 400417166419 34.20 AUGUST & DELORES BERENDSEN 3125 E BADGER RD EVERSON WA 98247-9239 14 400417152487 34.85 AUGUST & DELORES BERENDSEN 3125 E BADGER RD EVERSON WA 98247-9239 16 400408458073 37.37 AUGUST & DELORES BERENDSEN 3125 E BADGER RD EVERSON WA 98247-9239 16 1400417326336 39.12 AUGUST & DELORES BERENDSEN 3125 E BADGER RD EVERSON WA 98247-9239 20 400408187336 47.25 AUGUST & DELORES BERENDSEN 3125 E BADGER RD EVERSON WA 98247-9239 6 400417422435 14.51 AUGUST BERENDSEN 3125 E BADGER RD EVERSON WA 98247-9239 16 400417333464 39.44 AUGUST BERENDSEN 3125 E BADGER RD EVERSON WA 98247-9239 24 400417149320 59.78 AUGUST BERENDSEN 3125 E BADGER RD EVERSON WA 98247-9239 4 400416446017 1 5.75 AWTAR & JAGTAR ALAMWALA PO BOX 242 17629 LYNDEN WA 98264-0242 10 1390409393500 1 21.39 BAUINDER S & NASIB K MANN & 149 ST SURREY BC V3S 1S1 CANADA Page 2 551 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY "f STATE ZIP COUNTRY 20 390404431071 47.82 BAUINDER S & NASIB K MANN & 7629 149 ST SURREY BC V3S 1S1 CANADA 16 400419380229 39.60 BALWINDER S & GURBAX K GILL 437 BRADNER RD ABBOTSFORD BC V4X 2J5 CANADA 16 400419380168 39.71 BALWINDER S & GURBAX K GILL 437 BRADNER RD ABBOTSFORD BC V4X 2J5 CANADA 8 400405086078 18.50 BARBARA B ALEXANDER 2976 CLEARBROOK RD SUMAS WA 98295-9303 4 410431423153 9.69 BATHE FARMS INC PO BOX 973 SUMAS WA 98295-0973 6 1410431300078 14.46 BATHE FARMS INC PO BOX 973 SUMAS WA 98295-0973 10 410431423153 20.24 BATHE FARMS INC PO BOX 973 SUMAS WA 98295-0973 18 410431348173 44.00 BATHE FARMS INC PO BOX 973 SUMAS WA 98295-0973 4 400405438492 9.46 BERNARD & STARLA MULDER 3203 HALVERSTICK RD SUMAS WA 98295-9739 10 410436035309 22.33 BERNARD E DYKSHOORN & 1167 KENNY RD ABBOTSFORD BC V3G 1V6 CANADA 4 400428025078 10.03 BETTYE L PIKE & TED R PIKE TRUST 3247 SOUTH PASS RD EVERSON WA 98247-9538 4 390408348198 9.03 BILLY C JACKSON 7364 EMMERSON RD EVERSON WA 98247-9507 4 400431438119 9.61 BILLY C JACKSON 7364 EMMERSON RD EVERSON WA 98247-9507 6 400431459083 10.64 BILLY C JACKSON 7364 EMMERSON RD EVERSON WA 98247-9507 12 400428468220 29.44 BLUE GOLD FARMS INC PO BOX 1192 SUMAS WA 98295-1192 20 400428288395 47.52 BLUE GOLD FARMS INC PO BOX 1192 SUMAS WA 98295-1192 26 400428420386 64.97 BLUE GOLD FARMS INC PO BOX 1192 SUMAS WA 98295-1192 6 400302362298 13.16 BRENT & ALICA BALDWIN 9550 HAMMER ROAD LYNDEN WA 98264-9531 4 400419209490 8.64 BRUCE A SINES 2605 LINDSAY RD EVERSON WA 98247-9346 4 400419142430 9.05 BRUCE A SINES 2605 LINDSAY RD EVERSON WA 98247-9346 4 400419143490 9.30 BRUCE A SINES 2605 LINDSAY RD EVERSON WA 98247-9346 16 400431289165 37.97 BRUCE E BROWNING 10260 NE WINTHER RD BAINBRIDGE WA 98110-4329 16 400302426378 37.17 BRYAN & TRESSA VAN L00 2039 HALVERSTICK RD #B LYNDEN WA 98264-9528 2 400415315410 4.55 CALVIN VANDEN HOEK 8799 N TELEGRAPH RD EVERSON WA 98247-9223 4 400419140379 6.40 CASON J & HELENA VAN DRIEL 9673 AXLUND RD LYNDEN WA 98264-9784 2 400404147032 4.56 CHAD J & JENNIFER A GROEN 3429 CLEARBROOK RD SUMAS WA 98295-9311 4 400433445485 5.95 CHARLES J & TERESA M GELWICKS PO BOX 1 EVERSON WA 98247-0001 2 400433124036 4.71 CHARLES P HOEKMA LIVING TRUST 1726 MAIN ST LYNDEN WA 98264-9115 18 400405478322 1 40.82 ICHARLES S & LEANN HANDY 9615 CRAPE RD SUMAS WA 98295-9305 552 Page 3 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL# ACRES NAME: ADDRESS CITY STATE ZIP COUNTRY' 2 390408516476 4.95 CHARLES TJOELKER TRUST DOROTHY A TJOELKER-WORTEN TR 4236 ANKAR PARK DR #247 BELLINGHAM WA 98226-6402 8 390409060468 17.56 CHARLES TJOELKER TRUST 4236 ANKAR PARK DR BELLINGHAM WA 98226-6402 18 390405334335 40.25 CHARLES TJOELKER TRUST 4236 ANKAR PARK DR BELLINGHAM WA 98226-6402 8 390405338072 19.27 CHERYL J PENDARVIS 6928 NOOKSACK RD EVERSON WA 98247-9566 2 400404142471 5.00 CHRISTOPHER W ORDOS 3385 HALVERSTICK RD SUMAS WA 98295-9749 12 1400404067435 26.46 CHRISTOPHER W ORDOS 3385 HALVERSTICK RD SUMAS WA 98295-9749 4 400430496460 5.18 CHUCK & KAY ROBINSON TRUST/TR PO BOX 4056 NOOKSACK WA 98276-0056 6 400430465460 14.91 CHUCK & KAY ROBINSON TRUST/TR PO BOX 4056 NOOKSACK WA 98276-0056 2 410532455250 4.54 CINDY L MAC 5689 JONES RD SUMAS WA 98295-9406 18 390422074482 40.69 CLARENCE B & LOLA M OSGOOD 7544 HANNEGAN RD LYNDEN WA 98264-9227 16 400409473474 39.19 CLAYTON R RADDER 3259 CLEARBROOK RD SUMAS WA 98295-9302 24 400408493353 58.26 CLAYTON R RADDER 3259 CLEARBROOK RD SUMAS WA 98295-9302 8 390403086035 19.60 CLOUD MOUNTAIN FARM CENTER 6909 GOODWIN RD EVERSON WA 98247-9456 10 1390421338385 20.33 CLOUD MOUNTAIN FARM CENTER 6909 GOODWIN RD EVERSON WA 98247-9456 8 390404224234 15.97 COLES PROPERTIES LLC 1046 CENTRAL RD EVERSON WA 98247-9630 8 390404202302 20.02 COLES PROPERTIES LLC 1046 CENTRAL RD EVERSON WA 98247-9630 10 400301033470 22.35 CONRAD J LOLKEMA 2149 HALVERSTICK RD LYNDEN WA 98264-9528 4 410531520300 7.57 CORNELIUS & EILEEN K VREUGDENHIL 5202 JONES RD SUMAS WA 98295-9405 6 410532236302 11.00 CORNELIUS & EILEEN K VREUGDENHIL 5202 JONES RD SUMAS WA 98295-9405 6 410532164302 12.66 CORNELIUS & EILEEN K VREUGDENHIL 5202 JONES RD SUMAS WA 98295-9405 6 1410532042303 14.51 CORNELIUS & EILEEN K 5202 JONES RD SUMAS WA 98295-9405 Page 4 553 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES ` PARCEL # ACRES NAME ADDRESS ' CITY STATE ZIP COUNTRY' 8 410532109303 15.35 CORNELIUS & EILEEN K VREUGDENHIL 5202 JONES RD SUMAS WA 98295-9405 12 400505213464 27.96 CORNELIUS & EILEEN K 5202 JONES RD SUMAS WA 98295-9405 14 410532216080 34.82 CORNELIUS & EILEEN K 5202 JONES RD SUMAS WA 98295-9405 16 410532357309 35.90 CORNELIUS & EILEEN K 5202 JONES RD SUMAS WA 98295-9405 16 410531405271 38.99 CORNELIUS & EILEEN K 5202 JONES RD SUMAS WA 98295-9405 16 410531465074 39.73 CORNELIUS & EILEEN K VREUGDENHIL 5202 JONES RD SUMAS WA 98295-9405 18 410531405271 43.26 CORNELIUS & EILEEN K 5202 JONES RD SUMAS WA 98295-9405 20 410532085066 49.49 CORNELIUS & EILEEN K 5202 JONES RD SUMAS WA 98295-9405 22 410531136308 52.26 CORNELIUS & EILEEN K 5202 JONES RD SUMAS WA 98295-9405 4 410531353108 5.19 CORNIE & EILEEN VREUGDENHIL 5202 JONES RD SUMAS WA 98295-9405 16 410531353108 36.28 CORNIE & EILEEN VREUGDENHIL 5202 JONES RD SUMAS WA 98295-9405 2 400419280277 5.03 COURTNEY B IMHOF 2242 TIMON RD EVERSON WA 98247-9371 8 400406435238 16.42 CURTIS L & JOY S HAWLEY 9489 VAN BUREN RD LYNDEN WA 98264-9567 8 400312169228 19.58 CURTIS L & JOY S HAWLEY 9489 VAN BUREN RD LYNDEN WA 98264-9567 18 400312169228 40.45 CURTIS L & JOY S HAWLEY 9489 VAN BUREN RD LYNDEN WA 98264-9567 10 400403445414 22.32 DALE & JOHN DEVRIES 3992 BOWEN RD SUMAS WA 98295-9208 16 400414070346 38.96 DALE A & SHERILYN K LANKHAAR 8731 NORTH PASS RD SUMAS WA 98295-8504 4 400403330410 6.61 DALE E & DONNA K VAN 9545 HILL RD SUMAS WA 98295-9203 4 400403246355 8.26 DALE E & DONNA K VAN 9545 HILL RD SUMAS WA 98295-9203 6 400403246355 13.63 DALE E & DONNA K VAN 9545 HILL RD SUMAS WA 98295-9203 10 400403094347 23.90 DALE E & DONNA K VAN WEERDHUIZEN 9545 HILL RD SUMAS WA 98295-9203 14 400403194309 32.02 DALE E & DONNA K VAN 9545 HILL RD SUMAS WA 98295-9203 12 400403384285 25.39 DALE I & GINA L DEVRIES & JOHN D 3992 BOWEN RD SUMAS WA 98295-9208 24 400302346231 58.47 DAUIT & PARMJIT THIND PO BOX 856 LYNDEN WA 98264-0856 4 410433115282 8.93 DARREL & BETSY VAN 7192 OAT COLE RD EVERSON WA 98247-9554 8 390404202371 18.44 DARRELL VANWEERDHUIZEN k92 OAT COLES RD --jEVERSON IWA �98247-9554 554 Page 5 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY'' 8 400408066225 15.15 DARRIN J & LISA M 9078 VAN BUREN RD EVERSON WA 98247-9337 4 410432300169 9.30 DARYL & MARLANE TERPSTRA 3120 HALVERSTICK RD SUMAS WA 98295-9739 4 400430078223 7.78 DARYL BLANKERS 4278 MASTERSON RD BLAINE WA 98230-9797 14 400430085158 33.97 DARYL BLANKERS 4278 MASTERSON RD BLAINE WA 98230-9797 18 390405071207 41.32 DARYL BLANKERS 4278 MASTERSON RD BLAINE WA 98230-9797 14 400432350161 31.60 DAVID & NICOLA HOFFMAN LIVING 7414 NOOKSACK RD EVERSON WA 98247-9512 16 400432463203 38.43 DAVID & NICOLA HOFFMAN LIVING 7414 NOOKSACK RD EVERSON WA 98247-9512 6 1390409152466 10.30 DAVID & TONI BENNER 6839 OAT COLES RD EVERSON WA 98247-9444 12 400433433309 28.96 DAVID D & JOAN L SMITH 7507 GOODWIN RD EVERSON WA 98247-9468 4 400417031419 9.48 DAVID M & COLLEEN SCHOLTEN 817 AARON DR UNIT 221 LYNDEN WA 98264-8509 4 400506254482 9.78 DAVID R & VICKI L WAGNER 5089 ROCK RD SUMAS WA 98295-9403 6 390416052070 11.69 DAVID R SYRE 1329 N STATE ST #201 BELLINGHAM WA 98225-4754 10 390417400278 22.38 DAVID R SYRE 1329 N STATE ST #201 BELLINGHAM WA 98225-4754 12 390416052070 27.24 DAVID R SYRE 1329 N STATE ST #201 BELLINGHAM WA 98225-4754 30 390417400278 73.41 DAVID R SYRE 1329 N STATE ST #201 BELLINGHAM WA 98225-4754 30 410532413071 74.99 DAVID VAN'T ZET 5584 ROCK RD SUMAS WA 98295-9410 20 410531062069 49.39 DC FARM WHATCOM INC PO BOX 1692 SUMAS WA 98295-1692 10 400405468432 21.01 DEAN A & TINA L MELLEMA 9657 CRAPE RD SUMAS WA 98295-9305 16 400411074077 39.23 DEAN L CHRISTEN 9041 NORTH PASS RD SUMAS WA 98295-8806 18 1400416337204 40.37 DEAN L CHRISTEN 9041 NORTH PASS RD SUMAS WA 98295-8806 14 400417412025 34.02 DEBBIE K LUBBE-ZEMLER 3200 LINDSAY RD EVERSON WA 98247-9246 16 400410470333 39.61 DEBORAH L DEJONG 9056 N TELEGRAPH RD SUMAS WA 98295-8802 26 400410400110 60.69 DEBORAH L DEJONG 9056 N TELEGRAPH RD SUMAS WA 98295-8802 32 410533417297 79.52 DELBERT G & KAREN L HEUTINK 5988 JONES RD SUMAS WA 98295-9407 8 410533220311 18.09 DELBERT G HEUTINK 5988 JONES RD SUMAS WA 98295-9407 4 410532220012 5.43 DELORES VANDER MEULEN 5504 ROCK RD ISUMAS IWA 98295-9410 Page 6 555 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ` ACRES NAME ADDRESS CITY STATE ZIP COUNTRY' 8 400433437073 17.91 DEMUS & KAE LOURIE LIVING PO BOX 389 EVERSON WA 98247-0389 10 400433497074 22.39 DEMUS & KAE LOURIE LIVING TRUST PO BOX 389 EVERSON WA 98247-0389 16 390405072473 35.27 DENNIS L & TERI J SCHEFFER PO BOX 31433 BELLINGHAM WA 98228-3433 6 390406458441 12.25 DENNIS L SCHEFFER P 0 BOX 31433 BELLINGHAM WA 98228-3433 30 390405171440 72.60 DENNIS L SCHEFFER PO BOX 31433 BELLINGHAM WA 98228-3433 14 400416463253 30.40 DHESI HOLDINGS INC 285 SHORT RD ABBOTSFORD BC V2S 8A8 CANADA 26 400430505167 60.95 DHOTHAR FAMILY FARM LLC 16826 119TH PL NE BOTHELL WA 98011-5462 26 400418340199 60.48 DIANE VANDER VEEN 2816 LINDSAY RD EVERSON WA 98247-9344 10 400431437426 20.39 DICK BEDLINGTON REAL ESTATE 6937 HOLEMAN AVE BLAINE WA 98230-9005 22 400432056400 52.76 DICK BEDLINGTON REAL ESTATE 6937 HOLEMAN AVE BLAINE WA 98230-9005 4 390403038117 5.13 DONALD A ANDERSON & SUZANNE 3711 CABRANT RD EVERSON WA 98247-9460 14 390405191198 32.31 DONNA E WIEBE 618 C STREET BLAINE WA 98230-5137 22 400419111195 50.87 DOUBLE H FARMS LLC 1679 TIMON RD EVERSON WA 98247-9309 22 400419105070 53.02 DOUBLE H FARMS LLC 1679 TIMON RD EVERSON WA 98247-9309 4 400432330392 7.99 DOUGLAS B & JULIE A 7596 NOOKSACK RD EVERSON WA 98247-9513 4 410435383164 10.04 DOUGLAS J HENDRICKS & CHRISTINE M HENDRICKS 4409 JONES RD SUMAS WA 98295-9505 16 390408071345 39.87 DOUGLAS L & PEGGY JO DAVIS 2988 HOPEWELL RD EVERSON WA 98247-9571 8 1410531261167 15.81 DUANE & JEANETTE TEVELDE 4927 JONES RD SUMAS WA 98295-9405 16 410531284217 37.38 DUANE & JEANETTE TEVELDE 4927 JONES RD SUMAS WA 98295-9405 24 410531112201 55.09 DUANE & JEANETTE TEVELDE 4927 JONES RD SUMAS WA 98295-9405 6 400419272480 12.94 DUANE DUXBURY & AUDREY 2964 NORTHSHORE RD BELLINGHAM WA 98226-7826 4 400417412126 9.76 DWAYNE F & BARBARA E DUNLAP 8675 NOOKSACK RD EVERSON WA 98247-9244 6 400417480177 12.09 DWAYNE F & BARBARA E DUNLAP 8675 NOOKSACK RD EVERSON WA 98247-9244 8 400417480177 19.02 DWAYNE F & BARBARA E DUNLAP 8675 NOOKSACK RD EVERSON WA 98247-9244 8 390409234334 19.14 DYKSTRA HOLDINGS LLC 7433 NOOKSCK RD EVERSON WA 98247-9512 10 400432083096 24.30 DYKSTRA HOLDINGS LLC 7433 NOOKSCK RD EVERSON WA 98247-9512 556 Page 7 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME, ADDRESS CITY STATE ZIP COUNTRY 12 400432163312 29.50 DYKSTRA HOLDINGS LLC 7433 NOOKSCK RD EVERSON WA 98247-9512 16 400432190075 39.39 DYKSTRA HOLDINGS LLC 7433 NOOKSCK RD EVERSON WA 98247-9512 32 400432134201 75.95 DYKSTRA HOLDINGS LLC 7433 NOOKSCK RD EVERSON WA 98247-9512 8 400405160080 18.80 EARL & PAMELA W WESTHOFF 3012 CLEARBROOK RD SUMAS WA 98295-9303 6 400433048231 13.80 EDWARD H & DENA D BOSSCHER 7480 OAT COLES RD EVERSON WA 98247-9543 8 400433173330 15.69 EDWARD H & DENA D BOSSCHER 7480 OAT COLES RD EVERSON WA 98247-9543 10 400433076104 20.36 EDWARD H & DENA D BOSSCHER 7480 OAT COLES RD EVERSON WA 98247-9543 12 400433271325 28.10 EDWARD H & DENA D BOSSCHER 7480 OAT COLES RD EVERSON WA 98247-9543 16 400433232208 39.49 EDWARD H & DENA D BOSSCHER 7480 OAT COLES RD EVERSON WA 98247-9543 18 390405081336 41.36 EDWARD J EVINS 7198 BISSET LN EVERSON WA 98247-9599 10 410432520078 20.31 EDWARD J GUTSCHMIDT 3280 HALVERSTICK RD SUMAS WA 98295-9739 12 410532320197 29.41 EGBERT BOSSCHER & TRACY T BOSSCHER 9820 NIMS RD SUMAS WA 98295-9409 8 410336230073 18.81 EHLERS ESTATE LLC 2366 HALVERSTICK RD LYNDEN WA 98264-9317 28 410336400072 69.96 EHLERS ESTATE LLC 2366 HALVERSTICK RD LYNDEN WA 9.8264-9317 8 410336170073 19.14 EHLER'S ESTATE LLC 2366 HALVERSTICK RD LYNDEN WA 98264-9317 8 410336100073 19.39 EHLER'S ESTATE LLC 2366 HALVERSTICK RD LYNDEN WA 98264-9317 4 400401148154 7.25 ELIZABETH VREUGDENHIL 4610 HILLVIEW RD SUMAS WA 98295-9106 4 410335508100 6.51 ENFIELD FAMILY II LLC 1064 BIRCH BAY LYNDEN RD LYNDEN WA 98264-9490 4 410532224240 6.67 ERIN BROMMER 5511 JONES RD SUMAS WA 98295-9406 6 410431479028 14.74 EVELYN V PATIENCE REVOCABLE 9715 VAN BUREN RD LYNDEN WA 98264-9567 4 400433506188 5.47 EVERETT G & KATHRYN M 7431 GOODWIN RD EVERSON WA 98247-9467 6 400433205429 10.85 EVERETT M & CAROL E GIMMAKA 7405 GOODWIN RD EVERSON WA 98247-9467 6 400433261387 12.21 EVERETT M & CAROL E GIMMAKA 7405 GOODWIN RD EVERSON WA 98247-9467 24 400433374199 55.36 EVERETT M & CAROL E GIMMAKA 7405 GOODWIN RD EVERSON WA 98247-9467 26 390409335316 63.83 FRASER VALLEY FARMS SUPPLIES 3555 ROSS RD ABBOTSFORD BC V4X 1M6 CANADA 10 410336036072 20.46 FRED & TENA ONDECK 12096 HALVERSTICK RD ILYNDEN IWA 98264-9528 Page 8 557 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS ' CITY STATE ZIP COUNTRY'' 8 410435450094 17.91 FREDA G VISSER 1720 LIBERTY ST #303 LYNDEN WA 98264-2109 32 410435450094 78.06 FREDA G VISSER 1720 LIBERTY ST #303 LYNDEN WA 98264-2109 10 400406434178 21.83 FROBERG TRUST 4236 ANKAR PARK DR BELLINGHAM WA 98226-6402 6 400421035459 14.85 GALEN & CARYL BENNER 3251 LINDSAY RD EVERSON WA 98247-9246 20 410433475213 48.38 GARY & JOLANDA DEBONT LIVING 3678 KNEUMAN RD SUMAS WA 98295-9734 4 400405507492 6.94 GARY L & MEGAN G MELLEMA 3289 HALVERSTICK RD SUMAS WA 98295-9739 8 400408070298 15.18 GENE & VIRGINIA REAL ESTATE LLC 11047 NE WEST KINGSTON KINGSTON WA 98346-9307 4 400312501047 5.25 GENE L & DEBRA L MC GUIRE 2422 E BADGER RD EVERSON WA 98247-9329 6 400312433046 13.75 GENE L & DEBRA L MC GUIRE 2422 E BADGER RD EVERSON WA 98247-9329 16 400420322217 39.39 GEORGE A HANOWELL 6516 WOODLYN RD FERNDALE WA 98248-8801 30 400416273100. 70.07 GEORGE BIEHLE - C/O KAREN 1305 VAN DYK RD LYNDEN WA 98264-9498 12 400410058085 28.12 GERALD G & GEORGIA L DEBRUIN 3797 CLEARBROOK RD SUMAS WA 98295-9201 4 400410039509 7.66 GERALD L & GEORGIA L DEBRUIN & ROGER & KATHY DEBRUIN DBA 9124 GARRISON RD SUMAS WA 98295-8903 4 400409463384 9.80 GERALD L & GEORGIA L DEBRUIN & ROGER & KATHY DEBRUIN DBA 3797 CLEARBROOK RD SUMAS WA 98295-9201 22 400410074347 51.28 GERALD L & GEORGIA L DEBRUIN & 9124 GARRISON RD SUMAS WA 98295-8903 4 400505389468 7.53 GERRIT DEHOOG 5583 ROCK RD SUMAS WA 98295-9410 2 400404367018 4.62 GLEN & ALICE DYKSTRA 6992 MISSION RD EVERSON WA 98247-9712 4 400404302100 10.03 GLEN & ALICE DYKSTRA 6992 MISSION RD EVERSON WA 98247-9712 8 400404309203 19.95 GLEN & ALICE DYKSTRA 6992 MISSION RD EVERSON WA 98247-9712 10 400404437327 22.67 GLEN & ALICE DYKSTRA 6992 MISSION RD EVERSON WA 98247-9712 14 400404364151 33.64 GLEN & ALICE DYKSTRA 6992 MISSION RD EVERSON WA 98247-9712 24 400404291323 56.97 GLEN & ALICE DYKSTRA 6992 MISSION RD EVERSON WA 98247-9712 14 400414055476 30.83 GLEN A HARTER 2231 165TH AVE CT E LAKE TAPPS WA 98391-4927 14 410432438237 32.95 GLENN W & MARILYN J TERPSTRA 3222 HALVERSTICK RD SUMAS WA 98295-9739 40 410432352151 95.39 GLENN W & MARILYN J TERPSTRA 13222 HALVERSTICK RD SUMAS WA 98295-9739 558 Page 9 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY' 10 410432454074 20.57 GLENN W TERPSTRA 3222 HALVERSTICK RD SUMAS WA 98295-9739 2 1400408441502 4.62 GPS HOLDINGS INC 5769 124A ST SURREY BC V3X 2S6 CANADA 16 400408430373 35.12 GPS HOLDINGS INC 5769 124A ST SURREY BC V3X 2S6 CANADA 16 400408334343 38.95 GPS HOLDINGS INC 5769 124A ST SURREY BC V3X 2S6 CANADA 16 400408335468 39.52 GPS HOLDINGS INC 5769 124A ST SURREY BC V3X 2S6 CANADA 4 400408336018 6.71 GRAPEVINE LIVING TRUST 4038 SALT SPRING DR FERNDALE WA 98248-9538 6 390408391201 11.48 GREGORY A & LESLIE THOMPSON 3183 HOPEWELL RD EVERSON WA 98247-9573 18 390408330067 45.00 GREGORY A THOMPSON 3195 HOPEWELL RD EVERSON WA 98247-9573 24 390416140320 59.77 GREWAL FARMS LLC 13803 233RD ST SE SNOHOMISH WA 98296-7849 24 400312148365 56.90 GURINDER K GREWAL 4133 SELDON RD ABBOTSFORD BC V2S 7X3 CANADA 2 400401450534 4.62 H BERNARD IV & KRISTEN L HANSEN 8803 NORTHWOOD RD LYNDEN WA 98264-9363 4 400302245066 8.86 HAMMER LLC 1687 E POLE RD EVERSON WA 98247-9647 10 400432524314 21.26 HARMIT & PARMINDER K GILL 4471 CASTLEROCK DR BLAINE WA 98230-9750 4 400432364236 9.30 HAROLD C JR & TRICIA L REEVES 3207 HUGHES RD EVERSON WA 98247-9516 14 390408191340 32.83 HARRIET A HOWLETT PO BOX 116 EVERSON WA 98247-0116 30 390408390340 73.00 HARRIET A HOWLETT PO BOX 116 EVERSON WA 98247-0116 16 390405336199 39.47 HARRY A & JANICE E CHRISTIANSEN 7068 NOOKSACK RD EVERSON WA 98247-9565 6 400432345050 14.81 HELEN I DYKSTRA 3150 MASSEY RD EVERSON WA 98247-9547 12 400415327216 27.09 HENRIETTA LAUTENBACH 8676 N TELEGRAPH RD EVERSON WA 98247-9222 8 390404234466 19.72 HERMAN J SCHEFFER 3477 MASSEY RD EVERSON WA 98247-9550 8 400433207103 17.26 HOEKEMA FAMILY LP 1 7314 OAT COLES RD EVERSON WA 98247-9544 22 400433272060 53.95 HOEKEMA FAMILY LP 1 7314 OAT COLES RD EVERSON WA 98247-9544 8 410431082295 19.36 HOLMQUIST FARMS LLC 9821 HOLMQUIST RD LYNDEN WA 98264-9537 46 410336389238 111.42 HOLMQUIST FARMS LLC 9821 HOLMQUIST RD LYNDEN WA 98264-9537 16 400410207212 36.52 INDERJIT S & CHARANJIT K SANDHU PO BOX 1770 SUMAS WA 98295-1770 16 400410101180 39.56 INDERJIT S & CHARANJIT K SANDHU PO BOX 1770 ISUMAS WA 98295-1770 8 400301233196 19.45 J WAYNE & CANDY JOHNSON 2274 PANGBORN RD ILYNDEN IWA 98264-9559 Page 10 559 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY' 12 400430363214 27.15 1ACOBJE TIEMERSMA 702 N WASHINGTON ST EVERSON WA 98247-9319 16 390404463202 39.76 JAGTAR S & SURINDER K MAND & 33452 MARSHALL RD ABBOTSFORD BC V2S 1K9 CANADA 16 390404332202 39.89 JAGTAR S & SURINDER K MAND & 33452 MARSHALL RD ABBOTSFORD BC V2S 1K9 CANADA 14 390416110420 31.88 JAGTAR S SANGHA 720 CEDAR DR LYNDEN WA 98264-9123 12 400311493138 29.40 JAMES A & BERYL DEVRIES 2124 E BADGER RD EVERSON WA 98247-9326 38 1400409451140 92.35 JAMES A & BONNIE RAE BLAIR 8190 RAVENSBURG DR EVERSON WA 98247-8228 32 400312075138 78.18 JAMES A DEVRIES 2124 E BADGER RD EVERSON WA 98247-9326 4 400417023489 8.35 JAMES A WRIGHT & RENEL PO BOX 859 EVERSON WA 98247-0859 4 400432418069 9.97 JAMES D BERG 3200 MASSEY RD EVERSON WA 98247-9548 20 400411463452 48.56 JAMES E & MAUREEN E SKILLMAN 1425 BOON AVE SUMAS WA 98295-9628 4 400404408430 6.46 JAMES E & SHIRLEY M HEERINGA 9463 HILL RD SUMAS WA 98295-9737 4 400403333069 9.65 JAMES E & SHIRLEY M HEERINGA 9463 HILL RD SUMAS WA 98295-9737 6 400403330030 13.51 JAMES E & SHIRLEY M HEERINGA 9463 HILL RD SUMAS WA 98295-9737 8 400410235470 18.95 JAMES E & SHIRLEY M HEERINGA 9463 HILL RD SUMAS WA 98295-9737 8 400410175470 19.47 JAMES E & SHIRLEY M HEERINGA 9463 HILL RD SUMAS WA 98295-9737 12 400410331477 29.21 JAMES E & SHIRLEY M HEERINGA 9463 HILL RD SUMAS WA 98295-9737 18 400404408430 40.05 JAMES E & SHIRLEY M HEERINGA 9463 HILL RD SUMAS WA 98295-9737 20 400403091061 49.36 JAMES E & SHIRLEY M HEERINGA 9463 HILL RD SUMAS WA 98295-9737 22 400403073212 52.30 JAMES E & SHIRLEY M HEERINGA 9463 HILL RD SUMAS WA 98295-9737 6 400416056036 13.54 JAMES E GONSER 3340 LINDSAY RD EVERSON WA 98247-9247 4 400403209233 5.66 JAMES E HEERINGA 9463 HILL RD SUMAS WA 98295-9203 8 400403205194 15.23 JAMES E HEERINGA 9463 HILL RD SUMAS WA 98295-9203 8 400403341109 15.46 JAMES E HEERINGA 9463 HILL RD SUMAS WA 98295-9203 8 400403343163 18.62 JAMES E HEERINGA 9463 HILL RD SUMAS WA 98295-9203 6 400430210330 15.00 JAMES R & TERESA M ROSSMILLER 7933 VAN BUREN RD EVERSON WA 98247-9294 4 400415304504 5.25 JAN & TINA M VAN SABBEN 3939 E BADGER RD EVERSON WA 98247-9225 6 400312097498 10.25 JAN TYRRELL 9008 NORTH PASS RD SUMAS WA 98295-8806 4 400301083072 7.50 JANETTE NYMEYER 9008 NORTH PASS RD SUMAS WA 98295-8806 560 Page 11 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL #s ACRES NAME ADDRESS CITY STATE, ZIP COUNTRY'' 6 400405249481 14.41 JASON R STREMLER 3079 HALVERSTICK RD SUMAS WA 98295-9700 6 400419149329 11.06 JAVIER LOPEZ & ROMELIA JAUREZ 2457 HALVERSTICK RD LYNDEN WA 98264-9317 4 400411031167 6.49 JAY L & DEBORAH L DEJONG 9056 N TELEGRAPH RD SUMAS WA 98295-8802 4 400410275165 10.01 JAY L & DEBORAH L DEJONG 9056 N TELEGRAPH RD SUMAS WA 98295-8802 12 400410433234 28.95 JAY L & DEBORAH L DEJONG 9056 N TELEGRAPH RD SUMAS WA 98295-8802 14 400410220073 34.62 JAY L & DEBORAH L DEJONG 9056 N TELEGRAPH RD SUMAS WA 98295-8802 10 400411077220 24.64 JAY L DEJONG 9056 N TELEGRAPH RD SUMAS WA 98295-8802 14 1400411077220 34.37 JAY L DEJONG 9056 N TELEGRAPH RD SUMAS WA 98295-8802 14 410433482074 33.88 JEAN SPOELSTRA 3648 HALVERSTICK RD SUMAS WA 98295-9749 14 390421465070 31.59 JEFFREYJ & KIM M KOCHMAN 2950 NEWMARKET ST STE 101 BELLINGHAM WA 98226-3800 4 390405066066 9.98 JERALD & MICHELLE VAN DELLEN 6881 NOOKSACK RD EVERSON WA 98247-9569 6 390405110050 10.94 JERALD & MICHELLE VAN DELLEN 6881 NOOKSACK RD EVERSON WA 98247-9569 6 390405029064 14.89 JERALD & MICHELLE VAN DELLEN 6881 NOOKSACK RD EVERSON WA 98247-9569 8 390406496147 19.52 JERALD & MICHELLE VAN DELLEN 6881 NOOKSACK RD EVERSON WA 98247-9569 10 390405208074 23.04 JERALD & MICHELLE VAN DELLEN 6881 NOOKSACK RD EVERSON WA 98247-9569 28 390408126478 69.60 JERALD & MICHELLE VAN DELLEN 6881 NOOKSACK RD EVERSON WA 98247-9569 4 400506021453 10.02 JEREMY & SHANNA VISSER 5419 HILLVIEW RD SUMAS WA 98295-9004 8 400505039372 17.25 JEREMY & SHANNA VISSER 5419 HILLVIEW RD SUMAS WA 98295-9004 18 400505293385 40.99 JEREMY & SHANNA VISSER 5419 HILLVIEW RD SUMAS WA 98295-9004 20 410532430195 45.51 JEREMY & SHANNA VISSER 5419 HILLVIEW RD SUMAS WA 98295-9004 28 400417123075 67.79 JERRY A & KAREN L SCHOLTEN 8508 VAN BUREN RD EVERSON WA 98247-9342 6 390408461017 10.09 JERRY L & BETSY S WEAVER 6515 LAWRENCE RD EVERSON WA 98247-9576 8 400312232072 19.94 JERRY L CRABTREE 2286 E BADGER RD EVERSON WA 98247-9327 2 400404507320 4.84 JERRY P HUNTER REVOCABLE TRUST/TR 9531 GARRISON RD SUMAS WA 98295-9308 2 400404495358 4.99 JERRY P HUNTER REVOCABLE 9531 GARRISON RD SUMAS WA 98295-9308 16 390422252123 39.69 JIM L RICHNER 13839 E HOFF RD EVERSON WA 98247-9403 8 400415111073 15.47 JJ FARM HOLDINGS INC 131353 BROOKSIDE AVE ABBOTSFORD BC V2T 5W6 CANADA Page 12 561 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 12 400415139208 26.94 JJ FARM HOLDINGS INC 31353 BROOKSIDE AVE ABBOTSFORD BC V2T 5W6 CANADA 2 400406335151 4.95 JOANNE VANDER VEEN 90% & 9501 VAN BUREN RD LYNDEN WA 98264-9567 24 400431437253 59.45 JOE HOEKEMA 4704 HANNEGAN RD BELLINGHAM WA 98226-7769 12 390409220466 27.51 JOHN &CINDY VAN BERKUM 3300 HOPEWELL RD EVERSON WA 98247-9441 14 390417488376 33.96 JOHN & CINDY VAN BERKUM 3300 HOPEWELL RD EVERSON WA 98247-9441 16 390409069330 37.97 JOHN & CINDY VAN BERKUM 3300 HOPEWELL RD EVERSON WA 98247-9441 18 390417439482 44.73 JOHN & CINDY VAN BERKUM 3300 HOPEWELL RD EVERSON WA 98247-9441 22 390408471148 52.82 JOHN & CINDY VAN BERKUM 3300 HOPEWELL RD EVERSON WA 98247-9441 2 400428382442 4.51 JOHN & DONNA KORTUS 19963 ROAD A NE SOAP LAKE WA 98851-9659 16 390405464066 38.87 JOHN & TESIL HENRY 3220 MACK RD EVERSON WA 98247-9560 10 410433067226 20.40 JOHN A & SUSAN K NEAL 9851 MAY RD SUMAS WA 98295-9701 18 400405415038 42.28 JOHN E & KRISTI L VANDER VEEN 9382 VAN BUREN RD LYNDEN WA 98264-9567 8 400418448186 16.18 JOHN JR & DIANE VANDER VEEN 2816 LINDSAY RD EVERSON WA 98247-9344 12 400418429058 28.10 JOHN JR & DIANE VANDER VEEN 2816 LINDSAY RD EVERSON WA 98247-9344 4 400311502053 9.34 JOHN PRANGE 2076 E BADGER RD EVERSON WA 98247-9325 4 400420487297 9.49 JOHN R & JOAN M GIARD PO BOX 31 LOPEZ ISLAND WA 98261-0031 12 400415190460 26.17 JOHN T & LA VONNA R VAN 3721 E BADGER RD EVERSON WA 98247-9227 6 400410125037 12.84 JOHN T VAN MIDDENDORP & LA 3721 E BADGER RD EVERSON WA 98247-9227 16 400415074470 39.31 JOHN T VAN MIDDENDORP & LA 3721 E BADGER RD EVERSON WA 98247-9227 18 400416355481 40.94 JOHN T VAN MIDDENDORP & LA 3721 E BADGER RD EVERSON WA 98247-9227 2 400418485227 4.53 JOHN VANDER VEEN 90% & LESLIE THOMPSON 10% 2816 LINDSAY RD EVERSON WA 98247-9344 6 400419222375 11.59 JONATHAN & MAGGIE DELANGE PO BOX 742 LYNDEN WA 98264-0742 2 400416148034 4.75 JOSEPH P & LORI A BIEHLE PO BOX 4402 NOOKSACK WA 98276-0402 14 400416167142 34.51 JOSEPH P & LORI A BIEHLE PO BOX 4402 NOOKSACK WA 98276-0402 6 400412226480 14.59 JOSEPH R & TINAJ VANDERPOL 4602 REESE HILL RD SUMAS WA 98295-8701 562 Page 13 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL #'! ACRES NAME ADDRESS CITY STATE '' ZIP COUNTRY 4 400430278428 9.69 JOSHUA J LEE 8042 VAN BUREN RD EVERSON WA 98247-9293 4 400404085495 5.26 JOYCE ORDOS 3371 HALVERSTICK RD SUMAS WA 98295-9749 4 400415280072 6.19 JUNE A TYAS 3966 DEETER RD EVERSON WA 98247-9218 26 400415280072 62.23 JUNE A TYAS 3966 DEETER RD EVERSON WA 98247-9218 4 410533157308 9.91 KAREN L HEUTINK 5988 JONES RD SUMAS WA 98295-9407 6 390422232047 14.85 KARLEY G WOODY 5709 PUTNAM RD EVERSON WA 98247-9429 42 390405515450 100.43 KARNAIL & NEK BRAR 1183 E BOUNDARY RD LYNDEN WA 98264-9512 24 400302329436 56.82 KARNAIL S & NACHHATTAR K BRAR 32236 HUNTINGDON RD ABBOTSFORD BC V2T 5Y7 CANADA 8 410435498309 16.86 KEITH J & KAREN J BOON 1648 S TARA CT LYNDEN WA 98264-9320 8 410436043241 17.05 KEITH J & KAREN J BOON 1648 S TARA CT LYNDEN WA 98264-9320 8 410435466239 17.30 KEITH J & KAREN J BOON 1648 S TARA CT LYNDEN WA 98264-9320 10 410436200301 24.83 KEITH J & KAREN J BOON 1648 S TARA CT LYNDEN WA 98264-9320 24 410436230198 55.16 KEITH J & KAREN J BOON 1648 S TARA CT LYNDEN WA 98264-9320 4 400431436150 9.61 KEITH R HOEKEMA 7448 EMMERSON RD EVERSON WA 98247-9506 4 390422109231 9.09 KELLEY REVOCABLE TRUST - 3783 E HOFF RD EVERSON WA 98247-9402 4 400402080246 7.08 KEN-JOPIE MAARHUIS FAMILY LLC 9489 HOVEL RD SUMAS WA 98295-9206 6 400506235066 11.13 KEN-JOPIE MAARHUIS FAMILY LLC 9489 HOVEL RD SUMAS WA 98295-9206 6 400402050180 13.61 KEN-JOPIE MAARHUIS FAMILY LLC 9489 HOVEL RD SUMAS WA 98295-9206 6 1400402050180 13.62 KEN-JOPIE MAARHUIS FAMILY LLC 9489 HOVEL RD SUMAS WA 98295-9206 8 400411063490 17.55 KEN-JOPIE MAARHUIS FAMILY LLC 9489 HOVEL RD SUMAS WA 98295-9206 10 400505091319 20.60 KEN-JOPIE MAARHUIS FAMILY LLC 9489 HOVEL RD SUMAS WA 98295-9206 12 400402351269 26.13 KEN-JOPIE MAARHUIS FAMILY LLC 9489 HOVEL RD SUMAS WA 98295-9206 12 400402051071 28.93 KEN-JOPIE MAARHUIS FAMILY LLC 9489 HOVEL RD SUMAS WA 98295-9206 14 400505190342 34.73 KEN-JOPIE MAARHUIS FAMILY LLC 9489 HOVEL RD SUMAS WA 98295-9206 16 400402245310 38.53 KEN-JOPIE MAARHUIS FAMILY LLC 9489 HOVEL RD SUMAS WA 98295-9206 22 400402245310 50.36 KEN-JOPIE MAARHUIS FAMILY LLC 9489 HOVEL RD SUMAS WA 98295-9206 Page 14 563 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY 46 400506495169 112.94 KEN-JOPIE MAARHUIS FAMILY LLC 9489 HOVEL RD SUMAS WA 98295-9206 8 400408456169 19.94 KENNETH C & NANCY L BOSSCHER 9043 NOOKSACK RD EVERSON WA 98247-9237 10 400408332236 20.51 KENNETH C & NANCY L BOSSCHER 9043 NOOKSACK RD EVERSON WA 98247-9237 10 400408202234 20.95 KENNETH C & NANCY L BOSSCHER 9043 NOOKSACK RD EVERSON WA 98247-9237 4 400432452070 9.87 KENNETH D & DEBORAH L BERG & 3236 MASSEY RD EVERSON WA 98247-9548 10 410433066164 20.42 KENT A & HEIDI L KAMPHOUSE 9827 MAY RD SUMAS WA 98295-9701 4 390422051189 8.09 KEVAN J & POLLY J KVAMME 8769 CLUBHOUSE POINT BLAINE WA 98230-6317 4 400432031036 9.42 KEVEN & DEBRA L SCHEFFER 2908 MASSEY RD EVERSON WA 98247-9509 4 400433190016 5.68 KEVIN & DENISE D HOEKEMA 7314 OAT COLES RD EVERSON WA 98247-9544 8 390421465257 18.29 KEVIN & DENISE D HOEKEMA & LANCE & PRICILLA HOEKEMA 7314 OAT COLES RD EVERSON WA 98247-9544 16 400302208472 39.72 KN PROPERTY HOLDINGS LLC & NS 1183 E BOUNDARY RD LYNDEN WA 98264-9512 4 390408283187 8.67 KULDIP S & RANJIT K GILL PO BOX 171 ABBOTSFORD BC V4X 2P7 CANADA 8 400420460100 18.79 KULWINDER & SHER S RANDHAWA PO BOX 648 EVERSON WA 98247-0648 10 400420460100 22.25 KULWINDER & SHER S RANDHAWA & RUMDEEP & DEVINDER K & PO BOX 648 EVERSON WA 98247-0648 4 400431410325 5.57 LANCE & PAIGE WAGTER 2176 BURK RD BLAINE WA 98230-9765 14 400430450315 30.45 LARRY & LAURA PLAGERMAN 8076 TRAPLINE RD EVERSON WA 98247-9377 18 390421514491 41.40 LARRY B & MARILYN RICHNER 3839 E HOFF RD EVERSON WA 98247-9403 26 390422320186 60.71 LARRY B & MARILYN RICHNER 3839 E HOFF RD EVERSON WA 98247-9403 4 400430271374 5.65 LARRY D & LAURA B PLAGERMAN 8076 TRAPLINE RD EVERSON WA 98247-9377 8 400430345452 17.74 LARRY D & LAURA B PLAGERMAN 8076 TRAPLINE RD EVERSON WA 98247-9377 8 400430408465 20.02 LARRY D & LAURA B PLAGERMAN 8076 TRAPLINE RD EVERSON WA 98247-9377 10 400430146330 21.44 LARRY D & LAURA B PLAGERMAN 8076 TRAPLINE RD EVERSON WA 98247-9377 12 400430055324 26.04 LARRY D & LAURA B PLAGERMAN 8076 TRAPLINE RD EVERSON WA 98247-9377 22 400430101454 52.88 LARRY D & LAURA B PLAGERMAN 8076 TRAPLINE RD EVERSON WA 98247-9377 18 400430305325 44.30 LARRY D PLAGERMAN 8076 TRAPLINE RD EVERSON WA 98247-9377 16 400301464069 38.89 LARRY J & RANDALL S SILVIS & LYNETTE M HEMNES 2571 PANGBORN RD LYNDEN WA 98264-9232 6 400415391352 1 10.75 LARRY P & KATHLEEN VAN 3873 E BADGER RD EVERSON WA 98247-9226 564 Page 15 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ?. ZIP COUNTRY 6 400415415233 12.86 LARRY P & KATHLEEN VAN 3873 E BADGER RD EVERSON WA 98247-9226 8 400416205297 19.60 LARRY P & KATHLEEN VAN MIDDENDORP 50% & JAY & NANCY 3873 E BADGER RD EVERSON WA 98247-9226 8 400416071098 19.87 LARRY P & KATHLEEN VAN MIDDENDORP 50% & JAY & NANCY 3873 E BADGER RD EVERSON WA 98247-9226 10 400415403302 20.06 LARRY P & KATHLEEN VAN 3873 E BADGER RD EVERSON WA 98247-9226 16 400416070202 36.85 LARRY P & KATHLEEN VAN 3873 E BADGER RD EVERSON WA 98247-9226 4 400415230475 8.12 LARRY P VAN MIDDENDORP & 3873 E BADGER RD EVERSON WA 98247-9226 16 400428164333 35.77 LAUREL L ANDERSON 3438 BRECKENRIDGE RD EVERSON WA 98247-9265 4 390409118466 9.69 LEISA A WOOD 3395 MACK RD EVERSON WA 98247-9559 4 390416322105 9.87 LEONARD & GWENDOLYN J 6183 SIPER RD EVERSON WA 98247-9434 8 400419056480 15.77 LESLIE A THOMPSON 3183 HOPEWELL RD EVERSON WA 98247-9573 4 400428249279 9.26 LESLIE F HAMILTON 3443 BRECKENRIDGE RD EVERSON WA 98247-9265 4 400415484288 8.19 LESLIE P & HELEN M 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1311 U P TRAIL LN CAMANO WA 98282-7258 6 1400406037482 13.89 UPTRAIL GROUP LLC 1311 U P TRAIL LN CAMANO WA 98282-7258 10 400301235478 21.75 UPTRAIL GROUP LLC 1311 U P TRAIL LN CAMANO WA 98282-7258 14 410431086075 32.17 UPTRAIL GROUP LLC 1311 U P TRAIL LN CAMANO WA 98282-7258 16 400406104471 36.46 UPTRAIL GROUP LLC 1311 U P TRAIL LN CAMANO WA 98282-7258 16 400406250460 38.90 UPTRAIL GROUP LLC 1311 U P TRAIL LN CAMANO WA 98282-7258 42 400301402485 102.58 UPTRAIL GROUP LLC 1311 U P TRAIL LN CAMANO WA 98282-7258 20 400428465085 48.55 UROS LUKIC & UROS LUKIC JR 3676 SOUTH PASS RD EVERSON WA 98247-9382 4 400417294111 8.39 VAN HOFWEGEN FAMILY REV 1725 ELDERBERRY ST ONTARIO CA 91762-5317 4 400417294111 9.09 VAN HOFWEGEN FAMILY REV 1725 ELDERBERRY ST ONTARIO CA 91762-5317 16 400417362211 35.92 VAN HOFWEGEN FAMILY REV 1725 ELDERBERRY ST ONTARIO CA 91762-5317 32 400417145201 79.13 VAN HOFWEGEN FAMILY REV 1725 ELDERBERRY ST ONTARIO CA 91762-5317 14 400405395100 34.09 VERNON L & JO ANN L DYKSTRA 9350 SWANSON RD SUMAS WA 98295-9314 10 400506350044 24.91 VIACRES 1 LLC 5885 JONES RD SUMAS WA 98295-9407 12 410533075310 27.43 VIACRES 1 LLC 5885 JONES RD SUMAS WA 98295-9407 6 400506230016 13.28 VIACRES 2 LLC 5885 JONES RD SUMAS WA 98295-9407 20 410533055160 49.68 VIACRES 2 LLC 5885 JONES RD SUMAS WA 98295-9407 12 410533235217 27.68 VIACRES 3 LLC 5419 HILLVIEW RD SUMAS WA 98295-9004 6 400405177366 10.48 VICKIE CRABTREE 9561 SWANSON RD SUMAS WA 98295-9304 6 400431466030 10.99 VIKAS & JYOTNA MOHINDRA 4848 SAN FELIPE RD #150 SAN JOSE CA 95135-1273 6 400405147180 14.82 VINCENT A & WENDI D STREMLER 9401 SWANSON RD SUMAS WA 98295-9312 14 400405147180 30.10 VINCENT A & WENDI D STREMLER 9401 SWANSON RD SUMAS WA 98295-9312 14 400405058200 30.18 VIRGIL A & LORINDA G STREMLER 9480 VAN BUREN RD LYNDEN WA 98264-9567 10 400417460061 22.08 VIRGINIA L BETTENCOURT 3294 LINDSAY RD IEVERSON WA 98247-9246 4 410432050097 8.94 W750 HOLDINGS LTD PO BOX 3249 IKAMLOOPS BC V2C 6138 1 CANADA Page 26 575 SUMAS WATERSHED IMPROVEMENT DISTRICT POLL BOOK VOTES PARCEL # ACRES NAME ADDRESS CITY STATE ZIP COUNTRY' 6 410432070159 11.13 W750 HOLDINGS LTD PO BOX 3249 KAMLOOPS BC V2C 6138 CANADA 8 1410432066046 18.60 W750 HOLDINGS LTD PO BOX 3249 KAMLOOPS BC V2C 6138 CANADA 8 410431502205 19.56 W750 HOLDINGS LTD PO BOX 3249 KAMLOOPS BC V2C 6138 CANADA 10 410432084298 22.82 W750 HOLDINGS LTD PO BOX 3249 KAMLOOPS BC V2C 6138 CANADA 12 410432220220 29.94 W750 HOLDINGS LTD PO BOX 3249 KAMLOOPS BC V2C 668 CANADA 8 410532485310 15.75 WALLY & JUDY PEPER JT 5688 JONES RD SUMAS WA 98295-9406 4 400405300158 5.30 WILLIAM D & MARGARET VISSER 9414 SWANSON RD SUMAS WA 98295-9312 2 390416124028 4.97 WILLIAM HAGEMEYER 6145 LAWRENCE RD EVERSON WA 98247-9581 8,016 1 118,5721 576 Page 27 NOTICE OF PETITION AND PUBLIC HEARING PRESENTATION OF THE PETITION FOR FORMATION OF THE SOMAS WATERSHED IMPROVEMENT DISTRICT (AN IRRIGATION DISTRICT) Notice is hereby given by the Clerk of the Whatcom County Council that a petition to form an irrigation district, to be known as the Sumas Watershed Improvement District, shall be presented to the Whatcom County Council on September 16, 2014, at 7:00 p.m. in the Whatcom County Council Chambers, 311 Grand Avenue, Bellingham, and a hearing on said petition shall be conducted. The undersigned holders of title to, or evidence of title to land susceptible of irrigation, who constitute fifty or a majority of said title to land within the boundaries of the hereinafter described lands, hereby petition the Whatcom County Council of Whatcom County, Washington for the formation of an irrigation district pursuant to Chapter 87.03 RCW and upon the showing of the following: A description of the lands to be included in the operation of the district, in legal subdivisions or fractions thereof, is as follows: Township 41 North, Range 3 East, Willamette Meridian (WM) Section 35 - SE'/4SE'/4, E740'NEI/4SWI/4 Section 36 - E'h, NWT/4SW'/4, S1/2SW1/4, N990'NE'/4SW'/4 Township 41 North, Ranee 4 East, Willamette Meridian (WM� Sections 31-36 Township 41 North, Range 5 E, Willamette Meridian (WM� Sections 31-32 Section 33 - N1/2, Nl/2NE'/4SW'/4, NWT/4SW'/4, NWT/4SW'/4SW'/4, N'/2NW'/4SE'/4, NW1/4NE'/4SE'/4 Township 40 North, Range 3 East, Willamette Meridian (WM) Section 1 Section 2 - excepting W1/2NW1/4 Section 11 - NE1/4, E1/2SE1/4 Section 12 Township 40 North, Range 4 East, Willamette Meridian (WM) Sections 1-5 Section 6 - excepting S1/2S1/2 Sections 8-10 Section 11 - W1/2W1/2, NE'/4NEIA, THAT PORTION OF NE'/4NW1/4 AND NW'/4NE'/4 AND SE'/4NE1/4 LYING NORTHERLY of CMSPP RR RIGHT-OF-WAY Section 12 - N1/2 EXCLUDING THAT PORTION DESCRIBED IN EXHIBIT A IN AF 2011203590 AND EXCLUDING THAT PORTION DESCRIBED IN AF 1117332 Section 14 - W'/2NW'/4, NW'/4SW'/4 Section 15 - excepting SE'/4SE1/4 Sections 16-17 Section 18 - SE'A Sections 19-20 Section 21 - all parcels west and north of Sumas River in NE'/4 and SW'/4, all parcels west and north of Alm Hill in NW'/4 Section 28 Section 30 Section 31 - all parcels east of Nooksack River Sections 32-33 Township 40 North, Range 5 East, Willamette Meridian (WM) Section 5 - NW'/4, NW'/4SW'/4, W1/2NE1/4 excepting that portion of SW'/4NE'/4 lying SE of a line drawn from SW corner to NE corner Section 6 - excepting S1hSE'/4SE1/4 Section 7 - THAT PORTION OF NE1/4 NW1/4 LYING NORTHERLY OF THE FOOT OF THE MOUNTAIN, GOVT LOTS 1-2 EXCEPT THAT PORTION CONVEYED TO MINNIE CLIFTON BY DEED RECORDED VOL 124 OF DEEDS PG 406. Township 39 North, Range 4 East, Willamette Meridian (WM) Section 3- SW'/4SW'/4 Section 4- excepting NE'/4 Section 5 Section 6 - ALL PARCELS EAST OF THE MOST EASTERLY MEANDER LINE OF NOOKSACK RIVER Section 8 Section 9 - N'/2 577 Section 16 - excepting E1/2SE1/4 and NEIA and NIANWIA Section 17 - all parcels east of Nooksack River in SETA and NEIA Section 21 - all parcels east of Nooksack River in NWIA, NEIA, N1hNW1/4SE1/4, E'/2S E 1/4 Section 22 - W'hNW'/4, SW1/4, W1/2SE1/4 Excepting from all of the above described parcels the following: • All lands within the City of Everson, Nooksack, and Sumas; • All parcels less than four and one-half acres in size; • All tax-exempt parcels; • All parcels outside of Ag Open Space tax classification. • Parcels split by the legal description where the majority of the acres are outside the Legal Description for the district. The Sumas Watershed Improvement District ("District") is being proposed to address both water supply, water quality, and other environmental issues affecting agricultural landowners consistent with the authority of such districts under RCW Chapter 87.03. Landowners who currently hold water rights from ground or surface water sources will continue to own and use those water rights to self -supply their water, and the creation of the proposed District will create no authority by the District over water rights held by landowners. The District will be developing and implementing new water supply options for those landowners who lack adequate water rights. Such water supplies developed by the District could include water supplies developed through water right permitting, transfers, banking, and mitigation programs. The development of these new water supply options will be subject to Washington's water resources code, Chapters 90.03 and 90.44 RCW, including all necessary reviews and approval by the Washington Department of Ecology, which includes the protection of other water rights from impairment. The proposed District will prepare plans for watershed improvements including projects that address drainage and flooding, help to improve in -stream flows, promote efficient irrigation water management practices and enhance water quality and fish habitat. The number of directors desired for the administration of the affairs of the District shall be 5. The District shall be known and designated as Sumas Watershed Improvement District. The purposes of the District shall be for developing water supply options for agricultural landowners; implementing water quality protection measures; improving drainage and other conditions that limit or impair the uses of land for agricultural purposes. The District shall also act on behalf of landowners to provide cooperative watershed management functions as authorized by RCW 87.03.019 and RCW 39.34.210, which establish the authority for the District to participate in actions and agreements for the purposes of water supply, water quality, and water resource and habitat protection and management. The District is proposed for the performance of all things necessary to enable the district to exercise the powers granted in Chapter 87.03 RCW. Public documents are available for review in the Council Office, 311 Grand Avenue, Bellingham, and at www.co.whatcom.wa.us/council. Meetings are in the Council Chambers, same address, at 7:00 p.m., unless otherwise announced. The Council Chambers is handicapped accessible. People with special needs or disabilities who will be attending this meeting are asked to please contact our office (676- 6690 or 800-676-6757 from Point Roberts) at least 96 hours in advance, so that we may make any needed accommodations. If interpretive services or transportation is needed, please call more than two days ahead of time. Dated August 20, 2014 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis Carl Weimer Clerk of the Council Council Chair SIGNATURE OF PETITIONER WHOSE NAME FIRST APPEARS UPON THE SUMAS PETITION: Jag Alamwala Publish: August 28, 2014 September 4, 2014 September 11, 2014 578 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014 - 302 CLEARANCES Initial Date Date Received in Council O cce Agenda Date Assigned to: Originator: Council Offi 9/22/2014 County Council Division Head: Dept. Head: Prosecutor: Purehasin /Bud et Executive.• TITLE OF DOCUMENT. Appointment to the Board of Equalization: applicant Matthew Burke ATTACHMENTS: Application, Resume, letters of recommendation SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Appointment to a vacant position as an alternate on the Board of Equalization. Partial term expires 1/31/2016. 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. 579 IF if I JACK f.CtUWS rx onllNnit NibMll�f a9i County Exahiifive �r M. 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Which C:niuicll (II0111i (Ill yuti Ilvrl IIIe' (/01113 ( t IW/u I ) Thine 5. Arrl you a US r.Ilizeli l' (✓1 Vr!i; ( ) rla 6, Are you reglsi.ered to vol.o Ill Wllatcultl [:orinly? (✓ yes ( ) no Y. Have you ever begirt a rllellibor UI IIIIH 1i11at(IM oll'111ilwdoll7 ( ) yw, If yes, dates:. . H. Uu you ttr yotir spouse tlavtr b fUinnl.aal InLrtroH1, 111 of oiv yell kill t11111-loyou of orficer at ally buslrless or agnilcy I:Itul. claw 1711HIilr!HH w1d, W11�11c:om r:n11111p If YOH, please explain 1�. I'lemse duscrll u your orrupakitin (of, forlrlal` acrlipallort It 1e1.110d), quailflt:atlnrls, profesHlorirll trrid/ar ruhimmilLy aclivilleg, mid edlicHlAon. �g e��o� c'e�,� e.�.:3eJ-1- u, z-�\-�r- .r 10. Pleafm dwirribo wlIy yolIII v Ititwoil Ivd III sor iilti flit (Ills Im'tI(I UI rn111111h,ido11; —,1fY1.U(N� �"�'(1 zS5J eS References (please Include doylirrm IvInj9hotin nllllllirtr), V 911lnntlim of dpplla tllll. I1PI`i 1 A P11111 IC. D04 01,11 1111 +\1, r. 1•,. , 1„,1:9r. P:,.Ir+l nil �,t�.11ri�.r.l.tll, li,r, .,Pass/, I rr,nrlr;lliiN7 In:ili it<� ..v�11Lr9,t�- !„ 111!. 1 c,l,+,r y I n,111, 11 .,��f 0,� 11„Ir9ii li ll 9,1,,�f 1! _,r„i „rotas` Ir�Sr rr.;^stYr-ri-i •4 a11� tf Ifs'" 4.I11 1 •f l i.7Y IIfi1 �' c. �rl. 1 ..tt 1, ...1 IY, ov , 1 Il.,u fi:.,.,/ i • uI �L�iM-WITH►11i k 1 =11ON16A4 1305 W. Clearbrook Drive #17, Bellingham Washington 98229, mattwburkel@gmail.com Real Property Agent, King County — Facilities Management Division 2010-2015 Seattle Addresses complex matters of real property ownership and real estate law in the effort of providing Work final permit approval to the applicant's. Clarifies to applicants on all matters relating to; franchises, special use permits, transportation permits and right -of -away utility permits within the jurisdiction of History King County. Effectively communicates and manages the permitting process working closely with utility inspectors in the King County Roads division. Understands road easements and access rights in order to advise all parties of the legal foundation to which a utility project is to be permitted. Project Administrator, King County, Department of Natural Resources 1999-2001 Purchased key land acquisitions under the Cedar River program for flood prevention and salmon habitat protection. Also provided critical right away support services on wastewater projects needing permit approval and land acquisition services. Assisted project teams in the development of land -use rights for the installment and enhancement of wastewater infrastructure such as pump stations, bypass systems and facility upgrades. Work with engineers to assemble permit applications by communicating the needs of the agency issuing the permit to project team members. Negotiated easements for wastewater infrastructure and managed land acquisitions with project team assistance. Real Property Consultant, Burke Consulting 2001-2003 Provided comprehensive services to the following clients; universal field services, Whalen Company, Kensington Apartments in northern appraisal services. Tackled matters right away issues for clients looking to install gas and power services for a local area utility company. Served clients needing property management services in the Capitol Hill area of Seattle, worked as their on -site property manager handling all aspects of this multifamily property. Successfully issued and completed for many applications and leasing agreements for a wireless company looking to provide comprehensive turnkey services to a array of telecommunications companies looking to expand service improvements in the Washington state and Oregon markets. Property Acquisition Specialist, City of Bellingham — Design & Development Division 2007-2009 Bellingham Interpreted legal documents and assembled trail easements under the Bay to Baker Trail program in Work partnership with several outside governmental agencies, community groups and other city History departments. Negotiated and assembled several due diligence packages for approval by city Council. Wrote and received community block funding for the assembly of key land acquisitions in the Birchwood neighborhood of Bellingham. Spearheaded many urban renewal projects and reviewed all aspects of land acquisitions from start to finish in critical areas lacking open space. Tracked and managed a property acquisition database which was used by senior staff and other departments to further promote land acquisitions in areas of North Bellingham. Studied every aspect of property acquisitions and made recommendations to senior staff, management, city leaders as to how to proceed and what market value of those properties should be. Appraiser, Whatcom County — Assessor's Office 2003-2007 Determine the value of thousands of real property parcels in Whatcom County for the purpose of property taxation. Made recommendations and provided testimony to the Board of equalization and to the state on values of properties within the county. John Hopkins University, Baltimore, Maryland 1996-1998 Education • M.S., Masters of Science Business Radford University, Radford, Virginia 1988-1992 B.B.A., Bachelors of Business Administration • State of Washington Certified Residential Real Estate Appraiser • State of Washington Real Estate Salesperson Licenses 581 To Whom It May Concern: September 16, 2009 I am writing to recommend Matt W. Burke as a very valuable prospective employee. I am a co-founder and current Treasurer of the Guide Meridian/Cordata Neighborhood Association in Bellingham. We have over 50 members and currently bring in 30 to 50 attendees at our monthly meetings regarding neighborhood growth and amenity needs. Ever since Matt joined the Bellingham Parks and Recreation staff he has been interested in our concerns and supportive of our efforts to obtain more parks, open spaces and trails. In addition to that he has volunteered to help build our first community garden of some 50 plots and has been a great advocate for us within the Parks Dept. I am available by phone or email if you would like to contact me regarding Matt. Sincerely, Julianna Guy Juliannauycomcast.net 360 738 8466 4559 El Dorado Way, Unit 226 Bellingham, Wa 98226 2 Retired President of Alaska Public Radio Network Past President of CBS TV and Radio Affiliate in Anchorage, Ak Retired CPA 582 PARKS AND RECREATION DEPARTMENT, 3424 Meridian, Bellingham, Washington 98225 Telephone: (360) 778-7000 Fax: (360) 778-7001 TTY (360) 778-7011 September 15, 2009 RE: Letter of recommendation for Matthew Burke To whom it may concern, This is a letter of recommendation for Matthew Burke who served the City of Bellingham, Parks & Recreation Department, as a property acquisition specialist from April of 2007 to September of 2009. This letter was written in support of Mr. Burke's future employment and educational pursuits. Mr. Burke's position was eliminated in 2009 due to budget cuts and leaves the City of Bellingham in good standing. During his period of service, Mr. Burke's passion and activism for providing park land to the citizens of Bellingham was second to none. He performed his tasks and job duties admirably during periods of adversity and sought common ground between departments, co-workers, property owners and consultants. Mr. Burke bridged deficits in communications with the greatest of clarification. His personality is adjustable to work styles radically different than his own, which serves him well in the project team setting. His power of common sense and deductive reasoning on several public works projects saved precious tax dollars. His work ethic helped assemble some of the most complex land acquisitions ever purchased by this department. His interpersonal skills balanced diplomacy to a level of office stability and team cohesion. He is not a person who rushes to judgment, nor is he a person who creates drama and stress for those around him. His spirit is that of cooperation, combined with his desire to uphold his end of the bargain. His motivation to learn from his peers and to receive training is extremely beneficial to any organization to which his services are engaged. For example, Mr. Burke obtained considerable new GIS mapping and Access database skills which increased his quality of work. Whether it is in the capacity of future employment, self employment or a return back to school, Mr. Burke's strength of character and sheer determination will generate positive outcomes for all those around him. Matt has an attitude that is conducive to success. If given the opportunity to employ him again we would. It is with our fullest support and best wishes that we give him this recommendation. Should you have any questions about this letter, please contact me at 360-778-7000. Thank you. Sin re y, ��e J -) Paul Leuthold Parks & Recreation Director ": 1 WHATCOM COUNTY ASSESSOR'S OFFICE COUNTY COURTHOUSE 3 H Grand Avenue Bellingham, WA 98225-4084 assessor al)co.whatcom.wa.us September 26, 2007 To Whom It May Concern: KEITH M. WILLNAUER COUNTY ASSESSOR JOHN E. ROMAKER CHIEF DEPUTY I am writing this letter to acknowledge my association with Matthew Burke. In my capacity as a Commercial Real Estate Appraiser, I have had the pleasure of working with Matthew while he was employed as a Residential Real Estate Appraiser at the Whatcom County Assessor's Office. Matthew began his tenure as a residential appraiser in September of 2003, and was employed until April of 2007. The position that Matthew held at the Assessor's during this period required a complete knowledge of the real estate market. In order to appraise multiple and diverse property types, Matthew would have to conduct extensive market research, and data analysis on all residential, multifamily units, farms, as well as vacant Industrial and commercial zoned land. He had to become familiar with all types of applicable zoning, wetland issues, and land use regulations established by city and county government entities. After a thorough analysis of all data, his position required a physical inspection of each property. This required a complete understanding of specific improvement classifications, measuring and confirming building square footage, land use restrictions, effects of structural depreciation, and physical, functional, and economic obsolescence. The final valuation step was to make application of market driven valuation models in order to establish fair market appraisal value. The Whatcom County Assessor employs thirteen appraisers. Prior to my promotion to a commercial appraiser, I had the responsibility of establishing a program for appraiser training. With my exposure to the appraisal staff, I observed immediately that Matthew was the most capable and professional appraiser in the office. He is knowledgeable, and highly detail oriented. The analysis of market, cost, and income data models that Matthew developed were exemplary, setting a standard of excellence for the entire appraisal staff. In addition to Matthew's professional qualifications, I found him to be very personable, and enjoyable to work with. I would not hesitate to recommend Matthew for any position that he might pursue. Sincerely, John N. Lemperes Commercial Appraiser IV Whatcom County Assessor's Office Phone: (360) 676-6790 County: (360) 398-"1310 TTY: (360) 738-4555 FAX: (360) 738-2472 .A 2014-306B WNAMOM COUNTYCOUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: twh 09112114 09130114 introduction Originator: Division Head: I D 10/14/14 inane/Council Dept. Head: E P u 2014 Prosecutor: ��0 i � � � � ��� �� COUNTY Purchasing/Budget: �> r. 'a6 �jg COUNCIL Executive: TITLE OF DOCU ENT• Amen ment no. 3 to Ordinance No. 2013-003 Establishing a project Fund for the new jail Project 2013-2014. ATTACHMENTS: Ordinance, Memo, budget supplemental budget #1908 SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Amendment no 3 to the new jail project budget requests additional budget authority for the design and financial analyst phase of the project for a new total project based budget of $7,539,280. 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. � .0" SPONSORED BY: PROPOSED BY: Jack Louws INTRODUCTION DATE: 09.30.14 ORDINANCE NO. AMENDMENT No. 3 to ORDINANCE NO 2013-003 ESTABLISHING A PROJECT FUND FOR THE NEW JAIL PROJECT 2013 - 2014 WHEREAS, Whatcom County recognizes the need for a new jail facility and is preparing for the required design and engineering services for the City of Ferndale's Special Use Permit (CUP) process with the expertise of a nationally recognized justice design firm; and WHEREAS, Whatcom County also recognizes the need for a fiscal analyst and consulting services related to financing the new jail, and; WHEREAS, budget authority will be requested from the County Council as the project progresses, and WHEREAS, Ordinance No. 2013-059 approved November 12, 2013, added expenditure authority of $6,093,491 to fund the acquisition of the preferred jail site at the intersection of LaBounty Road and Sunset Avenue in Ferndale, WHEREAS, this project will be funded through sources including, but not limited to the General Fund, Whatcom County Jail Fund, REET I and proceeds from the issuance of bonds. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, that Ordinance No. 2013-003 establishing the project based budget for the new Jail Project 2013- 2014, as amended by Ordinance No. 2013-045 and Ordinance No. 2013-059, is hereby amended by adding an additional amount of $900,887 of expenditure authority to the amended project budget amount of $7,539,280. 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: Chief Civil Deputy Prosecutor ( ) Approved ( ) Denied Jack Louws, County Executive Page 1 586 WHATCOM COUNTY �GpM COG EXECUTIVE'S OFFICE �sP ti County Courthouse�� 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 �S"'NG`� MEMORANDUM To: Whatcom County Council Members From: Tawni Helms, Administrative Coordinator Subject: New Jail Project Budget Amendment #3 Date: September 12, 2014 Jack Louws County Executive BACKGROUND In 2013, Whatcom County established a New Jail Project Fund to be used and account for the costs and revenues for the planning, design, and construction of the new jail. Additional budget authority has been appropriated as the project has progressed. It is critical the County proceeds expeditiously with this work, as outlined in Attachment A in order to complete the design services required in the Conditional Use Permit (CUP). This design work will directly lead to the final Architectural and Engineering work associated with the preparation of bidding and construction documents. Resulting from an RFQ response, a contract for the provision of financial analyst and consulting services is also being prepared for council review and authorization. STRATEGIC PURPOSE The services described will accomplish the completion of the CUP and prepare the county for developing a financial plan for the construction of the new jail. The final engineering phase will only be authorized following public approval of the new jail project during the 2015 primary or general election. ACTION REQUESTED A contract to retain DLR Group to provide the services described is prepared for council authorization at the September 30, council meeting. Administration is requesting additional budget authority in the amount of $900,887 to pay for these services. Office (360) 676-6717 FAX (360) 676-6775 TRS: 711 587 Supplemental Budget Request Status: Pending Non -Departmental Supp'r 0 # 1908 Fund 345 Cost Center 345100 Expenditure Type: One -Time Year 2 2014 Originator: Tawni Helms Add'I FTE Add'I Space Priority Name of Request: NeMJail CUP and Financial Analyst y Department Hefid Signature ( equired on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6630 Professional Services $900,887 Request Total la. Description of request: $900,887 A contract in the amount of $825,887. for professional services for design and engineering services associated with the new 521 bed jail project is prepared for council review and authorization. The contract allows for the retention of DER Group for the provision of accomplishing the required design services for the City of Ferndale's Conditional Use Permit (CUP) process. Additionally, a Request for Qualifications to provide financial analyst and consulting services resulted in a response from the PFM Group. A contract for the provision of financial analyst and consulting services related to financing a new jail. Expected cost for these professional services are $75,000. 1 b. Primary customers: Citizens of Whatcom County 2. Problem to be solved: The new jail project is progressing into the permitting phase and requires resources to provide the expertise and financial analysis to move forward. In addition to the design services related to the CUP the results of this work will be provided to stakeholdes meetings and the public. 3a. Options /Advantages: 3b. Cost savings: N/A 4a. Outcomes: The resulting work will directly lead to the final Architectural and Enginering work associated with the preparation of bidding and construction documents. This final engineering phase will only be authorized following public approval of the new jail project during the 2015 primary or general election. 4b. Measures: The County will have completed the Conditional Use Permit process and a financial plan will be ready to go to the voters of Whatcom County. 5a. Other Departments/Agencies: Sheriffs Office Facilities Division 5b. Name the person in charge of implementation and what they are responsible for: Sheriff Elfo Mike Russell 6. Funding Source: Tuesday, September 16, 2014 Rpt: Rpt Suppl Regular Supplemental Budget Request Status: Pending Non -Departmental Supp'l 0 # 1908 Fund 345 Cost Center 345100 Originator: Tawni Helms New Jail Fund cost center 345100 Tuesday, September 16, 2014 Rpt: Rpt Suppl Regular AMO, WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2014-074D CLEARANCES Initial Date Date Received in Council Office A enda Date Ass! ned to: Originator: Nick Smith 9VI912014 9/30/14 Introduction Division Head: C1 q—l� 10/14/14 Hearing Mark Personius IS' E P 2 3 2014 WHATCOM COUNTY (M U N C I L Dept Head: Sam Ryan G__ Prosecutor- Karen Frakes ) Ah'i_ I Purchasing/Budget: A Executive. Jack Lows TITLE OF DOC T. VlowTing"for An Interim Ordinance marijuana production, processing and retailing as authorized by Washington State Initiative 502, and replacing Interim Ordinance 2014-027 that was adopted on April 22, 2014. A TTA CHMENTS: 1. Cover Letter 2. Interim Ordinance 3. Ordinance 2014-027 SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? X ) Yes NO SEPA review completed? ( ) Yes ( X) NO Requested Date SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCWor WCC as appropriate. Be clear in explaining the intent of the action.) An Interim Ordinance allowing for marijuana production, processing and retailing as authorized by Washington State Initiative 502, and replacing Interim Ordinance 2014-027 that was adopted on April 22, 2014. 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.whatconLwa.uslcouncil. 590 WHATCOM COUNTY �oM J.E. "Sam" Ryan Planning & Development Services ���`RECUVtD 5280 Northwest Drive Bellingham, WA 98226-9097 �q8` or 360-676-6907, TTY 800-833-6384 360-738-2525 Fax S E P 19 2014 MEMORANDUM JACK LOUWS COUNTY TIV TO: Honorable Members of the Whatcom County Council FROM: Nick Smith, Permit Center Specialist - Planner THROUGH: Mark Personius, Long Range Planning Manager DATE: September 19, 2014 SUBJECT: Extension of Whatcom County interim recreational marijuana regulations as authorized by Washington State Initiative 502 Background: On April 22, 2014, the Whatcom County Council adopted interim Ordinance 2014- 027. Ordinance 2014-027 put in place interim (for a period of six months) zoning regulations for recreational marijuana type uses as authorized by Washington State Initiative 502. Interim Ordinance 2014-027 is set to expire on November 3, 2014. Request: Planning and Development Services (PDS) is requesting an extension in the form of a new interim ordinance of the recreational marijuana regulations adopted under Ordinance 2014-027. Staff is currently working through several pending land use and building permit applications. Therefore, PDS is requesting additional time to see if changes should be made to those regulations before a permanent ordinance is adopted. Staff will bring forth a permanent ordinance to Council within the next six months. Please feel free to contact me with any questions about this request at 360-676- 6907 x 50216 or at nsmith@whatcomcounty.us. Attachments: Proposed Interim Ordinance and Text Ordinance 2014-027 591 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: October 14, 2014 ORDINANCE NO. 2014- INTERIM ORDINANCE ALLOWING MARIJUANA PRODUCTION, PROCESSING AND RETAILING AS AUTHORIZED BY WASHINGTON STATE INITIATIVE 502 WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the State of Washington, thereby amending Chapter 69.50 RCW and providing the regulatory framework for marijuana producers, processors, and retailers to become licensed by the Washington State Liquor Control Board ("WSLCB"); and WHEREAS, on November 16, 2013, the WSLCB adopted final marijuana licensing rules as codified in Chapter 314-55 WAC; and WHEREAS, during the period between November 18, 2013 and December 20, 2013, the WSLCB accepted marijuana license applications for marijuana production, processing and retail facilities; and WHEREAS, Whatcom County began receiving notifications of proposed marijuana facilities from the WSLCB in mid -December, 2013; and WHEREAS, the WSLCB began issuing marijuana producer, processor, and retail licenses to qualified applicants starting in April, 2014; and WHEREAS, marijuana facilities as authorized under Initiative 502, are currently not specifically addressed in Whatcom County Code; and WHEREAS, on September 28, 2013, Whatcom County Planning and Development Services adopted Zoning Interpretation Policy: PL1-73-003Z which determined that marijuana proposed uses, as allowed by Initiative 502, would be regulated in the same way as any other commodity that is grown, processed, or sold in Whatcom County; and WHEREAS, on January 16, 2014, the Washington State Attorney General issued an opinion stating that Initiative 502 does not preempt counties from banning or placing additional regulatory requirements on marijuana related businesses within their jurisdictions; and WHEREAS, on February 11, 2014, the Whatcom County Council adopted Ordinance 2014-011, an emergency ordinance imposing a moratorium on the acceptance of all building 592 and/or land use applications that pertain to marijuana producers, processors, and retailers; and WHEREAS, on March 25, 2014, the Whatcom County Council adopted Ordinance 2014-019, an interim ordinance removing the moratorium and enacting interim regulations pertaining to marijuana producers, processors, and retailers; and WHEREAS, on April 22, 2014, the Whatcom County Council adopted Ordinance 2014-027, an interim ordinance replacing Ordinance 2014-019 and enacting revised interim regulations pertaining to marijuana producers, processors, and retailers; and WHEREAS, Whatcom County Planning and Development Services staff is currently working through several pending land use and building permit applications, and is requesting additional time to see if corrections should be made to those regulations before a permanent ordinance is adopted; and WHEREAS, Whatcom County intends to consider the adoption of permanent regulatory requirements for marijuana related businesses within the next six months; and WHEREAS, while the permanent ordinance is being processed, the Whatcom County Council is adopting this interim ordinance regulating marijuana related businesses and, in support of this interim ordinance, the Council makes the following findings as required by RCW 36.70.795: 1. Marijuana related operations are vulnerable to robbery and crimes of violence, as evidenced by the actual robberies and violence that have occurred at state legal marijuana medical sites within Whatcom County and elsewhere. The current requirements for locating a proposed marijuana facility do not specifically address the potential risks that these operations pose for surrounding residences, including those residences within isolated communities with limited police protection; and 2. The adoption of this interim ordinance would provide protection to communities and residential uses surrounding marijuana related businesses, as well as provide WSLCB applicants the opportunity to apply for building and/or land use permits; and WHEREAS, in accordance with RCW 36.70A.106, Whatcom County Planning and Development Services notified the Department of Commerce of the proposed interim zoning amendment; and WHEREAS, on October 14, 2014 and in accordance with RCW 36.70.795, the Whatcom County Council held a public hearing on the proposed amendment; and 4OKI WHEREAS, this ordinance shall be effective for not longer than six months following its effective date, but may be renewed for one or more six month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom County Zoning Code is hereby amended, on an interim basis, as shown in Exhibit A. BE IT FURTHER ORDAINED that this ordinance shall be effective for not longer than six months following its effective date. BE IT FINALLY ORDAINED that if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional; such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this code and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. ADOPTED this day of , 2014. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, County Clerk Carl Weimer, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecutor ( ) Approved ( ) Denied Jack Louws, County Executive Date: 594 EXHIBIT A Chapter 20.32 Rural Residential (RR) District 20.32.050 Permitted uses. .058 Marijuana production, provided the following criteria are met: (1) The facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. (3) The facility shall not exceed a total of 2,000 square feet, except where the facility is contained within a building that existed on the effective date of this ordinance. (4) No odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring uses. (5) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining property and the public road. (6) No traffic shall be generated by such a facility in greater volume than would normally be expected in the applicable zoning district and appropriate for the road classification which serves the property. (7) Any need for parking generated by the conduct of such a facility shall meet the off-street parking requirements as specified in this title. At least one additional space shall be provided for each nonresident on -site employee. 20.32.130 Administrative approval uses. 1 a .136 The processing of marijuana, provided the following criteria are met: (1) The facility is accessory to the on -site production of marijuana. (2) The facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (3) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The zoning administrator may waive this spacing requirement if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility. (4) The facility employs no more than 10 permanent employees. (5) The total area used for marijuana processing and production shall not exceed 2,000 square feet, except where the facility is contained within a building that existed on the effective date of this ordinance. (6) No odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring uses. (7) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining property and the public road. (8) No traffic shall be generated by such a facility in greater volume than would normally be expected in the applicable zoning district and appropriate for the road classification which serves the property. (9) Any need for parking generated by the conduct of such a facility shall meet the off-street parking requirements as specified in this title. At least one additional space shall be provided for each nonresident on -site employee. Chapter 20.34 Rural Residential - Island (RRI) District 20.34.050 Permitted uses. .060 Marijuana production, provided the following criteria are met: K 596 (1) The facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. (3) The facility shall not exceed a total of 2,000 square feet, except where the facility is contained within a building that existed on the effective date of this ordinance. (4) No odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring uses. (5) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining property and the public road. (6) No traffic shall be generated by such a facility in greater volume than would normally be expected in the applicable zoning district and appropriate for the road classification which serves the property. (7) Any need for parking generated by the conduct of such a facility shall meet the off-street parking requirements as specified in this title. At least one additional space shall be provided for each nonresident on -site employee. 20.34.130 Administrative approval uses. .136 The processing of marijuana, provided the following criteria are met: (1) The facility is accessory to the on -site production of marijuana. (2) The facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. 3 597 (3) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The zoning administrator may waive this spacing requirement if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility. (4) The facility employs no more than 10 permanent employees. (5) The total area used for marijuana processing and production shall not exceed 2,000 square feet, except where the facility is contained within a building that existed on the effective date of this ordinance. (6) No odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring uses. (7) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining property and the public road. (8) No traffic shall be generated by such a facility in greater volume than would normally be expected in the applicable zoning district and appropriate for the road classification which serves the property. (9) Any need for parking generated by the conduct of such a facility shall meet the off-street parking requirements as specified in this title. At least one additional space shall be provided for each nonresident on -site employee. Chapter 20.36 Rural (R) District 20.36.050 Permitted uses. .062 Marijuana production, provided the following criteria are met: (1) The facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The zoning administrator may waive this spacing requirement from residential units if 4 �• the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. (3) On parcels smaller than 4.5 acres the facility shall not exceed a total of 2,000 square feet, except where the facility is contained within a building that existed on the effective date of this ordinance. (4) No odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring uses. (5) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining property and the public road. (6) No traffic shall be generated by such a facility in greater volume than would normally be expected in the applicable zoning district and appropriate for the road classification which serves the property. (7) Any need for parking generated by the conduct of such a facility shall meet the off-street parking requirements as specified in this title. At least one additional space shall be provided for each nonresident on -site employee. 20.36.130 Administrative approval uses. .137 The processing of marijuana, provided the following criteria are met: (1) The facility is accessory to the on -site production of marijuana. (2) The facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (3) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The zoning administrator may waive this spacing requirement if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility. (4) The facility employs no more than 10 permanent employees. (5) On parcels smaller than 4.5 acres the total area used for marijuana processing and production shall not exceed 2,000 square feet, except 5 MAJ, where the facility is contained within a building that existed on the effective date of this ordinance. (6) No odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring uses. (7) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining property and the public road. (8) No traffic shall be generated by such a facility in greater volume than would normally be expected in the applicable zoning district and appropriate for the road classification which serves the property. (9) Any need for parking generated by the conduct of such a facility shall meet the off-street parking requirements as specified in this title. At least one additional space shall be provided for each nonresident on -site employee. Chapter 20.40 Agriculture (AG) District 20.40.050 Permitted uses. .059 Marijuana production, provided the following criteria are met: (1) The facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. 1.1 •11 (3) No odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring uses. (4) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining property and the public road. (5) No traffic shall be generated by such a facility in greater volume than would normally be expected in the applicable zoning district and appropriate for the road classification which serves the property. (6) Any need for parking generated by the conduct of such a facility shall meet the off-street parking requirements as specified in this title. At least one additional space shall be provided for each nonresident on -site employee. 20.40.100 Accessory uses. .115 The processing of marijuana, provided the following criteria are met: (1) The facility is accessory to the on -site production of marijuana. (2) The facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (3) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The zoning administrator may waive this spacing requirement if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. (4) The facility employs no more than 20 permanent employees. (5) No odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring uses. (6) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining property and the public road. 7 it (7) No traffic shall be generated by such a facility in greater volume than would normally be expected in the applicable zoning district and appropriate for the road classification which serves the property. (8) Any need for parking generated by the conduct of such a facility shall meet the off-street parking requirements as specified in this title. At least one additional space shall be provided for each nonresident on -site employee. Chapter 20.42 Rural Forestry (RF) District 20.42.050 Permitted uses. .070 Marijuana production, provided the following criteria are met: (1) The facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. (3) No odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring uses. (4) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining property and the public road. (5) No traffic shall be generated by such a facility in greater volume than would normally be expected in the applicable zoning district and appropriate for the road classification which serves the property. (6) Any need for parking generated by the conduct of such a facility shall meet the off-street parking requirements as specified in this title. At least W 602 one additional space shall be provided for each nonresident on -site employee. 20.42.100 Accessory uses. .106 The processing of marijuana, provided. the following criteria are met: (1) The facility is accessory to the on -site production of marijuana. (2) The facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (3) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The zoning administrator may waive this spacing requirement if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. (4) The facility employs no more than 20 permanent employees. (5) No odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring uses. (6) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining property and the public road. (7) No traffic shall be generated by such a facility in greater volume than would normally be expected in the applicable zoning district and appropriate for the road classification which serves the property. (8) Any need for parking generated by the conduct of such a facility shall meet the off-street parking requirements as specified in this title. At least one additional space shall be provided for each nonresident on -site employee. Chapter 20.51 Lake Whatcom Watershed Overlay District :1 a 20.51.200 Prohibited uses. In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited, except as per Chapter 20.83 WCC: .102 Marijuana production or processing. Chapter 20.59 Rural General Commercial (RGC) District 20.59.050 Permitted uses. .051 Retail and office type uses. (4) Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music, pet stores and marijuana retail. Chapter 20.60 Neighborhood Commercial Center (NC) District 20.60.050 Permitted uses. .051 Retail and office type uses. (7) Marijuana retail, not greater than 2,500 square feet. (8) Other convenience retail shops not greater than 2,500 square feet per shop. (9) Professional offices not greater than 2,500 square feet per business. 10 HE Chapter 20.61 Small Town Commercial (STC) District 20.61.050 Permitted uses. .051 Retail and office type uses. (4) Retail establishments with less than 2,500 square feet of retail floor area per establishment, including but not limited to liquor, drug, sundries, variety, clothing, florist, optical, sporting goods, appliance, craft, music, pet stores and marijuana retail. Chapter 20.62 General Commercial (GC) District 20.62.050 Permitted uses. .059 Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music, pet stores and marijuana retail. Chapter 20.64 Resort Commercial (RC) District 20.62.050 Permitted uses. .059 Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music, pet stores and marijuana retail. 11 Chapter 20.66 Light Impact Industrial (LII) District 20.66.050 Permitted uses. .087 Marijuana production or processing. 20.66.700 Performance standards. .709 Marijuana Odor Within an industrial park no odor or smoke shall be emitted that is detectable at or beyond the walls of the building where said use is located, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of other users within the park. Chapter 20.68 Heavy Impact Industrial (HII) District 20.68.050 Permitted uses. .066 Marijuana production or processing. Chapter 20.69 Rural Industrial Manufacturing (RIM) District 20.69.050 Permitted uses. 12 .053 Agriculture type uses. Uses related to agriculture including, but not limited to: (10) Marijuana production. (11) Processing of marijuana. 20.69.700 Performance standards. .708 Marijuana Odor Within an industrial park no odor or smoke shall be emitted that is detectable, at or beyond the walls of the building where said use is located, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of other users within the industrial park. Chapter 20.71 Water Resource Protection Overlay District 20.71.200 Prohibited uses. In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited, except as per Chapter 20.83 WCC: .222 Marijuana production. Chapter 20.80 Supplementary Requirements 13 AM 20.80.690 Marijuana State License Required. Prior to commencing operations, a marijuana producer, processor, or retailer shall obtain approval as a state -licensed marijuana producer, processor, or retailer under Chapter 69.50 RCW, as amended, and Chapter 314-55 WAC, as amended. 20.80.695 Application for County Development Permits - Timing. Applicants for marijuana production, processing, or retailing may apply for county development permits at any time. Applicants who wish to apply for county permits, or commence construction of facilities for producing, processing, or retailing of marijuana under chapter 69.50 RCW, prior to obtaining approval as a state -licensed marijuana producer, processor or retailer do so at their own risk. Final occupancy of the building will not be granted until a state liquor control board license has been approved. 20.97 Definitions. 20.97.225 Marijuana, marihuana or cannabis. "Marijuana," "marihuana" or "cannabis" means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. 20.97.226 Marijuana processing. "Marijuana processing" means a facility licensed by the state liquor control board to process marijuana into useable marijuana and marijuana -infused products, package and label useable marijuana and marijuana -infused products for sale in retail outlets, and sell useable marijuana and marijuana -infused products at wholesale to marijuana retailers. A marijuana processing facility shall include any building that is associated with the processing of marijuana. 20.97.227 Marijuana production. 14 .1: "Marijuana production" means a facility licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors. The area of a marijuana production facility includes all the area enclosed within a building or fence that is required by the state liquor control board for the production of marijuana. 20.97.228 Marijuana retail. "Marijuana retail" means a facility licensed by the state liquor control board to sell useable marijuana and marijuana -infused products in a retail outlet. A marijuana retail facility shall include any building that is associated with the sale of marijuana. 20.97.229 Marina. 20.97.230 May. 15 AIR WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-314A r� CLEARANCES Initial Date Date Received in Council O fice Agenda Date Assigned to: Originator: DH 912312014 _ 9/30/14 Introduction Division Head. 2, ., 01 H ATCO �� COUNTY U 10/14/14 Hearing Dept. Head:t.:¢. Prosecutor: r" PurchasinglBtidget: N I COUNCIL Executive: Executive: CI rS..I T � TITLE OFDOCU ENT: Resolution to sell Tax -Title property by negotiation Reg. #TR2014-01 ATTACHMENTS: Map SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: The Property Management Committee determined the property be sold by negotiation as per R.C.W. 36.35.150(4); when no acceptable bids were received at the attempted public auction of the property, if the sale is made within twelve month from the date of the attempted public auction. Parcel No. 380125.312183.0000 / PID 40193 KEL BAY NUMBER 2 SOUTH 60 FEET OF LOT 65, AS PER MAP THEREOF, RECORDED IN BOOK 9 PLATS, PAGE 23, WHATCOM COUNTY, WASHINGTON TWN 38N RGE 01E SEC 25 For no less than the principal taxes, interest, penalties, title search and foreclosure costs of $1,877.53 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. 610 SPONSORED BY: Consent PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION REQUEST NO. 2014-01 1 WHEREAS, RCW 36.35.120 allows the County to sell real estate acquired by tax 2 foreclosure where it is found to be in the best interest of Whatcom County to sell the 3 same; and, 4 WHEREAS, the Whatcom County Property Management Committee s recommends the resolution be passed to effectively meet the legal requirement for the 6 disposal by negotiation pursuant RCW 36.35.150(4) when no acceptable bids were 7 received at the attempted public auction of the property, if the sale is made within 8 twelve month from the date of the attempted public auction; and, 9 WHEREAS, the Whatcom County Property Management Committee 10 recommends the Whatcom County Treasurer enter into negotiations the applicant; and, 11 WHEREAS, RCW 36.35.120 requires the Council to establish the minimum price 12 for said unit of property; and, 13 WHEREAS, the Whatcom County Code as well as the state law allows the 14 County to reserve from the sale coal, oil, gas, gravel, mineral, ores, fossils, timber or 15 other resources if the Council finds that it is in the best interest to reserve these; and 16 WHEREAS, the principal taxes, title search and foreclosure costs, total $1,877.53 17 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the 18 County to sell: 19 20 Parcel No. 380125.312183.0000 / PID 40193 21 KEL BAY NUMBER 2 SOUTH 60 FEET OF LOT 65, AS PER MAP THEREOF, 22 RECORDED IN BOOK 9 PLATS, PAGE 23, WHATCOM COUNTY, WASHINGTON 23 TWN 38N RGE 01 E SEC 25 24 By negotiation for no less than 1 877.53. 25 BE IT FURTHER RESOLVED that said price shall not be allowed under contract 26 and shall be paid in either cash, certified check, or money order to the Whatcom 27 County Treasurer at the time of sale; and, Page 1 611 28 BE IT FURTHER RESOLVED that said parcel shall be sold subject to restrictive 29 covenants allowing for imposition of Community Association fees, if any, as set forth in 30 Whatcom County Resolution No. 88-37; and, 31 BE IT FURTHER RESOLVED that this sale transfers to the owners all coal, oil, 32 gas, gravel, minerals, ores, fossils, timber or other resources on or in said land and the 33 right to mine for and remove the same in conformity with zoning regulations in force and 34 effect; and, 35 BE IT FURTHER RESOLVED that the Whatcom County Treasurer is hereby 36 directed to sell such property at not less than a certified price and said sale shall take 37 place in accordance with the duties as established in RCW 36.35.120. 38 APPROVED this day of , 2014. 39 40 41 42 43 44 45 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Chair of the Council APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney 612 Page 2 S"oRtwu BAYSHORE M*R, WHATCOM COUNTY REAL PROPERTY INVENTORY 18-Sep-14 PARCEL PROFILE Item # 998 Parcel # 380125-312183-0000 Custodian TAX TITLE PID # 40193 _ Date Acquired 11/22/2013 Purchase Price $1,877.53 Location KELBAY AVE BELLINGHAM Facility KEL BAY NO 2 S 60 FT OF LOT 65 L.-Current Use RR3(RES RUARAL 3DU/A) Zoning ZONE 1 (PRIMARY ZONING Acreage - - - Esfimated or Actual Cost Current Assessed Value Land Building: Tatar ------ - - - —� Fixed Asset Code $750.00 --- $750.00 $0.00 $0.00 Special Characteristics Physical Inspection I Date Last Reviewed Purpose Surplused Saleability Remarks ----------- -- — Sale Status Lease Info Deed # 5503 r Treasurer's Deed 11/22/2013 Auditor's File # 2131200730 Volume,Page Item # 998 Parcel ## 380125-312183-0000 614