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HomeMy WebLinkAboutPacket Jan 24 2017WHATCOM COUNTY COUNCIL AGENDA BILL Avn_ AB2016-276D CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: Cliff Strong C� 11512017 I' jJ�] ilfl J AN 17 2017 112412017 COTW Division Head: Mark Personius �' t 2' n Dept. Head: Sam Ran _ Prosecutor: Royce Buckingham WHATCOM COUNTY � Purchasing/Budget: COUNCIL ,■ 1 Executive: Jack Louws �} / . / TITLE OFDOC NT. 2016 Critical Areas Ordinance Update • Article 4—Frequently Flooded Areas ATTACHMENTS: (all current and past materials provided to the Council can be found at http://www.whatcomcflunty.us/2417/County-Council-Review) A. Staff memo to Council dated 1/12/2017 B. Proposed Amendments to Article 4 (Frequently Flooded Areas) SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This is another workshop (in a series of many) on the proposed ordinance to amend Whatcom County Critical Areas Ordinance (CAO) (WCC 16.16) pursuant to RCW 36.70A.130(1). The Growth Management Act (RCW 360.70A) defines critical areas as wetlands, frequently flooded areas, fish and wildlife habitat conservation areas (including streams), geologically hazardous areas, and critical aquifer recharge areas. The purpose of this periodic update is to ensure that the CAO meets the GMA requirements, including consistency with the Whatcom County Comprehensive Plan, best available science, and state agency guidance updates. Numerous amendments are being proposed, though most of them pertain to correcting grammar, updating references to other documents or laws, clarifying and updating administrative procedures, etc. The County is also required to integrate the CAO provisions with its Shoreline Master Program (SMP). Whatcom County has done so by adopting the CAO by reference within the SMP (WCC 23.10.060(A)). This reference is also proposed to be amended. 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. WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax Memorandum TO: The Honorable County Council Jack Louws, County Executive FROM: Cliff Strong, Senior Planner THROUGH: Mark Personius, Asst. Director 1,61P DATE: January 12, 2017 SUBJECT: 2016 Critical Areas Ordinance Update County Council Review, Workshop 3, 24 January 2017 J.E. `'Sam" Ryan Director On January 24t" the Council will continue its review of the 2016 Critical Areas Ordinance Update. Topics to be covered include: Review of Certain Proposed Amendments to: • Article 4 - Frequently Flooded Areas • Article 7 - Habitat Conservation Areas To prepare for this meeting, please review Articles 4 and 7 of the draft code and read the Best Available Science Addendum regarding those two sections (in your previous meeting packet materials), in which I point out the more substantive recommended amendments. 2 WWC 16.16 Critical Areas Regulations (P/C adopted version) 6/9/16 ARTICLE 4. FREQUENTLY FLOODED AREAS 2 16.16.400 Purpose. 3 The purposes of this article are to: 4 A. Reduce the risk to life and safety, public facilities, and public and private property that result from 5 floods. 6 B. Avoid and minimize impacts to fish and wildlife habitats that occur within frequently flooded areas. 7 C. Protect and maintain the beneficial ecological functions and valUes, DOCsta1of frequently flooded are- 8 as, including providing the necessary flow regime to form and maintain a full range of functional and 9 accessible salmonid habitats both within and outside of frequently flooded areas. 10 D. To ensure compliance with FEMA National Flood Insurance Program NFIPprotection standards for 11 critical habitats of specieicEs811 listed under the Endangered Species Act. 12 D-.E.In conjunction with the provisions of WCC Title 17, establish review procedures that provide an in- 13 vtegrated approach to managing floodplain development and maintaining the capacity of the flood- 14 plain or floodway to convey and store flood waters. 15 16.16.410 Designation and mapping — Frequently flooded areas. 16 A. Frequently flooded areas are areas located along major rivers, streams, and coastal areas where the 17 depth, velocity, intensity and frequency of flood water during major events present a risk to human 18 life and property. Areas susceptible to these types of hazards are hereby designated as frequently 19 flooded areas and subject to the provisions of this article. 20 B. The approximate location and extent of frequently flooded areas are shown on the County's critical 21 area maps. These maps are to be used as a guide and do not provide a definitive critical area desig- 22 nation. The County shall update the maps as new hazard areas are identified and as new infor- 23 mation becomes available. This article does not imply'that land outside mapped frequently flooded 24 areas or uses permitted within such areas will be free from flooding or flood damages. This chapter 25 shall not create liability on the part of Whatcom County, any officer or employee thereof, or the 26 Federal Insurance and Mitigation Administration (FIMA), for any flood damages that result from reli- 27 ante on this chapter or any administrative decision lawfully made hereunder. 28 C. Frequently flooded areas shall include, but not be limited to: 29 1. Areas subject to a arae-pe-reaRtl% recurrence interval of flood water inundation or a 100-year 30 base flood as mapped on the current effective Federal Emergency Management Agency's Flood 31 Insurance Rate Maps (FIRM). This includes coastal high hazard areas as defined by this chapter 32 and as identified and designated on the FIRM maps as Zone VE or V; provided, that tsunami haz- 33 and areas are designated as geologically hazardous areas and subject to the provisions of Article 34 3 of this chapter. 35 2. Other flood hazard areas identified by the County Public Works Department based on review of 36 historical data, high water marks, photographs of past flooding, or similar information from fed- 37 eral, state, county, or other valid sources when base flood elevation data from the Federal In- 38 surance and Mitigation Administration has not been provided or is not accurate. 39 16.16.420 Frequently flooded areas — General standards. 40 A. All development shall conform to the provisions of WCC Title 17, Flood Damage Prevention, and the 41 applicable provisions of this chapter. 42 B. Development within frequently flooded areas shall be allowed pHrsuaFi­t-onlV when it is consistent 43 with all of the following: I:\planning division\long range planning\cao update\2016 update\planning commission\cao -draft code updates, pc recommendations. docx 43 3 WWC 16.16 Critical Areas Regulations (P/C adopted version) 6/9/16 1 1. FEMA's National Flood Insurance Program NFIP including the protection standards for critical 2 habitats for listed species, which shall be demonstrated through submittal of a habitat assess- 3 ment and if necessa a mitt ation plan prepared by a Qualified professional, in accordance 4 with the FFMA Regional Guidance for the Puget Sound Basin. The plan shall identify any federal- 5 ly listed species and associated habitats and demonstrate that no harm will occur to such s e- 6 cies or habitats as a result of development within frequently flooded areas; 7 2. t-94The mitigation sequence in WCC 16.16.260; a 8 3, a rticle 7 Habitat Conservation Areas of this chapter-, 9 4. The applicable general protective measures found in WWC 16.16.265, 10 C. The technical administrator shall have the authority to require mitigation for adverse impacts to 11 flithe ecological functions of Frequently Flooded Areas; provided, that such mitigation shall 12 be consistent and compatible with the goal of protecting health and safety and minimizing risks to 13 property. 14 16.16.430 Review and report requirements. 15 I A. When County critical area maps or other sources of credible information indicate that a site pro- 16 posed for development is or may be located within a frequently flooded area, the County Public 17 Works Department's River and Flood Division and/or the technical administrator shall have the au- 18 thority to require a critical area assessment report. 19 A:B,The public works department shall have primary responsibility for reviewing and approving pro- 20 posed developments for consistency with WCC Title 17;, -that •The technical administrator 21 shall review development proposals for consistency with the standards provided in this chapter. Ei- 22 Cher may lace conditions for approval and or recluire mitigation in accordance with this chap- 23 terI cacs4 24 C. In addition to the requirements of WCC 16.16,225 Ccritical areas assessment reports for frequently 25 flooded areas shall: 26 1_Fneet there qua eel eats .+f INGG 1:7 12 0 n and 1646.2557 Address adverse impacts to ecological 27 functions and processes, including riparian vegetation. Positive impacts may also be discussed. 28 2. ThR repo;; ,'� ilnclud mi i.ation for advers s o Frequently Flooded Areas' 29 #[n-ecological fun tons where applicable, 30 D. he technical administrator shall have the authority to modifiLthe re uirements of Subsection C 31 when she determines that any portion of these re uirements is unnecessary given the scope 32 and/or scale of the oroposed development . P/c8si 33 E. 34 35 The technical administrator alsG-shall have the authority to require addi- 36 tional information to that required in Subsection C that discloses and describes the effects of pro- 37 posed development on Frequently Flooded Area floodplain functions, including, but not limited to 38 impacts on: storage+A9 and conveyiigance of flood water; channel mi ration' css6 • Fed+*i4g-peak 39 flows and flow velocities; redudRg-redd scour and d+splar=4T displacement of rearing juvenile fish; 40 Wig -sediment quality in streams; "shear stress and bank erosion; ter- vklff-water 41 quality; PFOVidiRgwildlife habitat; r+aintaink4g-fish access; and eyGiffing nutrients cycling or pre4kii�ig 42 other hyporheic functions that link surface and groundwater systems. 43 44 D.F.Critical areas assessment report requirements may be waived for single-family developments and 45 structures accessory to agricultural uses when the technical administrator and the public works de- 46 partment determine that no adverse impacts or risks to life, property, or ecological functions will 47 occur. 48 is\planning division\long range planning\cao update\2016 update\planning commission\cao - draft code updates, pc recommendations.docx 44 0 PROPOSED FINDINGS OF FACT (AS ADOPTED BY THE PLANNING COMMISSION) Whatcom County Critical Areas Ordinance update 2016 Proposed Findings of Fact (as adopted by the Planning Commission) WHEREAS, the adopted Whatcom County Comprehensive Plan supports the protection of environmentally critical areas through the adoption of development regulations; and WHEREAS, the State Growth Management Act (GMA) includes adopted goals and requirements to guide the development and adoption of comprehensive plans and development regulations including requirements to designate and protect environmentally critical areas; and WHEREAS; the County has considered those adopted goals, policies, and requirements in development of the proposed Whatcom County Code Amendments related to critical areas, and, has considered other state requirements, law, rules, guidelines, and agency comments; and WHEREAS, the County researched and assessed the experience of other jurisdictions in regard to standards and requirements for regulating critical areas, undertook a Best Available Science (BAS) review and public process in accordance with the requirements of the GMA, developed Whatcom County Code amendment drafts, prepared environmental documents in accordance with the requirements of the State Environmental Policy Act (SEPA), and held meetings and hearings throughout the code development process; and WHEREAS, the County has been provided feedback on draft work products and guidance from members of the public, County staff, the Washington State Department of Fish and Wildlife, the Washington State Department of Ecology, the Washington State Department of Commerce, the Lummi Nation, the Nooksack Indian Tribe, other stakeholders and experts, the Whatcom Planning Commission, and elected and appointed officials during the development of the recommended code amendments; and WHEREAS, in developing this ordinance, the County has followed the GMA's requirements, including to provide "early and continuous public involvement" through a variety of mechanisms described in the public record; and WHEREAS, the County has followed the State guidelines for the BAS process required by RCW 36.70A.172 and WAC 365-195-900 through 925, employing a variety of mechanisms described in the public record; and WHEREAS, a notice of intent to adopt the proposed code amendments was sent to the State of Washington Department of Commerce and to other State agencies on February 2, 2016, for a 60- day review and comment period in accordance with State law; and WHEREAS, an environmental review has been conducted in accordance with the requirements of State Environmental Policy Act (SEPA), and a SEPA threshold determination was issued, and published on March 17, 2016, in the Bellingham Herald; and WHEREAS, the Planning Commission held a total of 7 public meetings to consider the proposed amendments, which included two public hearings, one on May 12 and one on June 9, 2016, with deliberations throughout these meetings; and WHEREAS, the Planning Commission has provided a recommendation to the County Council related to the proposed amendments; and 0 WHEREAS, the County Council held X study sessions on the proposed amendments on X, 2016, and a public hearing on X, 2016 and continued public hearing on X, 2016; and WHEREAS, the County Council has considered the recommendation of the County Planning Commission and the public comments received; and WHEREAS, the County Council has reviewed and considered a variety of information sources including Best Available Science materials, informational documents in the public record, and public testimony submitted verbally and in writing to the Planning Commission and to the County Council; and WHEREAS, the County Council desires the proposed amendments to be effective throughout the County including within shoreline jurisdiction, a subsequent Shoreline Master Program amendment should be prepared for submittal to the State Department of Ecology for approval; and WHEREAS, based upon the foregoing process, the County Council has made the following Findings of Facts and Conclusions: General Critical Areas Findings 1. The Growth Management Act requires critical areas to be designated and protected and to Include and be informed by BAS when developing critical areas regulations. [RCW 36.70A] 2. Critical areas include wetlands, fish and wildlife habitat conservation areas, geologically hazardous areas, critical aquifer recharge areas, and frequently flooded areas. 3. The Whatcom County has within its borders a variety of environmentally sensitive areas that require protection of important functions and values. 4. Unregulated development may result in cumulative impacts to those functions and values of critical areas that contribute to and are necessary for a healthy natural environment and perceived quality of life. 5. The unregulated development of residences, businesses, shopping areas and other structures, and the clearing of land for accommodation of livestock and for such development all have the potential of adversely and significantly impacting the functions and values of critical areas. 6. The unregulated development of resource lands or areas susceptible to natural hazards may lead to inefficient use of limited public resources, jeopardize environmental resource functions and values, subject persons and property to unsafe conditions, and affect the perceived quality of life. 7. It is more costly to remedy the loss of critical area functions and values than to conserve and protect them from loss or degradation. S. In determining what critical areas are to be afforded a particular degree of protection, Whatcom County has evaluated a wide range of the best science available with respect to the critical areas to make informed decisions that meet the intent of the Growth Management Act and that are also reflective of local needs. 9. The sources of this best available science that were evaluated and included in this ordinance are contained in Exhibit B: Whatcom County Critical Areas Ordinance 2016 Update — Best Available Science Review. Addendum to the 2005 BAS Report. 7 10. Protection standards for one critical area often provide protection for one or more other critical areas. 11. Critical areas may also be protected by other actions by the County, such as stormwater management standards, clearing and grading regulations, critical area restoration, and public education; and from other regulations, such as the Forest Practices Act, the Shoreline Management Act, the State Environmental Policy Act, and others. 12. The U.S. Constitution prohibits the taking of private property without just compensation. 13. The proposed regulations for critical areas are s4ficient fuFletmq-lsand val-10.6; of these afea -consistent with the Whatcom Comprehensive Plan -a" 6+awt�-IV1a�ag�ze�. 14. The amendments hereafter set forth address requirements related to development in and near environmentally critical areas including environmentally critical areas buffers, performance standards, mitigation requirements, exemptions and exceptions. 15. The amendments serve to further implement the Comprehensive Plan, and provide protection for critical areas that is consistent with BAS and with providing options and development flexibility, and are in the public interest. 16. The critical areas regulations continue to allow for reasonable use of property to ensure that such regulations do not infringe on constitutional private property rights. 17. The public record demonstrates that the amendments were developed through a review of the BAS literature available to the County for review and consideration. 18. The County has followed the GMA's requirements for public involvement and for including and considering BAS in modification of the regulations for critical areas. 19. The public testimony provided to the County included both support for the proposed amendments and suggestions for modifications. 20. Based on the review of the testimony and public record, the amendments attached to this ordinance reflect the County's requirement to protect critical areas and to consider the planning goals of the GMA, while recognizing public and private interests. We r ands 21. Wetlands and streams are environmentally sensitive and have numerous natural functions and values. These functions include: wildlife and fisheries habitat; water quality protection; flood protection; shoreline stabilization; stream flow; and ground water recharge and discharge. In many situations, these functions cannot be adequately replicated or replaced. 22. The scientific literature supports in the inclusion of protective buffers from wetlands to provide sediment control and nutrient inputs to wetlands, and to protect important wetland functions. 23. Wetlands are identified according to the U.S. Army Corps of Engineers' Wetlands Delineation Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region supplement (Version 2.0) 2010, and rated according to the Washington State Wetland Rating System for Western Washington, revised 2014, prepared by the Washington State Department of Ecology (Ecology). 24. The scientific literature supports the inclusion of protective buffers of relatively intact native vegetation from wetlands to adequately protect wetland functions and values. 25. Appropriate wetland mitigation ratios —ratios of areas of wetland replacement and enhancement to that altered or destroyed —are established in Wetland Mitigation Replacement Ratios: Defining Equivalency, published by Ecology, 1992, and Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing Wetlands, Ecology Publication 05-06-008, April 2005. Critical Aquifer Recharge Areas 26. WAC 365-190-080 defines wellhead protection areas, sole source aquifers, special protection areas, and other areas that are susceptible or vulnerable to ground water contamination as areas with a critical recharging effect on aquifers used for potable water (also referred to as critical aquifer recharge areas). 27. Potable water is an essential life -sustaining element. 28. Much of the County's drinking water in rural areas comes from groundwater supplies. 29. Once groundwater is contaminated it is difficult, costly, and sometimes impossible to clean up. 30. Preventing groundwater contamination is necessary to avoid exorbitant costs, hardships, and potential physical harm to people. 31. Guidance Document for Establishment of Critical Aquifer Recharge Area Ordinances, by Ecology, 2000, includes scientific recommendations for protecting ground water, including limiting certain uses and the intensity of development in critical aquifer recharge areas. Frequently Flooded Areas 32. Flood hazard areas are subject to periodic inundation that results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 33. These flood losses are caused by development in areas prone to inundation that increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to flood loss. 34. Floodplain and stream connectivity are major elements in maintaining healthy riparian habitat and off -channel habitats for the survival of fish species and conveyance of floodwaters. If river, floodplains, and other systems are not viewed holistically as biological, geomorphological units, this can lead to serious degradation of habitat and increase flood hazards, which in turn can contribute to listing of various fish species as threatened or endangered and result in extraordinary public expenditures for flood protection and relief. 35. Frequently flooded areas, including the 100-year floodplain and the floodway, are commonly mapped on flood insurance maps, often known as Flood Insurance Rate Maps, or FIRMS. 9 Geologically Hazardous Areas 36. Geologically hazardous areas are subject to periodic geological events that result in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 37. Geologic hazards may be exacerbated by development and human activity in sensitive areas, and impacts resulting from geologic hazards may be reduced by limiting development and human activity within or adjacent to the geologic hazard. 38. Some geologic hazards may be intensified during periods of consistent or heavy rainfall that results in ground saturation or surface water drainage flows. Fish and Wildlife Habitat Conservation Areas 39. Fish and wildlife habitat conservation areas perform many important physical and biological functions that benefit Whatcom County and its residents, including but not limited to: maintaining species diversity and genetic diversity; providing opportunities for food, cover, nesting, breeding and movement for fish and wildlife; serving as areas for recreation, education and scientific study and aesthetic appreciation; helping to maintain air and water quality; controlling erosion; and providing neighborhood separation and visual diversity within urban areas. 40. Wetlands and streams are environmentally sensitive and have numerous natural functions and values. These functions include: wildlife and fisheries habitat; water quality protection; flood protection; shoreline stabilization; stream flow; and ground water recharge and discharge. In many situations these functions cannot be adequately replicated or replaced. 41. The scientific literature supports the inclusion of protective buffers from streams to provide sediment control, nutrient inputs to downstream waters, large woody debris, and other functions important to riparian areas. 42. The Washington Department of Fish and Wildlife (WDFW) has prepared management recommendations for the preservation of priority habitat and species, which are based on the best available science, and include, in some instances, recommended protective buffer distances. 43. Kelp and eelgrass beds have been identified and mapped by the Washington State Department of Natural Resources (DNR) in some areas. Herring and smelt spawning times and locations are outlined in WAC 220-110-240 through 220-110-260. Locations for both may be found by referring to Critical Spawning Habitat for Herring, Surf Smelt, Sand Lance and Rock Sole in Puget Sound, Washington: A Guide for Local Governments and Interested Citizens, 2002, and the Puget Sound Environmental Atlas, Volumes 1 and 2. 44. Salmonid and anadromous fish may be more impacted by development and human activity during some times than others. Such times are referred to as "fish windows," which have been documented by WDFW. 45. DNR has classified watercourses according to two stream -typing systems based on channel width, fish use, and perennial or intermittent status. 10 46. WAC 365-190-080(5) grants [the jurisdiction] the flexibility to make decisions in the context of local circumstances, and specifically excuses local jurisdictions from being required to protect "all individuals of all species at all time." 11 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2016-276H CLEARANCES I Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Cliff Strongl i I/5/2017 w n EC E ILA V E D J AN 17 1017 l/Z4/2077 COTW Division Head: Mark Person ius �N ' Z Dept. Head., Sam Ran Prosecutor: Royce Buckingham WHATCCM COUNTY COUNTY Purchasing/Budget: COUNCIL1r Executive: '1 Jack Lows \ —7 /� . % / , / TITLE OF DO NT: 2016 Critical Areas Ordinance Update o Article 7—Habitat Conservation Areas ATTACHMENTS: (all current and past materials provided to the Council can be found at http://www.whatcomcountv.us/2417/Cggniy-Councit-Roview A. Staff memo to Council dated 1/12/2017 B. Proposed Amendments to . Article 7 (Habitat Conservation Areas) SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This is another workshop (in a series of many) on the proposed ordinance to amend Whatcom County Critical Areas Ordinance (CAO) (WCC 16.16) pursuant to RCW 36.70A.130(1). The Growth Management Act (RCW 360.70A) defines critical areas as wetlands, frequently flooded areas, fish and wildlife habitat conservation areas (including streams), geologically hazardous areas, and critical aquifer recharge areas. The purpose of this periodic update is to ensure that the CAO meets the GMA requirements, including consistency with the Whatcom County Comprehensive Plan, best available science, and state agency guidance updates. Numerous amendments are being proposed, though most of them pertain to correcting grammar, updating references to other documents or laws, clarifying and updating administrative procedures, etc. The County is also required to integrate the CAO provisions with its Shoreline Master Program (SMP). Whatcom County has done so by adopting the CAO by reference within the SMP (WCC 23.10.060(A)). This reference is also proposed to be amended. 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, 12 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907,TTY 800-833-6384 360-738-2525 Fax Memorandum TO: The Honorable County Council Jack Louws, County Executive FROM: Cliff Strong, Senior Planner THROUGH: Mark Personius, Asst. Director "r�t;� DATE: January 12, 2017 SUBJECT: 2016 Critical Areas Ordinance Update County Council Review, Workshop 3, 24 January 2017 ].E. "Sam" Ryan Director On January 24th the Council will continue its review of the 2016 Critical Areas Ordinance Update. Topics to be covered include: ■ Review of Certain Proposed Amendments to: ■ Article 4 - Frequently Flooded Areas ■ Article 7 - Habitat Conservation Areas To prepare for this meeting, please review Articles 4 and 7 of the draft code and read the Best Available Science Addendum regarding those two sections (in your previous meeting packet materials), in which I point out the more substantive recommended amendments. 13 WWC 16.16 Critical Areas Regulations (P/C adopted version) 6/9/16 ARTICLE 7. HABITAT CONSERVATION AREAS (HCA) 2 16.16.700 Purpose. 3 The purposes of this article are to: 4 A. ;Protect ar(-restore, and Mmaintain native fish and wildlife populations espeGially p"Wations a€ 5 ,.,adFeme fish specie by protecting and conserving v-a4aahle-fish and wildlife habitat and pro; 6 testing the ecological processes, functions and values.iooc133i, and biodiversity that sustain these re- 7 sourceSICAC134f 8 B. Protect marine shorelines, valuable terrestrial habitats, lakes, and -ponds. �cAc�351^ rivers 9 and streams and their associated riparian areas, and the ecosystem processes on which these areas 10 depend. 11 C. Regulate development so that isolated populations of species are not created and habitat degrada- 12 tion and fragmentation are avoided, especially along FipaFiaR czer-Fiders. 13 D. Maintain the natural geographic distribution, connectivity, and quality of fish and wildlife habitat 14 and ensure no net loss of such important habitats,, including cumulative impacts. 15 16.16.710 Habitat conservation areas — Designation, mapping, and classification=;-;:,J ?": 16 Von aFeas. 17 A. Habitat conservation areas are those areas identified as being of critical importance to the mainte- 18 nance of certain fish, wildlife, and/or plant species. These areas are typically identified either by 19 known point locations of specific species (such as a nest or den) or by habitat areas or both. All areas 20 within the County meeting these criteria are hereby designated critical areas and are subject to the 21 provisions of this article (see also Appendix D of this chapter) 22 B. The approximate location and extent of identified fish,ar4d--wildlife, and sensitive plant habitat areas 23 are shown on the County's critical area maps as well as state and federal maps. T However, these 24 maps are to be used as a guide and do not provide a definitive critical area determination ach a - 25 Plicant is responsible for having a p ro ert-s ecific determination madjcAcJ361 p ursuant to Article 2. 26 The County shall update the maps as new fish and wild! ife-habitat conservation areas are identified 27 and/or more comprehensive information on function condition cover type, and resolution is devel- 28 oped. 29 C. laes , Habitat conservation areas shall include all of the following: 30 1. Streams rAc7 . Streams, as defined in Article 9, shall be designated according to the following 31 criteria: 32 a. Shoreline streams are those streams identified and regulated as shorelines of the state as 33 defined by WAC 173-18-410 and designated in the Whatcom County Shoreline Master Pro- 34 gram (WCC Title 23). 35 f b. AtheF Fish -bearing streams that do not meet the definition of shorelines of the state but 36 have current, ihistori6cAcx3s1. JkAewa-or potential use by anadromous or resident fish spe- 37 cies. The technical administrator shall make determinations of known or potential fish use in 38 consultation with federal, state, and tribal biologists and in accordance with best available 39 science. Factors of consideration when de- 40 termining a stream as fish bearing include but are not limited to species life cycle require- 41 ments, habitat suitability, channel gradient, presence or lack of fish passage barriers, 42 stocked fish populations by government or tribal entities. and/or a reasoned evaluation of 43 current, historic, and potential fish use by a qualified professional. 3 Note that ditched channels may or may not meet the definition of a stream. See Article 99,_Definitions. is\planning division\long range planning\cao update\2016 update\planning commission\cao - draft code updates, pc recommendations.docx 64 14 `AIWC 16.16 Critical Areas Regulations (P/C adopted ve 6/9/16 1 c_Non-fish-bearing streams are those streams that have no current, historic, kBown-or poten- 2 tial use by anadromous or resident fish. 3 c.d. Streams do not include ditches as defined in Article 9. 4 Areas t4-in which federally and/9F state listed species are found, have a primary association 5 with or contain suitable habitat for Said listed species, as listed in the US Fish & Wildlife's 6 Threatened & Endangered Species List or Critical Habitat List htt ecos.fws. ov ec as 7 amendedhave a pFimapt assoclation. 8 2-.3.-Areas in which state listed priaritVspecies are found have a primary association with or contain 9 suitable habitat for said listed species, as listed Washington Department of Fish and Wildlife's 10 Priority Habitats and Species list htt wdfw.wa, ov ma ppin hs or 11 htti?:I/wdfw.wa.gov/conservation/phs/list/­Lps amended. 12 3.4.State priority habitats and areas associated with state priority species as listed_ in Washington 13 Department of Fish and Wildlife's Priority Habitats and Species list 14 htt wdfw.wa. ov ma in hs or htt wdfw.wa. ov conservation hs list as amend- 15 ed.. 16 5. Areas in which state listed rare plant species are found or contain suitable habitat for said listed 17 species, as listed in the De artment of Natural Resources' Natu ra I Hie rita a Program 18 (http://wwwldnr.wa.gov/nhpjrefdesk/plants.html), as amended.: cac139 19 4:6. TAc14alShellfish Habitat Con- 20 servation Areas. 217. Kelp and eelgrass beds. 22 6,8.0ocumented and potential Su4 smelt Paeifl� heFFIR . and Pact :e sand l..Re _ spawning areas of 23 forage fish inciuding but not limited to: surf smelt Pacific herring, Pacific sand lance northern 24 anchovy, and long_fi_n_smeltjITAc1411 25 ;L;9 Naturally occurring ponds and lakes or m a n FRa d e enQ;�,d !a kI--ated PF;GF tG kgpie� Ilr 26 27 In -stream ponds shall be regulated based on associated stream e. cAc14z 28 9,10. "I,f,..,,I., ^ ^^ lakes ever- 20 arcFes and ^All other waters defined as Waters of the 29 State, including marine water, and wateFS-planted with game fish by ^ government or tribal , 30 tity. 31 11. Natural Area Preserves, Aquatic Reserves, and Natural Resource Conservation Areas as defined 32 by the Washington Department of Natural Resources. 33 9;1_2.__ ;Portions of the San Juan Islands National Monument within Whatcom Count(including 34 Chuckanut Rock tip of Eliza Island Eliza Island Rocks Lummi Rocks Baker's Reef Carter Point 35 Carter Point Rock and Seal Rock at the North end of Lummi Island and subsequentlysubsgquently designated 36 areas .ITAc1431 37 13. Frecl ue nt[y Flooded Areas that are sub'ect to the Federal Emerge ngMana ement Agency's Na- 38 tional Flood Insurance Program Biological Opinion FEMA BiO J cAc144 39 IG.14. _ ___ ecies and habitats of Local lm ortance4 CAC145 . Locally important species and habi- 40 tats that have recreational, cultural, and/or economic value to citizens of Whatcom County, in- 41 cluding the following: 42 a. _Species. 43 i. The Department of Planning and Development Services is authaFlized toshall maintain a 44 current list of Species of Local Importance as designated by the County Council. As of 2016 45 the list includes: 46 1) Osprey: 47 2)_ Turkey Vulture; 48 3) Nooksack dace; r\punning division\long range planning\cao update\2016 update\planning commisslon\cao - draft code updates, pc recommendations.docx 65 15 WWC 16.16 Critical Areas Regulations (P/C adopted version) 6/9/16 1 1)4)Salish sucker. 2 r 3 T„Fke.. ,ltuei 4 ; 5 0 v. Salkh s ,.-kPr 6 a b. Habitats. 7 ii. The marine nearshore habitat, including coastal lagoons, and the associated vegetated 8 marine riparian zone. These areas support productive eelgrass beds, marine algal turf, and 9 kelp beds that provide habitat for numerous priority fish and wildlife species including, but 10 not limited to, forage fish, seabird and shorebird foraging and nesting sites, and harbor 11 seal pupping and haulout sites. This designation applies to the area from the extreme low 12 tide limit to the ordinary high water mark; provided, that reaches of the marine shoreline 13 that were lawfully developed for commercial and industrial uses prior to the 14 adoption of this chapter may be excluded from this designation, but not otherwise ex- 15 empt from this chapter. See Appendix €-A of this chapter. 16 4: Identified Roosevelt elk . ln;eFjAg and ..- " •"'"I` ;ITAC146] 17 18 Reseumes ICAC1471 19 v.iii. The Chuckanut wildlife corridor, which extends east from Chuckanutbay and adjacent ma- 20 rine waters including Chuckanut Mountain Lookout Mountain the northern portions of 21 Anderson Mountain and : tewart Mountain I[TAC148]continuing along the southern 22 Whatcom County border to Mount Baker Sno ualmie National Forest boundary, Metwi- 23 tain inelludine heekeut IVIOUAtaiA, ReWaFt IVIOURtain, 24 son PAeuntain to Ghu..L.. nut Bay and the add a ept magi .e �[TAC149]..,�d-This area 25 represents the last remaining place in the Puget Trough where the natural land cover of 26 the Cascades continues to the shore of Puget Sound. See A ppe dLX E of-thMS Chapter, 27 is The Department of Planning and Development Services shall maintain a 28 current list and map of Habitats of Local Importance, as designated by the County Council. 29 D. In addition to the species, habitats, and wildlife corridors identified in subsection (C)(1914) of this 30 section, the County may designate additional species, habitats of local importance, and/or wildlife 31 corridors as follows: 32 1. In order to nominate an area, species, or corridor to the category of "locally important," an indi- 33 vidual or organization must: 34 a. Demonstrate a need for special consideration based on: 35 i. Oidentified species of declining population; 36 ii. &Documented species sensitivity to habitat manipulation and cumulative loss; 37 iii. Commercial, recreational, cultural, or, biological, other special value; or 38 iv. Maintenance of connectivity between habitat areas; 39 I b. Propose conceptual relevant management strategies considered effective and within the 40 scope of this chapter; 41 f c. Identify the general effects on property ownership and use; and 42 d. Provide a map showing the species or habitat location(s). 43 2. Submitted proposals shall be reviewed by the County and may be forwarded to the State De- 44 partments of Fish and Wildlife, Natural Resources, and/or other local, state, federal, and/or trib- 45 al agencies or experts for comments and recommendations regarding accuracy of data and ef- 46 fectiveness of proposed management strategies. 47 3_If the proposal is found to be complete, accurate, and consistent with the purposes and intent of 48 this chapter and the various goals and objectives of the Whatcom County comprehensive plan i \planning division\long range panning\cao update\2016 update\plann.ng commission\cao - draft code updates, pc recommendations.docx 66 16 6 Critical Areas Replations (P/C adopted versio 6/9/16 1 and the Growth Management Act, the County Council will hold a public hearing to solicit com- 2 ment. Approved nominations will become designated locally important habitats, species, or cor- 3 ridors and will be subject to the provisions of this chapter. 4 3-A.-The Council may removespecies, habitats or corridors from this list if it can be shown that there 5 is no longer a need to provide protection above and beyond that afforded by WDFW mans e- 6 ment strategies. Species and habitats of local -importance that are not regulated elsewhere in 7 this cha pter may be removed if sufficient evidence has been provided by cl uaIified P rofessionaIs 8 that de rn o nstrates that the species no longer meets any provisions of 16.16.710f D)(1)(a)." 9 rP/C150] 10 16.16.720 Habitat conservation areas — General standards. 11 The following activities may be permitted in habitat conservation areas and/or their buffers when, pur- 12 suant to Article 2. all reasonable measures have been taken to avoid adverse effects on species and hab- 13 arty Apil_.:_.. hinge on Dep,artrni-nr oi- 1 h and dlife m a - me(Q ci?f'omMi,i: ation 14 :-Plsr-�, L['_,PS�.5.;compensatory mitigation is provided for all adverse impacts that cannot be avoid- 15 ed, and the amount and degree of the alteration are limited to the minimum needed to accomplish the 16 project purpose; provided, that locally important species and habitats shall be subject to WCC 17 16.16.730: 18 A. Developments that meet the reasonable use and variance standards set forth in WCC 16.16.270. 19 B. Relocation of streams, or portions of streams, when there is no other feasible alternative and when 20 the relocation will result in equal or better habitat and water quality and quantity, and will not di- 21 minish the flow capacity of the stream or other natural stream processes; provided, that the reloca- 22 tion meets state hydraulic project approval requirements and that relocation of shoreline streams 23 shall be prohibited unless the relocation has been identified formally by the Washington State De- 24 partment of Fish and Wildlife as essential for fish and wildlife habitat enhancement or identified in 25 watershed planning documents prepared and adopted pursuant to Chapter 90.82 RCW, the WRIA 1 26 Salmonid Recovery Plan or the WRIA 1 Salmon Recovery Board Habitat Project List or County shore- 27 line restoration plan. 28 C. Stream Read, +.^ill; bridge, and right-ef-waycrossings, provided they meet all the following criteria: 29 1. There is no other feasible alternative route with less impact on critical areas. 30 2. The crossing minimizes interruption of natural processes such as channel migration, the down- 31 stream movement of wood and gravel, and the movement of all fish and wildlife. Bridges are 32 preferred for all stream crossings and should be designed to maintain the existing stream sub- 33 strate and gradient, span the bankfull width, or be proven to not have an appreciable increase in 34 backwater elevation at t-hea minimum of a 100- ear event and 35 provide adequate vertical clearance 36 for debris rikelly to be encountered at high wate ra beve the 0 Fdi na Fy high wateF M arl I[CAC1521 37 3. Culverts shall be designed according to applicable state and federal guidance criteria for fish 38 passage as identified in Water Crossing Design Guidelines, WDFW 2013IcAcis3]._as ampncl: Fah 39 Passage Deli lyeFts, WDFW, Vla.Gh !999, and/or the National Marine Fisheries Ser- 40 vice Guidelines for Salmonid Passage at Stream Crossings, 2000, (and subsequent revisions) and 41 in accordance with a state hydraulic project approval. The applicant or property owner shall 42 maintain fish passage through the bridge or culvert. 43 4. The County may require that existing culverts be removed -replaced, or fish passage barrier sta: 44 tus.corrected as a condition of approval if the culvert is detrimental to fish passage or water 45 quality, and a feasible alternative exist 46 . Roadway 47 widths at culvert crossings shall be limited to the minimum width necessary to accommodate is\planning division\long range planning\cao update\2016 update\planning commission\cao - draft code updates, pc recommendations.docx 67 17 WWC 16.16 Critical Areas Regulations (P/C adopted version) 6/9/16 1 the roadway's classification. Culvert length shall be the minimum that is compatible with the 2 roadway widthim-n-5t 3 5:6.CShared common crossings are the preferred approach where multiple properties can be ac- 4 cessed by one crossing. 5 I b:D.Access to private development sites maybe permitted to cross habitat conservation areas if there 6 are no feasible alternative alignments. Alternative access shall be pursued to the maximum extent 7 feasible, including through the provisions of Chapter 8.24 RCW. Exceptions or deviations from tech- 8 nical standards may be considered by the Technical Administrator on a case -by -case basis where the 9 resulting outcome reduces overall impacts to any identified Critical Area, 10 SiORS, and specifle constmetiaiq staicidaWs to mandmize impaets may be speeif4ed,iipeluding 11 ment an elevated Wurct....es as aR alte Mati.,e W fill if feasible. 12 D:£.Construction of a structure, oilier rhan a bullch [NRs1561that is associated with an agricultural use 13 in P.A! i ' ;.,.`r... ; or the reconstruction, remodeling, or 14 maintenance of such structures in a habitat conservation area buffer, subject to all of the following 15 I criteria: 16 1. The structure is located within an existing lot of record and is an e-,,ci-,rir�-gq oing_agricultural 17 use. 18 2. There is no other feasible location with less impact to critical areas. 19 3. Clearing and grading activity and impervious surfaces are limited to the minimum necessary to 20 accommodate the proposed structure and, where possible, surfaces shall be made of pervious 21 materials. 22 4. Unavoidable adverse effects on critical areas are mitigated in accordance with this chapter. 23 €:F. Stormwater management facilities limited to detention/retention/treatment ponds, media filtra- 24 �tion, lagoons and infiltration basins may be permitted in a stream buffer, subject to all of the follow- 25 ing standards: 26 I 1. The facility is located in the outer 50% percent of the standard stream buffer and does not dis- 27 place or impact a forested riparian community; 28 2. There is no other feasible location for the stormwater facility and the facility is located, con- 29 strutted, and maintained in a manner that minimizes adverse effects on the buffer and adjacent 30 critical areas; 31 3. The stormwater facility meets applicable County or state stormwater management standards 32 and the discharge water meets state water quality standards; and 33 4. Low impact development approaches have been considered and implemented to the maximum 34 extent feasible. 35 I ,-G.Stormwater conveyance or discharge facilities such as dispersion trenches, level spreaders, and out- 36 falls may be permitted in a habitat conservation area buffer on a case -by -case basis when the tech- 37 nical administrator determines that all of the following are met: 38 1. Due to topographic or other physical constraints, there are no feasible locations for these facili- 39 ties outside the buffer; 40 2. The discharge is located as far from the ordinary high water mark as possible and in a manner 41 I that minimizes disturbance of soils and vegetation, except on shoreline sJopes where location 42 ! shah be determined by .site characteristics to minimize adverse impacts; 43 3. The discharge outlet is designed to prevent erosion and promote infiltration; and 44 4. The discharge meets freshwater and marine state water quality standards, including the need to 45 evaluate cumulative impacts to 303 d impaired waterbodies and TAC1SB total maximum daily 46 load (TMDQ standards as appropriate at the point of discharge. Standards should include filtra- 47 tion through mechanical or biological means, vegetation retention, timely reseeding of dis- is\planning division\long range planning\cao update\2016 update\planning commission\cao - draft code updates, pc recommendations.docx 68 WWC 16.16 Critic�,I Areas Regulations (P/C adopted version) 6/9/16 1 turbed areas, use of grass -lined bioswales for drainage, and other mechanisms as appropriate 2 within approved stormwater "special districts." 3 5. The discharge outlet is designed to exclude fish from entering or migrating into stormwater con- 4 vevance systems. [cacxssi 5 EJ-i. Clearing and grading, when allowed as part of an authorized activity or as otherwise allowed in 6 these standards, may be permitted; provided, that the following shall apply: 7 1. Grading is allowed only during the designated dry season, which is typically regarded as May to 8 October of each year; provided, that the County may extend or shorten the designated dry sea- 9 son on a case -by -case basis, based on actual weather conditions.; Special scrutivy shall _be_giyen 10 to Lakes Samish, Padden, and Whatcom watersheds, and Water Resource Special Management 11 Areas as described in WCC 20.80.735 .kacz6a) 12 2. Appropriate erosion and sediment control measures shall be used at all times, consistent with 13 Best Management Practices in the Department of Ecology's Stormwater iVian . Manual 14 for Wester Washil .,ton. The soil duff layer shall remain undisturbed to the maximum extent 15 possible. Where feasible, disturbed topsoil shall be salvaged andZor redistributed to other areas 16 of the site. Areas shall be revegetated as needed to stabilize the site. 17 ! 3. The moisture -holding and infiltration capacity of the topsoil layer shall be maintained by mini- 18 mizing soil compaction or reestablishing natural soil structure and infiltrative capacity on all are- 19 as of the project area not covered by impervious surfaces. 20 I H.-I. Stream bank stabilization and shoreline protection maybe permitted subject to all of the following 21 standards: 22 1. The stabilization or protection measures shall be designed in accordance with the Washington 23 Department of Fish and Wildlife's most recent Integrated Streambank Protection Guidelines. 24 2. Natural shoreline processes will be maintained to the maximum extent practicable. 25 -1-.3.The activity will not result in increased erosion and will not alter the size or distribution of shore- 26 line or stream substrate, or eliminate or reduce sediment supply from feeder bluffs. 27 2:4.Stream and shoreline protection and launching ramps on shorelines of the state shall comply 28 with WCC Title 23 and with state hydraulic project approval requirements. 29 -3-.5. No a&erse impactnet loss to critical fish or wildlife habitat areas or associated wetlands will oc- 30 cur. 31 4.6..No net loss al*; of juvenile fish migration corridors will occur. 32 5-:7. No net loss of intertidal or riparian habitat function will occur. 33 678. Nonstructural measures, such as placing or relocating the development further from the shore- 34 line, planting vegetation, or installing on -site drainage improvements, are not practicable or not 35 sufficient. 36 7-.9.Stabilization is achieved through bioengineering or soft armoring techniques in accordance with 37 an applicable Hydraulic Permit Approval issued by the Washington State Department of Fish and 38 Wildlife. 39 I SIC, __Hard bank armoring is discouraged and may occur only when the property contains an 40 existing permanent structure(s) that is in danger from shoreline erosion caused by wave action 41 or riverine processes and not erosion caused by upland conditions, such as the alteration of nat- 42 ural vegetation or drainage, and the armoring shall not increase erosion on adjacent properties 43 and shall not eliminate or reduce sediment supply. An objective alternatives analysis, addressing 44 up- and downstream impacts, shall be conducted to demonstrate that there is no other less en- 45 vironmentally damaging alternatives to the more impacting proposed action. 46 9.i1. - Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific 47 or geotechnical analysis, is not a demonstration of need. is\planning division\long range planning\cao update\2016 update\planning commission\cao - draft code updates, pc recommendations.docx 69 19 WWC 16.16 Critical Areas Regulations (P/C adopted version) 6/9/16 1 ' 10:12. The bank stabilization or shore protection will not adversely affect habitat conservation 2 areas or mitigation will be provided to compensate for adverse effects where avoidance is not 3 feasible. 4 1J. Construction of trails and roadways less than or equal to 3nfeet _wide may be permitted in a habitat 5 conservation area buffer when not directIv related to a crossing and are subject to all of the follow- 6 ing standards: 7 1. There is no other feasible alternative route with less impact on the critical area. 8 2. The road or trail minimizes erosion and sedimentation, hydrologic alteration, and disruption of 9 natural processes such as channel migration, wood recruitment and natural wildlife movement 10 patterns. 11 33. The road or trails through n-riparian (stream) buffers shall be located in the outerL25%A 12 [TAc1611perGent of the standard buffer except for limited viewiRg platfe s a.,.� ^rr�rcFnerc._ci�nn 13 not a ed 12 Feet in idt1, „4-s4a4l be made of peNiaus teFi,l ...4..-Fe f@a—Sibl^ 14 3:4. Private trails shall not exceed 45 feet in width and public trails shall not exceed 10 feet in width 15 and shall be made of pervious material or on an elevated structure where feasible. Trails ma 16 include limited viewing platforms that shall not exceed 12 feet in width and shall be made of 17 pervious materials where feasible. 18 4.5.The road or trail is constructed and maintained in a manner that minimizes disturbance of the 19 buffer and associated critical areas. 20 J:K. New utility lines and facilities may be permitted when all of the following criteria are met: 21 1. Impacts to fish and wildlife habitat and corridors shall be avoided to the maximum extent 22 possible. 23 2. Where feasible, installation shall be accomplished by boring beneath the scour depth of the 24 stream or water body and the width of the channel migration zone where present. 25 3. Trenching of utilities across a stream channel shall be conducted as The utilities shall ^r^rc 26 streams at an angle greater_ than_60 degrees to the eeAterllne of the chaigne! of perpendicular to 27 the channel centerline as possible whenever boring under the channel is not feasible. Utilities 28 shall be installed below potential scour depth regardless of method. 29 4. Crossings shall be contained within the footprint of an existing road or utility crossing where 30 possible. 31 5. The utility installation shall not increase or decrease the natural rate, extent, or opportunity of 32 channel migration. 33 ILL. New public flood protection measures and expansion of existing ones maybe permitted, subject to 34 �WCC Title 1, Article 4 of this chapter and a state hydraulic project approval; provided, that bioengi- 35 neering or soft armoring techniques shall be used where feasible. Hard bank armoring may occur 36 only in situations where soft approaches do not provide adequate protection. 37 I LJNl. In -stream structures such as, but not limited to, high -flow bypasses, dams, and weirs, shall be 38 allowed only as part of a watershed restoration project as defined pursuant to WCC 23.110.230(10) 39 or identified in watershed planning documents prepared and adopted under Chapter 90.82 RCW, 40 the salmonid recovery plan or Salmon Recovery Board Habitat Project List, and the County's shore- 41 line restoration plan and upon acquisition of any required state or federal permits. The structure 42 shall be designed to avoid adverse effects on stream flow, water quality, or other habitat functions 43 and values. 44 I MN.__ Construction, reconstruction, repair and maintenance of docks and public ur-p-Ovate 45 [cac162]launching ramps may be permitted subject to the following: 46 1. The dock or ramp is located and oriented and constructed in a manner that minimizes adverse 47 effects on navigation; wave action, water quality, movement of aquatic and terrestrial life; eco- is\planning division\long range planning\cao update\2016 update\planning commission\cao - draft code updates, pc recommendations.docx 70 20 WWC 16.16 Critical Areas Regulations (1311 opted version) 6/9/16 2 4 0 10 11 12 M.O 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 logical processes; eelgrass beds, shellfish beds, spawning habitat, a4ld-wetiands, or other critical areas. 2. Docks or ramps on shorelines of the state shall comply with WCC Title 23 and state hydraulic project approval requirements. 3. Natural shoreline processes will be maintained to the maximum extent practicable. The activity will not result in increased erosion and will not alter the size or distribution of shoreline or stream substrate, or eliminate or reduce sediment supply from feeder bluffs. 4. No net loss aelverse impact -to critical fish or wildlife habitat areas or associated wetlands will oc- cur. 5. No net loss a*n of juvenile fish migration corridors will occur. 6. No net loss of intertidal or riparian habitat function will occur. . —On-site sewage disposal systems (OSS) may be permitted in the outer 50% of HCA buffers when accessory to an approved residential structure for which there are no alternatives and when it is not feasible to connect to a public sanitary sewer system and when operated and maintained in accord- ance with WCC 24.D5.170; provided, that there are n❑ adverse effects on water quality and slope stability are aveided. P. [Domestic wells servin single-farnilV developments(including cats short plats, and individual sin le- famil residences and necessary appurtenances, including a pump and appropriately sized pump horse but not including a storage tank, in HCA buffers when all of the following conditions are met: 1. There is no viable alternative to the well site outside of the buffer and the well is located as far back from the wetland edge as is feasible; 2. Any impacts to the HCA buffer from staging equipment and the well -drilling process are mitig - ed P ci63 0-.Q. Single-family developments may be permitted to encroach into stream buffers subject to the technical administrator's approval; provided, that all of the criteria in WCC 16.16.270(A) are met. izR.All other developments may be allowed in shellfish protection districts outside of actual shellfish habitats Fe -with a valid development permit and when the requirements of subsection N-O of this section are met. Q:SP_-4lteration or removal of beaver -built structures more than two years old; provided, that:l[cEs1641 1. The property owner can show that the beaver dam is harming or likely to harm his or her prop- erty. L2.It has been demonstrated that Ilbeaver deceivers or auto leveler devices have 4 eeR deFFI R &V4tedl-te-cannot appropriately resolve ponding/backwatering that is negatively affecting adia- cent land or property JTAC1651: 'he , plie n., t ari eRstFat„s that Fi nGleStFUetiye FR Ch asthe use Of "b@aVee GlKeiVer3aFe set feasible. 2-3. Impacts to wetland, river or stream functions are minimized and mitigation is provided to com- pensate for lost ecological value. 3.4_.The property owner obtains an HPA from WDFW prior to initiating alteration or removal of the beaver -built structure. 5_The property owner provides a copy of the HPA to the technical administrator. RJ..On Eliza Island, WCC 20.35.653 (Bald eagle management plan) -shall also apply. 42 16.16.730 ,;::'..:==:[: Locally important habitats and species — Standards. 43 Alterations that occur within a locally important habitat area or that may affect a locally important spe- 44 cies as defined herein shall be subject to review on a case -by -case basis. The technical administrator 45 shall have the authority to require an assessment of the effects of the alteration on species or habitats 46 and may require mitigation to ensure that unmitigated adverse effects do not occur. This standard is 47 intended to allow for flexibility and responsiveness with regard to locally important species and habitats. is\planning division\long range planning\cao update\2016 update\planning commission\cao - draft code updates, pc recommendations.docx 71 21 WWC 16.16 Critical Areas Regulations (P/C adopted version) 6/9/16 1 1 16.16.740 Standards --Habitat conservation area buffers —Standards. 2 In addition to the acolicable general protective measures found in WWC 16.16.265 and 3 16.16.720[ooc166), Tthe technical administrator shall have the authority to require buffers from the edg- 4 es of all habitat conservation areas (in addition to the building setback required by 16.16.265(0) in ac- 5 cordance with the following: 6 1) Buffers shall be established for activities adjacent to habitat conservation areas as necessary to pro- 7 f tect the integrity, functions and values of the resource. Buffer widths shall reflect the sensitivity of 8 the species or habitat present and the type and intensity of the proposed adjacent human use or ac- 9 tivity. Buffers shall not include areas that are functionally and effectively disconnected from the hab- 10 I itat area by an existing, legally established road or other substantial developed surface. 11 2)Stream Buffers. 12 1. The standard buffer widths required by this article are considered to be the minimum required 13 and presume the existence of a dense vegetation community in the buffer zone adequate to 14 protect the stream functions and values at the time of the proposed activity. When a buffer 15 lacks adequate vegetation to protect critical area functions, the technical administrator may in- 16 crease the standard buffer, require buffer planting or enhancement, and/or deny a proposal for 17 buffer reduction or buffer averaging. 18 I 2_The standard buffer shall be measured landward horizontally on both sides of the stream from 19 the ordinary high water mark as identified in the field; provided, that for streams with identified 20 channel migration zones, the buffer shall extend outward horizontally from the outer edge of 21 the channel migration zone on both sides. The required buffer shall be extended to include any 22 I abutting, adjacen-t-regulated wetland(s), landslide hazard areas and/or erosion hazard areas and 23 required buffers, but shall not be extended across roads or other lawfully established structures 24 or hardened surfaces. 25 3_The following standard buffer width requirements are established:'; .,.hided, that PeFtiq% yr 26 27 28 [TAC167] 29 4i. Shoreline streams: 150 feet; 30 2-. ii_Fish-bearing streams: 100 feet; 31 -3-. iii. Non -fish -bearing streams: 50 feet. 32 4. 'Portions of streams that flow underground may be exempt from these buffer standards at the 33 technical administrator's discretion when it can be demonstrated that no adverse effects on 34 aquatic species will occur.[CES168] 35 2-)3)Buffers for Other Habitat Conservation Areas. The technical administrator shall determine appropri- 36 ate buffer widths for other habitat conservation areas based on the best available information. 37 i Buffer widths for non -stream habitat conservation areas shall be as fn"mimridentified in Table 4: is\planning division\long range planning\cao update\2016 update\planning commission\cao - draft code updates, pc recommendations.docx 72 22 WWC 16.16 Critical Areas Regulations (P/C adopted 6/9/16 1 I Table 4. Buffer Requirements for HCAs Habitat Conservation Area Buffer Requirement Areas with which federally listed Minimum Bhuffers shall be based on recommendations provided by the Washington State species have a primary associa- Department of Fish and Wildlife PHS Program; provided, that local and site -specific factors tion shall be taken into consideration and the buffer width based on the best available information concerning the species/habitat(s) in question and/or the opinions and recommendations of a State priority habitats and areas with which Priority Species have qualified professional with appropriate expertise. i.1:::::.:.::. ..:I.; ,....,,.: _So a primary association eli nl _tiding setback (WCC 1 fi.15 ' s Commercial and recreational Buffers shall extend 150 feet landward from ordinary high water mark of the marine shore. shellfish areas Buffers shall not be required adjacent to shellfish protection districts, but only in nearshore areas where shellfish reside. Kelp and eelgrass beds Buffers shall extend 150 feet landward from ordinary high water mark of the marine shore - Surf smelt, Pacific herring, and Buffers shall extend 150 feet landward from ordinary high water mark of the marine shore - Pacific sand lance spawning areas Natural ponds and lakes Ponds under 20 acres — buffers shall extend 50 feet from the ordinary high water mark.; ILakes 20 acres and larger which are subject to Title 23) buffers shall extend 100 feet from the ordinary high water mark; provided, that where vegetated wetlands are associated with the shoreline, the buffer shall be based on the wetland buffer requirements in WCC 16,16.630. Natural area preserves and Buffers shall not be required adjacent to these areas. These areas are assumed to encompass natural resource conservation the land required for species preservation. areas Locally important habitat areas The buffer for marine nearshore habitats shall extend landward 150 feet from the ordinary high water mark. The need for and dimensions of buffers for other locally important species or habitats shall be determined on a case -by -case basis, according to the needs of the specific species or habitat area of concern. Buffers shall not be required adjacent to the Chuckanut wildlife corridor. The technical administrator shall coordinate with the Washington State Department of Fish and Wildlife and other state, federal or tribal experts in these instances, and may use WDFW PHS management recommendations when available. 2 3 3)4)The technical administrator shall have the authority to reduce buffer widths on a case -by -case basis; 4 provided, that the general standards for alternatives analysis and mitigation sequencing ice 5 and miniR+4at efi per WCC 16.16.260 have been applied(n)r1►(a) and chi shall apply, and when the 6 applicant demonstrates to the satisfaction of the technical administrator that all of the following cri- 7 teria are met: 8 1. The buffer reduction shall not adversely affect the habitat functions and values of the adjacent 9 10 11 12 13 14 15 habitat conservation area or other critical area. 2. The buffer shall not be reduced to less than 75% peFGent of the standard buffer specified in Ta- ble 3, aboveas defiFied : subsection C of this rZtJOR. 3_The slopes adjacent to the habitat conservation area within the buffer area are stable and the gradient does not exceed 30% P@FGe Asee Article 3). 4. The area that has been reduced shall be mitigated at least at a ratio of 1:1. on an area ba- s]SJCEsi701 is\planning division\long range planning\cao update\2016 update\planning commission\cao - draft code updates, pc recommendations.docx 73 23 WWC 16.16 Critical Areas Regulations (P/C adopted version) 6/9/16 1 I 4)5)The technical administrator shall have the authority to average buffer widths on a case -by -case ba- 2 sis; provided, that the general standards for avoidance and minimization per WCC 16.16.260(A)(1)(a) 3 and (b) shall apply, and when the applicant demonstrates to the satisfaction of the technical admin- 4 istrator that all of the following criteria are met: 5 1. The total area contained in the buffer area after averaging is no less than that which would be 6 contained within the standard buffer and all increases in buffer dimension are parallel to the 7 habitat conservation area. 8 2. The buffer averaging does not reduce the functions or values of the habitat conservation area or 9 riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases 10 the habitat function. 11 3. The buffer averaging is necessary due to site constraints caused by existing physical characteris- 12 tics such as slope, soils, or vegetation. 13 4. The buffer width is not reduced to less than 75% percent ofthe standard width specified in Ta- 14 ble 3, abovea&4efir ed in v0se4km ►- of this 4;;u rn 15 5. The slopes adjacent to the habitat conservation area within the buffer area are stable and the 16 gradient does not exceed 30%-percen-t. 17 6. Buffer averaging shall not be allowed if habitat conservation area buffers are reduced pursuant 18 to subsection D of this section. 19 7. Where a buffer has been reduced, the Technical Administrator,ria require enhancement to the 20 remaining buffer to ensure no net loss of w_ function ! _[cesi7ii 21 5;61The technical administrator shall have the authority to increase the width of a habitat conservation 22 area buffer on a case -by -case basis when there is clear evidence that such increase is necessary to 23 achieve any of the following: 24 1. Comply with the requirements of a habitat management plan prepared pursuant to WCC 25 16.16.750. 26 2. Protect fish and wildlife habitat, maintain water quality, ensure adequate flow conveyance, pro- 27 vide adequate recruitment for large woody debris, maintain adequate stream temperatures, or 28 maintain in -stream conditions. 29 3. Compensate for degraded vegetation communities,Ctegn Water A_l: 303(d) impaired water bod= 30 ies, or steep slopes adjacent to the habitat conservation area. 31 4. Maintain areas for channel migration and/or frequently flooded areas. 32 5. Protect adjacent or downstream areas from erosion, landslides, or other hazards. 33 6. Protect streams from high intensity adjacent land uses. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 16.16.750 Habitat conservation areas — Review and reporting requirements. —When County critical area maps or other sources of credible information indicate that a site pro- posed for development or alteration is more likely than not to contain habitat conservation areas or buffers, or could adversely affect a habitat area or buffer, the technical administrator shall require a site evaluation (field investigation) by a qualified professional or other measures to determine whether or not the species or habitat is present. If no habitat conservation areas are present, then review will be considered complete. If the site evaluation determines that the species or habitat is present, the technical administrator shall require a critical areas assessment report or habitat man- agement plan (HMP) , that ,,Frio-. of shellfish 6 F. at;9n areas. A. dete rm iner, that the proje et is a single �@ FR PV 19 u ild J ne OeFffl it developm ent that 1nVG Ives leSS th@ A ha if aere of dear-! ng -. W/o F.,egetatio , FeF. oval and will not diFeetly diSt ..Fh the crime....-..._ spe _ i;\planning dlvlslon\long range planning\cao update\2016 update\planning commission\cao -draft code updates, pc recommendations.docx 74 24 WWC 16.16 Critical Areas Regulations (P/C adopted version) 6/9/16 1 GiflG aFeas or habitat features that eompFise the habitat rrenseWation area (nest tFees, IbFeediR 2 sites, e.tr) as indicated 1—, a site plan ep sealed dF of the. ed de e!O R [TAC172I. 3 B. In addition to the reporting requirements of WCC 16.16.255 Tthe Habitat Conservation Area as- 4 sessment report/HMP shall describe the characteristics of the subject property and adjacent areas, 5 including condition, cluality, function and values of the Habitat Conservation Area at a scale appro- 6 priate to the function being evaluated see WAC 365-196-830 6 . The assessment shall include de- 7 termination of appropriate buffers as set forth in WCC 16.16.740. The assessment shall also include 8 field identification and/or delineation of habitat areas, analysis of historical aerial photos, review of 9 public records, and interviews with adjacent property owners as necessary to determine potential 10 effects of the development action on critical areas. Assessment reports shall include the following 11 site- and proposal -related information unless the technical administrator determines that any por- 12 tion of these requirements is unnecessary given the scope and/or scale of the proposed develop- 13 ment: 14 i 1. A map drawn to con'i!riu: - scale or survey showing the following information: 15 a. Topographic, hydrologic, and vegetative features. 16 b. The location and description of wildlife and habitat features, and all critical areas on or ith- 17 in 200 feet of the siteabuttiAg the "'t^IcAc1731, or farther given the scale appropriate to the 18 function_ being.eyaluated. 19 c. Proposed development activity. 20 d_Existing physical features of the site including buildings, fences, and other structures, roads, 21 parking lots, utilities, water bodies, etc. 22 d:e. Surro und ing land uses and xonin to ensure a pprop riate buffer 23 2. An analysis including an analysis of cumulative impacts, of how the proposed development ac- 24 tivities will affect the fish and wildlife habitat conservation area and/or buffer, including the ar- 25 f ea of direct disturbance; effects of stormwater management; effects on any 303(d) impaired 26 J waterbodies;_proposed alteration to surface or subsurface hydrology; natural drainage or infil- 27 tration patterns; clearing and grading impact; temporary construction impacts; effects of in- 28 creased intensity of use includ0n,-,_noise, light,er--human intrusion etc. . 29 3. Provisions to reduce or eliminate adverse impacts of the proposed development activities on 30 the functions and values of the Habitat Conservation Area including, but not limited to: 31 a_Bufferingl 32 a.k.,iF�d-Celustering of development; 33 b.c. Retention of native vegetation; 34 mod. Access limitations; 35 d:e. Seasonal restrictions on construction activities in accordance with the guidelines developed 36 by the Washington State Department of Fish and Wildlife, the U.S. Army Corps of Engineers, 37 the salmonid recovery plan and/or other agency or tribe with expertise and jurisdiction over 38 the subject species/habitat; and 39 e-;f. Other appropriate and proven low impact development techniques. 40 4. Management recommendations developed by WDFW through its PHS program. 41 5. 42 Additional in- 43 formation including, but not limited to, direct observations of species use or detailed physical 44 and biological characteristics surface and SUBS .Ffarze hydrologic eatu both on and adjacent 45 to the site off -site at an appropriate scale see WAC 365-196-830 6 . The assessment of off -site 46 conditions shall be based on available information and shall not require accessing off -site prop- 47 erties. is\planning division\long range planning\cao update\2016 update\planning commission\cao - draft code updates, pc recommendations.docx 75 25 WWC 16.16 Critical Areas Regulations (P/C adopted version) 1 -5-.6. Bald eagle habitats shall be protected pursuant to the Washington State Bald Eagle Protection 2 Rules (WAC 232-12-292), the provisions of which require a'site Eeeperative habitat management 3 plan #abe developed in coordination between the WDFW and landowner whenever projects are 4 proposed on land that involves land containing or adlace nt to an eagle nest or communal roost 5 site . The County shall 6 issue development permits only after certification from the WDFW that the development is in 7 compliance with an approved habitat management plan. (See WAC 232-12-292 for specific de= 8 I tailSjiFAtIMI 9 C. All habitat management plans shall be prepared in consultation with the State Department of Fish 10 and Wildlife and/or other federal, state, local or tribal resource agencies with jurisdiction and exper- 11 tise in the subject species/habitat. 12 D. At the request of the applicant, the County may gather the required information in this section for 13 applicants seeking to develop a single-family home; provided, that: 14 1. Availability of County staff shall be at the discretion of the technical administrator and subject to 15 workload and scheduling constraints. 16 2. Fees for County staff services shall be in accordance with the unified fee schedule. 17 16.16.760 Habitat conservation areas — Mitigation standard - for. habitat. conservatis�-a�a�. 18 Activities that adversely affect habitat conservation areas and/or their buffers as determined by the 19 technical administrator shall include mitigation sufficient to achieve no net loss of habitat functions and 20 values in accordance with WCC 16.16.260 and this section. 21 A. In determining the extent and type of mitigation required, the technical administrator may consider 22 all of the following: 23 1. The ecological processes that affect and influence critical area structure and function within the 24 watershed or sub -basin; 25 2. The individual and cumulative effects of the action upon the functions of the critical area and 26 associated watershed; 27 3. Observed or predicted trends regarding the gains or losses of specific habitats or species in the 28 watershed, in light of natural and human processes; 29 4. The likely success of the proposed mitigation measures; 30 5. Effects of the mitigation actions on neighboring properties; and 31 6. Opportunities to implement restoration actions formally identified by an adopted shoreline res- 32 toration plan, watershed planning document prepared and adopted pursuant to Chapter 90.82 33 RCW, a salmonid recovery plan or project that has been identified on the Salmon Recovery 34 Board Habitat Project List or by the Washington State Department of Fish and Wildlife as essen- 35 tial for fish and wildlife habitat enhancement. 36 B. The following additional mitigation standards shall apply: 37 1. Compensatory mitigation for alterations to habitat areas shall achieve equivalent or greater bio- 38 logic functions, and shall provide similar functions to those that are lost or altered. 39 2. Compensatory mitigation in the form of habitat restoration or enhancement is required when a 40 habitat is altered permanently as a result of an approved project. Alterations shall not result in 41 net loss of habitat. 42 3. Where feasible, mitigation projects shall be completed prior to activities that will disturb habitat 43 conservation areas. In all other cases, mitigation shall be completed as quickly as possible fol- 44 lowing disturbance and prior to use or occupancy of the activity or development. Construction 45 of mitigation projects shall be timed to reduce impacts to existing fish, wildlife and flora; provid- 46 ed, that the technical administrator may adjust the timing requirements to allow grading, plant- 47 ing, and other activities to occur during the appropriate season(s). is\planning division\long range planning\cao update\2016 update\planning commission\cao - draft code updates, pc recommendations.docx 76 26 6/9/16 1 4. Compensatory mitigation shall be provided on -site whenever feasible. e�eQff-site mitigation in 2 the -a location that will provide #tea greaterst ecological benefit to the species and/or habitats 3 affected and have tl e-a greaterst likelihood of success may be accepted at the discretion of the 4 Technical Administrator. Mitigation shall occur as close to the impact site as possibleg within 5 same sub basin, aAd 0 a similar habitat type as the peFrnitted alter-ation URless the applicant 7 sea p e base d - - a ;hat Fn itigatie n with i n a n a !ter -native sw b bas; - --' tbe same wate Fshed 8 + o44-As mitigation is moved further away from the impacted habitat the Technical Administra- 9 for may increase the amount of mitigation re uired. If offsite mitigation is proposed, the a li- 10 cant must demonstrate throw h an alternatives mitigation sequencing analysis (WWC 11 16.16.260 that the mitigation will have greater ecological benefit.11cnc1751 12 5. All mitigation sites shall have buffers consistent with the buffer requirements established in 13 16.16.740of this Ehapt^-; provided, that the technical administrator shall have the authority to 14 approve a smaller buffer when existing site constraints (such as a road) prohibit attainment of 15 the standard buffer. Mitigation actions shall not create buffer encumbrances on adjoining prop- 16 erties. 17 6. The technical administrator shall have -.uthorit y-+., require annual monitoring of mitigation ac- 18 tivities and submittal of annual monitoring reports in accordance with WCC 16.16.260(C) to en- 19 sure and document that the goals and objectives of the mitigation are met. The frequency and 20 duration of the monitoring shall be based on the specific needs of the project as determined by 21 the technical administrator. 22 23 24 25 26 27 28 29 30 31 32 33 34 All Mitigation aFeas shall be pmteeted and managed to prevent degradation and eR&WFe Pr-Otee 4 through deed nestFiEti@R er other ai� Juan an£�n.�rrnrrinnrn ,..�+e, ►n�rr^ is 1riCE5176] 7_Mitigation projects involving in -stream work including, but not limited to, installation of large woody debris shall be designed to ensure there are no adverse hydraulic effects on upstream or downstream properties. The County River and Flood Division shall review any such mitigation projects for compliance with this provision. S. On a case -by -case basis, the Technical Ad mini to require m a iHabitat Conservation Area [ETAC177lat the followine ratios: —Where the mitigation is o laced after the impact occurs at a i. 1.25: t ratio area or function), and, i:ii. Where the mitigation is in ndarp and fiinrtinnal hafora the imnartc nrriir (i in irivanrari mit- ation at a _1_.1 ratio [area or function]. is\planning division\long range planning\cao update\2016 update\planning commission\cao - draft code updates, pc recommendations.docx 77 27 PROPOSED FINDINGS OF FACT (AS ADOPTED BY THE PLANNING COMMISSION) Whatcom County Critical Areas Ordinance Update 2016 Proposed Findings of Fact (as adopted by the Planning Commission) WHEREAS, the adopted Whatcom County Comprehensive Plan supports the protection of environmentally critical areas through the adoption of development regulations; and WHEREAS, the State Growth Management Act (GMA) includes adopted goals and requirements to guide the development and adoption of comprehensive plans and development regulations including requirements to designate and protect environmentally critical areas; and WHEREAS; the County has considered those adopted goals, policies, and requirements in development of the proposed Whatcom County Code Amendments related to critical areas, and, has considered other state requirements, law, rules, guidelines, and agency comments; and WHEREAS, the County researched and assessed the experience of other jurisdictions in regard to standards and requirements for regulating critical areas, undertook a Best Available Science (BAS) review and public process in accordance with the requirements of the GMA, developed Whatcom County Code amendment drafts, prepared environmental documents in accordance with the requirements of the State Environmental Policy Act (SEPA), and held meetings and hearings throughout the code development process; and WHEREAS, the County has been provided feedback on draft work products and guidance from members of the public, County staff, the Washington State Department of Fish and Wildlife, the Washington State Department of Ecology, the Washington State Department of Commerce, the Lummi Nation, the Nooksack Indian Tribe, other stakeholders and experts, the Whatcom Planning Commission, and elected and appointed officials during the development of the recommended code amendments; and WHEREAS, in developing this ordinance, the County has followed the GMA's requirements, including to provide "early and continuous public involvement" through a variety of mechanisms described in the public record; and WHEREAS, the County has followed the State guidelines for the BAS process required by RCW 36.70A.172 and WAC 365-195-900 through 925, employing a variety of mechanisms described in the public record; and WHEREAS, a notice of intent to adopt the proposed code amendments was sent to the State of Washington Department of Commerce and to other State agencies on February 2, 2016, for a 60- day review and comment period in accordance with State law; and WHEREAS, an environmental review has been conducted in accordance with the requirements of State Environmental Policy Act (SEPA), and a SEPA threshold determination was issued, and published on March 17, 2016, in the Bellingham Herald; and WHEREAS, the Planning Commission held a total of 7 public meetings to consider the proposed amendments, which included two public hearings, one on May 12 and one on June 9, 2016, with deliberations throughout these meetings; and WHEREAS, the Planning Commission has provided a recommendation to the County Council related to the proposed amendments; and 29 WHEREAS, the County Council held X study sessions on the proposed amendments on X, 2016, and a public hearing on X, 2016 and continued public hearing on X, 2016; and WHEREAS, the County Council has considered the recommendation of the County Planning Commission and the public comments received; and WHEREAS, the County Council has reviewed and considered a variety of information sources including Best Available Science materials, informational documents in the public record, and public testimony submitted verbally and in writing to the Planning Commission and to the County Council; and WHEREAS, the County Council desires the proposed amendments to be effective throughout the County including within shoreline jurisdiction, a subsequent Shoreline Master Program amendment should be prepared for submittal to the State Department of Ecology for approval; and WHEREAS, based upon the foregoing process, the County Council has made the following Findings of Facts and Conclusions:, General Critical Areas Findin.p- 1. The Growth Management Act requires critical areas to be designated and protected and to include and be informed by BAS when developing critical areas regulations. [RCW 36.70A] 2. Critical areas include wetlands, fish and wildlife habitat conservation areas, geologically hazardous areas, critical aquifer recharge areas, and frequently flooded areas. 3. The Whatcom County has within its borders a variety of environmentally sensitive areas that require protection of important functions and values. 4. Unregulated development may result in cumulative impacts to those functions and values of critical areas that contribute to and are necessary for a healthy natural environment and perceived quality of life. 5. The unregulated development of residences, businesses, shopping areas and other structures, and the clearing of land for accommodation of livestock and for such development all have the potential of adversely and significantly impacting the functions and values of critical areas. 6. The unregulated development of resource lands or areas susceptible to natural hazards may lead to inefficient use of limited public resources, jeopardize environmental resource functions and values, subject persons and property to unsafe conditions, and affect the perceived quality of life. 7. It is more costly to remedy the loss of critical area functions and values than to conserve and protect them from loss or degradation. 8. In determining what critical areas are to be afforded a particular degree of protection, Whatcom County has evaluated a wide range of the best science available with respect to the critical areas to make informed decisions that meet the intent of the Growth Management Act and that are also reflective of local needs. 9. The sources of this best available science that were evaluated and included in this ordinance are contained in Exhibit B: Whatcom County Critical Areas Ordinance 2016 Update — Best Available Science Review: Addendum to the 2005 BAS Report. 30 10. Protection standards for one critical area often provide protection for one or more other critical areas. 11. Critical areas may also be protected by other actions by the County, such as stormwater management standards, clearing and grading regulations, critical area restoration, and public education; and from other regulations, such as the Forest Practices Act, the Shoreline Management Act, the State Environmental Policy Act, and others. 12. The U.S. Constitution prohibits the taking of private property without just compensation. 13. The proposed regulations for critical areas are f 4�- �vio,.-, f ,-consistent with the Whatcom Comprehensive Plan G+eWw h-KRPage+Ae C4. 14. The amendments hereafter set forth address requirements related to development in and near environmentally critical areas including environmentally critical areas buffers, performance standards, mitigation requirements, exemptions and exceptions. 15. The amendments serve to further implement the Comprehensive Plan, and provide protection for critical areas that is consistent with BAS and with providing options and development flexibility, and are in the public interest. 16. The critical areas regulations continue to allow for reasonable use of property to ensure that such regulations do not infringe on constitutional private property rights. 17. The public record demonstrates that the amendments were developed through a review of the BAS literature available to the County for review and consideration. 18. The County has followed the GMA's requirements for public involvement and for including and considering BAS in modification of the regulations for critical areas. 19. The public testimony provided to the County included both support for the proposed amendments and suggestions for modifications. 20. Based on the review of the testimony and public record, the amendments attached to this ordinance reflect the County's requirement to protect critical areas and to consider the planning goals of the GMA, while recognizing public and private interests. Wetlands 21. Wetlands and streams are environmentally sensitive and have numerous natural functions and values. These functions include: wildlife and fisheries habitat; water quality protection; flood protection; shoreline stabilization; stream flow; and ground water recharge and discharge. In many situations, these functions cannot be adequately replicated or replaced. 22. The scientific literature supports in the inclusion of protective buffers from wetlands to provide sediment control and nutrient inputs to wetlands, and to protect important wetland functions. 23. Wetlands are identified according to the U.S. Army Corps of Engineers' Wetlands Delineation Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region supplement (Version 2.0) 2010, and rated according to the Washington State Wetland Rating System for Western Washington, revised 2014, prepared by the Washington State Department of Ecology (Ecology). 31 24. The scientific literature supports the inclusion of protective buffers of relatively intact native vegetation from wetlands to adequately protect wetland functions and values. 25. Appropriate wetland mitigation ratios —ratios of areas of wetland replacement and enhancement to that altered or destroyed —are established in Wetland Mitigation Replacement Ratios: Defining Equivalency, published by Ecology, 1992, and Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing Wetlands, Ecology Publication 05-06-008, April 2005. Critical Aquifer Recharge Areas 26. WAC 365-190-080 defines wellhead protection areas, sole source aquifers, special protection areas, and other areas that are susceptible or vulnerable to ground water contamination as areas with a critical recharging effect on aquifers used for potable water (also referred to as critical aquifer recharge areas). 27. Potable water is an essential life -sustaining element. 28. Much of the County's drinking water in rural areas comes from groundwater supplies. 29. Once groundwater is contaminated it is difficult, costly, and sometimes impossible to clean up. 30. Preventing groundwater contamination is necessary to avoid exorbitant costs, hardships, and potential physical harm to people. 31. Guidance Document for Establishment of Critical Aquifer Recharge Area Ordinances, by Ecology, 2000, includes scientific recommendations for protecting ground water, including limiting certain uses and the intensity of development in critical aquifer recharge areas. Frequently Flooded Areas 32. Flood hazard areas are subject to periodic inundation that results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 33. These flood losses are caused by development in areas prone to inundation that increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to flood loss. 34. Floodplain and stream connectivity are major elements in maintaining healthy riparian habitat and off -channel habitats for the survival of fish species and conveyance of floodwaters. If river, floodplains, and other systems are not viewed holistically as biological, geomorphological units, this can lead to serious degradation of habitat and increase flood hazards, which in turn can contribute to listing of various fish species as threatened or endangered and result in extraordinary public expenditures for flood protection and relief. 35. Frequently flooded areas, including the 100-year floodplain and the floodway, are commonly mapped on flood insurance maps, often known as Flood Insurance Rate Maps, or FIRMs. 32 Geologically Hazardous Areas 36. Geologically hazardous areas are subject to periodic geological events that result in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 37. Geologic hazards may be exacerbated by development and human activity in sensitive areas, and impacts resulting from geologic hazards may be reduced by limiting development and human activity within or adjacent to the geologic hazard. 38. Some geologic hazards may be intensified during periods of consistent or heavy rainfall that results in ground saturation or surface water drainage flows. Fish and Wildlife Habitat Conservation Areas 39. Fish and wildlife habitat conservation areas perform many important physical and biological functions that benefit Whatcom County and its residents, including but not limited to: maintaining species diversity and genetic diversity; providing opportunities for food, cover, nesting, breeding and movement for fish and wildlife; serving as areas for recreation, education and scientific study and aesthetic appreciation; helping to maintain air and water quality; controlling erosion; and providing neighborhood separation and visual diversity within urban areas. 40. Wetlands and streams are environmentally sensitive and have numerous natural functions and values. These functions include: wildlife and fisheries habitat; water quality protection; flood protection; shoreline stabilization; stream flow; and ground water recharge and discharge. In many situations these functions cannot be adequately replicated or replaced. 41. The scientific literature supports the inclusion of protective buffers from streams to provide sediment control, nutrient inputs to downstream waters, large woody debris, and other functions important to riparian areas. 42. The Washington Department of Fish and Wildlife (WDFW) has prepared management recommendations for the preservation of priority habitat and species, which are based on the best available science, and include, in some instances, recommended protective buffer distances. 43. Kelp and eelgrass beds have been identified and mapped by the Washington State Department of Natural Resources (DNR) in some areas. Herring and smelt spawning times and locations are outlined in WAC 220-110-240 through 220-110-260. Locations for both may be found by referring to Critical Spawning Habitat for Herring, Surf Smelt, Sand Lance and Rock Sole in Puget Sound, Washington: A Guide for Local Governments and Interested Citizens, 2002, and the Puget Sound Environmental Atlas, Volumes 1 and 2. 44. Salmonid and anadromous fish may be more impacted by development and human activity during some times than others. Such times are referred to as "fish windows," which have been documented by WDFW. 45. DNR has classified watercourses according to two stream -typing systems based on channel width, fish use, and perennial or intermittent status. 33 46. WAC 365-190-080(5) grants [the jurisdiction] the flexibility to make decisions in the context of local circumstances, and specifically excuses local jurisdictions from being required to protect "all individuals of all species at all time." 34 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 - 54 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1/24/2017 Finance Committee Division Head: Dept. Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT.• Discussion regarding CH21VI Hill contract #201205028 & contract #201205029 ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Executive's Report: Discussion regarding amendments to County contract #201205028 (CH2M Hill) and contract #201205029 (Pacific International Inc. and BNSF) COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution AB2016-260 & 261 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. 35 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2017-043 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: James Karcher, P.E. �X/� I OCo _ 17 (� 11 1, C-, \ L� LJ / E 01/24/2017 Finance/Council Division Head: /J Joe Rutan, P.E. ��y 17 &9� p� g� 01 � p � g W H AT O M COUNTY U NTY Dept. Head: Jon Hutchings 1-7-1-7 f / �1t' o It Daniel Gibson 1 COUNCIL Purchasing/Budget: Brad Bennett Executive: Jack Louws 7, TITLE OF DOCU " NT.• CRP #916008 Yacht Club Rd. RR Quiet Zone ATTACHMENTS. 1. Memo 2. Project Narrative 3. Preliminary Design Drawing 4. Public Authority Application to Federal Railroad Administration 5. Approval Letter from the Federal Railroad Administration 6. Cost Estimate for Project Improvements by County Forces 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 Department reporting back to County Council regarding the Federal Railroad Administration's response to a proposed quiet zone design for the Yacht Club Road at grade railroad crossing. 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, 00 WHATCOM COUNTY 11 Joseph P. Rutan, P. E. PUBLIC WORKS DEPARTMENT ` °M co 6 County Engineer/Assistant Director 3� 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Jon Hutchings Director 9SHiNGgo Phone: (360) 778-6210 Fax: (360) 778-6211 MEMORANDUM To: The Honorable Jack Louws, Whatcom County Executive and CEIVED The Honorable Whatcom County Council Through: Jon Hutchings, Director JAN 112017 From: Joseph P. Rutan, P.E., County Engineer/Assistant Directow,44 James P. Karcher, P.E., Engineering Manager F* COUNTY JACK L ECUTIVE Date: January 6, 2017 Re: YachtClub Rd. Railroad Quiet Zone; CRP No. 916008 Project Status Update Attached to this document for your review is project narrative, preliminary design drawing, Public Authority Application to the Federal Railroad Administration (the FRA), the approval letter from the FRA, and cost estimate for project improvements by County forces. Requested Action Public Works Department reporting back to County Council regarding the Federal Railroad Administration's response to a proposed quiet zone design for the Yacht Club Road at grade railroad crossing. Project Background Following a presentation at a County Council Meeting in 2015 by Christine Adams, FRA Grade Crossing Manager that detailed the options and procedures for the conversion of an at grade railroad crossing, to a quiet zone, Public Works moved forward with the process to convert the Yacht Club Road crossing. Public Works formed a diagnostics team with Burlington Northern Santa Fe (BNSF) and Utilities and Transportation Commission (UTC) to explore improvement options unique to the crossing. Public Works has recently received approval from the FRA for the design of Mountable Medians with Reflective Traffic Channelization Devices that was submitted in part of a Public Authority Application to the FRA. Funding Amount and Source The improvements costs for the installation of the medians were estimate to be $40,4'8 6. No County funds have been designated for the remaining administrative or construction costs. With Council direction Public Works is able to work with the community using County forces on the remaining administrative and construction efforts. However, the community also has the option to proceed with site improvements with their own construction and administrative forces. Please contact Joe Rutan or Roland Middleton at extension 6219 and 6212, respectively, if you have any questions or concerns regarding this topic. 37 Whatcom County Public Project Narrative Yacht Club Rd RR Quiet Zone CRP # 916008 Construction Funding Year(s): 2017 / 2018 Project Narrative: This project is located in Section 30, T37N, R3E. This project proposes to upgrade the BNSF crossing to "Quiet Zone" standards. This project is listed #R30 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Federal Application is submitted to the Federal Railroad Administration for approval; construction date pending approval and funding source. Total Estimated Project Cost: $40,586 Expenditures to Date: $8,645 Funding Sources: Federal State Local Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Cedar LAC: R30 r or it U-61 Q co — H <� oaoy/Y U � FL w W w F O o N _ _UJI IIIIft1III Way a^ 8 a Z W W M Z y � � C r J I n 39 1. � . • • ' • Jon Hutchings Director June 1, 2016 FRA Associate Administrator 1200 New Jersey Avenue, SE Washington, D.C. 20590 County Engineer/Assistant Director 322 N. Commercial Street, Ste. 301 Bellingham, WA 98225-4042 Phone: (360) 778-6210 Fax: (360) 778-6211 Public Authority Application to Federal Railroad Administratior Whatcorn County, Yacht Club Rd.,DOT #084796F M.P. 89.37 Proposed Quiet Zone Current Safety Measures: The railway grade crossing at Yacht Club Road (#084796F) Bellingham, Washington is a public single track crossing serving 32 residents. This no outlet road serves Chuckanut Lane and Chuckanut Shore Road residents and has an average daily traffic (ADT) of 222 vehicles. This ADT value more precisely defined is 111 vehicles entering the community via Yacht Club Road and 111 vehicles exiting via Yacht Club Road. One percent of the ADT is truck traffic. The intersection of Yacht Club Road and Chuckanut Lane (north of Yacht Club Road)/Chuckanut Shore Road (south of Yacht Club Road) is approximately 35-feet west of the crossing. Both of these roads have an existing Parallel Railroad Crossing sign (Manual of Uniform Traffic Control Devices (MUTCD) W10-3) displayed approximately 150-feet from the intersection. The crossing is currently identified on the easterly Yacht Club Road approach using Highway -rail Grade Crossing pavement markings (MUTCD 10- 15) and Railroad Crossing Advanced Warning sign (MUTCD W10-1). The crossing implements a Two Quadrant Gate Configuration and flashing lights to indicated oncoming train traffic. The westerly gate mast has four pair of flashing lights that face east and west down Yacht Club Road, south down Chuckanut Shore Road, and north down Chuckanut Lane. The east mast has two pair of flashing lights that face east and west down Yacht Club Road. The Constant Warning Time detection system is currently in place at the crossing. The oncoming train sounds its horn as it approaches the crossing and the pedestrian bell sounds. The current U.S. DOT Crossing Inventory does not identify all of the existing safety measures detailed above. Diagnostics Team Review: W Whatcom County (County) has examined the Yacht Club Road crossing thoroughly to identify and develop reasonable, safe improvement option that will allow the crossing to be converted to a Quiet Zone. The ultimate goal of County is to increase the safety facilities at the crossing in the most effective and feasible manner to mitigate the absence of the train horn. The County has formed a diagnostics team of County staff to examine the site conditions and make engineering recommendations that satisfy Federal Railway Administration (FRA) requirements for converting this crossing to a Quiet Zone. The Whatcom County diagnostics team includes: Jim Karcher: Engineering Manager Roland Middleton: Special Programs Manager Cody Swan: Project Engineer Dave Hower: Senior Traffic Engineer Whatcom County's diagnostics team also includes personnel from BNSF and Washington Utilities and Transportation Commission (UTC) that discussed safety concerns and potential safety improvement options for crossings Quiet Zone conversion. The representatives that Whatcom County has worked with on this project were: Bob Boston: UTC Operation Lifesaver Coordinator Richard Wagner: BNSF Manager Public Project John Shurson: BNSF Assistant Director Public Projects The County has incorporated the needs of a very involved Chuckanut Bay Community affected by the train horns into the final improvement decision. This community has expressed their concerns at County Council meetings and the County Council has made great considerations to their concerns. The diagnostics team has made multiple site visits to examine the potential safety concerns involved with discontinuing the sounding of the train horn. The safety concerns that were recognized are as follows: • Proximity of intersection; • Sight distance of approaching and queued vehicles on road approaches; • Sight distance of train engineer; • Lane widths restraint on larger vehicle or trailered vehicles; • Pedestrian traffic; • Steep grade (10-12%) of road approaches; • Drainage; . The recommendations made by diagnostics team resulting from examination of the site and the safety concerns unique to this crossing were a: 1. Supplemental Safety Measures (SSM)-4-Quadrant Gate System; 2. Alternative Safety Measures (ASM)-Non- Mountable Median; 3. ASM-Combination of Exit Gate with Non -Mountable Median; 4. ASM-Mountable Medians with Reflective Traffic Channelization Devices; Additional considerations made by the diagnostics team while evaluating options: 41 • Current (2013) ADT is 222 vehicles, of which 1% is trucks; • Posted speed limit on east side of tracks is 35 mph and 25 mph on the west; • Maximum allowable train speeds are; freight=59 mph and passenger=79 mph; • There have been no accidents within the last 10 years at this crossing; • School Buses and transit bus do not use this crossing; • The crossing serves a "No Outlet" road; • Residents using the crossing are educated and aware of safety concerns with discontinuing sounding of the train horn; • Sanitary Services Company needs for access during their weekly trash pick-ups; Pr000sed Safety Imorovements: Considering all options, holding safety paramount, and factoring cost, unique site conditions, and the knowledge base of the affected community on this issue, we have identified the most feasible option to be the ASM - Mountable Median with Reflective Traffic Channelization Devices (mountable median). The easterly road approach will be equipped with a durable plastic 4-inch tall mountable median. That will be installed 1-foot or less from the existing entrance gate in it's down position and will extend 100- feet east along the existing double yellow centerline of Yacht Club Road. There will be a 1-foot, or less, gap in the mountable median 20-feet from the starting point at the gate to allow for drainage of a small portion of the asphalt road. Reflective Traffic Channelization Devices with an 8-inch by 29-inch Type III Reflective Sheeting surface will be installed atop the 4-inch composite curb at 80-inch intervals. This safety improvement qualifies as SSM defined in 49 Code of Federal Regulations (FCR) 222, Appendix A, Section 3-Gates with Medians or Channelization Devices. The closed proximity of the intersection on the westerly road approach of the crossing will not allow for installation the full 60-foot mountable median per requirement of 49 Code of Federal Regulations (FCR) 222, Appendix A, Section 3. The mountable median will be installed at 35 foot in length beginning at no more than 1-foot from the westerly gate in its down position. This modified SSM will qualify as an ASM under 49 Code of Federal Regulations (FCR) 222, Appendix B Section I and is subject to Federal Railroad Administration (FRA) review. In addition to the mountable median the County will install No Train Horns signs (MUTCD W10-9) at all road approaches. The County has also taken great consideration to the involvement of the community affected by the crossing and although the County is not implementing a Public Education and Awareness ASM, as covered under the 49 CFR 222 Appendix B, Section II(2), we do acknowledge the fact that the community has a comprehension of the laws governing this crossing when converted to a Quiet Zone. The community has been present at several council meetings, community meetings, and has been kept abreast on all topics concerning the process of converting the crossing to a Quiet Zone. IV. Quiet Zone Risk Index Calculation: The current Risk Indexes are: Nationwide Significant Risk Threshold - 14,347.00 Risk Index with Horns - 11,804.82 Quiet Zone Risk Index- 19,690.44 42 V. When using the Quiet Zone Calculator to calculate the potential risk reduction when using the SSM, (12) Mountable Median with Reflective Traffic Channelization Devices, the Quiet Zone Risk Index is reduced by 14,767.83 to 4,922.61. It is assumed that this calculator factors the requirement in 49 CFR 222, Appendix A, Section 3(b) defining required length and adjustments for effectiveness rating. This CFR would require 100 feet of the SSM mentioned above to be install on the east side of the crossing and 60 feet to be installed where the intersection is located within 100 feet. Since the proximity of the intersection prohibits the installation of the full 60 feet on the west and only 35 feet will be installed we have prorated the reduction in risk accordingly using the following method. Required median length Installed median length Percentage installed Quiet Zone Risk Reduction Adjusted Risk Reduction 85% x 14,767.83 160 ft. 135 ft. 85% 14,767.83 12,552.65 Quiet Zone Risk Index with Proposed Safety Improvements 19,690.44—12,552.65 = 7,137.79 The proposed safety improvements reduce the Quiet Zone Risk Index below the existing Risk Index with Horns and below the Nationwide Significant Risk Threshold. County Response to Notice of Intent (NOI) Comments: A. Whatcom County Response to BNSF Comments: The BNSF NOI comment letter had no direct comments to the County's proposed safety improvements for the crossing. The comments below have been assumed from the statements within the letter. 1. BNSF Comment: While no specifics are given on either the product or construction of the mountable medians, it is clear from watching the on-line "Product Videos" of the mountable median Tuff Curb at http://www.impactrecovery.com/products/tuff-curbl/, this product seems to be contradictory to the Quiet Zone treatment goal of deterring motorists from driving over the median and around the gates. County Response: The note on the preliminary plan indicates that, Median Notes: 1. Install, Qwick Kurb or approved equivalent, per the manufacturer's recommendations. (See mountable raised curb detail this sheet). Installation of this product would be per manufacturer's recommendations of the approved product that meets the specifications detailed in the plans. The "Product Video" referenced in the BNSF comment appears to be contradictory to the product specified in the preliminary plans and would not qualify as an approved equivalent. 9 43 Please reference the following webpage, http://www.gwickkurb.com/, to view a video (video on right) of the product that is specified to be the ASM installed at the crossing. 2. BNSF Comment: BNSF believes the County should install, at a minimum, concrete medians with 6-inch minimum height curbs for channelization, which provide a physical barrier to prevent drivers from attempting to drive around down gates. County Response: The County determined there to be several issues with installing 6-inch concrete median while the safety benefit was insignificant compared to using mountable median. The non -mountable median may potentially restrict ingress of emergency vehicles, such as fire trucks, when accessing this community. Unintentionally contact from emergency vehicles may cause damage to the vehicle and/or the non -mountable median. The mountable median will be able to be straddled by emergency vehicle in the event of an emergency without the possibility of damage to the vehicle. The non -mountable median will impact future road improvement and maintenance such as paving, chip sealing, and snowplowing. Whereas, the mountable median can be removed for maintenance and reinstall and will endure low speed impact from snowplows with little to no damage to either the median or the snowplow. The non -mountable concrete median is NOT the preference of Sanitary Services Company (garbage pick- up). The non -mountable concrete median has the potential to be damaged by unintentional contact by their garbage truck and could potentially damage their truck. The mountable median option detailed in the County plans will allow that garbage truck driver to unintentionally roll over the median without potential damage to the truck or median. The proposed mountable median is made of a highly durable material that is anchored to the existing asphalt with 8-inch molly bolt anchors and requires little maintenance. The reflective channelization devices will be monitored frequently to ensure continued effectiveness and defective items will be replaced when the need exists. 3. BNSF Comments The on -site meeting with you and Messrs. Swan, Hower, Donahue and Vandersypen in June 2015 left both John Shurson and me with the opinion that exit gates and/or non -traversable medians or a combination of the two treatments were the consensus for this crossing's treatment. Additionally, we discussed safety concerns not addressed by the Rule, such as: • Grade to both approaches; • Lane widths at the west bound approach; • Site (sight) distances at both approaches due to geography and double -track rail traffic; • Types of daily traffic use; • Drainage; IM County Response: When referencing the BNSF and Whatcom County meeting notes, dated June 3, 2015 that were provided to BNSF it appears that during the meeting several options of potential improvements were discussed. BNSF made it abundantly clear that their preference was to install exist gates in both directions at the crossing and gave a verbal approximation of cost to be $150k for each gate and $10k annual maintenance costs. No official concurrence was made at this time and in conclusion to the meeting the required actions by both Whatcom County and BNSF are as follows per the meeting notes: 1. Whatcom County— will compile a couple of alternatives to present to County Council to determine which option is best for the Yacht Club crossing, Then Whatcom County will contact BNSF to arrange a meeting to meet on site with UTC. 2. BNSF - Whatcom County will need an unofficial engineers estimate from BNSF detailing the costs associated with SSMs discussed on site. This estimate will then be used to support the alternatives that will be presented to County Council. On November 12, 2015 the County received BNSF's unofficial engineers estimate for the two additional exit gates and the estimated was $644,126. This estimate was in excess of the verbal estimate by over twice as much. The February 3, 2016 team meeting both BNSF and UTC expressed concern with the mountable median and they suggested that the County install a combination of a non -mountable median on the easterly road approach and an exit gate on the westerly road approach. The requirement action by the County following the meeting was to contact BNSF for a revised unofficial engineers estimate detailing a single exit gate cost or to proceed with the N01 proposing the mountable median with reflective traffic channelization devices. The County chose to pursue the mountable median with reflective traffic channelization devices option. The County researched the efficacy of channelization devices used at highway -rail grade crossing and in the Federal Railroad Administration (2005), Use of Locomotive Horns at Highway -Rail Grade Crossings: Final Rule, 49 CFR Parts 222 and 229, Federal Register, Vol. 70, No. 80, gates with median or channelization devices have an effectiveness rating of 0.75. This effectiveness rating was slightly less than the non -mountable medians rating of 0.80. The County determined that the 0.75 effectiveness rating which translates to a 75% reduction of the risk of a collision at the crossing, at a crossing that had no collision history in the last 10 years, would be a suitable safety improvement. That coupled with the facts that the ADT of this "No Outlet" road is 222, 111 entering and 111 exiting, and the community using this crossing has a superior knowledge base than that of the typical motorist on the implications of removing the train horn, the County concluded that the mountable median would provide a safer crossing for the community. The safety concerns mentioned in BNSF's statement are addressed by the proposed ASM as follows: Grade to both approaches, The approach grades have not been an issue for the travelling public at this crossing at no point in the past. The grades will not be lessen as a result of any of the recommendations made by BNSF and will continue to be a safety concern inherent to living at the bottom of Yacht Club Road. M. 45 Lane widths at the west ,bound approach; The proposed ASM will be installed within the existing limits of double yellow centerline. This road is both low traffic and low speed. The County will install advanced warning signs to inform drivers of the changed traffic configuration. Site distances at both approaches due to geography and double -track rail traffic, The single-track Yacht Club Road crossing site has steep geography on the easterly road approach that does impair the sight distance of the train engineer and the motorist. On higher volume roads with large vehicle ques and a history of gate violations and collisions this concern would have a large impact on the final design of this safety improvement. Since the vehicle ques at this crossing typically do not exceed 2 or 3 vehicle at which point the only sight distance obstruction is the railroad bungalow. The westerly approach has some overgrowth that does restrict sight distance. This issue can be resolved to the during the other safety improvements with the cooperation of BNSF. The proposed safety improvement is intended to reduce collision in the absence of the train horn and deter motorist from attempting an unlawful gate crossing. Ultimately, the train engineer still reserves the right to sound the train horn if any safety risk is present. Types of daily traffic use, The largest vehicle using this crossing on a regular basis is the garbage truck that makes weekly pickups. Whatcom County has discussed the needs required by this service and the proposed design accommodates their requirements. The proposed mountable median was laid out in the field and the garbage truck driver drove his normal route as a trial and no conflicts were noted. The proposed mountable median will allow oversized vehicle the ability to drive over the median without damage to the vehicle or median. As infrequent as this route is used by large vehicles maintenance caused from vehicle damage is anticipated to be minimal. Drainage, In order to address drainage issues that may occur as result of installing the ASM, the mountable median will have a gap of less than 1 foot at the low point on the easterly road approach. The median will be routinely cleaned and free of any debris that may accumulate and impede flow of the storm water. B. Whatcom County Response to UTC Comments: The UTC NOI comment letter stated some of the same concerns as the BNSF comment letter. The County responses to UTC comments call reference to the above responses to BNSF on related topics. The comments below have been assumed from statements within the letter. 1. UTC Comment: The team at the February 3, crossing review agreed that the preferred treatment would be adding an exit gate for eastbound traffic and installing non -traversable medians on both approaches. County Response: 7 M The preferred treatment of BNSF and UTC upon the conclusion of the meeting on February 3 was adding an exit gate for westbound traffic and installing non -traversable medians on both approaches. This treatment however is not the treatment that the County found to be the most feasible option and decided to move forward with a reasonable alternative with proven effectiveness. Reference above County Response to BNSF Comments 2 and 3. 2. UTC Comment: In addition, the short 35 foot median allows for easy drive around and the absence of an exit gate increases the chance of collision. Sight distance for motorists approaching the west side of the crossing is also limited due to steep grade and angle. County Response: The existing two quadrant gate configuration allow for the same easy drive around as it would with the absence of a westbound exit gate. There have been no collisions or reported gate violations in the past 10 years at this crossing. The County does not believe that the added safety feature would increase the chance of collision or gate violations at this crossing in the absence of the train horn. The sight distance on the westerly approach can be improved with some trimming of vegetation within BNSF right of way. This improvement can be accomplished with the cooperation of BNSF during the construction of the safety improvements. Reference above County Response to BNSF Comment 3. 3. UTC Comment: During the on -site meeting it was discussed that the crossing is equipped with constant warning train detection, but the current crossing inventory shows "DC" type train detection. The County should contact BNSF to verify the type of train detection and request that they update the FRA crossing inventory. If train detection is "DC" it will need to be upgraded prior to implementing a quiet zone at this crossing. County Response: On the February 3, 2016 onsite diagnostics team meeting BNSF confirmed that the constant warning train detection system is the current detection system at this crossing. Although, the U.S. DOT Crossing Inventory does not reflect this the County has confirmed with the FRA inspector that the constant warning system is in place at the crossing. VI. Commitment to Implement Proposed Safety Improvements: The County intends to mitigate the potential safety hazards that may arise in the absence of the train horn by installing a mountable median with reflective traffic channelization devices as visual indication to motorists to proceed with caution through the crossing. This ASM will be present at all times as a reminder to motorists of the crossing when trains are not present and as an added layer of safety when trains are present. The County commits to installing the safety improvements that are described in this document and detailed on the preliminary plan sheet. The County's goal is to increase the safety of all motorists travelling on Whatcom County roads and this improvement satisfies that goal. 0 47 Please feel free to contact Cody Swan at 360-778-6265 or by e-mail cswan@co.whatcom.wa.us, for additional information. Respectfully, ;osepV P. Rutan, P.E. County Engineer/Assistant Director Encl: (1) U.S. DOT Crossing Inventory Form (current) (2) Whatcom County Notice of Intent (NOI) (3) BNSF Comment Letter to Whatcom County NOI (4) UTC Comment Letter to Whatcom County NOI (5) Preliminary Plan Sheet Cc: Richard W. Wagner Manger Public Projects for WA, ID & BC BNSF Railway 2454 Occidental Avenue So Suite 2D Seattle, WA 98134 Elizabeth F Klute (LIS), CEM Northwest Regional Emergency Manager (OR/WA/ID/MT/ND) Emergency Management & Corporate Security Department National Railroad Passenger Corporation - Amtrak 187 S Holgate St. Seattle, WA 98134 Kathy Hunter Deputy Assistant Director, Transportation Safety Washington Utilities and Transportation Commission 1300 S. Evergreen Park Dr. SW PO Box 47250 Olympia, WA 98504-7250 Christine Adams Region 8 Grade Crossing Manager U.S. Department of Transportation Federal Railroad Administration 500 Broadway, Suite 240 Vancouver, WA 98660. Cc Via Email: Roland Middleton, Whatcom County Kathy Bovenkamp, Chuckanut Bay Community Ir] MW DEPARTMENT OF TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION OMB No. 2130-0017 Instructions for the initial reporting of the following types of new or previously unreported crossings: For public highway -rail grade crossings, complete the entire inventory Form. For private highway -rail grade crossings, complete the Header, Parts I and II, and the Submission Information section. For public pathway grade crossings (including pedestrian station grade crossings), complete the Header, Parts I and II, and the Submission Information section. For Private pathway grade crossings, complete the Header, Parts I and II, and the Submission Information section. For grade -separated highway -rail or pathway crossings (including pedestrian station crossings), complete the Header, Part I, and the Submission Information section. For changes to existing data, complete the Header, Part I Items 1-3, and the Submission Information section, in addition to the updated data fields. Note: For private crossings only, Part i Item 20 and Part III Item 2X are required unless otherwise noted. An asterisk * denotes an optional field. A. Revision Date B. Reporting Agency C. Reason for Update (Select only one) D. DOT Crossing (MM/DD/YYYY) ❑ Railroad ❑ Transit N Change in ❑ New ❑ Closed ❑ No Train ❑ Quiet Inventory Number 04/ 20/ 2016 Data Crossing Traffic Zone Update N State ❑ Other ❑ Re -Open ❑ Date ❑ Change in Primary ❑ Admin. 084796F Change Only Operating RR Correction 1. Primary Operating Railroad 2. State 3. County BNSF Railway Company [BNSF] WASHINGTON WHATCOM 4. City / Municipality S. Street/Road Name & Block Number 6. Highway Type & No. ❑ In YACHT CLUB RD I N Near BELLINGHAM (Street/Road Name) I * (Block Number) C040670 7. Do Other Railroads Operate a Separate Track at Crossing? ❑ Yes N No 8. Do Other Railroads Operate Over Your Track at Crossing? N Yes ❑ No If Yes, Specify RR If Yes, Specify RR ATK 9. Railroad Division or Region 10. Railroad Subdivision or District 11. Branch or Line Name 12. RR Milepost 1 0089.389 ❑ None NORTHWEST []None BELLINGHAM ❑ None PA J-US CAN BDR (prefix) I (nnnn.nnn) I (suffix) 13. Line Segment 14. Nearest RR Timetable 15. Parent RR (if applicable) 16. Crossing Owner (if applicable) * Station 0050 BELLINGHAM N N/A ❑ N/A BNSF 17. Crossing Type 18. Crossing Purpose 19. Crossing Position 20. Public Access 21. Type of Train 22. Average Passenger N Highway N At Grade (if Private Crossing) ❑ Freight ❑ Transit Train Count Per Day N Public ❑ Pathway, Fed. ❑ RR Under ❑ Yes N Intercity Passenger ❑ Shared Use Transit N Less Than One Per Day ❑ Private ❑ Station, Ped. ❑ RR Over ❑ No ❑ Commuter ❑ Tourist/Other ❑ Number Per Day 23. Type of Land Use ❑ Open Space ❑ Farm 19 Residential ❑ Commercial ❑ Industrial ❑ Institutional ❑ Recreational ❑ RR Yard 24. Is there an Adjacent Crossing with a Separate Number? 25. Quiet,Zone (FRA provided), ❑ Yes N No If Yes, Provide Crossing Number ® No Cl 24 Hr E) Partial �❑ Chicago Excused Date Established . . 26. HSR Corridor ID 27. Latitude in decimal degrees 28. Longitude in decimal degrees 29. Lat/Lang Source N N/A (WG584 std. nn.nnnnnnn) 48.6755733 (WGS84 std:-nnn.nnnnnnn)-122A892095 ❑ Actual N Estimated 30.A. Railroad Use * 31.A. State Use 30.8. Railroad Use * 31.13. State Use 30.C. Railroad Use * 31.C. State Use 30.D. Railroad Use * 31.D. State Use 32.A. Narrative (Railroad Use) * 32.8. Narrative (State Use) 4. Type and Count of Tracks Main 1 Siding0 Yard 0 Transit 0 Industry 0 5. Train Detection (Main Track only) ❑ Constant Warning Time ❑ Motion Detection ❑AFO ❑ PTC N DC ❑ Other ❑ None 6. Is Track Signaled? FA Yes ❑ No FORM FRA F 6180.71 (Rev. 3/15) 7.A. Event Recorder ❑ Yes ❑ No OMB approval expires 3/31/2018 7.13. Remote Health Monitoring ❑ Yes ❑ No Pagel OF 2 We Date (MM/DD/VYYY) I ��� I D. Crossing Inventory Number (7 char.) fiRA7gRP 1. Are there 2. Types of Passive Traffic Control Devices associated with the Crossing Signs or Signals? 2.A. Crossbuck 2.B. STOP Signs (R1-1) 2.C. YIELD Signs (R1-2) 2.D. Advance Warning Signs (Check all that apply; include count) ❑ None Assemblies (count) (count) (count) R W10-1 ❑ W10-3 ❑ W10-11 ® Yes ❑ No 2 0 ❑ W10-2 ❑ W10-4 ❑ W10-12 2.E. Low Ground Clearance Sign 2.F. Pavement Markings 2.G. Channelization 2.H. EXEMPT Sign 2.1. ENS Sign (1-13) (W10-5) Devices/Medians (R15-3) Displayed ❑ Yes (count ) N Stop Lines ❑Dynamic Envelope ❑ All Approaches ❑ Median ❑ Yes ❑ Yes ❑ No ❑ RR Xing Symbols ❑ None ❑ One Approach ❑ None ❑ No Cl No 2.1. Other MUTCD Signs ❑ Yes ® No 2.K. Private Crossing 1 Z.L. LED Enhanced Signs (List types) Signs (if private) Specify Type Count Specify Type Count ❑ Yes ❑ No Specify Type Count 3. Types of Train Activated Warning Devices at the Grade Crossing (specify count of each device for all that apply) 3.A. Gate Arms 3.B. Gate Configuration 3.C. Cantilevered (or Bridged) Flashing Light 3.D. Mast Mounted Flashing Lights 3.E. Total Count of (count) Structures (count) (count of masts) 2 Flashing Light Pairs ❑ 2 Quad ❑ Full (Barrier) Over Traffic Lane 0 ❑ incandescent ❑ Incandescent ❑ LED Roadway 2 ❑ 3 Quad Resistance ❑ Back Lights Included ❑ Side Lights 0 Pedestrian ❑ 4 Quad ❑ Median Gates Not Over Traffic Lane 0 ❑ LED Included 3.F. Installation. Date of Current 3.G. Wayside Horn 3.H. Highway Traffic Signals Controlling 3.1. Bells Active Warning Devices: (MM/YYYY) Installed on (MM/YYYY) Crossing ❑ Yes 19 No (count) / ❑ Not Required _� 0 No 1 3.1. Non -Train Active Warning 3.K. Other Flashing Lights or Warning Devices ❑ Flagging/Flagman ❑Manually Operated Signals ❑ Watchman ❑ Floodlighting ❑ None Count 0 Specify type 4.A. Does nearby Hwy 4.B. Hwy Traffic Signal 4.C. Hwy Traffic Signal Preemption S. Highway Traffic Pre -Signals 6. Highway Monitoring Devices Intersection have Interconnection ❑ Yes ❑ No (Check all that apply) Traffic Signals? ❑ Not Interconnected ❑ Yes - Photo/Video Recording ❑ For Traffic Signals ❑ Simultaneous Storage Distance * ❑ Yes —Vehicle Presence Detection ❑ Yes ❑ No ❑ For Warning Signs ❑ Advance Stop Line Distance * ❑ None 1. Traffic Lanes Crossing Railroad ❑ One-way Traffic 2. Is Roadway/Pathway 3. Does Track Run Down a Street? 4. Is Crossing Illuminated? (Street ❑ Two-way Traffic Paved? lights within approx. 50 feet from Number of Lanes 2 ❑ Divided Traffic ER Yes ❑ 1, ❑ Yes 19 No nearest rail) ❑ Yes ❑ No 5. Crossing Surface (on Main Track, multiple types allowed) Installation Date * (MM/YYYY) / Width * Length ❑ 1 Timber ❑ 2 Asphalt ❑ 3 Asphalt and Timber ® 4 Concrete ❑ 5 Concrete and Rubber ❑ 6 Rubber ❑ 7 Metal ❑ 8 Unconsolidated ❑ 9 Composite ❑ 10 Other (specify) 6. Intersecting Roadway within 500 feet? 7. Smallest Crossing Angle 8. Is Commercial Power Available? ® Yes ❑ No If Yes, Approximate Distance (feet) 75 ❑ 0° — 29° ❑ 30° — 59° ® 60` - 90' EM Yes ❑ No Part V., Public Highway Information 1. Highway System 2. Functional Classification of Road at Crossing 3. Is Crossing on State Highway 4. Highway Speed Limit ER (0) Rural ❑ (1) Urban System? MPH ❑ (01) Interstate Highway System ❑ (1) Interstate ❑ (5) Major Collector ❑ Yes N No ❑ Posted ❑ Statutory ❑ (02) Other Nat Hwy System (NHS) ❑ (2) Other Freeways and Expressways 5. Linear Referencing System (LRS Route ID) ❑ (03) Federal AID, Not NHS ❑ (3) Other Principal Arterial ❑ (6) Minor Collector 19(08) Non -Federal Aid ❑ (4) Minor Arterial 4 (7) Local 6. LRS Milepost 7. Annual Average Daily Traffic (AADT) 8. Estimated Percent Trucks 9. Regularly Used by School Buses? 10. Emergency Services Route Year 2013 AADT 222 06 % ❑ Yes ® No Average Number per Day ❑ Yes ® No Submission Information - This information is used for administrative purposes and is not available on the public website. Submitted by Organization Phone Date Public reporting burden for this information collection is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. According to the Paperwork Reduction Act of 1995, a federal agency may not conduct or sponsor, and a person is not required to, nor shall a person be subject to a penalty for failure to comply with, a collection of information unless it displays a currently valid OMB control number. The valid OMB control number for information collection is 2130-0017. Send comments regarding this burden estimate or any other aspect of this collection, including for reducing this burden to: Information Collection Officer, Federal Railroad Administration,1200 New Jersey Ave. SE, MS-25 Washington, DC 20590. FORM FRA F 6180.71 (Rev. 3/15) OMB approval expires 3/31/2018 Page 2 OF 2 50 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT E-1 �°I,Jon HutchingszDirector A C March 11, 2016 =,1111 us 1 County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Phone: (360) 778-6210 Fax: (360) 778-6211 Notice of Intent to Establish a Quiet Zone Whatcorn County, Washington - Yacht Club Rd.,DOT #0847961= M.P. 89.37 Proposed Quiet Zone This letter is a Notice of Intent for the establishment of a quiet zone at the aforementioned location in accordance with the regulations set forth by the Federal Railroad Administration's (FRA) Train Horn Rule (49 CFR Part 222). The railway is currently active 24 hours a day and Whatcom County at the request of the residents, would like to eliminate the routine sounding of the locomotive horn at Yacht Club Rd.,DOT #084796F M.P. 89.37. This will be the only public highway -rail grade crossing included in this quiet zone. Yacht Club Road serves as the only local access road accessing Chuckanut Shore Road and Chuckanut Lane (which are both dead end roads connecting to SR11). There are 32 residences on the westerly side of the Yacht Club Road crossing that predominantly use this crossing. The current Average Daily Traffic (ADT) is 222 vehicles. The current configuration of the Yacht Club Road public highway -rail grade crossing prohibits the installation of Supplemental Safety Measures (SSM) on both sides of the crossing that are required by the FRA for the creation of a quiet zone. Whatcom County proposes to install mountable medians with reflective traffic channelization devices on the east side of the crossing in accordance to FRA's requirement for a SSM. On the west side of the crossing an intersection at Chuckanut Shore Road/ Chuckanut Lane restricts the county from installing the full 60 feet requirement by the FRA to be considered a SSM. The county proposes that the westerly mountable medians with reflective traffic channelization devices be installed 35 feet in length to be considered as an Alternative Safety Measure (ASM.) The name and title who will act as the point of contact for Whatcom County during the quiet zone development process is as follows: Cody Swan, E.I.T., L.S.I.T. Engineering Technician III Design & Construction Whatcom County Public Works 322 N. Commercial St. Suite 301 Bellingham, WA 98225-4042 (360) 778-6265 Email: cswan@co.whatcom.wa.us 51 Action Required: Please consider this notice as the beginning date of the required 60-day comment period in the Quiet Zone process. The 60-day comment period for this Quiet Zone will end on May 10, 2016, or when a written comment of a "no comment" statement is received from each recipient of this notice. The following is a list of names and addresses of each party that will receive this notification: 1. Railroads operating over grade crossing: Richard W. Wagner Manger Public Projects for WA, ID & BC BNSF Railway 2454 Occidental Avenue So Suite 2D Seattle, WA 98134 Elizabeth F Klute (LIS), CEM Northwest Regional Emergency Manager (OR/WA/ID/MT/ND) Emergency Management & Corporate Security Department National Railroad Passenger Corporation - Amtrak 187 S Holgate St, Seattle, WA 98134 2. State agency responsible for highway and road safety, and State agency responsibility for grade crossing safety: Kathy Hunter Deputy Assistant Director, Transportation Safety Washington Utilities and Transportation Commission 1300 S. Evergreen Park Dr. SW PO Box 47250 Olympia, WA 98504-7250 Attached for your convenience is: ® Preliminary exhibit of the proposed improvements ® Existing Quiet Zone Risk Index Calculations • Sample photographs of proposed SSM/ASM used in Vancouver, WA. Please feel free to contact Cody Swan with any questions regarding this topic. Respectfully, Joseph P. Rutan, P.E. County Engineer/Assistant Director 52 .1dFA IL, WA Y May 10, 2016 Cody Swan Engineering Technician III Whatcom County Public Works 322 N. Commercial St., Suite 301 Bellingham, WA 98225-4042 Joseph Rutan County Engineer/Assistant Director Whatcom County Public Works-4042 322 N. Commercial Street Ste 301 Bellingham, WA 98225-4042 Richard W Wagner BNSF Railway Company Manager Public Projects 2454 Occidental Ave S Suite 2D NW Division -- ID, WA & 13C Seattle, WA 98134 206-625-6152 206-625-6115 (fax) Richard.Wagner@bnstcom RE: Whatcom County WA — Yacht Club Rd (084796F) N01 Letter BNSF Response Mr. Rutan: BNSF is in receipt of the Whatcom County's ("County") Notice of Intent ("Notice") dated March 11, 2016 for a proposed quiet zone ("Quiet Zone") at the following crossing: Yacht Club Rd (084796F). At the outset of this letter, BNSF would like to be clear that we believe that if not properly accounted for with appropriate safety enhancements, the elimination of the train horn can be detrimental to safety. The train horn is intended to alert the motoring and pedestrian public of train movement. The County's use of the Rule should be used as a minimum guideline in its approach to creating a situation where the train horn is eliminated as a safety measure. For any quiet zone implemented on BNSF-owned track, we strongly recommend each crossing receive appropriate enhanced safety devices to accommodate for removal of the horn prior to the establishment of the quiet zone. BNSF writes this comment letter based in part upon requirements set by FRA in the Train Horn Rule ("Rule") at 49 CFR 222. BNSF understands that the County plans to use a mountable median for safety treatment in lieu of raised concrete non -traversable median channelization for this crossing. While no specifics are given on either the product or construction of the mountable medians, it is clear from watching the on-line "Product Videos" of the mountable median Tuff Curb at http://www.impactrecovery.com/products/tuff-curbl/, this product seems to be contradictory to the Quiet Zone treatment goal of deterring motorists from driving over the median and around the gates. BNSF believes the County should install, at a minimum, concrete medians with 6-inch minimum height curbs for channelization, which provide a physical barrier to prevent drivers from attempting to drive around down gates. Please understand that BNSF is NOT supportive of a mountable curb product absent a 6" concrete curb. We were disappointed to see the County's treatment described within the Notice. The on -site meeting with you and Messrs. Swann, Hower, Donahue and Vandersypen in June 2015 left both John Shurson and me with the opinion that exit gates and/or non -traversable medians or a combination of the two treatments were the consensus for this crossing's treatment. Additionally, we discussed safety concerns not addressed by the Rule, such as: Page 1 of 2 0 Grades to both approaches; Lane widths at the west bound approach; Site distances at both approaches due to geography and doable -track rail traffic; Types of daily traffic use; m Drainage issues. In subsequent conversations with the County since, the County made it clear that the cost of proper safety treatment is the driving force in selecting only the traversable medians as the quiet zone treatment for the crossing at Yacht Club Rd. BNSF strongly believes traversable medians to be inadequate for the west -bound approach and wholly inadequate on the east -bound approach for this quiet zone. Please forward the County's final engineering plans to BNSF Railway. We are not trying to be difficult or confrontational. I am sure that you agree that public safety is a priority for all of us and we are simply bringing our public safety concerns to your attention. The County is required to issue a Notice of Establishment for the quiet zone implementation. In the Notice of Establishment, the County should certify that the required SSMs have been constructed and comply with the requirements set forth in Appendix A of the Rule. Please ensure all proper advanced warning signage ("NO TRAIN HORN", etc.) will be installed. The County, by issuing the NOE, certifies that it has proper jurisdiction to establish the Quiet Zone, and that the Quiet Zone meets or exceeds federal requirements. If BNSF can be of further assistance, please feel free to contact me or French Thompson, Public Projects Director for BNSF, 2500 Lou Menk Drive, OOB 3 FTW 76131 and the phone number to 817-352-1549. Regards, Richard Wagner Manager Public Projects, BNSF cc: Kathy Hunter Deputy Assistant Director, WUTC 1300 S. Evergreen Park Dr. SW P.O. Box 47250 Olympia, WA 98504-7250 FRA Associate Administrator 1200 New Jersey Avenue, SE Washington, D.C. 20590 Chris Adams FRA Regional Manager 500 Broadway, Suite 240 Vancouver, WA 98660 cc via electronic mail: John Shurson, BNSF Railway French Thompson, BNSF Railway Nicole Hightower, BNSF Railway Jennifer Willingham, BNSF Railway Page 2 of 2 54 rn� STATE OF WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION (360) 664- d 160 a TTY (360) 586-8203 May 17, 2016 Joseph P. Rutan, P.E. County Engineer/Assistant Director Whatcom County Public Works Dept. 322 N. Commercial Street, Suite 301 Bellingham, WA 98225-4042 Rem TR-160319 — Notice of Intent to Establish a Railroad Quiet Zone at Yacht Club Road, DOT #0847961i Dear Mr. Rutan: Thank you for the opportunity to comment on Whatcom County's proposed quiet zone, as described in Docket TR-160319. On March 11, 2016, Whatcom County notified the Washington Utilities and Transportation Commission (commission) of its intent to establish a railroad quiet zone at Yacht Club Road. On February 3, 2016, Bob Boston, commission railroad safety staff, participated in an on -site quiet zone review of the Yacht Club Road crossing along with representatives from Whatcom County Public Works and BNSF Railway Co. (BNSF). The city is proposing a 24-hour, seven day per week quiet zone. This crossing has one main line track and is currently equipped with the minimum requirements per Code of Federal Regulations Part 222 of gates and flashing lights. In addition the Yacht Club Road crossing has a pedestrian bell and power out indicators. The County proposes to install mountable medians with three-foot high reflectorized channelization devices on both approaches to the crossing. The median on the east side of the crossing is proposed to be 60 feet in length and would qualify as a supplemental safety measure (SSM). The median on the west side of the crossing is proposed to be 35 feet in length and would qualify as an alternative safety measure (ASM). The medians at this crossing will therefore be considered ASM improvements and require an application to the Federal Railroad Administration (FRA). The ASM spreadsheet will also need to be applied to the FRA quiet zone calculator in order to determine the correct quiet zone risk index when submitting the application to the FRA. Respect. Professionalism. Integrity. Accou.n-Lability. 55 Joseph P. Rutan, P.E. May 17, 2016 Page 2 The team at the February 3, crossing review agreed that the preferred treatment would be adding an exit gate for eastbound traffic and installing non -traversable medians on both approaches. It is commission's staff opinion that non -traversable medians provide a much higher disincentive for motorists to drive over them because of the potential damage to vehicles. In addition, the short 35 foot median allows for easy drive around and the absence of an exit gate increases the chance of collision. Sight distance for motorists approaching the west side of the crossing is also limited due to steep grade and angle. Commission staff reviewed the FRA crossing inventory data on file and updated the vehicle traffic ADT to 222 per the latest Whatcom County traffic study. During the on -site meeting it was discussed that the crossing is equipped with constant warning train detection, but the current crossing inventory shows "DC" type train detection. The County should contact BNSF to verify the type of train detection and request that they update the FRA crossing inventory. If train detection is "DC" it will need to be upgraded prior to implementing a quiet zone at this crossing. As you know, the commission may comment on quiet zone proposals, but may not approve or disapprove the proposal because states have been preempted in this area by federal rule. Based on staff s participation and observations at the crossing review, commission staff offers these comments. Thank you for the opportunity to provide comments. Please feel free to contact Bob Boston at 360-701-1615 or by email bboston @ utc.wa.gov, if you would like additional information. Sincerely, Steven W. King Executive Director and Secretary cc: John Shurson and Richard Wagner, BNSF Railway Co. Cody Swan, Whatcom County Public Works FRA Associate Administrator for Safety Christine Adams, FRA Crossing and Trespass Manager Kurt Laird, Amtrak Ahmer Nizam, Washington State Department of Transportation 901 �}I}I}I rI1 FL LU m IX LU ao >za y w z m N LL W ul p $ k¢-' m W __.._... Q a z w z--;." U m Dery rn O x O� U U O qa p fn o ¢ Up W Z}rcm i z z F yyY W - •• %/ ON o :,1 Ul Al u �, f } A Y z 1 / O .._._:.___...._act'[ ...... i p i s. m wz Rl .11✓ j , om�- C > 1 8� 8 :: 57 CD U.S. Department of Transportation FXIP rfiTUP Mel! MUM DEC 19 , 2016 Mr. Joseph P. Rutan County Engineer/Assistant Director Whatcom County Public Works Department 322 North Commercial Street, Suite 301 Bellingham, WA 98225-4042 1200 New Jersey Avenue, SE Washington, DC 20590 D EC 2016 Re: TT4R-00000044000I (U.S. DOT National highway -Rail Crossing Inventory Number 084796F) Dear Mr. Rutan: The Federal Railroad Administration (FRA) reviewed the public authority application you submitted on behalf of Whatcom County (County), Washington, under Title 49 Code of Federal Regulations (CFR) Section 222.39(b). The County is seeking FRA's approval of the proposed effectiveness rate for the alternative safety measure (ASM) at the Yacht Club Road crossing. The proposed ASM at the Yacht Club Road crossing will consist of 100 feet of channelization on the east side of the crossing.' The west side of the crossing will be equipped with 35 feet of channelization due to an intersecting street within 60 feet of the gate arm. The County suggested a 15 percent reduction in risk. However, FRA has determined that an effectiveness rate of 0.59 is more appropriate due to the lengths of the channelization. After recalculating the risk index -using the revised effectiveness rate, FRA approves the County's application. FRA has determined that implementation of the proposed ASM, as described in the application, will result in a Quit-t 7�nr; Risk hiJey of 7 76A Thi.c indey is lielnw the Risk Index With Horns (the risk that would be present if the horns were still sounding) of 17,730. The County may submit its Notice of Quiet Zone Establishment consistent with 49 CFR 222.43, What notices and other information are required to create or continue a quiet zone?, after implementation of the proposed ASM described in the application and compliance with all applicable quiet zone requirements in 49 CFR 222.25, How does this rule affect private highway - rail grade crossings?, 222.27, How does this rule affect pedestrian grade crossings?, and 222.35, What are the minimum requirements,for quiet zones? In addition, 49 CFR 222.39(b)(1)(vi) requires the County to provide a con mitment to implement the safety 1 The County stated that approxiniately 20 feet from the gate ar n there will be a 1-foot or less gap in the channelization to allow for drainage. A-01 2 improvements it proposed in the public authority application. Thus, FRA's approval is conditioned upon implementation of the safety improvements described in the County's application. If you have any questions or need additional information, please contact Mr. Ron Ries, Staff Director, Highway -Rail Crossing and Trespasser Programs Division, at (202) 493-6285 or Ronald.Ries@dot.gov. Sincerely, Karl Alexy Director, Office of Safety Analysis cc: Ms. Kathy Hunter, Washington Utilities and Transportation Commission Ms. Elizabeth F. Klute, National Railroad Passenger Corporation Mr. Richard W. Wagner, BNSF Railway W Cuff WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-039 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator �r 7 P 3 li I� J � 01/10/17 Intro 01124117 Finance Divisiata Head: Committee; JAN 03 2016 VS��g HA C' COUNTY COUNCIL Council Dept. Head: Prosecutor: �( 61103 l7 Purchasing/Budget Executive: /\-0 1 A TITLE OF DOC[, : 017 Supplemental Budget Request #1 ATTACHMENT . Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #1 requests funding from the General Fund: 1. To appropriate $25,500 in Health to fund Social Research project from Whatcom Community Foundation grant. 2. To re -appropriate $10,302 in Health to fund HPV vaccine program from Group Health grant. From the Chemical Dependency /Mental Health Fund: 3. To re -appropriate $89,500 to fund lower level remodel —Girard Street Emergency Management Fund: 4. To appropriate $45,000 to fund WUECC Situational Assessment Management System from grant proceeds. COMMITTEE ACTION. COUNCIL ACTION: 1/10/2017: Introduced 6-0, Sidhu absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 61 PROPOSED BY: Executive INTRODUCTION DATE: 01/10/17 ORDINANCE NO. AMENDMENT NO. 1 OF THE 2017 BUDGET WHEREAS, the 2017-2018 budget was adopted December 6, 2016; and, WHEREAS, changing circumstances require modifications to the approved 2017-2018 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 2017-2018 Whatcom County Budget Ordinance #2016-068 is hereby amended by adding the following additional amounts to the 2017 budget included therein: Fund Expenditures Revenues Net Effect Health 35,802 (40,302) (4,500) Total General Fund 35,802 (40,302) (4,500) Chemical Dependency / Mental Health Fund 89,500 89,500 Emergency Management Fund 45,000 45,000 Total Supplemental 170,302 (40,30?)l 130,000 ADOPTED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk IROVED AS TO FORM: Civil Deputy Prosecutor Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\B6U1 GET\SUPPLS\2017_Suppl\Supplementa1 #1-2017.docx WHATCOM COUNTY Summary of the 2017 Supplemental Budget Ordinance No. 1 Department/Fund Description Increased (Decreased) Ex end iture (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease General Fund Health To fund Social Research project from Whatcom Community Foundation grant. 25,500 (30,000) (4,500) Health To re -appropriate funding for HPV vaccine program from Group Health grant. 10,302 (10,302) Total General Fund 35,802 (40,302) (4,500) Chemical Dependency / Mental Health Fund To re -appropriate funds for lower level remodel - Girard Street. 89,500 89,500 Emergency Management Fund To fund WUECC Situational Assessment Management System from grant proceeds. 45,000 45,000 Total Supplemental 170,302 (40,302) 130,000 63 Supplemental Budget Request Status: Pending Health Community Health Supp7 ID # 2230 Fund 1 Cost Center 621205 Originator. Patty Proctor Expenditure Type: One -Time Year 1 2017 Add'1 FTE ❑ Add'I Space ❑ Priority Name of Request. Children and Family Assessment Departme ead Signature (Req 're on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4367.1000 Donations ($30, 0 6610 Contractual Services $25,500 Request Total ------------------- ----- ($4,500) 1a. Description of request: The Community Health division of the Health Department plans to conduct a social research project to learn what families of children prenatal to age three are currently experiencing focusing on their strengths, assets, resources and needs. This will provide information that will help our community focus in on creating safe, stable and nurturing relationships and environments for children in Whatcom County. Qualitative data from families will be used in tandem with data from our Community Health Status Assessment to convene community members and stakeholders to review the assessment findings and develop an implementation plan for change. 1 b. Primary customers: Those in our community that have an interest in improving community supports and services for families with young children, including: -Community service providers -Systems leaders -Community organizations -Families 2. Problem to be solved: Through the Community Health Assessment (2011) and other local efforts, there is growing recognition that a significant number of families in Whatcom County are experiencing high levels of stress due to economic instability, housing challenges, mental health and substance use issues, strained family relationships, and challenging social contexts. Manifestations of significant family stress can be seen in our child abuse and neglect rates, child development outcomes, readiness for school statistics, and increasing behavior challenges seen in pre-school and school -aged children. Our community understands these issues impact some populations more than others, leading to an "uneven start" for some children and families in Whatcom County. In order to optimize child development, promote school readiness, and help our children and families thrive, our community must provide families the support they need to nurture their children and buffer or reduce toxic stress. In particular, we must find a way to support our most vulnerable families. In order to provide a foundation for this work, it is necessary to collect information directly from families about their strengths and needs. Currently, very little is known about the period between birth and kindergarten. In fact, the time of birth is often the last reliable point of contact between a family and system of community services before a child enters kindergarten. 3a. Options /Advantages: While the Community Health Assessment can identify data trends and pockets of vulnerability, the design of it is intentionally broad. Through a well -designed social research project, we aim to gather in-depth Wednesday, December 21, 2016 Rpt: Rpt Suppl Regular NV i Supplemental Budget Request Status: Pending Health Community Health Supp7 to # 2230 ' Fund 1 Cost Center 621205 Originator. Patty Proctor information about and from the families in Whatcom County and find the best leverage points for our community to take action to support families and young children, especially those families that are most vulnerable to poor outcomes. 3b. Cost savings: This supplemental budget request is to accept funds from the Whatcom Community Foundation in order to engage consultants in work that adds to our current divisional capacity and goals. The proposal is cost neutral but will provide gains in productivity 4a. Outcomes: -increase our understanding of the current experiences of young families (prenatal to 3 years) in Whatcom County focusing on challenges, opportunities, hopes and dreams. -Identify gaps in services and supports, including utilization of existing services. -Provide a foundation for cross -sector collaboration and system change focused on young children and families 4b. Measures: The success of this funding will be measured by the successful completion of a family assessment project to increase our understanding of families with children prenatal to age three. 5a. Other Departments/Agencies: The Health Department is the lead for this work and will be collaborating with external agencies and coalitions including: The Opportunity Council, Whatcom Early Learning Alliance, First Steps Coalition and Whatcom Taking Action 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Grant from Whatcom Community Foundation Wednesday, December 21, 2016 Rpt: Rpt Suppl Regular 65 Supplemental Budget Request Status: Pending Health Communicable Disease & Epidemiology Supp'l ID 4 2229 Fund 1 Cost Center 627215 Originator. Patty Proctor Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority Name of Request. HPV Immunization Project Group Health 9 X Departme- - -ead Signature ( quired on Hard Copy Submission) Date Costs: I Object Object Description Amount Requested 4367.1000 Donations ($10,302) I 6340 Books-Publications-Supsc $3,500 7140 Meeting Refreshments $6,802 Request Total $0 i,I 1 a. Description of request: This is a resubmission of a supplemental budget from 2016. The project did not complete by the end of 2016. This project will promote disease prevention/immunization with emphasis on increasing rates of HPV vaccine. Our strongest attribute lies with our community partners. We participate in Washington State's Vaccine for Children program and consult with over 30 health care clinics to ensure safe and viable vaccines. Our ties to the local university and to our school districts are strong and we have worked with both entities in the past to hold mass vaccination clinics during outbreaks and as immunization needs have been identified. 1 b. Primary customers: Whatcom County healthcare providers 9 to 26 year olds and parents. 2. Problem to be solved. Low vaccine rates for human papilloma virus vaccine which can prevent most genital warts and most cases of cervical cancer. 3a. Options /Advantages: The goal of this grant is to provide an infrastructure to educate healthcare providers, adolescents and parents about HPV infection and HPV vaccine. Vaccination for HPV is highly recommended but is not required by law in Washington State. It is also a newer vaccine approved in 2006, many adolescents start the series of three injections but do not complete. Reasons cited by parents for not vaccinating or not planning to vaccinate their adolescent include: lack of knowledge about the vaccine, belief that the vaccine is not necessary, concerns about safety of the vaccine and side effects, it was not recommended to them, and their adolescent is not sexually active. "HPV infection in the U.S. is widespread; there are more than 14 million new infections annually, and it is estimated that 50% of sexually 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: Wednesday, December 21, 2016 Rpt: Rpt Suppl Regular «01 Supplemental Budget Request Status. Pending Health Communicable Disease & Epidemiology supo r io # 2229 Fund 1 Cost Center 627215 Originator: Patty Proctor 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: The program is funded by a Group Health grant received in 2016 for $45,000. A portion of the funds were spent in 2016 and the balance will be in 2017. Supplemental Budget Request status: Pending Health Human Services Supp'l ID # 2228 Fund 124 Cost Center 124100 Originator. Patty Proctor Expenditure Type: One -Time Year 1 2017 Add-1 FTE ❑ Add'1 Space ❑ Priority 1 Name of Request: Lower Level Remodel - Girard DepartrAie Head Signatureuired on Hard Copy Submission) Date Costs., Object Object Description j Amount Requested I 6190 Direct 6illmg Rate $3 000 6510 Tools & Equip $10 000 Minor Remodeling ; $75 000 .. _ j 7190 , ---- ---- Other Miscellaneous ! $1,500 { I Request Total $89,500 1a. Description of request: This request will fund the creation of four additional staff offices in the lower level of the Girard Street Health Department buidling. This remodel addresses immediate space shortages that would have been addressed in the multi building remodel and move that has been put on indefinte hold. This request was made and approved in 2016. However, the work has been delayed and requires a request for 2017. 1b. Primary customers: Human Services staff within the Health Department 2. Problem to be solved: Large open spaces in the lower level are currently underutilized. Minor upgrades that create dedicated office spaces will allow for full utilization of space. Staff meet with community members and clients and have a need for confidentail space that currently is not available. 3a. Options /Advantages: The offices will allow for confidential meetings with citizens. 3b. Cost savings: 4a. Outcomes: Confidential space for staff meeting with public. 4b. Measures: 5a. Other Departments/Agencies: No 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Chemical Dependency and Mental Health Program Fund Monday, December 12, 2016 Rpt: Rpt Suppl Regrlar BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 To: From: Subject: Jack Louws, County Executive Sheriff Bill Elfo, Director of Emerge John Gargett, Deputy Director of Ei Supplemental Budget Request ID # 2231 WUECC Situational Assessment Management System Date: December 21, 2015 JEFF P RXS UNDERSHERIFF ;1AZT EDGE ClEFDEPUTY C:FTADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR WE�y J®NES u iG�� OF CORRECTIONS The attached Supplemental Budget Request seeks authority to purchase a Situational Assessment Management System for the Whatcom Unified Emergency Coordination Center to be funded by a Phillips 66 Corporate Citizenship General Grant. • Background and Purpose The Whatcom Unified Emergency Coordination Center (WUECC) is the single coordinated emergency point for all of Whatcom County and includes participation from the private sector and multiple political jurisdictions. The WUECC currently has very limited audio/visual capabilities for display of situational status during events. The display equipment that is in place is old and does not support the software that has been acquired by the WUECC, the Incident Action Plan (IAP) software made by the Response Group. This project will provide the display boards used with the Incident Action software which will provide the Incident Management Teams that respond to the WUECC the ability to manage and organize the entirety of an incident response from the necessary resources (personnel & equipment) to the finances and logistics. This will ensure that command officials have valid, up- to-the-minute data through the duration of an incident. During actual activations of the WUECC, the display boards will be used to brief community and partner leaders on the status of operations on a common display, providing a truly common operating picture. The WUECC will be supporting this effort by providing the briefing room, staffing and operating environment for use of this display system. The briefing room is a dedicated and secure operating environment. • Funding Amount and Source $45,000 from a Phillips 66 Corporate Citizenship General Grant. Please contact John Gargett or Frances Burkhart if you have any questions. Our Vision;, The Office of. Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Pu17btgSafety Supplemental Budget Request Status: Pending Sheriff Emergency Management Supp7 ID ff 2231 Fund 167 Cost Center 16786 Originator. Frances Burkhart Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: WUECC Situational Assessment Management System 1 a. Description of request. The Whatcom Unified Emergency Coordination Center (WUECC) is the single coordinated emergency point for all of Whatcom County and includes participation from the private sector and multiple political jurisdictions. The WUECC currently has very limited audio/visual capabilities for display of situational status during events. The display equipment that is in place is old and does not support the software that has been acquired by the WUECC, the Incident Action Plan (IAP) software made by the Response Group. This is the same software used by the US Coast Guard as well as the industry partners of the WUECC. This project will provide the display boards used for the display of the Incident Action software which will provide the ability for the Incident Management Teams that respond to the WUECC to be able to manage and organize the entirety of an incident response from the necessary resources (personnel & equipment) to the finances and logistics. This will insure that command officials have valid, up-to-the-minute data through the duration of an incident. The ability to have the necessary display boards will support pre -planning and facilitation of many types of Whatcom Counties incident management team drills/exercises both in Whatcom County as well as with our international partners in British Columbia and with our private sector partners. During actual activations of the WUECC, the display boards will be used to brief community and partner leaders on the status of operations on a common display, providing a truly common operating picture. The WUECC will be supporting this effort by providing the briefing room, staffing, and operating environment for use of this display system. The briefing room is a dedicated and secure operating environment. 1b. Primary customers: Whatcom County, Whatcom County Emergency Management Council members, City of Bellingham, and partner agencies that utilize the Whatcom Unified Emergency Coordination Center. 2. Problem to be solved. The Whatcom Unified Emergency Coordination Center (WUECC) is the single coordinated emergency point for all of Whatcom County and includes participation from the private sector and multiple political jurisdictions. The WUECC currently has very limited audio/visual capabilities for display of situational status during events. The display equipment that is in place is old and does not support the software that has been acquired by the WUECC, the Incident Action Plan (IAP) software made by the Response Group. This is the same software used by the US Coast Guard as well as the industry partners of the WUECC. Wednesday, December 21, 2016 Rpt: Rpt Suppl Regular 70 Supplemental Budget Request status: Pending Sheriff Emergency Management supp l ID # 2231 Fund 167 Cost Center 16786 Originator: Frances Burkhart 3a. Options /Advantages: Phillips 66 Corporate Citizenship General Grant was awarded to Whatcom County for the purchase of the Situational Awareness Management System for use in the Whatcom Unified Emergency Coordination Center. 3b. Cost savings: $45,000 in direct cost savings due to funding provided by Phillips 66. Additional indirect cost savings will result in the increased efficiency in gathering and disseminating information to support a shared situational awareness which will lead, in turn, to a more effective and coordinated response. 4a. Outcomes: The primary outcome of this project will be a Whatcom Unified Emergency Coordination Center that can brief on the status of incidents in a truly interactive manner. A second outcome will be the elimination of the need for the renting of similar equipment for drills, exercises and real -world events. 4b. Measures: The Situational Assessment Management System will be purchased, installed, and tested. 5a. Other Departments/Agencies: Whatcom County, Whatcom County Emergency Management Council members, City of Bellingham, and partner agencies that utilize the Whatcom Unified Emergency Coordination Center. 5b. Name the person in charge of implementation and what they are responsible for: N/A 6. Funding Source: WCSO-DEM received a Phillips 66 Corporate Citizenship General Grant in the amount of $45,000 to fund this project. The $45,000 check was received and deposited on 12/15/2016. Wednesday, December 21, 2016 Rpt: Rpt Suppl Regular 71 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 - 40 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator, 1/3/2017 1/10/2017 Introduction Division Head: 1/24/2017 Finance/Council Dept. Head: �-- �. Prosecutor.• Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Ord amend Ord20156-037 to extend due date for Incarceration Prevention Tsk Force 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.) Ordinance Amending Ordinance 2015-037, Which Amended Ordinance 2015-025(Establishment Of The Whatcom County Incarceration Prevention And Reduction Task Force) To Extend Due Dates For Delivery Of The Initial And Final Phase III Reports COMMITTEE ACTION: COUNCIL ACTION. 1/10/2017: Introduced 6-0, Sidhu absent 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. 72 Ord. Amending Incarceration Prevention and Reduction Task Force Phase III Report Delivery Dates PROPOSED BY: INTRODUCTION DATE: 1/1o/2o17 ORDINANCE 2017- ORDINANCE AMENDING ORDINANCE 2015-037, WHICH AMENDED ORDINANCE 2015-025(ESTABLISH MENT OF THE WHATCOM COUNTY INCARCERATION PREVENTION AND REDUCTION TASK FORCE) TO EXTEND DUE DATES FOR DELIVERY OF THE INITIAL AND FINAL PHASE III REPORTS WHEREAS, since 2015, the Incarceration Prevention and Reduction Task Force (the Task Force) and three subcommittees have met monthly; and WHEREAS, in January of 2016, the Task Force delivered its Phase I report to the Whatcom County Council; and WHEREAS, in October of 2016, the Task Force delivered its Phase II report; and WHEREAS, both reports were well developed and provided excellent information and proposals to reduce and prevent incarceration in Whatcom County; and WHEREAS, the authorizing legislation instructed the Task Force to deliver its Phase III report in March of 2017; and WHEREAS, completion of the Phase III report is dependent on not only the efforts of the Task Force, but also support from Whatcom County staff and expertise from outside consultants; and WHEREAS, the County Council recognizes that additional time is needed to property complete the work assigned in the report, including specific operational plans for implementation of appropriate crisis intervention, triage services and incarceration and reduction programs. .NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Task Force will deliver the initial Phase III report with sufficient details to proceed with construction and programming of a new or expanded crisis triage center no later than July 11, 2017. BE IT FINALLY ORDAINED that the Task Force will deliver the final Phase III report no later than December 5, 2017. APPROVED this day of ATTEST: Dana Brown -Davis, Clerk of the Council 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan Council Chair APPROVED AS TO FORWHATCOM COUNTY EXECUTIVE / WHATCOM COUNTY, WASHINGTON Civil Deputy Prosecutor Jack Louws, County Executive ) Approved ( ) Denied Date Signed: 73 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2017-044 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JNT 1-3-2017 �C - L J1 January 24, 2017 Finance; Council as BOS Division Head: � �� �`� d �� Dept. Head: t W HAy OM COUNTY 01 /ll /% Prosecutor: / COUNCIL bb 1/04/2017 Purchasing/Budget: A Executive: '4� 1 . / —7 TITLE OF DOC Contract between Applied Geomorphology, Inc. and Whatcom County Flood Control Zone District for a geomorphic assessment of the lower Nooksack River. ATTACHMENTS: 1. Scope of Work 2. Insurance Certificate SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This contract between Applied Geomorphology and Whatcom County Flood Control Zone District is for the preparation of a detailed geomorphic assessment of the Lower Nooksack River from near Deming downstream to Bellingham Bay in support of an update to the Comprehensive Flood Hazard Management Plan. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 74 WHATCOM COUNTY PUBLIC WORKS DEPT. 322 N. Commercial St., Suite 120 Bellingham, WA 98225-4042 (360) 778-6230 MEMORANDUM )on Hutchings Director RECEIVED JAN 112017 JACK LOUWS COUNTY TO: The Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Director �e FROM: Paula Harris, River & Flood Manager , Gary Stoyka, Natural Resources Mana e RE: Contract with Applied Geomorphology Inc. for a Geomorphic Assessment of the Lower Nooksack River DATE: January 6, 2017 Enclosed are two (2) originals of a contract between Applied Geomorphology Inc. and Whatcom County Flood Control Zone District (FCZD) for your review and signature. ■ Background and Purpose A detailed geomorphic assessment is needed for the lower Nooksack River from near Deming downstream to Bellingham Bay to support an update of the Comprehensive Flood Hazard Management Plan (CFHMP). The plan update will more fully integrate the needs of salmon habitat recovery and floodplain agriculture with flood hazard reduction. The proposed contract will provide for an assessment of the geomorphology of river reaches not previously analyzed and for the compilation of all existing and new data into a single comprehensive product for the full length of the lower Nooksack. Multiple stakeholder meetings will be used to harness local knowledge related to floods, fish, and agriculture and to incrementally build stakeholder knowledge as an integrated floodplain management plan update progresses. ■ Funding Amount and Source The proposed contract is for $150,000 and the expenditure authority was included in the 2016 FCZD budget; while the consultant was selected in 2016, there was insufficient time to develop the proposed agreement for approval under the 2016 budget. The 2017 FCZD budget includes expenditure authority for other components of the CFHMP that are yet to be contracted; this budget authority will be reallocated to cover the proposed contract and a supplemental budget will be brought forward to re-establish the budget authority for the remaining CFHMP components. The Nature Conservancy has secured a grant through the National Oceanic and Atmospheric Association (NOAA) which will provide funding to reimburse the FCZD for $50,000. After the first year, an additional $50,000 may be provided if our progress is acceptable to the granting agency. A separate subrecipient agreement for this funding will be forthcoming. Please contact Paula at extension 6285, if you have any questions or concerns regarding the terms of this agreement. End 75 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 20 l 7 0 10 0 6 Originating Department: Public Works Division/Program: (i.e. Dept. Division and Program) River & Flood Contract or Grant Administrator: John N. Thompson, PW - NR Contractor's / Agency Name: Karin Boyd / Applied Geomorphology Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes �j 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): Partial grant funding — in process Is this contract the result of a RFP or Bid process? Contract Yes ® No ❑ If yes, RFP and Bid number(s): RFQ 16-01 Cost Center: 169104 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ® Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $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 Council approval required for; all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ 150,000 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, professional services, or $ other capital costs approved by council in a capital budget appropriation ordinance. Total Amended Amount: $ 3. Bid or award is for supplies or equipment included approved in the budget. 4. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: This contract between Applied Geomorphology and Whatcom County Flood Control Zone District is for the preparation of a detailed geomorphic assessment of the Lower Nooksack River from near Deming downstream to Bellingham Bay in support of an update to the Comprehensive Flood Hazard Management Plan. Term of Contract: January 25, 2017 TExpiration Date: June 30, 2018 Contract Routing: 1. Prepared by: John N. Thompson Date: 2. Attorney signoff. Daniel L. Gibson Date: 3. AS Finance reviewed: bbennett Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: ey Date: 6. Submitted to Exec.: Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: 1/03/2017 01103117 01/04/17 17 76 Whatcom County Contract No. r � ' �' °� ,x d®l701®06 Y v� �+ J 1 h „ 4 F �. CONTRACT FOR SERVICES Lower Nooksack River Geomorphic Analysis Applied Geomorphology, Inc., hereinafter called Contractor, and Whatcom County Flood Control Zone District, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8, Exhibit A (Scope of Work), pp. 9 to 11, Exhibit B (Compensation), pp.12-14, Exhibit C (Proposed Schedule), p.15 Exhibit D (Insurance Certificate), p.16. 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 25t" day of Janua , 2017, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31s' day of December, 2018. The general purpose or objective of this Agreement is to prepare a geomorphic assessment of the Nooksack River from near Deming downstream to Bellingham Bay, as more fully and definitively described in Exhibit A — Scope of Work, 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 $150,000 . The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this D day of S P� 20 4 . Cderi-P,If-Till%I.A Applied Geomorphology, Inc. M j Karin Boyd, Ownerv. STATE OF MONTANA ) ) ss. COUNTY OF((3 On this or, day of 20 1 l before me personally appeared 1</,, , i , —1 to me known to be the &�'orn�� u (title) of - (Company) and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. L, e c, ,, �L / SNAUNA CutzTa NOTARY PUBLIC in and for the State of Montana, residingat A �W�,�up ,, NOTARY PUBLIC for the State of Montana 5�'7n�t�� n. My commission expires SEAL. ; Residing at '. t - Bozeman, Montana ` 1 ply Commission Expires -, v, March 24, 20's 77 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT: Recommended for Approval: Jon Hutchings Date Public Works Department Director Approved as to for , Daniel Gibson Date Chief Civil Deputy Prosecuting Attorney Approved: Accepted for Whatcom County Flood Control Zone District: By: Jack Louws, Whatcom County Executive, acting for the Whatcom County Flood Control Zone District Board of Supervisors STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2017, 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: Applied Geomoroholoov. Inc. Karin Boyd, Owner Address: 211 N. Grand Ave, Suite C_ Bozeman, MT 59715 Mailing Address: Same Contact Name: Karin Boyd_ Contact Phone: (406) 587-6352 Contact FAX: N/A Contact Email: kboyd@appliedgeomorph.com NX 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: Not Applicable 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses 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 rate 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 79 obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting_ 0 The performance of all activities contemplated by this agreement shall be accomplished by the Contractor and its subcontractors Elements Solutions, Northwest Hydraulic Consultants (NHC), and DTM Consulting. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 32.1 Confidentiality: Not Applicable 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: 1) Commercial general liability insurance with the following minimums: Property Damage - $300,000.00 per occurrence; General Liability & Bodily injury- $1,000,000.00 per occurrence. A Certificate of insurance that also identifies the County as an additional insured on the above stated policy is attached hereto as Exhibit "D". This insurance shall be considered as primary and non-contributory, and shall waive all rights of subrogation. The County insurance shall not serve as a source of contribution. 2) 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, attorneysfees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: 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: Paula Harris, River & Flood Manager 322 N. Commercial St., Suite 120 Bellingham, WA 98225-4042 (360)778-6285 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment, Suspension Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: The Contractor further certifies, by executing this contract, that neither it nor its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "Excluded Parties List System in the System for Award Management (SAM) website is available to research this information at WWW.SAM.GOV. Contractor shall immediately notify Whatcom County if, during the term of this Contract, Contractor becomes debarred. 38.3 E-Verify: Not applicable. Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable ;7 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. 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. 0 EXHIBIT A - Scope of Work Lower Nooksack Geomorphic Assessment Scope of Work Applied Geomorphology Inc. December 16, 2016 The objective of this project is to provide a geomorphic assessment of the lower Nooksack River from near Deming to Bellingham Bay. The geomorphic baseline that will be developed will integrate previous relevant studies and ultimately support the ongoing development of an integrated approach to both risk reduction and salmon habitat recovery on the river. This information will then be used to help update The Whatcom County Flood Control Zone District's Lower Nooksack Comprehensive Flood Hazard Management Plan (CFHMP). The CFHMP updating process includes extensive stakeholder involvement in an effort to gain understanding and support from a wide range of perspectives and concerns, such as flood management, salmon recovery, and active agricultural land uses of the floodplain. A lower mainstem habitat assessment and planned updates to the WRIA 1 Salmonid Recovery Plan will also draw from the results of this assessment. Task 1--Project Kickoff and Initial Field Review Attend a project kickoff meeting in Bellingham. The meeting will be held to clarify scoping elements, discuss supporting data sources, identify parallel efforts that are generating relevant data, and refine the project schedule (Exhibit B). This meeting would also include a reach -level field visit to gain overall site familiarity. Task 2—Data Compilation Compile and review existing data, including GIS datasets, reports, and other relevant information. Compile the following maps and imagery into one project. Data stored in-house from the Upper Reach 4 assessment will be complimented with other available datasets. The data sources will be summarized to identify timeframes for historic analyses, identify gaps in historical imagery, and fill those gaps as possible. Identify sources of potential supporting data and provide data requests to appropriate parties. The following seven timeframes, which match those of the Upper Reach 4 assessment, will be analyzed to the extent provided by the coverage: 1. Pre-1900 (1885 in Upper Reach 4). 2. 1930's (1933 in Upper Reach 4) 3. 1950s 4. 1970s 5. 1990s 6. 2002 7. 2013 8. 2015 9 �-*V In addition to imagery and maps listed above, additional other relevant spatial data related to topography, physical features mapping, habitat mapping, flood mapping, hydraulic analysis, channel morphology etc. will be compiled into a single GIS project to support the Geomorphic Analysis. Task 3—Geomorphic Analysis Perform a baseline geomorphic evaluation of the project reach. Focus on remote analysis using aerial imagery, LiDAR, and other mapping layers to document rates and patterns of geomorphic change in the project reach. This task will provide a comprehensive review of the geomorphology of all reaches, and support the additional work of Task 4. It will bring Reaches 1-4 to the same baseline generated previously in Upper Reach 4. 1. Subdivide the project reach into geomorphic subreaches. Summarize baseline background conditions for each reach: a. Geologic influences b. Glacial history c. Hydrologic history d. History of channel modifications (eg dredging, gravel mining, or channelization) e. History of levee construction f. History of bank armoring For each reach, summarize the following geomorphic parameters: a. Channel and floodplain slope b. Channel pattern (braiding parameter and planform attributes) c. Channel size d. Channel morphology e. Estimated age of riparian stands f. Substrate g. Bankline migration rates and patterns h. Evidence of pre-1880's channel and floodplain condition i. Floodplain connectivity and associated geomorphic processes Use results to evaluate trends in channel form, riparian establishment/recruitment rates, avulsion history and risk. Integrate physical influences such as hydrologic history, geology, human influences, and any other relevant factors. Develop cause- and effect relationships as possible. Compile results in a technical memorandum and present to stakeholders. Deliverable: Interim deliverable describing results of baseline geomorphic analysis. Task 4—Evaluate Additional Geomorphic Parameters to Support Habitat Assessment In support of the habitat analysis, perform a more detailed assessment of the following: 1. Role of Large Wood a. History of wood management/removal b. Role of wood in habitat creation (association of wood with other morphologic units) c. Persistence of wood (as was done by Pittman in Lower Reach 4) Riparian habitat and wood recruitment potential a. Riparian age classes 10 0 b. Floodplain turnover and wood recruitment potential 3. In -stream habitat a. Morphologic habitat types Work with those involved in the salmon recovery plan to identify any additional relevant parameters. Provide strategic support to expand the salmon habitat assessment effort to a broader scale. Data will be compiled and consistent between Reaches 1-4. Results will be presented at a stakeholder meeting when Task 3 results are also presented. Task 5 — Technical Assistance Throughout the term of this agreement, the District may call upon the Contractor to perform specific professional services to support the geomorphic assessment process as needed. Anticipated services will likely include: • Additional analysis to respond to stakeholder input • Attendance and participation in additional stakeholder meetings beyond those identified in the detailed task table in Exhibit D. In each instance, a separate task order will be prepared, each being separately subject to the terms and conditions of this Agreement. The task order will define (1) Specific scope of services to be performed, (2) Proposed schedule of services, and (3) Estimated cost of services (budget) pursuant to the rate schedule in Exhibit C. Each task order will be mutually agreed upon by the District and the Contractor, subject to the terms and conditions within this Agreement and will be executed by an authorized representative of each party. Task 6—Integration of Results with Flood Control Strategies Evaluate flood control strategies with regard to their influences on geomorphic processes and habitat - related parameters. Consider anticipated geomorphic trajectories both site specifically and in a broader floodplain management context. Provide site -scale recommendations for modifying existing infrastructure to achieve ecological gain and reduce flood risk and maintenance requirements. On a broader level, provide recommendations regarding management strategies that will optimize geomorphic function, system resilience, and habitat sustenance. Provide recommendations for further steps. Task 7—Reporting Prepare and present a draft report. Request comments and make revisions as necessary. Prepare and present a final report. This task includes budgeting for two additional stakeholders meetings. Deliverables Deliverables will include a technical memorandum (digital .pdf) upon completion of Task 3. This deliverable and associated comments will be incorporated into the draft report. The draft report (digital .pdf) will be submitted for comments. With comments addressed, the final report will be delivered as two hard copies, and as a digital .pdf on DVD with the supporting ARCMap geodatabase. 11 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 in the Rate Schedule below and as further described in the Detailed Task Table, also below. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed. Mileage is to be reimbursed at the 2017 IRS rate; lodging and per diem will be reimbursed at a rate not to exceed the GSA rate for the location at which services are provided. Reimbursement for air travel will be at coach rates. Other expenditures such as printing, postage and telephone charges shall be reimbursed at actual cost. The Contractor will invoice monthly. Invoices will include hours work 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 $150,000. 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. RATE SCHEDULE Project Manager, Lead 140 Geomorphologist Project Geomorphologist 125 Project Geomorphologist 118 GIS Support 115 Fisheries Support 80 NHC Internal Review 238 12 DETAILED TASK TABLE Q fll M Cn � O O a E a oro 20 a o E � aE 0 Z O aN O U N O Tasks COC O a w O c9 ¢ 7 NO E N ¢ w Uca)FM z jOC o U-F�- OWork v Houry Rate $ 140.00 $ 125$ 116.3 80.00 $ 237.62 1.0 Task 1: Project Management, Project Kickoff and Initial Field Review 1.1 Project Management 20 $ 2,800.00 1.2 Review Existing Information 6 2 $ 1,090.00 1.3 Attend kickoff meeting in Bellingham 12 4 4 $ 2,645.40 1.4 Field Review 4 4 4 $ 1,525.40 Task 1,0 Sub -Totals 42 10 8 0 0 0 $ 8,060.80 2.0 Task 2: Data Compilation 2.1 Compile Data into GIS 10 $ 1,150.00 2.2 Identify data gaps 2 $ 230.00 2.3 Fill data gaps 3 2 8 $ 1,590.00 Task 2.0 Sub -Totals 3 2 0 20 0 0 $ 2,970.00 3.0 Task 3: Geomorphic Analysis 3.1 Subreach delineation 6 2 $ 1,090.00 3.2 Hydrologic History 2 6 $ 1,030.00 3.3 Geologic/Glacial History 2 6 0 $ 1,030.00 3.4 History of channel modifications 8 2 2 $ 1,600.00 3.5 History offloodplain modifications 8 2 2 $ 1,600.00 3.6 Channel slope, pattern, size, substrate, and morphology 36 4 8 $ 6,460.00 3.7 Migration Rates- digitize banklines and analyze movement 32 0 16 $ 6,320.00 3.8 Pre-1880s conditions 4 4 2 $ 1,292.70 3.9 Floodplain connectivity and associated geomorphic processes 8 4 4 $ 2,085.40 3.10 Assess bank armor and flood control influences 16 8 4 $ 3,705.40 3.11 Evaluate and summarize spatial and temporal trends 32 4 4 $ 5,445.40 3.12 Summarize results into technical memorandum 16 4 4 5 $ 3,780.40 3.13 Present Results at Stakeholder Meeting #1 16 4 1 4 1 $ 3,205.40 Task 3.0 Sub -Totals 186 50 22 33 0 0 $ 38,644.70 4.0 Task 4: Evaluate Geomorphic Parameters to Support Habitat Assessment 4.1 Meet with salmon recovery team to refine assessment methodology 2 8 12 $ 2,240.00 4.2 History of wood management/removal 2 12 $ 1,780.00 4.3 Role of wood in habitat creation 8 12 $ 2,620.00 4.4 Persistence of wood 4 12 $ 2,060.00 4.5 Riparian age classes 6 32 $ 4,840.00 4.6 Wood recruitment rates/pattems 6 16 $ 2,840.00 4.7 Instream habitat -morphologic habitat types 6 16 8 $ 3,760.00 4.8 Evaluate and summarize spatial and temporal trends 4 16 6 16 $ 5,098.10 4.9 Summarize results and Present at Stakeholder Meeting #1 8 16 1 1 $ 3,120.00 Task 4.0 Sub -Totals 46 140 6 24 12 0 $ 28,358.10 5.0 Task 5. Provide Additional Technical Support As Necessary 5.1 Identify needs summarize requests 8 $ 1,120.00 5.2 Develop Task Orders 8 $ 1,120.00 5.3 Perform Additionanal Analyses 36 36 36 8 4 $ 15,599.08 5 44 Attend Additional Stakeholder Meetings 16 8 8 $ 4,170.80 Task 4.0 Sub -Totals 68 44 44 8 0 4 $ 22,009.88 6.0 Task 6. Evaluate Flood Control Strategies 6.1 Evaluate relationships between flood control and geomorphology 8 4 4 2 $ 2,315.40 6.2 Identify site specific strategies 6 6 6 2 $ 2,518.10 6.3 Identify broad strategies 6 6 6 2 $ 2,518.10 6.4 Perform additional analyses as necessary 8 8 8 2 $ 3,280.80 6.4 Summarize Results and Present at Stakeholder Meeting #2 16 6 4 2 $ 3,685.40 6.5 $ - Task 5.0 Sub -Totals 44 30 28 10 0 0 $ 14,317.80 7.0 Task 7. Reporting $ - 7.1 Prepare Draft report 32 16 4 $ 6,945.40 7.2 Present Results at Stakeholder Meeting #3 16 4 4 4 $ 3,665.40 7.3 Address Comments 6 6 2 4 $ 2,140.00 7.4 Finalize Report 16 8 4 4 $ 4,020.00 7.4 Present Results at Stakeholder Meeting #4 16 4 $ 2,740.00 7.5 1 Allow for two extra meetings 20 10 $ 4,050.00 Task 6.0 Sub -Totals 106 48 8 10 8 0 $ 23.560.80 13 N over N©is�Gk Ri�ir ��tsmotpt�ic �1sss�s►x# 811# Ap�7lietl G�dm�rp�oln�y, inc ' Task No. Work Tasks uantit Unit Cost Total All Meetings $ Airfare 6 $ 450 $ 2,700.00 Lodging 8 $ 110 $ 880.00 PerDiem 8 $ 30 $ 240.00 3 and 4 One drone flight to collect oblique photos 1 $ 4,500 $ 4,500.00 5.0 Additional drone flight based on stakeholder input 1 $ 4,500 $ 4,500.00 6.0 Printing and Binding 400 $ 0.50 $ 200.00 $ - TOTAL DIRECT COSTS $ 13,020.00 14 a EXHIBIT C— Proposed Schedule Schedule The project schedule is intended to provide achievable milestone dates based upon the estimated level of effort for each task and availability of project team members. The schedule may shift as the project progresses and additional stakeholder input is received. July 1 July 1 Dec 1 September 30, 2018 15 4 EXHIBIT D — INSURANCE CERTIFICATE CIA CERTIFICATE OF LIABILITY INSURANCE Roc 1%3�2 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AtIETID. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT COMMUTE A CONTRACT BETWEEN THE ISSUNG INSURERCS), AUTHORIMD REPRESENTATIVE OR PRODUCER. AND THE CERT>FICATE HOLDER. IMPORTANT: Itthe owliftafe holder N an ADDITIONAL INSURED, the poley(les) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WANED, aulod to the terms and aoFFdl uns of the policy. cadmin poikles may mWire an endmsernent. A atminni FR on this Car6fiC0e does not confer dghts to We eerdfiaih holder in lieu esuch e nmm NORTHEAST AGENCIES INCpPFIS 214608 P:(866) 467-8730 F:(888) 443-6112 301 WOODS PARK DRIVE CLINTON NY 13323 ;rw * (866) 467-8730 r+9: (888p 4$3-6112 &ffJe3MAffCrJWQQMffV.E NNrs NMAMA: Hartford Casualty Ina Co 2424 wow% APPLIED GEOMORPHOLOGY, INC. 211 N GRAND AVE STE C 13OZEMM MT 59715 netme:Evanston Insurance Company 35378 MAURG: fI AURD: IMPME: MRMMRF: COVERAGES CERTIFICATE NfIMEIML- REVISION NUINBER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NANED ABOVE FOR 'THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERN OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WM RESPECT TO WHICH THIS CERTIFICATE AWAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE MS, TO EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOIAM MAY HAVE BEEN REDUCED BY PAD CLAMS. IM2 Lnr 7M Anw eta: ncaxxM9� roFnzmr FaLACEaa Lam 00r RM#LGMEMLLFABILRY EAW OCCURREVU P1, 000, 000 GLAafSNM1DE MOCCUR tywAGETO RBIT® PRBItB�(9.aaa�aw} 300 000 r X X WDED+Vme FwK o l0, 000 A General I,iab 01 Sett RD6453 05/30/2016 05130/2017 PER90KAL&MVK TRY 1, 000, 000 GENL AGGREC,ATE LIMIT APPLES PHt• POI.IDY� x❑ LOC ROTHER OMMALAMRSOATE 2,000,000 PRDoums-OCLIPYCPAGG 2,000,000 A.UTOMM ElNB•.ITY cLEurr 1, 000, 000 RMLYIWIRYIPrpr+e,q ANYMM A BLMe3! 8MCDU ED AUR780NLY AUTOS 01 SEX RD5453 05/30/2016 05/30/2017 X 0WL:Y1NILRYLPe�eodd.q PROPERTY DAMAGE aw 4 L X HRED X NON-ONN� AUTOS ONLY AUTOS ONLY UMBRELLA LIAR OCCUR EACN O0OUId ENLE AGGREQUE E3CEeI LIAR CLAIMOMADE LIl21lJQYOD>QAKL>sef ANDMFERZOMPUya� P6L EFt RL\ME FR EL 66CMACCCENI MYPRDPRIEIDWARPNEPOOMPIVE YIN OFFCER.MEABERE)WAA E07 peE tali El JYA EL DI$EAS6 EA 9rPI1SNEE DE&CTBTIDN OFOFERAVONS6dvr EL DIBEASE-PDLl1.YLOST r B Professional Liab E0864737 09/26/2016 09/26/2017 41,000,000/$2,000,00o DEBfJWti 7R7ff OFOPEIMDQtRILOGliDAGIFFiACI�pICOfifl/H,IWear lMwla•BeiWils,nry 6��enwe �PaYnq�YMJ Those usual to the Insured's Operations. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 and the Hired Auto and Non Owned Auto Endorsement SSO438, attached to this policy. Wfu rWU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Whatcom Count Y BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACOORDANCE NTH THE POLICY PROVISIONS. AUT1A)A9=ABP%8I1SNrAYLLAB Flood Control Zone District 322 N COMMERCIAL ST STE 120 BELLINGHAM, WA 98225 W-1955-xu7e AU%MJI L:UKYLACA I TUN. AN ngMS F FYee. ACORD 26 PMGF031 The ACORD name and logo are Fegfabxed mart of ACORD Contract for Services Lower Nooksack River Geomorphic Assessment V2.0 We 92 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2017-045 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: E. Douglas ED 12122116 f [ 'ff G I 1 I.�7� �� 1� \/ 1124117 � inance/Council Division Head: G. Sto ka 1 i/ti 1- W HAT COUNTY Dept. Head: J. Hutchings 1 /1 _ 17 Prosecutor: 01111 /7 D. Gibson �"�-- COUNCIL Purchasing/Budget: MDC 01/10/17 M. Caldwell (� a %. J.XLouws 01' TITLE OF DOCUM . Interlocal and Subrecipient Agreement between Whatcom County and the Whatcom Conservation District for Non -Dairy Agriculture Technical Assistance ATTACHMENTS: ■ Memo ■ Contract Information Sheet ■ Interlocal Agreement SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Through this agreement, the Whatcom Conservation District will support the Whatcom County Pollution Identification and Correction (PIC) Program through offering technical assistance to landowners with non- dairy agricultural activities. Additionally, the Conservation District will provide data coordination services to assist with greater accessibility to water quality results for agencies and community members. 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. 93 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director MEMORANDUM NATURAL RESOURCES 322 N. Commercial, Suite 110 Bellingham, WA 98225 Telephone: (360) 778-6230 FAX: (360) 778-6231 www.whatcomcoun!yus TO: The Honorable Jack Louws, Whatcom County Executive, an RECEIVED Honorable Members of the Whatcom County Council JA N 112017 THROUGH: Jon Hutchings, Public Works Director JACKLOU FROM: Gary Stoyka, Natural Resources Manager COUNTY EXECUTIVE Erika Douglas, Senior Planner P RE: Interlocal/ Subrecipient Agreement between Whatcom County and the Whatcom Conservation District: Whatcom County Pollution Identification and Correction (PIC) Program Non -Dairy Agriculture Technical Assistance DATE: January 10, 2016 Please find enclosed for your review and signature two (2) originals of an interlocal/ subrecipient agreement, between Whatcom County and the Whatcom Conservation District, in the amount of $100,000 to provide support to the Pollution Identification and Correction (PIC) Program. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to sign the attached interlocal/ subrecipient agreement. Background and Purpose Through this agreement, the Whatcom Conservation District will support the Whatcom County Pollution Identification and Correction (PIC) Program through offering technical assistance to landowners with non-dairy agricultural activities to protect and improve water quality in PIC areas. Additionally, the Conservation District will provide data coordination services to assist with greater accessibility to water quality results for agencies and community members. Whatcom County received a grant amendment from the Washington State Department of Health to extend the non-dairy agriculture technical assistance component of the PIC program and establish a data coordinator position through a partnership with the Whatcom Conservation District. Funding Amount and Source This interlocal agreement will provide $100,000 to the Whatcom Conservation District to implement a technical assistance program and data coordination to support the Whatcom County PIC program. This agreement is fully funded through Washington State Department of Health interagency agreement N20989. Please contact Erika Douglas at extension 6294 if you have any questions regarding the terms of this agreement. Enclosures a WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET a ® 17 Q I _o 05- Originating Department: Public Works Division/Program: (i.e. Dept. Division and Program) Natural Resources- PIC Program Contract or Grant Administrator: Erika Douglas Contractor's / Agency Name: Whatcom Conservation District 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): N20989 CFDA#: 66.123 Is this contract grant funded? Yes X No ❑ If yes, Whatcom County grant contract number(s): 201411029-2 Is this contract the result of a RFP or Bid process? Contract Yes ❑ No X If yes, RFP and Bid number(s): Cost Center: 813002 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 $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. X Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract Council approval required for; all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ 100,000 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, professional services, or $ other capital costs approved by council in a capital budget appropriation ordinance. Total Amended Amount: $ 3. Bid or award is for supplies or equipment included approved in the budget. 4. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: Through this agreement, the Whatcom Conservation District will support the Whatcom County Pollution Identification and Correction (PIC) Program through offering technical assistance to landowners with non-dairy agricultural activities to protect and improve water quality in PIC areas. Additionally, the Conservation District will provide data coordination services to assist with greater accessibility to water quality results for agencies and community members. Term of Contract: January I I — December 31, 2017 Expiration Date: December 31, 2017 Contract Routing: 1. Prepared by: E. Douglas 1-)ate: ' ` 2. Attorney sign ����,; '� y�,;.L/ Date: 3. AS Finance reviewed: M Caldwell Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: 12/22/ 16 ',, 01/10/17 /- oa- /-7 Last edited 10/31/16 M VVIIGIVVt II VtJUI Sty \ WlILI C1%,L tMU. 2017 INTERLOCAL AND SUBRECIPIENT AGREEMENT WHATCOM COUNTY- WHATCOM CONSERVATION DISTRICT Pollution Identification and Correction (PIC) Program Non -Dairy Agriculture Technical Assistance WHEREAS, Whatcom County (County) and the Whatcom Conservation District (WCD or Subrecipient), desire to establish an arrangement wherein Whatcom County will provide funding to the WCD to provide technical assistance for the non-dairy agriculture best management practices component of the Whatcom County Pollution Identification and Correction (PIC) program to the mutual advantage of each jurisdiction; and, WHEREAS, the Drayton Harbor Shellfish Recovery Plan identified a coordinated water quality monitoring program to identify pollution sources and increased capacity for following up on monitoring findings as high priorities; and, WHEREAS, the Portage Bay Shellfish Recovery Plan identified a Whatcom County PIC program as the highest priority recommendation; and, WHEREAS, a PIC program is a data -driven program guiding pollution tracking activities to areas with the greatest water quality problems, followed by technical and financial assistance offered to landowners to implement fixes to improve and protect water quality; and, WHEREAS, agricultural activities have been identified as one priority source of bacteria in the Drayton Harbor, Portage Bay, and Birch Bay Shellfish Protection Districts; and, WHEREAS, the WCD provides local expertise and technical assistance to landowners with livestock and other agricultural activities using manure for nutrients to support development and implementation of farm plans; and, WHEREAS, the most efficient use of resources is to have the WCD supplement its technical assistance programs consistent with the specific needs of the Whatcom County PIC program as described in Exhibit A to help improve and protect water quality in the Drayton Harbor, Birch Bay, and Portage Bay Shellfish Protection Districts; and WHEREAS, Whatcom County has received grant funding from the Washington State Department of Health (DOH Interagency Agreement N20989-2) to enhance the Whatcom County PIC program which includes funding for WCD staff for non-dairy agriculture technical assistance and data coordination; and WHEREAS, it is in the best interest of each party to enter into this Interlocal Agreement. NOW THEREFORE, the WCD and County agree as follows: Purpose: The purpose of this agreement is to set the terms whereby the County will make available funds to the WCD so that the WCD will implement the non-dairy agriculture best management practices and data coordination components of the PIC program as described in Exhibit A attached hereto. Administration: No new or separate legal or administrative entity is created to administer the provisions of this agreement. III. Whatcom Conservation District Responsibilities: The WCD hereby agrees to implement the non-dairy agriculture best management practices and data coordination components of the PIC program as described in Exhibit A attached hereto. Page 1 of 40 0 IV. Whatcom County Responsibilities: The County hereby agrees to reimburse the WCD, not to exceed the total budget amount allocated to the WCD as shown in Exhibit B attached hereto, for the costs in providing and performing the services stated. V. Payment: Subrecipient shall submit itemized invoices in a format approved by the County in accordance with the requirements of Exhibit B. The County will compensate the WCD for services rendered within thirty (30) days following receipt of an approved invoice, provided all other terms and conditions of the contract have been met and are certified as such by the Contract Administrator. VI. Term: This Agreement shall be effective for services performed from January 11, 2017, through December 31, 2017, regardless of date of signature. VII. Responsible Persons: The persons responsible for administration of this Agreement shall be the Whatcom County Public Works (WCPW) Department Director and the WCD Executive Director or their respective designees. Vill. Treatment of Assets and Property: No fixed assets or personal or real property will be jointly or cooperatively acquired, held, used, or disposed of pursuant to this Agreement. IX. Indemnification: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to the Parties by reason of entering into this Agreement except as expressly provided herein. X. Modifications: This Agreement may be changed, modified, amended or waived only by written agreement executed by the Parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. XI. Applicable Law: In the performance of this Agreement, it is mutually understood and agreed upon by the Parties hereto that this Agreement shall be governed by the laws and regulations of the State of Washington and the federal government, both as to interpretation and performance. The venue of any action arising here from shall be in the Superior Court of the State of Washington in and for Whatcom County. XII. Severability: In the event any term or condition of this Agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. XIII. Special Terms and Conditions: This Agreement is funded by a contract between Washington State Department of Health (DOH or Department) and Whatcom County (DOH Contract N20989-2). The following terms and conditions from the DOH contract apply to this Agreement: ASSIGNMENT: The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION: The use or disclosure by any party of any information concerning a client obtained in providing service under this agreement ,shall_ be subject to Chapter 42.56 RCW and Chapter 70.02 RCW, as well as any other applicable federal and state statutes and regulations. Any unauthorized access or use of confidential information must be reported to the DOH IT Security Officer at (360) 236-4432. The notification must be made in the most expedient time possible (usually within 24 Page 2 of 40 M hours of discovery) and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. DISPUTES: In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, contract terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. GOVERNANCE: This contract is entered into pursuant to and under the authority granted by the laws ofthe state of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: • Applicable state and federal statutes and rules; • Special Terms and Conditions: EPA Administrative & Programmatic Conditions; • Federal Compliance, and Standard Federal Certifications and Assurances; • Statement of work, and; • Any other provisions of the agreement, including materials incorporated by reference. NONCOMPLIANCE: If a non -Federal entity fails to comply with Federal statues regulations, or the terms and conditions of a Federal award, the Federal awarding agency or pass -through entity may impose additional conditions, as described in §200.207 Specific conditions. If the Federal awarding agency or pass -through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or pass -through entity may take one or more of the following actions, as appropriate in the circumstances: • Temporarily withhold cash payments pending correction of the deficiency by the non -Federal entity or more severe enforcement action by the Federal awarding agency or pass -through entity. • Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. • Wholly or partly suspend or terminate the Federal award. • Initiate suspension or debarment proceeding as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a pass -through entity, recommend such a proceeding be initiated by a Federal awarding agency.) • Withhold further Federal awards for the project or program. • Take other remedies that may be legally available. PRIVACY: Personal information collected, used or acquired in connection with this contract shall be used solely for the purposes of this contract. Contractor and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as provided by law. Contractor agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. The Department and County reserve the right to monitor, audit or investigate the use of personal information collected, used or acquired by the contractor through this contract. The monitoring, auditing, or investigating may include but is not limited to "salting" by the Department. Contractor shall certify the return or destruction of all personal information upon expiration of this contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained inthe database. Page 3 of 40 Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The contractor agrees to indemnify and hold harmless the Department and the County for any damages related to the contractor's unauthorized use of personal information. RECORDS DOCUMENTS AND REPORTS: The parties to this contract shall each maintain books, records, documents and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. Such records shall be retained for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by the County, DOH, personnel duly authorized by DOH, the office of the state auditor, and federal and state officials so authorized by law, regulations or agreement. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. If the contract reimburses the Contractor for costs incurred in performance, the Contractor shall in addition maintain books, records, documents and other evidence of procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audits finding involving the records have been resolved. RIGHTS IN DATA: Unless otherwise provided, data, which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by DOH. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. RISK ASSESSMENT: Shall mean (2 CFR 200.331(b)) the County is required to evaluate each subrecipient's risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate sub -recipient monitoring described in paragraphs (d) and (e) of such factors as: A. The sub -recipient's prior experience with the same or similar sub -awards; B. The results of previous audits including whether or not the sub -recipient receives a Single Audit in accordance with Subpart F-Audit Requirements of this part, and the extent to which the same or similar sub - award has been audited as a major program; C. Whether the sub -recipient has new personnel or new or substantially changes systems; and D. The extent and results of Federal awarding agency monitoring (e.g., if the sub -recipient also receives Federal awards directly from a Federal awarding agency). SUBCONTRACTING: The subrecipient shall not enter into subcontracts for any of the work contemplated under this agreement without prior written approval of DOH and the County. SUSPENSION OF PERFORMANCE AND RESUMPTION OF PERFORMANCE: In the event contract funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the County may give notice to Subrecipient to suspend performance as an alternative to termination. The County may elect to give written notice to Subrecipient to suspend performance when the County determines that there is a reasonable likelihood that the funding insufficiency Page 4 of 40 • • may be resolved in a timeframe that would allow performance to be resumed prior to the end date of this contract. Notice may include notice by facsimile or email to Subrecipient's representative. Subrecipient shall suspend performance on. the date stated in the written notice to suspend. During the period of suspension of performance each party may inform the other of any conditions that may reasonably affect the potential for resumption of performance. When the County determines that the funding insufficiency is resolved, the County may give Subrecipient written notice to resume performance and a proposed date to resume performance. Upon receipt of written notice to resume performance, Subrecipient will give written notice to the County as to whether it can resume performance, and, if so, the date upon which it agrees to resume performance. If Subrecipient gives notice to the County that it cannot resume performance, the parties agree that the Contract will be terminated retroactive to the original date of termination. If the date Subrecipient gives notice it can resume performance is not acceptable to the County and DOH; the parties agree to discuss an alternative acceptable date. If an alternative date is not acceptable to the County and DOH, the parties agree that the Contract will beterminated retroactive to the original date of termination. SPECIFIC CONDITIONS: For purposes of this agreement, Whatcom Conservation District is considered a recipient and a non -Federal entity. A. The Federal awarding agency or pass -through entity may impose additional specific award conditions as needed, in accordance with (2 CFR 200.207) paragraphs (b) and (c) of this section, under the following circumstances: 1) Based on the criteria set forth in §200.205 Federal awarding agency review of risk posed by applicants; 2) When an applicant or recipient has a history of failure to comply with the general or specific terms and conditions of a Federal award; 3) When an applicant or recipient fails to meet expected performance goals as described in §200.210 Information contained in a Federal award; or 4) When an applicant or recipient is not otherwise responsible. B. These additional Federal award conditions may include items such as the following: 1) Requiring payments as reimbursements rather than advance payments; 2) Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance; 3) Requiring additional, more detailed financial reports; 4) Requiring additional project monitoring; 5) Requiring the non -Federal entity to obtain technical or management assistance; or 6) Establishing additional prior approvals. C. The Federal awarding agency, DOH, or the County must notify the non -Federal entity as to: 1) The nature of the additional requirements; 2) The reason why the additional requirements are being imposed; 3) The nature of the action needed to remove the additional requirement, if applicable; 4) The time allowed for completing the actions if applicable, and 5) The method for requesting reconsideration of the additional requirements imposed. Any specific conditions must be promptly removed once the conditions that prompted them have been corrected. SUBRECIPIENT: Shall mean a non -Federal entity that received a sub -award from a pass -through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A sub -recipient may also be a recipient of other Federal awards directly from a Federal awarding agency. (2 CFR 200.93) Whatcom Conservation District is considered a subrecipient for Federal award purposes. Page 5 of 40 100 TERMINATION: Either party may terminate this Agreement upon 30 days prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement priorto the effective date oftermination. TERMINATION FOR CAUSE: If for any cause, either party does notfulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately bywritten notice of the aggrieved party to the other. In addition, WCD is subject to all applicable grant requirements described in Exhibit C. Contract Information, Exhibit D. Special Terms and Conditions -EPA Administrative & Programmatic Conditions, Exhibit E. Federal Compliance and Standard Federal Certifications and Assurances, and Exhibit F. Federal Assurances -Non Construction Programs. WCD shall sign the 1) Federal Compliance and Standard Certifications and Assurances and 2) Federal Assurances -Non -Construction Programs documents. XIV. Entire Agreement: This Agreement contains all the terms and conditions agreed upon by the Parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. XV. Recordation: Upon execution of this Agreement, Whatcom County shall file a copy of it with the office of its County Auditor pursuant to the requirements of RCW 39.34. IN WITNESS WHEREOF, the parties have signed this Agreement this day of 2017. Page 6 of 40 101 WHATCOM CONSERVATION DISTRICT By Larry Helm, WCD Chair Approved as to form: Office of the WCD Attorney STATE OF WASHINGTON ) COUNTY OF WHATCOM ) ss. WHATCOM COUNTY By Jack Louws, County Executive Approved as to form: 62) Whatcom County Prosecuting Attorney Director of Public forks On this day of , 2017, 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 My commission expires: STATE OF WASHINGTON ) COUNTY OF WHATCOM ) ss. On this day of , 2017, before me personally appeared Larry Helms, to me known to be the Chair of the Whatcom Conservation District 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: Page 7 of 40 102 EXHIBIT A - SCOPE OF WORK Pollution Identification and Correction (PIC) Program Non -Dairy Agriculture Technical Assistance PROJECT DESCRIPTION The purpose of this interlocal agreement is to identify the activities that will be conducted by the WCD to provide community outreach, and technical assistance to landowners with non-dairy agricultural activities in support of the Whatcom County PIC Program. In general the categories of activities consist of program administration, broad community outreach and engagement for landowners with livestock or crops, site -specific technical assistance, and data coordination. Details of each of these activities are provided below. Task 1: Program Administration WCD will track and report participation in community outreach efforts, landowner contacts and technical assistance, and data coordination provided under this program. Deliverables and Timelines: • Monthly invoices and summaries of landowner/operator contacts. Monthly summaries will include a list of landowners/operators that have been contacted, landowners/operators participating in the program, and the corresponding parcels owned or operated. Monthly summaries will also include a summary of data coordination activities completed. • Quarterly progress reports. Quarterly reports will include number of landowners/operators contacted, number of landowners/operators participating in the program, number and type of pollution sources identified, number of farm plans completed, and number of BMPs installed. This information will be summarized by focus area. Quarterly reports will also include a summary of data coordination activities completed. • Quarterly reports shall be submitted by the following dates: o April 7, July 7, October 7, and December 30, 2017. Task 2: Non -Dairy Agriculture Technical Assistance • Introductory letters from the County Executive and County Council will be sent to landowners in the PIC focus areas informing landowners of water quality issues, potential sources of fecal coliform bacteria, and the PIC program. • WCPW staff will generate and prioritize a list of parcels with potential livestock activities in PIC focus areas and provide this list to WCD. One week following the introductory letter, WCPW will send the first in a series of three letters to landowners with potential non-dairy agricultural activities (as described in Flow Chart B). When referring landowners to WCD for assistance in either the PIC or CAO context, WCD will be identified as a local, non -regulatory agency that provides assistance to landowners on a voluntary basis. WCD will directly contact (through phone calls) landowners/operators of these parcels. Initial contact will occur within one week of issuance of the first letter from WCPW sent to landowners (per Flow Chart B). WCD will continue to attempt direct contact throughout the following two month period of subsequent letters sent by WCPW as described in Flow Charts A & B. • Through direct landowner/operator contacts, WCD staff will offer free technical assistance to landowners/operators in the form of confidential risk assessments, farm plan development, and guidance in the implementation of BMPs. BMP cost -share options will be described and offered as available. • WCD will offer technical assistance for temporary fixes to problems identified through the risk assessment that require immediate attention (e.g. animal access to creek, discharge or potential discharge of manure to creek or ditch). Permanent fixes for these problems will be addressed through development and implementation of a farm plan. Page 8 of 40 103 • Whatcom County will exercise prosecutorial discretion in withholding enforcement action for violations of the Critical Areas Ordinance or referral of landowners to other agencies for enforcement so long as the landowner is demonstrating good faith in working with the WCD to correct pollution problems. • WCPW and WCD staff will meet monthly to discuss any adaptations needed to improve the process for landowner contacts. WCPW and WCD technical assistance staff will also participate in WCWP field staff coordination meetings. Deliverables and Timelines: Monthly summaries of landowner/operator contacts shall be submitted to the County by the tenth day of the following month. Monthly summaries will include a list of landowners/operators that have been contacted, landowners/operators participating in the program, and the corresponding parcels owned or operated. Progress will be tracked through quarterly reports described above including number of landowners/operators contacted, number of landowners/operators participating in the program, number and type of pollution sources identified, number of farm plans completed, number of BMPs planned and installed. This information will be aggregated by focus area. A minimum of 40 landowners/operators will be contacted in Drayton Harbor watershed focus areas and 40 landowners/operators will be contacted in Nooksack River watershed focus areas (as identified in the Whatcom County PIC program) between January and July 2017. There is a goal of providing site risk assessments to 50% of landowners/operators that are contacted. o Reports on these activities will be included in the April and July quarterly progress reports described in Task 1. Task 3: Data Coordination • WCD will hire a data coordinator to support the efforts of the Whatcom Clean Water Program (WCWP). Water quality data collected by WCWP partners will be compiled, entered into a comprehensive database, and analyzed to support efforts to improve water quality in Whatcom County. • The Data Coordinator will prepare a description of options for improving the effectiveness and efficiency of the WRIA1 Water Quality database. These options will be presented to the WCWP Data Team by April 30, 2017. The options will be included in the July quarterly report. • The Data Coordinator will initiate implementation of priority options for the database (identified by the WCWP Data and Outreach Teams) by June 30, 2017. Activities will be documented in quarterly progress reports listed in Task 1. • An active database with water quality results from all WCWP partners will be in place by December 1, 2017. • As time allows, the data coordinator will assist the WCWP with other database management needs identified by the field coordination staff and PIC Managers Team. These activities will be included in the quarterly progress reports described in Task 1. Deliverables and Timelines: • Options for improving database- April 30, 2017. • Active database with water quality data from WCWP Partners- December 1, 2017. • Quarterly progress reports describing data management activities as described in Task 1. Page 9 of 40 104 Flow Chart A Broad -Scale Description of Landowner Contacts through Whatcom County PIC Program Whatcom County Pollution Identification and Correction (PIC) Program Community Solutions for Clean water ...............................................................% Page 10 of 40 105 Flow Chart B Description of Landowner Contacts for Non -Dairy Livestock Introductory PIC Letter Sent by Council Executive and Council to Watershed Residents (1 week) First WCPW Letter Sent to Landowners with Potential Livestock Source (30 days) Second WCPW Letter Sent to Landowners with Potential Livestock Source (21 days) Third WCPW Letter Sent to Landowners with Potential Livestock Source (2 weeks) WCPW Sends Referral to Appropriate Regulatory Agency with Background Documentation • Priority Level • Discharge or Potential to Discharge • Water Quality Data Referrals to PDS with Clear Violations will be Given 10 Days to Respond to PDS. Notice of Violation and Standard Compliance Process. All Landowners Entering Compliance Phase will be Required to Submit and Implement a Certified Farm Plan. WCD Initiates Offers of Technical Assistance Through Phone Calls and/or Door Knocking. Progress Reports to WCPW (following timeline on left). Continue Offers Through Tirneframe of WCPW Letters. ti No Response to Offer of Technical Assistance Offer Accepted and Landowner Engaged Animal Access or Discharge Identified Through Technical Assistance Unwilling to Implement EmergencyAction Implements Emergency Action and Initiates Development of Farm Plan. Offer Incentives. Farm Plan or Farm Plan Checklist Completed Unwilling to Implement Farm Plan. No Longer Eligible for Incentives. Implements Farm Plan. Remains Eligible for Incentives. Page 11 of 40 106 EXHIBIT B- BUDGET Pollution Identification and Correction (PIC) Program Non -Dairy Agriculture Technical Assistance As consideration for the services provided pursuant to the Scope of Work, the County agrees to compensate the District in an amount not to exceed the contract amount of $100,000 with additional details provided below. The budget for this agreement is provided through federal funding from DOH Grant Agreement N20989-2. Federal funding is provided by US Environmental Protection Agency federal grant award #PC-00J88801, DOH Puget Sound Restoration, CFDA# 66.123, CFDA Title: Puget Sound Action Agenda: Technical Investigations and Implementation Assistance Program. Requests for payment and reimbursement by the County will coincide and be based on the successful completion of services described in Exhibit A. Requests for reimbursement should contain the name of the employee, title, dates of service, number of hours, individual hourly billing rate, total by employee and grand total. Personnel time shall be supported by signed employee timesheets that account for the total activity of the employee including time spent on this grant - funded prject. In addition, supporting documentation for the hourly billing rate computation and the most recent federally approved indirect rate must be submitted at the beginning of the project. Requests for reimbursement of other expenses must be accompanied by copies of paid invoices itemizing costs incurred. Mileage requests should be supported by mileage logs. Supporting records shall comply with documentation requirements found in OMB Super Circular 2 CFR Part 200.430 (i) Standards for Documentation of Personnel Expenses. Whatcom County does not reimburse the cost of alcoholic beverages. 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. Personnel Estimated Rate/Unit I Cost Personnel (Salaries and Benefits) Actual Costs* Admin $ 44.35/hr $ 77,200 (approximately 20% farm planner activities, 80% data coordinator activities) Mgmt/Admin/Engineer $ 71.97/hr Planner $ 35.45/hr GIS Specialist $ 45.31/hr Outreach Specialist $ 49.64/hr Planner $ 41.20/hr Planner $ 37.89/hr Data Coordinator $ 38.76/hr Overhead 25% of salaries/benefits $ 19,300 Office Equipment (Data Coordinator) $ 3,000 Travel** $ 500 Totals Not to exceed $100,000.00 * These are January 2017 rates and are subject to changes with annual WCD adjustments. ** Mileage rate will be at current federal approved mileage reimbursement. Page 12 of 40 107 Exhibit C. CONTRACT INFORMATION Item Description Federal Funding Source 1 Subrecipient Name (Exactly as listed in DUNS): Whatcom Conservation District www.SAM.gov 2 Subrecipient DUNS Number: www.SAM.gov 142424899 3 Federal Award Identification Number (FAIN): PC-OOJ88801 4 Federal Award Date 9/25/2015 5 Start and End Date of the contract: Found in the "Term" section of the contract. 6 Amount of Federal Funds Obligated by this action: $100,000 7 Total Amount of Federal Funds Obligated to the subrecipient $260,000 by Whatcom County for this subaward (per funding source): 8 Total Amount of the Federal Award to Whatcom County: $455,000 9 Project description as listed on the FFATA form: 10 Name of the Federal awarding agency: EPA/Region 10/ Office of Water and Watersheds 11 Name of the pass -through entity: Washington State Department of Health and Whatcom County 12 Contact information for awarding official- Statement of Work Erika Douglas (Name of County project coordinator) 13 Contact information for awarding official- General Contact: PlCprogram@co.whatcom.wa.us 14 CFDA Number 66.123 15 CFDA Name Puget Sound Action Agenda: Technical Investigations and Implementation Assistance Program 16 Is the award Research and Development? No 17 The limiting indirect cost rate for the Federal award, if any: NA 18 Certifications and Assurances- all requirements imposed on the subrecipient by the federal awarding agency: The contract covers all standard certifications and assurances. 19 Are there any additional requirements imposed by the pass- Yes through entity (Whatcom County) to meet its own responsibilities to the awarding agency: Included in contract. 20 Indirect Rate: Yes- 25% DOH Grant Website Does the subrecipient have an approved indirect rate? If your contract allows indirects, you must use the subrecipient's approved indirect rate. Indirect rates approved by DOH are posted on the DOH Grant website. 21 Access to Subgrantee's accounting records: All subrecipients are required to make their accounting records available and accessible to the awarding agency. You can find this requirement in the "Records Maintenance" section of the contract. 22 Closeout Requirements (1) Submit all final billing within 30 days of the end of the contract. (2) Submit all required program reports and deliverables according to timelines in Exhibit A (scope of Work Page 13 of 40 (3) Dispose of property purchased with subaward funds and dispose of or return government -furnished property no longer used for subaward related activities. Page 14 of 40 109 DO -HI (-.7oncra t N20989-2 SPECIAL TEMS ANND CONDIT AD NN"S, ETA & PmV'arnmatic Cim'dEw"M-1% Whawonm Counpf Ad Worative M.M Condit - tons 1- ('-cfwfqI Tcwms and coaditk"ins The n=jpicnt agmc.i to wiT.11 Ila@ loaamatt EPA gmcraf teran-4and conditi, ms aw-;�A NNI , at tc and rmv4A'600s ia a Long -'T oc . ddil'm co, fhe as 8 and - fficatma 1w.mardand wnm?Ps WrAitioi:s- - nT rvf'tn'n'1mI.-i efte'd Fpch, w- If be I RP'A m Fkj5 i�'ovy The gcfwral tem "s wn4 conditalls, by Ycar car. be- f�fun'4' '74.- I General Terms wctd Conditiom - r-onsulfaut Cap - -Addifioad Infarmation In uddin)"on to Lhe (Domi'ditions, -46 "Curisulvant cav', I-, of JXmnorY 1, 211, 1,15, the hitjlit IS SP50834 per day -$76J.Iaper hvur- MOTf,ForL urc Yc-a=* IIir, the rc6 ict mayfmwi the aasjul saluyFor Lvec.1 Nof Executivc Sc ,hadWe cm dielfollu-Amng fn�vmtedt Site: '"ve-lev,., 'JiSis-L.iny- at -LA %";Ag�"md Scloct 'Ratc-9 of Rav for Tba Ewe i - schROWe-:. 1.1e awl-lual -sa-pim:w is diNi'dod by i T hfourso wnj do- 4.1i'le - m 11w, vvc mumarbum �'tvurty ruc, vwhich Eg then muftiplied hy S r'o the- fria'Ximrau-, daily raw.- 3. 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IYU-1Q, i3ulualiaf if d'wyoaee ao Mbe ikFeermant or tur-Isa"brwe"tted W,,. kdim, p""I'o loiki an qmowal io4fir=i f;,ow,. ow CA Mg a* W& artm'-spa-Mible ftm a, cy-fairme rc b-im" "30 km- ly &Y� 114-AW 6-0im, gmmi SO cane a psl:o dunal Ima'U.'rilf kas pgfr,�wdii3:,, i -nll fmraq in The Zoe IgNeasa, pasiphus my; let IMIS act dww dn"A'11 pm-p. flutd-s' fur f,*Isqh k��R,-, Rn�_y Tom! wo whiph vivo pwa &A upp", any WArms zkTm°"-� Jaf�%,-d 4etpl M 0104-, *1,49u Ific wS -A W nffif.41! AtA:ipk-'r man rOJAW sq,quHMIJ Ahwh too " f expusi or WO: CISIR all! ivy xQualal Ea. ag., w ✓C17,!�Vr im kvdiwo, u0s. EFA 4 p pro 041 V., j"pp WSOV & Mt w"'j" rtt-,a, ah"j*A., i lo vhw vwai lalbifiFf � rl L",e; -,2z'ipiuTt An ownply swilb dw MOH wilig "ICIF R, 1"Al Sujb�,,—Ir; P Page 16 of 40 111 D Xi Contraat M410,98.9-2, C. SPEEC-ML TENIS AND !!?A Adbitnisfta-6ve 8, 14,syniandke. Condidums 50 UITUMTON OF SMALL, NNNORM AND WOMENY-5 BUSINESS VMSES GENEkkL CONTPUANCE5 40 CTT4 PAA 33 The vvlptnta.n � lo zorriply wiih ffic rtquLimnaems af VA's Di-sa-dvanmgad. Rusinwis E-jve,-rear, &f--(D'BE) Pr",f=u RI.-ir PrOCUMIUmt scti,v!"-des ur14"Ar nmrs; cemtuined in 40 CFR, P=.- 51 AIRVY&RE REPCIMTING, 40 CFX Part 33, gtibpart V MBEWBE iurxmuug ii: .ruquirrd in MY& TQKWIN is requked &T Jssis:unwe- aLgeemenu-, wht= Wre ur Asod-st Wdget ed fix �,s-ocu, dtlg ounsurudion, CqTL-L vanont, wnicv� =4 iuppli-c-5, 1,T.wfuding SM budj�,-,dcd ilig- difiecf. prucun--mcm by the ?esoipiemor �vrxa-tsgrneat' under suL-wards or limns in thhc '�OtE :' camogf,"ry tar ex1'e4d dx� ffiroshc4d. mmouni, 0:1, $7,50,040CL, iap"Juxbrag aff-wTdr-fixfist'lad Based,ort EPA's n�vitvv of Ituc planned budrd, tf.s award". fflea s tile cixiditbxia mnd is �.iubj'cct to Iffe b,divvc,�s ddaward d%—nt-4 na=t these, Con dineus, dv, redpient, nbust priyvid-c- iiju,4ifica6un -imd tm4gct .ktaff wi! . n, 2,11, day& of?ho aox6rd flat- de,v demollf-vairg that tm-%C4 ou teplamrfeNl bxxi 1, .� q WWWA & rat K CT r _)5, 7t� �e purtixig reqireiw'-egiIfI-C,mxdinwnr. '11he F�Cipient agraez arid -sub maita I:BE NBE: (Adi-mdon, Umler F'gderal 01-rants", (imp mKic Agvex�treaiand gnatoragrLrc e-vy Ag -,Tnents" n.Tik7Tt. (EFA Form 5701D-5,2,A) on, au annual is Ali ,z prLICU'roment ac*xfs afemap .vliblej Majus, ifry purtirm which exc=.ds SI543,0010. WlIgn Cal-apleting We anw& p4xv, recip pitras mrc 'nstm-cted w check the NIX titlgdl "surnall, section 11-3 ofthe f6r-m. V,,wr the W njun Wyeas unet instruvwd to dwc-L &z box indiviard fiw iN11R.-a report"' of pxticto in. smuon FR nf'�hp form- grin mparts are due b,,,;, (kriker 301h A-feach yrar. dut in , kul, W111c"WrVer. 4-mames first, al. repoits ary V 0ulaf ix &-90 d's aNy an: n Cd of OndwPF4-,J'CCI PC" tutal expmtded &ud,vrbW- geted t-unds tim 3.7 r i ai i W vepcvl anuumEy whether dkie- pfammed vAke ptace dufnftl- the r"oppolling periffklor Tgot, If vio procuvunewu5 taku placeduning the reqlrdng, ps iio4, the C-n ree.-�pient should U-beck due buly, in sLetun'ru 58 Wh"enccinptic-Ong Cvi, kr-n, ISE, cumcnt EVA 516452A can be Wul at the� EPA 0 LTun-, bf 'im, all Rumim,-,T, Program 1-4 Rolnc page ial" �Lup-- "an aigowtviJ de'via6m, finjun tho &4B'2iAkWB1,-.' -eppoving req�,zixeuffoumts Fr, described, i 40 CFK 1% 1% Sorka it 501 bowman One sher ouklincd in 40 CPR PuT!- ncniain in .ad, inel"Imfing uhz GoI14 F.-a-i-th EJ a requiretnomm i.s. descrkuA La 4-3 CFR,Patd 33 , uibpaft, C, and Fah, Sure Ujtcfivu;a uegwlikiiou as docrilvA,1 0 40 QK An 13 Subgma D and ex�pl aftied below. $IX GUNID FAITH. EFFORTS, 40 CFR, PArf 33, Sulypart C Punvmt to 44.) c'-FR, 'Slecti-ari 311,301,.tic frxrlu� dk,,� fi,41owing govA Lfiuefh ef revvl-OCIR and. �,,upp ��e* under an EPA Awnwfid &ssiNuix:v- %1,'1,0Eb0vf,!T pTucuring, vormMuNun, y6qunant, aL -e -6� nr r ci g-s, M� d Orj lyz Re-cu-&-j 6nc7taMnrn,.fing e,lL-,)-Mp1,ia:Rtk,%�- VAA) the dx �d fiaith e5fj.As 5haR tic, rivuline-d: (a) Erls'uvz xv.sre oC uuntructing the tifllet exteor pr. b,e Ch ,111, F"z"T Indiuj Tribut, Situte mrid Lccal', acid. Cinvzm vrwi�i? Page 17 of 40 112 EX) H ' C. oara-4a N2Q989 -2 SPECIAL TENNIS AND ETA AdmMi's.tirative & Prat cullditiom w1hat,ccim Caul-ty ted, lec'u", this, voll r aj,,-c MA-ce infbrmaLb-M, nnficrtho-urning up-kKuTum tic's a.val-A labl't va E)BR-3 andarranlcjr. Eume- frimos Mari- ctAa-bl'ish dkeliwcry whur. dhc. PmmlL, M u way that c� utwwagts am"d, �fy DBE9 ?'VIA *-�;L This ,Vx'llujes, for bicis. ow proplFmlig frs: anIdTIMPAr. C�fY) uillcrAffidays 'bvflwv the bid arprl4w dlma;ilng dale — In ffic cmAtracting Paz c-ui>� wlxthcr firms competi-Ing t, . iw 4u-gc climtraTu. vauld subr,ur=a<i 10"ib DBF-,;- F',uv Indim"rub a-[. 17-3t-ute -,,atki Qvferuncnt rzci this .vV, inclutle dlMdUg to0z'3i'll requircracovs, 'Atea tl;msiq,14�r ilf.-to si-roulk-w vtsk3 owr q ivitics tun pe,mr,lit mzwirnarnrl partic(pari-i7r, DIRE;-; in th c cunr4wtilive pic-ace.,,q-, (d) EK-foarage voiazwki", rig 'whth a. cli'DETNE-s a ccwiuna, is tccl I arge t"cxcl-ne of ,'h,CT,C [I=, tip korwre lud'iNiduaily- the of'Qne ST3A and I'l-te Nl-i1rlrity Bfmnia,—�,s Dg Agency r, f I fic DcpartmAcri e o fr C mrimercz. r prknc nramrarw awv-ds� MqUIrr, thy. P-71M C(Nl!r3CTcx,,- tc la par,k7,r,7mph5 (a) thTuiugh (c'� of ffils s-cc-fion.. CONTRACT ADMINUSTRATION FIRCATSUONS40 UP., Section 1,13tT2 coulvactad ii ( -- - ' 31.3-02: thc numstratcan pmvt�azns of 4W -'Fk� Sccltwu J- BIDDERS LIST, 40 CYR, '5e M-- n. 33-"I(b) and (C) Rt-CiPICIlts vf a CAI ntiv ul'ag Pw wGrjaia oirotbcz- amnual FqN.rfingr gmwK. 2kgrte W Cteale .0, maintain a. 'bidylers 11Z Reciptliits fjt xrd EPA frunctia' agre"Ni --n,, loan "flan'd t Fx a nhwl 7c o require. vnEtiins rece.rving i'&mni'led, lumn s to a-maitc mral' mim-mulin a H didi.`1-4 11 . I reci LPIlent Of the !oau V, �ubjteia to., or chowc%, to 1bllulwfir ddin gg s'ee 40 CFR� Se.i.-Imm stw-R,-x wplivn-Aents; and: exemipdWt FIA AIIR SH VRE OBJECTIATS,40 CFR, Part 33, Subart tipp . 's'u Grani AwArds $250.60 or Less Tf,Eui as2-tmxtvz agmelftva is a, A;susum,ace C-mra Pihtwswwd unfou'llt is llm, rig' the tcta?k tkrmalou"m of all ort -rcydOF"c fu 9.qqw(2 agm �m1Iq F ffic. rn El A iri kli�: mucrit Fedua-1 year 1.4 F*250.003 ur Therefibre., �bc r�Lmlplznt Of lhi-5, g5l;I'Vanze &lP2Z=llc is ex-'aurqpt crunnt the f4il- rie-quirearriettu of'40 CFFR, Paaai 33Subp-aft D, aaml is nolt requktod "Vi 4 'priate filk 1,11v tj -, ijbi ew. fn of M 134-A% 3EM 0vwen Accepting the F"air Sharr, ObkictivoiGbals f-A Another R&Tipicnt Tlm,e� clollaff- funjuaimll, of ar, tiva total ijA)Uar aincmula of V411 cif vhc' vv; ip,96orT.V, a,,grcrn)cnt.q I'M ffic clurcut &dcrall figc%al: vcw ftmT PIA Is $245(),,00 Tlz xceipicm lueg gnLi le-d whit EPA. The., ltegicm, d-le 1-0 f) it', are, Page 18 of 40 113 DOH, Contract N20989-2 SPE-CIAT, TIE -MS ANT) CONIXIIFUNS EFA AdamWsuative & Progr Condfitionmi, Whatcom county 19� y [A(S TMAVWj.6JW1 iMiSIAVW'Ll� d-gr"rn'cnx,ffic rhpicnt a cs; accif rig fl,�e f,W P41 . r,4jare and attcv-s tm the Farm that A is pfxf'Nwli fb'.�t Sam, m."irmilar cxIms mcclon, supph , ICS a Be,-&-csand equlpment_ fil the le 0--umilar f.t-10-i-vint 7 oW.g buying, M..' m1m, N'ra t�jdng Fair Share 04fectivew'Goals, 40 33.404 V "tic mciproma 1lac otnjim tov',egoriate itsown MBENME fair -sh-im, ab i f the avcirlej-ht awm 'MUEVRE, r3ir -3114re q*v figr=s w submt 4�y --oudy, of qmjirled' N-11 ITBEis and'WBE-q 110 their relm-ant geoarap.Wc buYt Ag -mad-et for supplim and The, aUbqliL4I�sivn Of'PrFjjW5v'j fairLhmm- gnals with the 5uppt'nump, or &Spdviry snaly nwvws dmt thz rc=p-J'e-nr. is not =- ?P. ang the. fair'sf.rdru of ancithicr a JAI cot, The recip4!mt %gmes to Togvher Md'j. the 'wppu�rting udyj to tNABEIWBis 12fl d4y-, Of it-5 WIA-1pt-AnCe Wdle fimamial rissi:5vance. mwaTeL ETA wil4 ccsttXcl Tbe pfr-Tmsvd' Fair share- i;ith fn 30 dNi, I - av!5 0 0 T=m ng UI"PT-UWS-":d Cair S! Marc Objective"g-fW& arc rkotmceived wit -tin. fbe 1,210 day iinw ffmne-,, the, rzzcjpi'Pmf rr"-ay nor ex'rtvUzi its ENAL fficids for procurcmcnts until the prppmw'd foie .hate Qbjective-I'goAls ffe gubmit-tecL EmbW-hed Goals The, rqcipiim� musr aepxiate with dte apprMmak- EPA, wvard -,Pfficlal, cT htBilicr dcsigmc, fair -ahare. Objectivcftu- m.Bu and INY13F pat b7irva-6- I on in. pros-mv.. mm,�em mWer the- fin"wiad msmito cc Agme-ments- fin -Wccmlanm-, wit 40 CFR, tit s 33,411 smic nx-pients ma-y he rmem It fYIrjm q 60.qfiarc (31v * 4wr e - .111c - -i', rNuire-ments. dcicribc in 40 (T- R, Pmt'131 SubpaA D- R-ecipit-nis shor-dd %,urk Wr-& dm-ff DBE ci3,x-diimtL-r- if rdwy think thr-ir orgmuzad-on, y Tim an exemptim Current Fair Share 0ctfveiG I 3� Tlie do,'Rar m n(mur'lif ill` thms assii'sLaFyce agT=!rncnF- or thc Imal doflar amouflt c"fall of(tie- finalycial w a s wpecjngats ill �hc current fedefral fiscal pf-ar. from i LPA i V.M,000, or., rw Region 1.0 tvaisharc. mh . crfivesAg J �jvmls -:,ILII tv fbun'd- �(1LW-41' bfY�Vdbiolr-19—tkif �Share �Vmls- &E 'new aft Fair Sham OkfevflveGoal% In mccumdariccvv-Ah 4D CFK, Psn 3."i, $Ibpan D, esmN`ished gpmJ.*&`eb, aiven. ff-ifindin in efrw furtImcc fikmj yuTa UnIcs-s ffimc Are zignificant th to chm, jg - _�cs .1c An -A 'sup'yet firig the Ur, lam lluc' ig t'equired A) C'bl"w"'V as out-12ined'in 44) (TR NTT 33, Subpail U whe" avinegfi4i'Ifing LhAc r4ilr �Nj're -1. Fur DWSRF� CUISRk' and OROWN171 Rxdvima ONLY Gf Lom WeWeras jlusa rcmPiv-.1vi ar I-.-n EPA t'o ca, pROR-2e. ve-otdklv knan funds, tbeCc-cipilant Wi agrim!s tul ffiff. appty iL-; mxm f4ir q hare o�fcctivcs vv FRA [o ideat Jed loams wsr-rj-- a bevmniifly mjyjflar mehniang bxv�grapfik- rmzrkct- rfL- RcFptiatc ?cr raLc fifir "41me 4)[Ae"chms. 'All 43 LM xi'V"ed, lla-riri Tr + �Mmmmys' 1"Ilese serl"axate objecti vev' als tuwA be hawd, amt dwimomble 4midenele, if T-be- d'v'.IdrLqI-AJ.'Ly ofrmIMR'!� and ainh 40 CFR, P-Parf 33, Siibmparl D Page 19 of 40 114 DOH (,ovmct Nf_!fl1A,)R SPECUU. TENIS AND CONDfDONS EPA, Adminisurative & P rograllumm:tka Con'dilims. "MIAMOIR (709M'It�' The YoSp in; a gme a Wal if proLnummacras. W I cc mumver mx4rum thuma or&yca;�OR4 vt�,xi,,rf I ent may Ch'-wSe, io app.Ly the 11'rAlare olbjeeofi-ye il, p1me e4hr Ow be ymew inwhic;1), t1w �&:Ifificd Imain, is IWIT&d Or fuT the ?tvmrin *N,,,,,b, d-Le procu,11'e-timla Adon vwwul�� T.bC.mmpi,4m.t Chnoice intW flim"ancial a 'iawc- ag grnfmcat, or 17 -virpurat" ai, 1:p"', Te-fennice rficmin, I ImermAIWAA Tyawl( of x ftCanada) Aa Washmmd Try c-b must �e4 i3pprov&J, by dw 0,111ce and TOY AM S (01FTIA) F11-1:0"M ti-awl k-cxum Even a h6m,", mp to a hw4pF Calmtry, fix exampte tri mcrida rcquirts OITA appruiml. PLease sman rimer ITO On N4ammgwrx&. wva 4% pmsa I vraval A fanned Oul Of 'Me zwm4n AsImEng Onado Wor INS, w Ut tv y o%,,jj� EPA HeadquArtmano If YVIL WIT QW&PS, FKATC i-mmaclyclur. IX)H, Orant UqW4 on ftm� page of be AxwS LkcwmmL ftmr�atumaflc Conditi ............. ... Aw"Nempkfi 106pinn S12ITL 11-gairJUAT), -cy for fix: duffio cfq projtct pliod of AS agmumt and WS OR IN &CUmented, during xanua,,i repw)raq prum--css- A cr4py of the Pplicy ts- available, cin:ine. art _Emnm -, ueL znv= ing the. ET-N !JhLm or a copy may atso bc r-e-q stcd ky t project O1 ieer for this awwd. No FuNi5went al ems that if tie uxal felIend fur-ldingobEizaced au AS awmad $2010,000" (1-stun-I-Ig t� a gubsequand t4ks agv, emew.) aold %f R] ve the iv4e ar ggoevadon of ea, y5imn vne, n va it Vill (urdem, it hav otharwi-q'i� Am: so) Ckmanswin awyawmzy pniar to camying cur. any activilics invuYing the gmwWaa cruse of w?-&:qM-j�at,:Lj dam undw 6his myTe L 1`.gdgral Assislanc!j ggmqu -Lmds Vwcipierjragvmcs, bw inu):N-, ag-mennent, tfmt it, has Fx1k1T tc aw-Ard, UT alUTUAWY, Where a pm>awU.,-_grmd dmanssubm of cmpairmw is, n&, to asid d-erwriVratt Compereacy poor V3 cwong C'm atv; mGiffies unader tlh? a W."ard -tat dak, :L jftrj#taj Perfhr p wo m,apgi� Re 3 �,ub=-ipitnt simill rcport� enm,,�iyt1 Sic" (b) dimqg, Liv., of ONW, pmject, difl-in-Cut Rvawng %pany is Qurlbibvd in the Sci-ppe of Wcq,,k-,, usk,,,g Vhz- Tqmirthmg- ',Wol w ,hied 4v RwTvirts are duac 15flcndar du,�,�i4 afl-tr ffit end Life �aqh d R Is 6, pin ra � p - _pT Fm wbaR be SUNOW.3 to 11bixi DO! `-J G-,�riwa Nlinager md way tJ� provided �Ixe frf,-m,,T, 01�,wdbcr. I to Tvlatrch 31 fir irf5, arc, due to DUT-1 1.5 L-alpmdar day:q afte—, &_e i.-nd of ca-c�i mpixting pcnrd_ b accordlinvt nth 2 CFR 241t. ,3 2,3 as j -xre ,f tce pptuvr , t Lj,� - C ipi, un t N q.%:_�s 1C, 1 -1 Pn�m [ pe'l 'I. nn. j, mpm,"'!", t[lx rvnafinncwl e"10h, cf rhe f*<RU-+wi:Fjg 'a!7 Ca " Page 20 of 40 115 n- Off Cantriva X-2,0989-2 spEaA,L.,u,ixj.,S'AND CONDITIONS EPA Ad3niniswadvc &- Pmg a ,rammAtic, C'on i Whancom Counoj (k,"I a cxmm pan—,;wn dIf acwak K-onal"'phsbruents, to ffic, e-s-MbUSNI ina dw p3an fcw do,- pvriad, W Musms Why evcbUshed gpals wae it met, if appm-priaw; whert appmr.daic-, iinaly r acid cxpEavauun Tuf A cmermns Or higb Unit C11-Mm. wdiat ely nolify the D011 IT"I a4diki'm to the -,sGMj774PJV411Z PCTIRI mports, A; sAncQua shk 1weNhU Grint Mahan x of that hawv a significi.it impun tho aw-wd-suppartc.d. sctividm As T d-e;r &s smin us Moblems, delays. iw ,Ippinpnd"ate., wa U!,P4VCipiW tgr= 117) TUM We WIT WMA Nlaaagal advc-Twe. conditions bownc knum -xhkqa MH MrSHY impaiv MY at` od,v to rflect dicnutpAgioutcoarics spvo.ficd in t1w. wAsumm apsawmt wvmk ptan, TV MGM% AM include a State-Inewt Of &,C. acdon tsken., or Contemplated, 'crid a-pymsbxance nee4ed w re-501w the s"itw-don. 3. Geo-spatial 03% Sloadards A.11, vet'im peind &I't"i weats! most W cousinvil NuM FKA Geogyptic Ma ChmmWa (MENT rnrkyrs� ;.,tandards- hift=-,wun on day sumd"lui-dii ma� bc fpurad ;it wwx,,%dc,,L- vp- - 4.. Quafit.-y Assurance Rcquirements (2 CFR 1500.11.) Acceptabre Qu --alip $ ce d "fummentation "rust be %W&W 03 the 110f I Grant Mulageu within 30 Assuranc dava of dic agxeptance OF ah almunuM uT WN, dot w 1-s ncWliated!%ith M EUR Quit Manapy- No ao* 1-11-whintg 4ircv, ITIC,15weuw. isx data gCM0300c, emTftmunental usodell1g, of dau pura hurgow; car c1cauff-Aic m ciiia, and data,,nupp.CMir4g,hC &Signz CM-3-VW1,0n, Mid kipm4don of whojogy smell h-v inifiiVed mWer this projeut until the DC*1 Crunt N1wwgex7 in umcmt. with the FFA wAYMUCC NMX-, hAS dic quaRry usum-we dccuruenr, MMRional inf=, Aiticm on thesc-requirements can be bnmd it be fiPA Clffice eW(IwAts and Debarment A-Thiftc: Man rufir ta The Dcpwirax-nt of L'i;ukgy's ur gu dw4xwtd f=platcs. u budi S the Am!crimbie QualkyAssurunce a t rat h c n W Tom C-d-lies MAI&O-ilf�A1 IN teview lukth a cc No 44 T, Revrgnitkin, of EPA Fundiag Repm, dwwrQw, signo, --Hdwx, w nfficr vushc WcOpS a;q pmrt of prqjcas fimded by WK3 WQXNX 3VVWnMd -11011 C-1011t2iIJ ffiC, Foil ow4ugstmtc mmmik prcjca baq bcen f1pn,,ded whdly or in pxn� thc, 1,"Vitcd Su"us AY und ur a s�su r anoc agrmc.m, c" mt. VC.-CKV 8 8 801 to %,`a --4 h irijgtrun Depanrn o n t r,,t' Heal *g C M ItCmi Q! f th; If F ducument do not Roca dw w1ws imd, pificiess of be ErWammcwA 17?pauhn Qgr1cwTLw-1--1v, p-17 0, 1, Or A 11ar does rl"Ievvion of We ownes or Or uncY Ia. Bever INVemw The T1 TesiRat ficun icctudcuIducf.s-tz Y. ,i,ipul finvesfigJ.T-ur (T'[OF&is pTq.1<�st wlki, advfcz, evcw Page 116 CION Corarmv N:2-0989-2, S.PE-C,'LkL TEMS A'ND CONT-11TWITN"S & F`r C--on"IfiLTIC111A wbatcom Cuals-Ity mid ficodb,_xk frami a Get u-Itnical re:1,Fiewnr a,_M-­,0ry pmup IYrr6evalu. subjev. E,� be A remird' ot' c-irfuramir"s avid, a, brief deaserlpficKa of how uumxmn, iss a,-,- add- 44 by $e PC wil pmnrld,od "w, (4 FITf&cv, Nlomiuw Pnor tc; Tdc-askig any ft-nal rcpmrs 1A. pu'Alucu, Ursukilng fpurt Uw runded, studv_ ISS-TORET Requirement R-47"Zilpienus 'ITV re"'qui Mij 1p"I mstrufc 5taxwlardlizzcd Tvpic ning "'olludmm-ex-fus Litt, their li%'unk l au& and Clu'de wch sac in dnir- Al I war= yjalk y 4UVa gmCrau'd 0 wwrav d ijax,-e N;6 h anEPA f wd -QK�AliLy eit'het "directly CIT �Ay Will Imf mquMe-d w N- warsm lued -tutu the. Agtney's Swwj, and' Remevat Alta warehous'e wqmg efiber WQX or WQX welb, Watef qwli�v dan. appro,:,wixe for ST'CF"':,T ificlt�& ph - L P _Y; cut , chewdizal, and bliolo pcalmelt msuft!i ffirwjk-T.swdymmcrst and 16.0 fissuc_ Tk data iaf lude toxiozy data, u. T he w aw data, �uul tthisauld an bldlc�.91 It' andhahimt CLa t hat Exchang (WQN;! i &1d Tribal fLmchl .UgW_ F, lb,� wavel, 4,1M. with tl�e EP,,X, SuAc 'NMurk- Ukug ffic Wo IMT 1-lou C, �X' N�chom a partners map th I datahase �-u I re tbe WQX ISTOPIFT SITMquer WQIX Web, it; a Web, 1W.-tsi tuljl lu uumvurt data, intu 1w SX)REl"f7mmiat for areal darn gcnv-Tatqrat a T-C -1,0 &Mrt :�n,-;,CTg A V, XQweb, and 1111w, STORET -kvu—_bcAL%-, incliAling Muln"lls, can be fhmnd it, hum I ,'aWparian Boffers pwjcus in a��,wxftural arras shali he cum sustent wltbr the ilrall-elru-n npaflan hUlffif-T pffivided' ki EPA and the NVur,,4Re-w=e cunscr4adon sen-lice bylkutiumd manme, Fishcn,L-g SerAcc lew-m5 oft 4, 2fG13 aqn4- A,Ptld 9_ 2010, ix thr, Cictubur 2013 guaidaftee, njiou-,tv agrftd Iv, by Lead CArgdrdzaduus (sttc .1tuach-r-lents'l- LOssball cOn"rim" i i %,T;ll Mth the. wniTuniendankifis tetcftqmced ab*vt. Whczs tvailuating P"t t pr3pusals_ LCh also s.N-Yuld vo-osider dv cvim,+ to whieh prTpas-il-, Irld'U& aptW14wiate, rqp�ulffl ffen Low 1311ler"Vise addivs-s poRwic'1=e-s C42 1xiler water cours-es 011 1,5W pwc�tscs $41. uhr_ Prwica area to 113prw wircr quater y ar,,d ;aii1 iatices be obttail.ffirou. r tiwM.,T ppr9lmd by T":T-A. k, oTdt-z it EPA to P_vauwe a xqwst for an ewcep6o�, the 1.0 n-Rri�t wbmiT flie wiewfiflie ra7itatuile mle-qimqe of bruffen ILor squpptz6ay wwc,�T quality ;=ld R-alirmn rthwvcr�_ T*he reques'l Tnu st x the , sw ""F - n -male Q�r wht,�r relewatu ltisuc!B: Thr. sclentific rational't. could t. " Lv sawces with dw Nat�Jnj'l ',,� C x Daily Liu NIDLs) jad the swe. nontwint plaft- Ez"FA w-W] corifc a )Mnu Mad, Amiph Am," isxxIon (NUAAkind z 'WslunglerlD.,arineu[E gy and prow"e u,pwrttudov for u£ ,,,;wd uibcs to u-misult with P12A before irtaking a. 'T3na,'�, lan cwl mquw%T, Page 22 of 40 117 fixff. Cmerkja '100999-2 SPECL-kLITENSAND CONOMONS EFA, Mmirtmbw &, FmTramimabic. Ciodkibas I WItakOWN Cl-AV.Uq,' re"Vir"d t1mve Ri@t Womilied n boaimff 4,ctetl mdr—m-e hia',korkaliv ".1 Amfc; nedim"&ZAAltraian dMNS; ftmem attesied 4- jmadmamau� & ES-Mituad fhh��pewjff-s 21 139 Pwenrig;l water � thqt am -wuxtq!nfAjffd as t�emEarc mfwqdmid werr h6rof�alfv 0,�t by aoadyvaffi.amt� *v E�. ll!�Iad fiAy ip,",iv. am 4 madirled ass "lial* dn I ren6od gm-rinw, intemittev" and L-P hef re. TA Vish bsulm& rs 1w, aep Xleill ittcl a'. beitig4tk %,jZd ..ir wvve hivo';M[V dellrb isOl a� cv�e, !wvP,3rtmF, m 0 MW 01 WN r, M asc=Ld,�v amadmmumu.-k ii-;- LIA kites mmPffmity Pad ftzdi,7 tb w ftq, butILT, Width lzmlndw4 "dfw fed -nu mm that O"s lip Uno"filyed pe'rew'RK irUV4 "'ent bleat are 1--go w-w-'a 1,03, iffiiie5stnev". i0mllf'r-d Al hamij ;Iczk�w-d r-WM lulm-l'C'Rity deorfi 4.Ini kif ift.1 Lj�& afb*"Jwm de E. rAted 111h igizedt-" crunploitv Ind0lat u r W-1cm NJIA eph*lwfai Site Fsh, bearfflff� 5k-,j*rnVn& :e di mffxent fetid me toi s buffer wr "Mfuals Ae&jr-,d to TT*et all av*jb�v wwtw quafte--ftn&wdi;. Page 23 of 40 118 E-xWbit,A-2 D—(-')H. Conftwt N.20989-2 Sub-mcipient Stat aMark Whatcom County UNITED STATES DEPAWYMENT OIF COMMERCE &MANs"t Raps, lot '�Patllj P'Me`�� 100'r Wuiv, OA W! A j";q, no WQ t Q Wn, IN, Ion to %Y-W d kw'p— in, *F i P% Rah"P, WHION 1.0 "Aw'sal ! s"9s10 A„ vhwt 4s "I INV n v , v-cpco P'm6hoAtv YY' ws;ITYWE";s. Wool O.''..0,EX , ton 0'-' f1kovol hw,: 1020 1 jit, vt,i ;N fusiv dim okbsni IM'k A -qvaisu hART, 'n alars X A -nmvo I 5, Awl SVC AYN 4 w1wo To nwa, A-0 16swy It" An 1 OW a :ry wwt Y'A'Wki �nkm Ind w �O �A", Isnuvw 04 , nmoj— I KOO W A W1 a� v pry !A 1 0 Page 24 of 40 119 Exhibit A-2 DOH Contract NN2W 89-2 Sub-xmipicnt Statement of VVoik 'Whatcom County +L 3111.11 lli S I l�,fit ti f "I t, 1,kif JsI L- u i lijlqf!tj i1'1.fil,--,1, N,pil M f, I, li", � 1 M: !J!1iIA-' A;, t`fkflFlkiVlf.` if,jt'C k:,, fi—al I�fd i IL 1 1i I -fl , 1 tl, Fr , 41, ..till pi'j, !J-,lN -,ry�.'47 ,.!j llij.',ii 4 -j i I j 71 j B i vi l I ILI l i-11; 1AW wrt 'L, i I I L t,! S Ul f lA i f f; f Id 'it,f 1.0 1 t,: 1 111 1 1 it: cd I i S:- Jt,: E . il, jfll ! ': f i i�w t 1A fj t: t Aid bt "d t.,�fo —�,3 nj:jfj� ifh41,li flu rtrtON-,.h o l fr-,-! -I in( .11:1 iof; j d i.:,- o .I" i diJ "A ln- lL cl. rr rS ( `. t,,'i tt� t 1„d-i It, 5 •"Ir nk yl 4 V?,-,i r M, I,'? Vk, iis. a ft- f ll l! Al 11- 11 lt tJ L_ .,rt 0, 1,_� l(I A T; it it r—.' —rj rl 6is it P A f-,f if If . 0 11 f Page 25 of 40 MIC ExlbibiA-2 DO[ I Comma N20989-2 Sub-mciptent Statement of Work Wbawoua Aw unty, ficr q-uA!Vvin lb 1"," !"!Vvc Y. P) k: J I �d i 0�'. 1 ff i di,, A L J a" VA - 0 0 U F % A A q W Q ymcmuh I&I ink A Alms A—Wk, �i, R""wj Amnmum"i" IX t I J- 'u, I A- i_, awuw�- AMC Foymmem 0! VOW Rw mum,-%! A-i V I S i i 'IU: 1 1 ? I Page 26 of 40 121 ExyNt �k-2 D -01-1 Contrael N2,0989-2-3 Sub- re ipient Sumqz-naeut of Vky�k Whateorn Cbun,w- 5TATES DEPARTMeNT Of, COMMRRC�R NAM-0, OL H ARTNE 5Eq,'!d1c.E, ty N-E., AVU Q. i SwIN, V14 M VIF R EC; ET 1, TR W ra %BAC 47A kzrn- W7, n A-7, Tip,' tfl Cjr my. ri 7,xarwl ix ha, I ,J1S-o70w.r-,:L fr :wufw�v 7"V; �v,-(,vwj }n�jr P.,nmum:cT , OW 0,4ml,--una, A�CnA7- Ox Eda Nowyaw Mall go WX tpor dvc k a:- !i da, ud. h I my unk! Amdki,7, lhui. Urw� N, R C S i u a*,& It-0 , dwe, ;w wit st ic-hidn: dm f -"34,15L czn Hne, AQ Ism 09, wxynm JfC j6 �%-Yg F rT Y- NR CN ar-W APA 'S aij ftd -Kikt rr"'-w-ralluklionums 0 Ale ej!`Vtqt a, Am WE Sol A U9* Qk 19 15 ,use" v NOSM 00, 01- , 11,7 augaumi Loa amAh"j"'K -,�iu ,v ON 56qvu Jf,,., A�t wee Ugh wAP409y, v3dd yQU jonly Wnwk,74��', Inivivi um" 1- v, F"Q-T v, '.`�JfTt<°.tart:�c, in� .w i�a� rw;,snvQx f mppon 1 kh mudiUmsdon am a imaurca ,ac-cixnqw-,dxj w; wi f fv�. vN,16:t=" knat zfu�, =01 is too vAguc rugu0bg typo dwwwk Tv warl I 1ha qma I lhwvo;:nut down0mam. R'cnfr: wt- If'T F.L""ff, Clffiwaa s inu-'lu.-Iwd lv! '&i'm 'A "VT ald gnalw5kne af huMn on 17a 1 ZNMM53 oil VVY &OWS w ir- �iuv P, El Page 27 of 40. 122 Exb j. b fi t A -2 DrUff, Contract N2098S)-L S-Ilb-nevipient SlAlelncrw, of Wodk Wbatccvra cowity jw;fcc!,:s Pl,*.411,7,"I' Jinx be IPPM lu TIMiz, Jlt� i,ilgln vq:rmlielry ,vi!! romyit134 of L:FlFiv:�rw, jherv9 :", F,,l NKjInPflr- 0 iho h'afifizr", lujlowzl M 31 WR t I nw: 7, Wir wwM A 1--I -.76AA ,. iric it imi �',V'cr Elie r 5:T""Iqp I I fA 'iy (w j I 'it r;if, I I L 4Vi at Hem 6TC nun ABE L If q, I "i C"I M4. "WrMT I: A A VIA WA,2r Ay r-- 0i I" A ha.; i :i t"! to! J:ifv�, Mc iofl��,�370y oF 1,7 h" iS.1 4�' � t,1 € $ f t, tin-. H-Iu-"e 1P:&'::Aai > Cri ci4 I 3 k1 = (-ml -A'Ile,p', I rim ri r".i i ':,rf iw�,-, ra :4,lv-Tg��: C qFr. n 1 ;1, if? -31 it : Pro'�i; i �� OoAi A Wan WAMM Loh "MMMI Nwwy skno I W-WE ALMUMI Ccln,�C3 Page 28 of 40 123 claiGit A-2 DOH C mnkwt N20999-2 Sub -racipi4eat Sw terncrit of Nvark Wbuaworn. County I Psh. psEsence based ors Washington's Integristed, Distribution database, Fisb Presence, includes all Masses of presence of anadmmm.xi or E5c Psted fish, Whete no fish dEstribution data k availjbge, fish pTe.5enc,e must be dtftn"Wnewd by contacting lacal WDFIN Or Tribal hiatngi5t. Suffer widths are r?-�,quimd minimums, humemr, f - landowner belie-ies that the Wren Called kit by the table *nil? wetly interfare with hfi/her 444V� to reasonabiy u.se their property, there * a process to identify afternat Ive buffers s that are smaller. P lt-asC see Mas for mare inf b rmatio n- Genefally�, buffer vegetation is required between the w-Aercourse and dike, based idpn the efiterw -of the Corresponding dhantle, type— Howevcr; bevee vegetat','an requTrements are subject to U.S- Army Corps of rogi It e&' (CIV-ps I, guidance -Which can be found in Engfnee,&T, TechniicaR Letter No - 111",571, "Engitw-ering and Design- 6videRnp—s klrLamd5cape Plantitlp� and Veg eta tic n Managern on tat Levees.. Voodwa Its, Fmbanf.an , �efq Drams, and Appurtenant Stfuctutes", as welt as in the USACE V.,ewee Owner's. Manual.,fo r Non - Fe feral Flood Control Works- "Estv,36-ine ch, an nels are defined a, dream ch a a ntfs l awing direct. daily tida[ influeatesuch that the vegetaboii is adapted to saltwater oT imertida'canditEnn5. Page 29 of 40 124 EXHIBIT E FEDERAL COMPLIANCE AND STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES In the event federal funds are included in this agreement, added by future amendment(s), or redistributed between fund sources resulting in the provision of federal funds, the following sections apply: I. Federal Compliance and If. Standard Federal Assurances and Certifications. In the instance of inclusion of federal funds as a result of an amendment, the Contractor may be designated as a subrecipient and the effective date of the amendment shall also be the date at which these requirements go into effect. 1. FEDERAL COMPLIANCE - The use of federal funds requires additional compliance and control mechanisms to be in place. The following represents the majority of compliance elements that may apply to any federal funds provided under this contract. (Refer to Catalog of Domestic Assistance number(s) cited in the "Payment" section of this contract for requirements specific to that fund source.) For clarification regarding any of these elements or details specific to the federal funds in this contract, contact: Compliance and Internal Control Officer Office of Financial Services Department of Health Post Office Box 47901 Olympia, Washington 98504-7901 1. UNIFORM ADMINISTRATIVE GUIDANCE:: The Uniform Administrative Guidance (Supercircular) became effective December 26, 2014 and combines numerous OMB Circulars into one document. This document established requirements which govern expenditure of federal funds. These requirements apply to the Department of Health, as the primary recipient of federal funds, and then follow the funds to the subrecipient. The Uniform Administrative Guidance provides the applicable administrative requirements, cost principles, and audit requirements are identified by subrecipient organization type. Compliance Matrix OMB CIRCULAR ENTITY TYPE ADMINISTRATIVE COST PRINCIPLES AUDIT REQUIREMENTS REQUIREMENTS State. Local and Indian 2 CFR 200 2 CFR 200 2 CFR 200 Tribal Governments & Subpart D Subpart E Subpart F Governmental Hospitals Page 30 of 40 125 2. CITIZENSHIP/ALIEN VERIFICATION/DETERMINATION - The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 (PL 104-193) states that federal public benefits should be made available only to U.S. citizens and qualified aliens. Entities that offer a service defined as a "federal public benefit" must make a citizenship/qualified alien determination/ verification of applicants at the time of application as part of the eligibility criteria. Non -US citizens and unqualified aliens are not eligible to receive the services. PL 104-193 also includes specific reporting requirements. Exemptions from the determination/verification requirement is afforded the following programs offered by the Department of Health: Family Planning, Breast & Cervical Health Program (BCHP), Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), WIC Farmers Market Program, Immunization Programs, and Ryan White CARE Act programs and other communicable disease treatment and diagnostic programs. 3. CIVIL RIGHTS AND NONDISCRIMINATION - During the performance of this agreement, the Contractor shall comply with all current and future federal statutes relating to nondiscrimination. These include but are not limited to: Title VI of the Civil Rights Act of 1964 (PL 88-352), Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1683 and 1685-1686), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101- 6107), the Drug Abuse Office and Treatment Act of 1972 (PL 92-255), the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), Title Vill of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), and the Americans with Disability Act (42 U.S.C., Section 12101 et seq.). 4. SINGLE AUDIT ACT - A subrecipient (including private, for -profit hospitals and non-profit institutions) shall adhere to 2 CFR 200 Subpart F, as well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more .in federal awards during a given fiscal year shall have a single or program -specific audit for that year in accordance with the provisions of 2 CFR 200 Subpart F. A subrecipient (including private, for -profit hospitals and non-profit institutions) shall adhere to 2 CFR 200 Subpart F. 11. STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES - Following are the Assurances, Certifications, and Special Conditions that apply to all federally funded (in whole or in part) agreements administered by the Washington State Department of Health. CERTIFICATIONS 1. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION The undersigned (authorized official signing for the contracting organization) certifies to the best of his or her knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: A. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; Page 31 of 40 126 B. have not within a 3-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and D. have not within a 3-year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default. Should the contractor not be able to provide this certification, an explanation as to why should be placed after the assurances page in the contract. The contractor agrees by signing this contract that it will include, without modification, the clause titled Certification Regarding Debarment, Suspension, In eligibility, and Voluntary Exclusion --Lower Tier Covered Transactions in all lower tier covered transactions (i.e., transactions with sub- grantees and/or contractors) and in all solicitations for lower tier covered transactions in accordance with 45 CFR Part 76. 2. CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS The undersigned (authorized official signing for the contracting organization) certifies that the contractor will, or will continue to, provide a drug -free workplace in accordance with 45 CFR Part 76 by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; B. Establishing an ongoing drug -free awareness program to inform employees about i. The dangers of drug abuse in the workplace; ii. The contractor's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by paragraph (a) above; Page 32 of 40 127 D. Notifying the employee in the statement required by paragraph (a), above, that, as a condition of employment under the contract, the employee will— i. Abide by the terms of the statement; and ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; E. Notifying the agency in writing within ten calendar days after receiving notice under paragraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every contract officer or other designee on whose contract activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; F. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d) (ii), with respect to any employee who is so convicted— i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; G. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (A), (B), (C), (D), (E), and (F). For purposes of paragraph (e) regarding agency notification of criminal drug convictions, DOH has designated the following central point for receipt of such notices: Compliance and Internal Control Officer Office of Grants Management WA State Department of Health PO Box 47905 Olympia, WA 98504-7905 3. CERTIFICATION REGARDING LOBBYING Title 31, United States Code, Section 1352, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions," generally prohibits recipients of Federal grants and cooperative agreements from using Federal (appropriated) funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a SPECIFIC grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with non -Federal Page 33 of 40 128 (nonappropriated) funds. These requirements apply to grants and cooperative agreements EXCEEDING $100,000 in total costs (45 CFR Part 93). The undersigned (authorized official signing for the contracting organization) certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (If needed, Standard Form-LLL, "Disclosure of Lobbying Activities," its instructions, and continuation sheet are included at the end of this application form.) C. The undersigned shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including subcontracts, subcontracts, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 4. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT (PFCRA) The undersigned (authorized official signing for the contracting organization) certifies that the statements herein are true, complete, and accurate to the best of his or her knowledge, and that he or she is aware that any false, fictitious, or fraudulent statements or claims may subject him or her to criminal, civil, or administrative penalties. The undersigned agrees that the contracting organization will comply with the Public Health Service terms and conditions of award if a contract is awarded. 5. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE Public Law 103-227, also known as the Pro -Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or Page 34 of 40 129 loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds. The law does not apply to children's services provided in private residence, portions of facilities used for inpatient drug or alcohol treatment, service providers whose sole source of applicable Federal funds is Medicare or Medicaid, or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. By signing the certification, the undersigned certifies that the contracting organization will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. The contracting organization agrees that it will require that the language of this certification be included in any subcontracts which contain provisions for children's services and that all subrecipients shall certify accordingly. The Public Health Services strongly encourages all recipients to provide a smoke -free workplace and promote the non-use of tobacco products. This is consistent with the PHS mission to protect and advance the physical and mental health of the American people. 6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective contractor is providing the certification set out below. A. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor to furnish a certification or an explanation shall disqualify such person from participation in this transaction. B. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. C. The prospective contractor shall provide immediate written notice to the department or agency to whom this contract is submitted if at any time the prospective contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Page 35 of 40 130 D. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to whom this contract is submitted for assistance in obtaining a copy of those regulations. E. The prospective contractor agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DOH. F. The prospective contractor further agrees by submitting this contract that it will include the clause titled Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction, provided by HHS, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (of excluded parties). H. . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, DOH may terminate this transaction for cause or default. 7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS A. The prospective contractor certifies to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; ii. Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State Page 36 of 40 131 antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and iv. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default. B. Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this contract. s; , ,�. C i r ! s; SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL I TITLE Please also print or type name: ORGANIZATION NAME: (if applicable) I DATE Page 37 of 40 132 EXHIBIT F FEDERAL ASSURANCES - NON -CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the contractor, I certify that the contractor: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. ❑ ❑4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. ❑ ❑ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. ❑794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. ❑❑ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) ❑❑ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. ❑❑ 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. ❑ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Page 38 of 40 133 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. 001501-1508 and 7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 00276a to 276a-7), the Copeland Act (40 U.S.C. 0276c and 18 U.S.C. 0❑874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. ❑❑ 327-333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. ❑ 01451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 007401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 001721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 0470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 00469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 002131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching., or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 004801 et seq.) which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with 2 CFR 200 Subpart F. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. Page 39 of 40 134 SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL I TITLE Please also print or type name: ORGANIZATION NAME: (if applicable) Page 40 of 40 DATE 135 WMA TC041 COUNTY COUNCIL AGENDA BILL NO. AB2017-046 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: LR 12105116 Jan 2017 inance/Council '?./ Division Head: l' ( Dept. Head: JAN I 7017 W H NFGOM g g� COUNTY CIL Prosecutor: Purchasing/Budget: Executive: 6, ! ^% . / TITLE OF DO T. Northwest Regional Council (NWRQ Jail's Nursing Services Contract Amendment ATTACHMENTS. Letter to Jack Louws Northwest Regional Council Contract Amendment 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.) The Corrections Bureau has an existing contract with NWRC to provide nursing services to offenders at the downtown Jail, the Work Center and Juvenile Detention. This Amendment reflects an increase in the hourly rate for Jail nursing services to reflect increases in both health care costs and cost of living increases for nursing staff. It also changes Juvenile Detention's billing to a flat, per month rate. 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. Mile COUNTY S H' RIIF gas O PHICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 TO: FROM: RE: DATE: ll_l U91-1XIR I DIIFTIT11, Jack Louws, County Bill Elfo, Sheriff Contract for Nursin December 5, 2016 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG 14-A FVVICK CHIEF DEPUTY Sri EVE COOLEY CHIEF INSPECTOR WENDYJONES CHIEF OF CORRECTIONS L JA N 1 0 2017 C4XECUTIVE ��5 ces with Northwest Regi Enclosed are two (2) originals of Amendment #5 to Whatcom County Nursing Services Contract #201411031 between Whatcom County Jail/Juvenile Detention and Northwest Regional Council (NWRC) for your review and signature. ■ Background and Purpose The Corrections Bureau has an existing contract with NWRC to provide nursing services to offenders at the downtown Jail and Work Center. In the fall of 2015, Whatcom County Juvenile Detention was added to that contract. An amendment for 2017 was previously signed and forwarded to the Executive's office, to allow nursing services to continue after December 30tn while negotiations continued with NWRC. Those have now concluded and the attached amendment #5 reflects those changes. The amendment reflects both an increase in the hourly rate for the Jail nursing services and a change in billing to a flat, per month, rate for Juvenile Detention. ■ Funding Amount and Source Funding for the Jail and Work Center will come from cost center 118160.6635.003 with a maximum annual compensation of $1,206,943 .00 . Juvenile Detention's funding will come from their budget and cost center 1970 with a maximum annual compensation of $41,004.00 for the year. ■ Differences from Previous Contract The annual maximum compensation for the Jail and Work Center has increased by $43,625.00. The maximum annual compensation for Juvenile Detention has decreased by $10,580.00. The hourly wage was negotiated from $49.60 to $51.46 to reflect increases in both health care costs and cost Our Vision: The Office of Sheriff: Dedicated to making VThatconz County the Safest in the ,State through 1'5,ce1jeiace In Pl Safety of living increases for the nursing staff. As a result, the total maximum compensation for this agreement will be $1,247,947.00. Please contact Wendy Jones at x6506 if you have any questions or concerns regarding this agreement. Encl. (2) 138 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET � 0 Ic4 1 d Q 3 Originating Department: Sheriff/Corrections Division/Program: (i.e. Dept. Division and Program) Jail/Juvenile Detention Nursing Services Contract or Grant Administrator: Laurie Reid Contractor's / Agency Name: Northwest Regional Council Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes E`—" No ❑ Yes ❑ No P If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: ;z O t L4 l ® 3 I Does contract require Council Approval? Yes 2--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 0� If yes, Whatcom County grant contract number(s): Is this contrpet the result of a RFP or Bid process? Contract Yes No ❑ If yes, RFP and Bid number(s): 14-38 Cost Center: 118160.6635.003 Is this agreement excluded from E-Verify? No ❑ Yes �f no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: Ef rofessional services agreement for certified/licensed professional. ❑ 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 Council approval required for; all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ 1,214,902.00 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, professional services, or $ 33,045.00 other capital costs approved by council in a capital budget appropriation ordinance. Total Amended Amount: $ 1,247,947.00 3. Bid or award is for supplies or equipment included approved in the budget. 4. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: Northwest Regional Council will provide nursing services to inmates in the Jail and Work Center and detainees in Juvenile Detention. Funds for Jail and Work Center ($1,206,943.00) to come out of the Jail budget and funds for Juvenile Detention ($41,004.00) to come out of Juvenile Detention budget. Term of Contract: 1 year I Expiration Date: 12/31/17 Contract Routing: 1. Prepared by: LR Date: 2. Attorney signoff: Date: 3. AS Finance reviewed: Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: 12/05/16 k 1t 0 - I (a Ii�- Last edited 10/31/16 139 Whatcom County Contract No. Amendment No. 5 201411031-5 Whatcom County Contract No. 201411031 CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST REGIONAL COUNCIL (NWRC) THIS AMENDMENT is to the Contract between Whatcom County and Northwest Regional Council (NWRC), dated December 10, 2014 and designated "Whatcom County Contract No. 201411031". In consideration of the mutual benefits to be derived, the parties agree to the following: This Amendment changes the following: Exhibit "A" (Scope of Work) Contractors Responsibilities: Supervise the activities of the Jail Health Program (JHP) and coordinate the delivery of health care to the inmates at the Whatcom County Jail and Work Center for a total of 23,454 hours for the duration of this contract. Provide a team of health care professionals to provide direct nursing services and coordinate other medical care as necessary to detainees at Whatcom County Juvenile Detention. Hours for Juvenile Detention will be on an as needed basis, and will flex depending on acuity and number of juvenile offenders, and may, at times, require additional nursing resources. Add to Exhibit "B" (Compensation): The full range of Contractor's services shall be billed at the rate of $ 51.46 per hour for each hour worked by each JHP staff member working in the County Jail Facilities. Juvenile Detention, will be billed a flat rate per month of $3,417 for a total annual amount of $41,004. The maximum annual compensation under this agreement in the amount of ONE MILLION, TWO HUNDRED AND FORTY SEVEN THOUSAND, NINE HUNDRED AND FORTY SEVEN ($1,247,947.00). The Contractor will invoice Whatcom County Jail/Work Center and Juvenile Detention separately as follows: Whatcom County Sheriff's Office ATTN: Laurie Reid Jail Administration 311 Grand Ave. Bellingham, WA 98225 Whatcom County Juvenile Detention ATTN: Kim Burke Whatcom County Courthouse, 6th floor 311 Grand Ave. Bellingham, WA 98225 Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect: January 1, 2017 regardless of the date of signature. IN WITNESS WHEREOF, Whatcom County and Northwest Regional Council (NWRC) have executed this Amendment on the date and year below written. DATED this day of 2�P12 CONTRACTOR: NcgfthwesttAegional Council ( Dan Murphy, Execu STATE OF WASHINGT N ) ) ss. COUNTY OF WHATCOM ) 2017 NWRC (Nursing Contract) 140 On this 10 day of�, 20 ( 4; before me personally appeared Dan Murphy to me known to be the Executive Director of Northwest Regional Council (NWRC) and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. r�"— I NOTARY PUBLIC in and for the State of Washington, residing at c C�v My commission expires O°t ' `3 i WHATCOM COUNTY: cdr Approval: Elfo I Date Approved as to form: Prosecut4 Attor y Date Approved: Accepted for Whatcom County: LIM 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. CONTRACTOR INFORMATION: Northwest Regional Council (NWRC) Dan Murphy, Executive Director 600 Lakeway Drive, Suite 100 Bellingham, WA 98225 Contact Phone: 360-676-6749 Contact Fax: 360-738-2451 Contact Email: MurphDK@dshs.wa.gov 2017 NWRC (Nursing Contract) NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires 141 WHA1 CUM C,'UUNT'Y CUUNCIL, AGLNIIA BILL Na . ... "_' CLEARANCES Initial Date Date Received in Council Of fce Agenda Date Assigned to: Originator: Dee 12/1W6 EA V D �� 1/24/2017Finance/Council Division Head: Dept. Head: N 17 2017 Prosecutor: j �� � WHATCOM COUNTY Purchasing/Budget: COUNCIL Executive: TITLE OFDOM—AfENT. Contract Amendment #1 for Services Agreement —Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work Center. ATTACHMENTS. Proposed Contract Amendment #1 Documents SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The County Executive requests Council approval to enter into this contract amendment between Whatcom County and Design2LAST, Inc. to provide Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail and Work Center. 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 whatcoa o e leouncil 142 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET Originating Department: Facilities Management Contract or Grant Administrator: Michael Russell Contractor's / Agency Name: design2LAST, inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ® No ❑ Yes ❑ No ® If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: 201607005 Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this 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): 16-13 Cost Center: 337100 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ® Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $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 F1 WA. Contract Amount:(sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): $ 151,882.94 • Professional Services Agreement above $20,000. This Amendment Amount: • Bid is more than $50,000. $ ' 3 • Amendments that have either an increase greater than 10% or '', `'A provide a $10,000 increase in amount (whichever is greater) Total Amended Amount: ^.7 - °'. , 2 RENEWALS: Council approval is not required when exercising an option to renew that is provided in the original contract. Summary of Scope: This contract Amendment # 1 is between Whatcom County and design2LAST, inc. is for the Contract for Services Agreement, Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work Center. Term of Contract: Expiration Date: 12/31/17 Contract Routing: I . Prepared by: Dee Ebergson Date: 2. Attorney signoff: Date: 3. AS Finance reviewed: Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: Last Edited 060414 �l WHATCOM COUNTY ADMINISTRATIVE SEVICES Whatcom County Courthouse 311 Grand Ave, Suite 108 Bellingham, WA 98225-4083 MEMO TO: Jack Louws, County Executive �i 11 ,,, FROM: Michael Russell, Facilities Manager DATE: January 9, 2017 FACILITIES MANAGEMENT 316 Lottie Street Bellingham, WA 98225-4010 Phone: 360.778-5360 Fax: 360.778-5361 Facilities@co.whatcom.wa.us MICHAEL RUSSELL Facilities Manager RE: Amendment #1 - Contract for Services Agreement — Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work Center. Attached are two (2) originals of contract Amendment #1 for the Contract for Services Agreement — Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work Center between Whatcom County and design2LAST, inc. for your review and signature. ® Background and Purpose This Amendment is authorization for Design2Last and consultants to continue the project into Phase 1 B of the Scope of Work, and as is indicated by the overall project schedule of Phases in the contract. Completed / Phase 1-A: Preliminary Study, Assessment, and Cost Estimate Report Provide an overview of the code compliance, structural deficiencies, operational improvements, proposed solutions, and preliminary costs of suggested improvements. Prioritize the recommendations for implementation, with immediate, mid, and long-term phases and preliminary cost estimates along with life -cycle cost analysis of the building. • Final Report was completed in November with a list of projects to address deficiencies at the Jail, along with preliminary cost estimates. Phase 1-13: Detailed Investigation, Assessment, Project Scopes and Cost Reports. This Contract Amendment provides authorization to continue the process towards Jail upgrades. Deliverables of this phase will provide design information and a detailed scope of work for refined cost estimates and the information necessary to formulate refined Project Budgets for continuation into Phases 2 & 3. 144 Future / Phase 2 (Construction Documents & Bid) and Phase 3 (Construction Administration) These phases will follow the completion of Phase 1-B. ■ Funding Amount and Source Funding amount needed for this contract is $218,404.26. This contract funding is provided through the Jail Improvement Fund. Differences from Previous Contract This project is a one-time agreement. Please contact Michael Russell at extension 5365, if you have any questions or concerns regarding the terms of this agreement. Enclosures 145 Whatcom County Contract No. CONTRACT AMENDMENT #1 Contract for Services Agreement Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail (Public Safety Building) and Work Center This AMENDMENT is to the Agreement made between Whatcom County and design2LAST, inc., dated June 30, 2016 and designated "Whatcom County Contract No. 201607005". In consideration of the mutual benefits to be derived, the parties agree to the following: This amendment modifies contract language as listed in Exhibit "A" and Compensation Exhibit "B". The total for Amendment #1 is $218,404.26 for new total of the contract with the amendment will be in the amount of $370,287.20 including applicable Washington State Sales Tax. Unless specifically amended by this agreement all other terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect stated. IN WITNESS WHEREOF, the parties have executed this Agreement this 67 day of JAqkAlui -. DESIGNER: La rauss, IA LEED AP BD&C, President & CEO Q STATE OF R / ) COUNTY OF a ) On this day of , 20 1!:-, before me personally appeared Lauri Strauss to me know to be the President & CEO of design2LAST, inc., and who execu-tej the above instrument and who acknowledged to me the act of signing and seating thereof. ®kj�ee,® NOTARY PUBL in and for the State of Washin on, residing at My commission expires g ® W s S ®; WAS Contract Amendment #1 Agreement — design2LAST, inc. Page 1 146 WHATCOM COUNTY: Approved as to form: By. 9,�✓U it Prosecuting Morney 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: Design2LAST, Inc. Address: Design2LAST, inc. 543 Main Street, Suite 101 Edmonds, WA 98020 Mailing Address: 543 Main Street, Suite 101 Edmonds, WA 98020 Contact Name: Lauri Strauss, AIA LEED AP BD&C, President & CEO Contact Phone: (426) 673-7269 Contract Amendment #1 Agreement — design2LAST, inc. PIV I 1. Lauri Strauss, AIA LEED AP BD+C l lauri@design2LAST.com deSlgn2 543 Main St, Suite 101 LAST Edmonds, WA 98020 o.425.673.7269 c.907.317.5040 inc. g www.design2LAST.com 06 December2016 Garrett Maupin, Construction Coordinator Whatcom County Facilities Management 316 Lottie Street, Bellingham, WA 98225 RE: Whatcom County Building Assessment Studies - Jail and Work Center Contract # 201607005 — Phase 1 B Bellingham, WA Dear Mr. Maupin, deli n2 LAST, i c is pleased to offer the continuation of our facility condition assessment (FCA) and architectural design services to Whatcom County for the Jail and Work Center Building Assessment Studies. Attached is our detailed fee proposal information for the work to perform these services. The following documents are our understanding of the scope of services and deliverables we are to provide for Phase 1 B of this project. Project Description desig 2 LAST was retained by Whatcom County to perform building assessments on the existing Jail, (Public Safety Building) and the existing Work Center — formally known as Phase 1 A. These assessments addressed two issues; the physical condition of each building; and the operational condition of each facility. The objective of the assessments was to identify building systems, materials, and procedures that can be improved to increase building safety and reform processes which would allow the facilities to remain in operation until such time as a new Public Safety Building can be procured, constructed, and occupied. Our objective was to complete a high level review of overall systems without getting into a full, invasive study of each piece of equipment. We also reviewed the existing plans, upgrades, studies and evaluations that were done previously. At the conclusion of Phase 1 A, we issued a report that identified changes and upgrades for consideration, and the costs associated with those. The costs were rough order of magnitude (ROM) and were reflective of the limited level of detail desired by Whatcom County at that stage. The costs allowed the County to select from a long list of issues they would like to address in more detail. Phase 18 — DETAILED INVESTIGATION, ASSESSMENT, PROJECT SCOPES AND COST REPORTS Whatcom County has made their selections and has provided a list of ten tasks they would like the facility condition assessment (FCA) team to further evaluate in Phase 1 B of this investigation. Those tasks are listed on the following page. We have further determined the scope for each task and this proposal includes fees for completing each task separately. The following paragraphs define each task and also describe what information is to be delivered by the facility condition assessment (FCA) team to the County upon conclusion of each task. The deliverables are underlined for clarity. The intent of Phase 1 B is to allow Whatcom County to select which tasks will move into design and be completed as projects for the county to construct N Um SummaryofWorkRequired Probable Cost Jack Task No, kem DescriptionlObservation (FICA team recornmendsactionon the items shown in bold read) (hard & soft costs) Authorized 3 Domestic Water Lack of seismic bracing on Determine which equipment needs tobebraced and provide bracing $48,571.00 YES Distribution equipment 4 Domestic Water Multiple failures have been Replace entire domestic water distribution piping system $1,103,860.00 PARTIAL Distribution reported and continue (would eliminate renewal &9) Sprinkler coverage in the stairwells and Sky Bridgedoes 5 Fire Protection not appear tomeet current Extend system to stair wellsand sky bridge, repair leaks, add seismic bracing as needed $790,585.00 YES Sprinkler Systems standards. Some signs of leaks. Seismic bracin g not observed. 6 Heat Generating Lack ofseismicbracing on Determine which equipment needs tobebracedand provide bracing $72,857.00 YES Systems equipment Cornpl*W faC`�Saiib[�Et,}+x1F4t"A('�;538�£k5 design and �.4�t4a`ll d5 nST�'bfS#343Vr`.�£5%+Y$G#Yb's.y�+�''aai3k(l4'theyall L Identify system type best suited for renovation and building construction type The jail does not contain a Tm jail II•Identify,using theexistingdrawings, where the roof hatches need to be placed HVAC csnotcontainauation system, a Do a structural analysis of roof opening locations to determine the best location for the UN1Es5WS CAN 7 Distribution mandatory code requirement. hatches $817,260.00 RNDAN Systems This system was required but iv. Evaluate the fire protection system to determine if the hatch alarms can be added or if a new ORIGINAL WAIVER OETHIS not installed in the original system will be required REOUIRENFNT construction, v, Provide conceptual sketches and narrative to describe the installation vi. Provide cost estimate for construction including hard and soft costs ofupgrades YES $ Institutional At 3S years old, the kitchen and laundry equipment has reached Replace equipment items that have exceeded expected useful li fie $ 714,692.00 ONLY EQUIPMENT Equipment life (would eliminate renewal R5) THATCANBE the end of useful MOVED TO NEW JAIL Repair all doors and hardware I. Rem oveexistingdoors fromframes - strip paint. patch an d repair damag e, refin ish, r ehang g Interior Doors ❑oorsanddoorlocksare door $490,755.00 YES damaged and in disrepair i{ Remove hardware- dean, repair, and/or adjust (would el urinate renewal &6) Complete investigatlo a oir9,asrr aoc� ariiy fnffrtstructme 0f the Jail i. Provide an inventory of the doors and hardware and identify which need to be replaced and Doors and door locks are failing which need to be repaired. Interior Doors due to inmate abuse which is a H, Provide a narrative opinion ofwhich doors are currently in working order but may need repair $152999500 YES tO major safety and security in the 2-4 year time flame. problem iii. Provide cost estimate including hard and soft costs for the door and hardware construction upgrades (would eliminate renewal #6) gdt tjlyaand f6c thedeiny esxrx s•jieh Rher rxxs rscp Hghtzat t$r!g,kO and the. Wwk i. Inventory the existing light fixtures and generator at each facility There is a 10 to 15 second delay h. Perform light meter testing to determine ifedsting lighting meets cocle, and/or ifmore light h before emergency lighting needed for safe operation ofthe facility. Lighting and comes on because this lighting iii. Interview the maintenance and staff personnel and review operation ofthe facility to verify YES, 12 Branch Wiring ison'house°power and does which existing emergencylights need to be addressed and which areas need emergencylights $ 572,652.00 PARTIAL not have battery backup power. but currently do not have them. This could represent a serious iv. Provide a narrative opinion ofchanges to be implemented to ensure lights remain on during safety problem. apower outage v. Provide cost estimate ofconstruction upgrades including hard and soft costs for the lighting, UPS, Generator, and/or controls. Sanitary sewer near basement YES, 17 Sanitary Waste level reported problems with Replace sanitary sewer piping at basement level to building connections, install muffin monster. $ 279,285.00 PARTIAL piping system Scope of Services Task 3 - Domestic Water Distribution - Seismic Bracing: $11,781.82 Determine which equipment needs to be braced and provide a design plan for bracing i. Field survey equipment for seismic bracing ii. Provide conceptual sketches and narrative to describe the deficiencies Hi. Provide cost estimate for adding the bracing including hard and soft costs design2 LAST 1543 Main Street, Suite 101, Edmonds, WA 98020 1 o.425-673-7269 c.907-317-5040 pg. Original Printed on 100916 Recycled Paper 149 Task 4 - Domestic Water Distribution - Replace or Partially Replace Piping: $17,378.14 a. Determine which portions and location of piping to be replaced i. Field Investigation & Review As -Built Documents ii. Coordination with Owner and Architect iii. Analysis, Options Development & Recommendations for Selective Piping Replacement iv. Provide narrative and/or plans to describe pipe locations, sizes, types and condition v. Provide cost estimate for construction including hard and soft costs Task 5 - Fire Protection - Extend Sprinkler System: $13,885.64 a. Provide fire sprinkler system evaluation and study at Whatcom County Jail: i. Review as -built fire sprinkler drawings / shop drawings ii. Conduct one day site walk to review existing conditions iii. Verify where the fire sprinkler coverage of the entire Jail facility meets current codes iv. Verify if fire sprinklers are required at the stairwells and the sky bridge between the jail and courthouse and in the inmate cells v. Verify the scope of work required to update the fire sprinkler system vi. Create a report summarizing recommendations and the scope of the design vii. Coordinate with cost estimator viii. Provide cost estimate for construction including hard and soft costs Task 6 - Heat Generating Systems - Seismic Bracing: $12,177.82 a. Determine which equipment needs to be braced and provide a design plan for bracing i. Field survey equipment for seismic bracing ii. Provide conceptual sketches and narrative to describe the deficiencies iii. Provide cost estimate for adding the bracing including hard and soft costs Task 7 - HVAC Distribution - Smoke Evacuation System: $ 42,239.64 a. Complete a feasibility analysis to design and install a smoke evacuation system in the Jail i. Identify system type best suited for renovation and building construction type ii. Provide physical security input into the design of the new system with a narrative iii. Feasibility analysis to design and install a smoke evacuation system in the Jail iv. Review existing drawings for feasibility of demolition and new construction v. Field Investigation & Review As -Built Documents — Verify Existing System Operation and Capacity vi. Coordination with Owner, Architect and Design Team for addition of fans, relief openings, operable intake openings and building automation system (BAS) control interface vii. Analysis and Calculations viii. Options Development and Recommendations ix. Analysis and Narrative for Electrical Impacts x. Provide conceptual sketches and narrative to describe the installation xi. Provide cost estimate for construction including hard and soft costs of upgrades design2 LAST 1543 Main Street, Suite 101, Edmonds, WA 98020 1 oA25-673-7269 c.907-317-5040 pg., 150 Original Printed on 100916'Recycled Paper Task 8 - Institutional Equipment: $ 20,454.14 b. Determine which equipment needs to replaced and provide recommendations for new equipment i. Identify and evaluate equipment to determine if it has reached its expected useful life and needs replacement ii. Note any equipment with code compliance issues iii. Provide narrative itemizing equipment to be replaced iv. Provide cost estimate for construction including hard and soft costs Task 9 - Interior Non -Secure Doors - Finishes and Hardware — Non -Inmate areas: $ 52,371.14 a. Field Survey each door opening and frame i. Review doors for ADA compliance and clearances. (Doors only, does not include rooms) ii. Review if each set of door hardware is in good working order iii. Review security electronics with team's engineer iv. Provide a narrative on conditions of existing doors and recommended fixes v. Provide floor plan graphic and door schedule vi. Provide cost estimate for construction including hard and soft costs Task 10 - Interior Secure Doors - Finishes and Hardware — Inmate areas: $ 48,988.64 Field Survey each door opening and frame i. Review doors for ADA compliance and clearances. (Doors only, does not include rooms) ii. Review condition of doors and frames iii. Review if each set of door hardware is in good working order iv. Review security electronics with team's engineer v. Provide a narrative and/or plans identifying conditions of existing doors, frames and hardware and recommended fixes vi. Provide floor plan graphic and door schedule vii. Provide cost estimate for construction including hard and soft costs Task 12 - Lighting - Emergency Generator Delay: $15,783.14 a. Identify and fix the delay issue with the emergency lights at the Jail i. Field Survey to inventory the existing light fixtures and generator ii. Review as -built documents iii. Interview the maintenance and staff personnel and review operation of the facility to verify which existing emergency lights need to be addressed and which areas need emergency lights but currently do not have them iv. Provide a narrative and/or control diagram identifying changes to be implemented to ensure lights remain on during a power outage v. Provide cost estimate of construction upgrades including hard and soft costs for the lighting, UPS, Generator, and/or controls Task 17 - Sanitary Waste - Improvements to Kitchen Drainage: $14,844.14 b. Determine which (if any) portions of piping need to be replaced, or identify other ways to solve the drainage issue in the kitchen area. design2 LAST 1543 Main Street, Suite 101, Edmonds, WA 98020 1 o.425-673-7269 c.907-317-5040 pg. Original Printed on 100%Recycled Paper 151 vi. Field Investigation & Review As -Built Documents vii. Coordination with Owner and Architect viii. Analysis, Options Development & Recommendations for Selective Piping Replacement and Improvements ix. Provide narrative and/or plans to describe the changes x. Provide cost estimate for construction including hard and soft costs Options to combine similar tasks: There are several tasks that are similar in scope and/or are provided by the same consultant discipline. Combining these will allow the County to realize some savings in management, administration and travel costs. These options are listed below. The County can select any combination of these or can choose to award all the tasks concurrently, which will provide the maximum value to the County. Option A - Combine tasks 3 and 6: Subtract $3000.00 in management, admin and travel fees $ 20,959.64 Option B - Combine tasks 9 and 10: $ 85,359.78 Subtract $16000.00 in management, admin and travel fees Option C - Combine tasks 4 and 17: Subtract $7000.00 in management, admin and travel fees $ 25,222.28 Option D - Combine all 10 tasks: $218,404.26 Subtract $31,500.00 in management, admin and travel fees Deliverables Phase 1 B Deliverables for each task are underlined above. The design team may decide to provide alternative deliverables for each task to clearly identify and define the project as appropriate. Changes to deliverables determined during the Phase 1 B evaluation period will be discussed with the County. Combined tasks will include combined deliverables. Option D will include combining all related information into one deliverable, such as a master plan, master narrative, and single cost estimate. Sub Consultants desigro,2 LAST has included the same team members for Phase 1 B that provided information for Phase 1 A. These firms include: Architects Rasmussen Triebelhorn(A-RI) ..................Criminal Justice Facility Design and Operations MENG Analysis...............................................................Facility Condition Assessment and Cost Estimating Hargis Engineers.................................................................Mechanical, Electrical, and Security Engineering SCBCEngineers..................................................................................................................... Structural Engineering Clevenger and Associates..................................................... Kitchen and Laundry Design and Operations design2 LAST 1 543 Main Street, Suite 101, Edmonds, WA 98020 1 o.425-673-7269 c.907-317-5040 pg.-T Original Printed on 100% Recycled Paper 152 Schedule desalt 2 LAST is prepared to begin work on this contract immediately. Upon notice to proceed, we will prepare a schedule showing the actual dates for completing each task. Phase 1 B will take 12-16 weeks, depending on the level of effort the County wishes to pursue and which tasks are selected. Deliverable for Phase 1 B will also include a draft submittal, County review period, review meeting, and final submittal. Phase 2, Construction Documents; and Phase 3, Bidding and Construction schedules will be determined by the tasks identified and approved by Whatcom County for design and construction. Clarifications and Assumptions 1. This proposal is offered as a lump sum fee. 2. Task Fees listed in the spreadsheets are determined as if each task is to be contracted separately per request of Whatcom County Construction Coordinator. Fees Attached is a copy of our detailed fee proposal. Each task is summarized separately. desggn2 LAST will invoice monthly on a percentage complete basis for each task, and/or upon completion of each task. I thank you for this opportunity and look forward to working with you on this project. If you have any further questions regarding this proposal, please feel free to contact me. Sincerely, ylF r �q f f �3 f! Lauri Strauss, AIA LEED AP BD&C, President and CEO design2 LAST 1 543 Main Street, Suite 101, Edmonds, WA 98020 1 o.425-673-7269 c.907-317-5040 pg. Original Printed on 1009,6 Recycled Paper 153 9 n: Ar X O N O O O O N jp Ur u1 6 6 1 0 0 1 1 o cq m 6 v�i F V r 0% e n 00 .- r Ln n N' i N C O V ; vir air Vr air Vr Vr Vr Vr Vr VI- i/r O O C3 Ln 1 N h (3N Ln N L f O CO is An. Vr Vr Vr Vr a/r VI- v VT Vr F O O 1 O[t I d1 i0 cc 0 - M z N 1 F— 00 'J Lfl r yr Vr air Vr air Vr Vr Vr Vr Vr V} W O O to 1 0^0 Oo O 1 1 co co 0 r C Y- M /} Vr a!r Vr Vr Vr Vr a/r Vr An 40 O O O 1 d0 O OLn Ln (6 o le M M N Lr1 Vr Vr Vr Vr Vr Vr Vr Vr air y* O O O P o Ln O 1 m rn O, LA t Lr) T n F— % n C N +ii? Vr Vr air Vr Vr air Vr Vr air i/! n I N 1 QL r %0 Lp H M 00 k N V� rvi n N V} VT VF Vr Vr a/: Vr a/r Vr a/r t/T O N ONO O O 1 N Ln Co O - Gi N ^ rl ^O N F- �r - Ln N An in air Vr Vr air air Vr air air an O W O O 1 � N O^ tn i0 O (ON Go 0 co tt} Vr Vr Vr air Vr Vr Vr Vr Vr L! —0 m �o m M F— OD m Lri N vt air Vr yr air Vr Vr Vr Vr Vr v► 0 N OR O O 0 N 1 r � N OD 0 '00 00 N N ah Vr Vr air air air air Vr air air e- ih Y N 0 tw C: c a o E J .a W a u L N v Q u 0 E 0 0 ]G to 0 0 V 'F. CL1 e M G1 vi In < a Vlrq C � C � Lis �tJ pt 3 qp 3 m fj a. kn uuii E:` EllJ._ hnNsrcm'aw++w�o •ln 3 154 Exhibit "B" (COMPENSATION) As consideration for the services provided pursuant to Exhibit A, Scope of Services and 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 are 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 and Subconsultants Fees 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. Total fee for contract amendment is not to exceed two hundred eighteen thousand four hundred four dollars and twenty-six cents ($218,404.26) 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. Contract Amendment #1 Agreement — design2LA5T, inc. 1Pagejo WHATCOM COUNTY COUNCIL AGENDA RTT.T, nrn AB2017-048 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: 12119116 Originator: DB Jan.24 2017 Finance/Council' Division Head: 1 i� F� T C F� COUNCIL Dept. Head: DB 12119116 Prosecutor: 141 KNF 1/3/2017 MDC 12119116 Purchasing/Bu ' vdget: Executive: ) / 7. 1 ', TITLE OFDOCU NT: Memorandum ofAgreeement between Whatcom County and Washington State University ATTACHMENTS: Appendix A, Contract Amendment Form SEPA review required? (. ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) A memorandum of agreement provides salary and program support to provide an extension program between January 1 and December 31, 2017. 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.whatcomwa.us1councjj. 15b WHATCOM COUNTY WSU Whatcom County Extension 1000 N Forest Street, #201 Bellingham WA 98225 MEMORANDUM TO: Jack Louws, County Executive FROM: Drew Betz, Director rj va�V2 RE: Memorandum of Agreement with Washington State University DATE: January 4, 2017 Drew Betz Director Enclosed is the necessary paperwork for a contract extension with Washington State University to continue the jointly sharing of costs for faculty positions and program support in Extension Whatcom County and Washington State University for your review and signature. Background and Purpose ■ Continue to share costs for faculty positions in WSU Whatcom County Extension serving Whatcom County. ■ Continue cost sharing for Forestry Program to serve Whatcom County in 2017. ■ Include the majority of funds from Whatcom County Solid Waste in the WSU Contract. Hiring will be done through WSU to support the goals of the agreement with Solid Waste. The work will be done through our community horticulture program. ■ Funding Amount and Source 2017 Whatcom County General Fund Budget for Whatcom County WSU Extension, $111,437.00 and $50,000.00 from the Health Department Solid Waste Division. The $50,000 represents an increase based on needs programmatic requests from Solid Waste. Differences from Previous Contract $15,000 was added -for Recycling and Composting Education. We will incorporate these funds into our Community Horticulture program and enhance the training and delivery of this education through the Master Gardener and Community Gardens programs and in cooperation with other programs in our office. There is a $3,626 increase in contributions to faculty salaries to meet the contribution level asked by WSU for 2017. Please contact Drew Betz, WSU Whatcom County Extension, at extension 5805, if you have any questions or concerns regarding the terms of this agreement. Encl 157 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 9909009 - 6 8 Ori inatin Department: Cooperative Extension Dlvision/Pr0 am: (i.e. Dept. Division and Program) Click here to enter text. Contract or Grant Administrator: Drew Betz Contractor's / Agency Name: Washington State University Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes x No Yes ❑ No X if Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: 9909009 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, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No x If yes, RFP and Bid number(s): Cost Center: Is this 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 $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. X Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract Council approval required for; all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ 1,409,098.90 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, professional services, or $ 161,437,00 other capital costs approved by council in a capital budget appropriation ordinance. Total Amended Amount: $ 1,570,5390 3. Bid or award is for supplies or equipment included approved in the budget. 4. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: This amendment continues the shared agent costs for WSU Whatcom County Extension for 2017, includes the cost of the forestry extension program for 2017 and incorporates funding from Whatcom County Health Department /Solid Waste Division into this contract for 2017. Term of Contract: 12 months Expiration Date: 12/31 /2017 wnuau icouLuig: i. rreparea oy: llrew Betz Date: 12/19/2016 2. Attorney signoff: KNF Date: 1/3/2017 3. AS Finance reviewed: MCaldwell Date: 22/19/2016 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: ✓ Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: Last edfted 10/31/16 158 Amendment No. 18 Whatcom County Contract No. 9909009 CONTRACT BETWEEN WHATCOM COUNTY Washington State University AND Whatcom County Contract No. 9909009-18 THIS AMENDMENT is to the Contract between Whatcom County and_ Washington State University dated September 22, 1999 and designated "Whatcom County Contract No.9909009". In consideration of the mutual benefits to be derived, the parties agree to the following: Appendix A to this agreement is amended as set forth in the Amended Appendix A Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect: January 1, 2017 regardless of the date of signature. IN WITNESS WHEREOF, Whatcom County and Washington State University have executed this Amendment on the date and year below written. DATED this CONTRACTOR: Washington State University day of Daniel Nordquist, AVPRA Office of Grant and Research Development STATE OF WASHINGTON ) ) ss. COUNTY OF WHITMAN ) 2017 On this _ day of , 20_, before me personally appeared to me known to be the of the and who executed the above instrument and wh signing and sealing thereof. o acknowledged to me the act of NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires 159 WHATCOM COUNTY: Approved as to form: Prosecuting Attorney Date Approved: Accepted for Whatcom County: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2017, 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: Daniel G. Nordquist AVPRA Office of Grant and Research Development Washington State University Mailing Address: OGRD Washington State University Pullman, WA 99164-3140 Contact Name: Dan Nordquist Contact Phone: (509)335-9661 Contact FAX: (509)335-1676 E-mail: ogrd@wsu.edu 160 INTERAGENCY AGREEMENT Between WASHINGTON STATE UNIVERSITY EXTENSION And Whatcom County APPENDIX A Professional Services Contract The following individuals and programs will be jointly funded under this Memorandum of Agreement through a Professional Services Contract for the period January 1 through December 31, 2017. $ Amount for County Portion County Director * $27,820.00 4H Agent $24,539.00 Agricultural Systems Agent $24,539.00 Water Resources Agent $24,539.00 Extension Forestry Program $10,000.00 Community Horticulture Program $50,000.00 Total $161,437.00 *Includes department head responsibilities for one Extension Educator. Richard Koenig Associate Dean and Director WSU Extension Date Jack Louws Whatcom County Executive Dan Nordquist Date AVPRA/Director Office of Grant & Research Development Date 1 161 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2017-049 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator SW 01 /13/17 01 /24/17 Finance/Councii Division Head. - Dept Head: N' 17 2017 Prosecutor: Purchasin /Budget: Executive: TITLE OF DO � . Award of Bid #16-53, Health Department Creekside Offices ATTACHMENTS: Memo from Finance and Facilities 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.) Facilities Management request approval to award Bid #16-53, and authorize the Executive to enter into a contract with Jensen Lee Construction, in an amount not to exceed $54,094.55. This approval request is subject to approval of Supplemental Budget ID #2228, scheduled for Council Action on January 24, 2017. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the county's website at: .co.whatcom.wa.us/council. 162 WHATCOM COUNTY ADMINISTRATIVE SERVICES DATE: January 13, 2017 TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manger FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager SUBJECT: Award of Bid #16-53, Health Department Creekside Offices • Background Bids were duly advertised for the Health Department Creekside Offices project. Bid packets were distributed to 13 general contractors and 12 regional plan centers. Two bids were received on Tuesday, October 25, 2016. The apparent low bid contractor withdrew their bid proposal. The second bid received is noted below: VENDOR TOTAL BID Jensen Lee Construction $ 54,094.55 Facilities Management requests approval to award Bid #16-53, and authorize the Executive to enter into a contract with Jensen Lee Construction, in an amount not to exceed $54,094.55. • Funding Funding for this purchase has been requested by the Health Department on Supplemental Budget #2228, which was introduced at the Whatcom County Council meeting on January 10, 2017, and is scheduled for Council action on January 24, 2017. Subject to Council approval of this supplemental budget, I concur with this request. A -Finance Manager Approved as Recommended: County Executive Date of Council Action 163 WHATCOM COUNTY ADMINISTRATIVE SEVICES Whatcom County Courthouse 311 Grand Ave, Suite 108 Bellingham, WA 98225-4083 MEMO TO: Brad Bennett, Finance Manager / FROM: Michael Russell, Facilities Mana 0 Z DATE: January 11, 2017 FACILITIES MANAGEMENT 316 Lottie Street Bellingham, WA 98225-4010 Phone: (360) 778-5360 Fax: (360)778-5361 Facilities(&co.whatcom.wa.us MICHAEL RUSSELL Facilities Manager : Recommend to Award Bid #16-53 —Health Department Creekside Offices iiiM/eeirc.: r.rr..i�i�Yr,,.iri i✓ri: ::i.,iai, ri✓ rrri,!:erio✓rszri,,i;;rvrr.,�i��o: irii ira�✓uri ri ricyia: riiuirir„ ✓i.�orii�e;ri.: .piecYr rsie ririsr,ri., -Fl .ri i,r .,ram eriori, On Tuesday, October 25, 2016 two bids were received in response to Whatcom County Bid #16-53, Health Department Creekside Offices. The following bids were received: Base Bid ✓ Summit Construction in the amount of: $53,263.00 (Bid Withdrawn) ✓ Jensen Lee Construction in the amount of: $54,094.55 Jensen Lee Construction met all of the required specifications for performing the work required for this project. It is the recommendation of this office that the sole bid submitted by Jensen Lee Construction be accepted for this project. Funding amount needed for this contract is $54,094.55 including WEST. Funding is provided by the Health Department Chemical Dependency/Mental Health Operations Budget; Account 124100.7070 If you need additional information, please contact me at extension 5365. 164 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2017-050 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SW 01/12/17 f I �� > l V L �D 01/24/17 Finance/Council Division Head: JAN 17 2017 Dept. Head: Prosecutor: WHATC M COUNTY Purchasing/Budget: ® f Executive: TITLE OF DOCU T: Approval 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 using the Washington State Contract #05015 (expires 03/10/2018). 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 will not exceed $70,000.00. This is a regularly budgeted expenditure. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: .co.whatcom.wa,us/council. 165 WHATCOM COUNTY Z�� co ADMINISTRATIVE SERVICES I N G-10 DATE: January 12, 2017 TO: Jack Louws, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase Vehicle Body Repair Services ■ Background & Purpose FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager Public Works Equipment Services is requesting approval to use the Washington State Contract #05015 (Expires 03/10/2018) to purchase auto body repair services. 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. Annual expenditures will not exceed $70,000.00. ■ 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 166 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director To: Brad Bennett, AS Finance Manager Through: Jon Hutchings, Public Works Director From: Eric L. Schlehuber, PW Equipment Services Manager Date: January 5, 2017 EQUIPMENT SERVICES DIVISION 901 W. Smith Road Bellingham, WA 98226-9610 Phone (360) 778-6400 Fax (360) 778-6401 Eric L. Schlehuber, Division Manager Re: Washington State Contract 05015 (Vehicle Accident Management Services) ® Requested Action I am requesting Executive and Council approval to purchase auto body work as needed from the Washington State Bid Procurement List through March 10, 2018. The current state contract term is for the period of 03/10/2016 through 03/10/2018. ANNUAL: EXPEN�ITU�tES ii!ENi)©R STATE CCSN'1"fl;ACi' ElCPIR, A'fl{3N DATE T 7'® I`XrvEI`D The CEI Group 05015 March 10, 2018 $70,000 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 $10,000 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 2017 - 2018 Budget process. Annual expenditures were $32,036 for 2014, $21,603 for 2015, and $66,152 for 2016. • Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the January 24, 2017 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 6405 if you have any questions or concerns. 167 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 55 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1/18/2017 1/24/2017 PW Committee Division Head: Dept. Head: 1 Prosecutor: Purchasing/Budget Executive: TITLE OF DOCUMENT: Discussion to clarify language in WCC 20.80.970, Home Occupation ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) 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.) Discussion to clarify the intent of specific language in Whatcom County Code Section 20.80.970, Home Occupation 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. WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2017-053 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: MX 01109117 U U E C E U V E D U JAI 17 2017 01124117 PW Health & Safety Division Head: JW 01109117 01124117 Council - Introduction Dept. Head: RD 01109117 Prosecutor: RB 01/10/17 HIVI-COM COUNTY Purchasing/Budget: �JLJ l� 1 N C I L COUNCIL Executive: 'M TITLE OF DO i] NT: Amendment to WCC 24.05 On -site Sewage System Regulations, Section 160 — Operation and Maintenance. ATTACHMENTS. Staff Memorandum Draft Ordinance Exhibit A: Proposed WCC 24.05 amendment SEPA review required? (x ) Yes ( ) NO Should Clerk schedule a hearing? (x ) Yes ( ) NO SEPA review completed? (x) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Whatcom County Code 24.05 On -site Sewage System Regulations require an amendment to section .160 — Operation and maintenance. The amendment requires evaluations be completed by a licensed operation and maintenance specialist. WCC 24.05 is adopted by reference in the County Comprehensive Plan; therefore an amendment to WCC 24.05 is also an amendment to the Comprehensive Plan. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: I 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. 169 WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Memorandum TO: Jack Louws, County Executive lb FROM: Regina Delahunt, Director Health Department Regina A. Delahunt Director Greg Stern, M.D. Health Officer SUBJECT: Amendment to WCC 24.05 On -Site Sewage Regulations DATE: January 10, 2017 Whatcom County Health Department (WCHD) is proposing an amendment to WCC 24.05. The proposed amendment will require on -site sewage system operation and maintenance evaluations to be performed only by operation and maintenance professionals licensed by the Health Department. The current regulations allow homeowners the ability to become certified and perform their own evaluations. On October 6, 2016 the Washington State Supreme Court issued a ruling in the case of Whatcom County, Hirst vs. Western Washington Growth Management Hearings Board. The Court ruled that the "County's comprehensive plan does not satisfy GMA requirements to protect water availability or water quality". Elements of the County's Comprehensive Plan are implemented through WCC 24.05. WCC 24.05 allows homeowners in rural areas to inspect their own septic system. The Court found the "County's current inspection system policies were flawed and that continuing to rely on this flawed system would not protect water quality in the future", and further ruled that "the County's rural element fails to comply with the requirement to protect water quality". The proposed amendment is in response to the Supreme Court's decision in order to comply with GMA requirements. WCC 24.05 is adopted by reference in the County's Comprehensive Plan; therefore this change would also be a Comprehensive Plan amendment. If you have any questions, please call Mike Kim, Environmental Health Supervisor, at extension 6032. Attachments: Draft Ordinance Exhibit A: Proposed WCC 24.05 Amendment 509 Girard Street CA Bellingham, WA 98225-4005 (360)778-6000 FAX (360) 778-6001 15orth State Street PUBLIC HEALTH Bellingham, gham, WA 98225-4551 ALWAYS WORKING FOR A SAFER AND HEALTHIER WHATCOM COUNTY (360 ) 77 8-6102 www.whatcomcounty.us/health FAX (360) 778-6104 170 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 PROPOSED BY: HEALTH INTRODUCTION DATE: ORDINANCE NO. AMENDMENT TO WHATCOM COUNTY CODE 24.05 ON -SITE SEWAGE SYSTEM REGULATIONS WHEREAS, an October 6, 2016 Washington State Supreme Court decision (Whatcom County, Hirst vs. Western Washington Growth Management Hearings Board, No 91475) has found that Whatcom County's Comprehensive Plan does not comply with the Growth Management Act (GMA) requirements to protect water quality; and WHEREAS, RCW 36.70A.070(5)(c)(iv) requires that the rural element of a county comprehensive plan "shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:... protecting critical areas ... and surface water and groundwater resources."; and WHEREAS, on March 25, 2008, the Whatcom County Board of Health adopted amendments to WCC 24.05 providing the ability for homeowners to perform their own on -site sewage system evaluations; and WHEREAS, Whatcom County adopted Ordinance 2012-032, amending its Comprehensive Plan to adopt by reference existing regulations to protect critical areas and surface water and groundwater resources, adding Policy 2DD-2.C.2, which adopts by reference WCC 24.05; and WHEREAS, because Comprehensive Plan Policy 2DD-2.C.2 adopts by reference WCC 24.05, any amendment to WCC 24.05 is also an amendment to the Comprehensive Plan; and WHEREAS, the Growth Management Hearings Board (Board) found the amended Comprehensive Plan lacked the required measures to protect surface and groundwater quality (GMHB Case No. 12-2-0013); and WHEREAS, on October 6, 2016, the State Supreme Court (Court), in reversing a Court of Appeals decision, upheld the Board's decision that the County's Comprehensive Plan does not satisfy the GMA requirements to protect water quality, and stated, "In essence, the Board ruled that the County's current inspection system policies were flawed and that continuing to rely on this flawed system would not protect water quality in the future. ...We therefore reverse the Court of Appeals and hold that the Board applied proper legal standard and analysis in concluding that the County's rural element policy does not comply with the GMA."; and WHEREAS, in response to the Court's decision, on -site sewage system evaluations will only be performed by operation and maintenance professionals licensed by the Health Department; and Page 1 171 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 WHEREAS, the proposed amendment to WCC 24.05.160 as outlined in exhibit A of this ordinance, provide necessary language to implement this; and NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Board of Health, that the WCC 24.05 and the Whatcom County Comprehensive Plan are hereby amended as outlined in Exhibit A. ADOPTED this day of ATTEST: Dana Brown -Davis, Clerk of the Council WHATCOM COUNTY EXECUTIVE APPROVED AS TO FORM: Royce Buckingham, Civil Deputy Prosecutor 20 Page 2 WHATCOM BOARD OF HEALTH WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 172 EXHIBIT A TITLE 24 HEALTH CODE Chapter 24.05 On -Site Sewage System Regulations 24.05.160 Operation and maintenance. A. The OSS owner is responsible for properly operating, monitoring and maintaining the OSS to minimize the risk of failure, and to accomplish this purpose shall: 1. Obtain approval from the health officer before repairing, altering or expanding an OSS; a. All systems which were legally permitted at time of installation and which are not currently functional due to failing and/or broken component parts will be allowed to be repaired to functionality. Also see WCC 24.05.090(C); 2. Secure and renew contracts for periodic maintenance where required by the WCHD; 3. Obtain and renew operation permits if required by the WCHD; 4. Assure a complete evaluation of the system components and/or property by a licensed operation and maintenance specialist to determine functionality, maintenance needs and compliance with this chapter and any permits. A report of system status shall be completed at the time of the evaluation and submitted to the WCHD in a timely manner; 5. Assure subsequent evaluations of the system components and/or property are completed as follows: a. At least once every three years for all systems consisting solely of a septic tank and gravity SSAS; b. Annually for all other systems unless more frequent inspections are specified by the health officer; 6. Employ an approved pumper to remove the septage from the tank when the level of solids and scum indicates that removal is necessary; 7. Provide maintenance and needed repairs to promptly return the system to a proper operating condition. A maintenance report shall be completed and submitted to the WCHD in a timely mariner; 8. Protect the OSS area and the reserve area from: a. Cover by structures or impervious material; b. Surface drainage and direct drains, such as footing or roof drains. The drainage must be directed away from the area where the OSS is located; c. Soil compaction, for example by vehicular traffic or livestock; and d. Damage by soil removal and grade alteration; 173 9. Keep the flow of sewage to the OSS at or below the approved operating capacity and sewage quality; 10. Operate and maintain systems as directed by the health officer; 11. Request assistance from the health officer upon occurrence of a system failure or suspected system failure; 12. Ensure that a current report of system status by a licensed O&M specialist is on file with WCHD when a property with an OSS is offered for sale; 13. At the time of property transfer, provide to the buyer a copy of the current report of system status on file with the Whatcom County health department, and any available maintenance records, in addition to the completed seller disclosure statement in accordance with Chapter 64.06 RCW for residential real property transfers. By QSS v-.6';()%da(GP W4f-SUbrieGt;Gn Gv4hfs &e4en exGept fer the F9ikAy44 . G 7 : 7 - 7xe.9- •4 - - x Q-'t .GW-R iv-r-r� hG Gh oc a to pe i3n-nivir cirae lrciatira-rr�shall --Gemplete G&M--I••}9i ieaw-Ref tr����the health rffire � a{inn of training OSS GwRere may yy ,, Y A" f 3EFf$Ffr�'�t1Pl. i`Bv,n a c�rtr� } I nrr^gv a +ronsfeF [n Gases of hardship the �G49�p appFeye the heFoeG.wAef'— IeGtQn "rvr-c'r-designe(,-whe-•E7.as rem. feted the appFoprite n�� peFfGrm4h&-&vali iaf �f OSS•r L�`.�jFaccsa Fed to bGOMpliantrvirr'r4his santi.-.n +hr health foGeF A; Y Kaceed_with legial r GQyn� �rsr� with Chanter 24.07 VVGG 013. Persons shall not: 1. Use or introduce strong bases, acids or chlorinated organic solvents into an OSS for the purpose of system cleaning; 2. Use a sewage system additive unless it is specifically approved by WDOH; or 3. Use an OSS to dispose of waste components atypical of residential wastewater. €C. The health officer shall require annual inspections of OSS serving food service establishments and may require pumping as needed. (Ord. 2010-009 Exh. A; Ord. 2008-015 Exh. A; Ord. 2006-056 Exh. A). D. Reports submitted by licensed O&M specialists will be verified by the health officer for timeliness, accuracy, and completeness in accordance with administrative policies. 174 1/10/2017 Outline • Legal Background • Regulatory Background • Proposed Amendment to WCC 24.05.160 WHATCOM COUNTY HEALTH DEPARTMENT 175 1/10/2017 Supreme Court ("Hirst") Decision CONLCUSION "We reverse the Court of Appeals and hold that the County's comprehensive plan does not satisfy the GMA requirements to protect water availability or quality' WHATCOM COUNTY HEALTH DEPARTMENT 3 Supreme Court ("Hirst") Decision • "The Board noted significant disparity in reported failure rates and compliance rates between homeowners who self -inspect versus professional inspections, as well as studies showing water quality contamination from faulty septic systems." • "In essence, the Board ruled that the County's current inspection system policies were flawed and that continuing to rely on this flawed system would not protect water quality in the future." WHATCOM COUNTY HEALTH DEPARTMENT 4 2 176 1/10/2017 Supreme Court ("Hirst") Decision "Therefore, we reverse the Court of Appeals' holding that the Board's decision improperly imposed a duty on the County to "enhance" water quality rather than merely "protect" water quality and affirm the Board's ruling that the Count 's rural element fails to com - !v with the requirement to protect water quality." WHATCOM COUNTY HEALTH DEPARTMENT Regulatory Background • November 21, 2006: Adopted Chapter 246-272A WAC by reference • March 25, 2008: Amendment to WCC 24.05.160 to allow periodic homeowner evaluation. O&M Specialist required for initial evaluation and every 6 years • March 25, 2008: OSS Local Management Plan approved • February 23, 2010: Amendment to allow homeowner evaluations at all times (current form) • February 2, 2016: OSS Local Management Plan Update approved WHATCOM COUNTY HEALTH DEPARTMENT 177 3 1/10/2017 Regulatory Background RCW 36.70A.070(5)(c)(iv) "The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by::..Protecting critical areas, as provided in RCW 36.70A.060, and surface and ground water resources;" ESIMENWhoolk— WHATCOM COUNTY HEALTH DEPARTMENT 7 Regulatory Background Ordinance 2012-032 added: Policy 2DD-2.C.2 Minimize the adverse effects of discharges from on -site sewage systems on ground and surface waters through WCC 24.05, adopted herein by reference. WHATCOM COUNTY HEALTH DEPARTMENT 8 4 178 1/10/2017 Proposed Amendment WCC 24.05.160 A 4. Assure a complete evaluation of the system components and/or property by a licensed operation and maintenance specialist to determine functionality, maintenance needs and compliance with this chapter and any permits. A report of system status shall be completed at the time of the evaluation and submitted to the WCHD in a timely manner; WHATCOM COUNTY HEALTH DEPARTMENT 9 Proposed Amendment WCC 24.05.160 A 7. Provide maintenance and needed repairs to promptly return the system to a proper operating condition. A maintenance report shall be completed and submitted to the WCHD in a timely manner; WHATCOM COUNTY HEALTH DEPARTMENT 10 179 5 1/10/2017 Proposed Amendment Remove section WCC 24.05.160 B and C: B. OSS owners may perform their own OSS evaluation in accordance with subsection C of this section except for the following: 1. OSS technologies that are listed as proprietary on the Washington State DOH list of registered on -site treatment and distribution products where the contract with the private proprietary manufacturer prohibits homeowner evaluations; 2. Community drainfields; 3. Nonconforming replacement systems that do not meet vertical and horizontal separation installed as a result of a system failure; 4.OSS serving food service establishments. C. OSS owners who choose to perform their own evaluations shall complete 0&M homeowner training as approved by the health officer. Upon completion of training, OSS owners may perform their own evaluations until property transfer. In cases of hardship, the health officer may approve the homeowner's selection of a designee who has completed the appropriate class to perform the evaluation. If OSS owners are discovered to be noncompliant with this section, the health officer may proceed with legal remedies in accordance with Chapter 24.07 WCC. WHATCOM COUNTY HEALTH DEPARTMENT f 11 Proposed Amendment WCC 24.05.160 D. Reports submitted by licensed O&M Specialists will be verified by the health officer for timeliness accuracy,and completeness in accordance with administrative policies. WHATCOM COUNTY HEALTH DEPARTMENT 12 6 180 1/10/2017 Proposed Amendment • Amendment to WCC 24.05.160 is also an amendment to the Comprehensive Plan • Implement Comprehensive Plan policy 2DD- 2.C.2 in a manner that is in compliance with the GMA requirement to protect water quality WHATCOM COUNTY HEALTH DEPARTMENT` 13 7 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 56 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1/18/2017 1/24/2017 PW Committee Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Discussion with Health Department regarding Behavioral Health proposal ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion with the Health Department regarding a proposal to combine the Behavioral Health Advisory Board and Behavioral Health Revenue Advisory Committee and create a new membership profile. COMMITTEE ACTION.• COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www. co. whatcom. wa. us/council. 182 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-302 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JAH 813112016 6{� t` i Q E-f 10/11/16 Pub. Works/Council 12/6/2016 Pub. Works/Council Division Head: JW 813112016 Dept. Head: RAD 9IM016 OCTie 1 Prosecutor: // WVjX1-(;()M COUNTY Purchasing/Budget: Pm W I L Executive: TITLE OF DOCU ` NT. Draft 2016 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan Update ATTACHMENTS: 1. Cover Memorandum 2. Draft 2016 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan Update 3. Response to Comments 4. Resolution of Adoption SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: September 13, 2016 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.) Chapter 70.95 RCW, Solid Waste Management- Reduction and Recycling requires local jurisdictions to update comprehensive solid waste management plans every five years. The 2016 draft update to the existing plan describes the current solid waste system and makes recommendations for the planning period. The draft update has been reviewed and approved by the Solid Waste Advisory Committee and Solid Waste Executive Committee, received review and comment by the Department of Ecology and WUTC, and received public comment through both SEPA and separate solid waste program required reviews. Pending council review and approval, the draft update will be submitted to Ecology for final post -adoption approval as per RCW 70.95. COMMITTEE ACTION.• COUNCIL ACTION.• 10/11/2016: Approved a motion to request the City of 10/11/2016: Held in Committee Bellingham to explain why there is a condition imposed and to wait before proceeding with the contract, and held in - committee Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. .m WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Regina A. Delahunt Director Greg Stern, M.D. DVED 1 15 z TO: Jack Louws, County Executive IN , V6 FROM: Regina Delahunt, Director _ � � DATE: September 1, 2016 �� EXECUTIVE SUBJECT: Draft Whatcom County 2016 Comprehensive Solid and Hazardous Waste Management Plan Update Please find attached an Agenda Bill and copy of the Draft Whatcom County 2016 Comprehensive Solid and Hazardous Waste Management Plan Update for council review and approval by resolution. Chapter 70.95 RCW, Solid Waste Management- Reduction and Recycling requires local jurisdictions to update comprehensive solid waste management plans every five years. The draft update to the existing plan describes the current solid waste system and makes recommendations for the planning period. The draft update has been reviewed and approved by the Solid Waste Advisory Committee and Solid Waste Executive Committee, received review and comment by the Department of Ecology and WUTC, and received public comment through both SEPA and separate required solid waste program reviews. The Response to Comments summary is also attached. The final draft update proposes no structural changes to the existing solid waste system. Recommendations, presented as goals and actions, are provided in summary form in tables at the end of each applicable chapter, as indicated in the plan table of contents. Primary goals and actions include increasing waste reduction and recycling community education and outreach, evaluation of regulatory changes to increase efficiency and management, supporting emergency management efforts to develop a disaster debris management plan, engaging with specific communities such as Pt. Roberts to identify potential improvements to levels of service, and increasing management options for special wastes such as organics, construction debris and waste pharmaceuticals. Pending council review and approval, the draft update will be submitted to Ecology for final approval, as per RCW 70.95. Please call Jeff Hegedus at ext. 6044 if there are any questions. Thank you. 509 Girard Street 1500 North State Street Bellingham, WA 98225-4005 PUBLIC HEALTH Bellingham, WA 98225-4551 (360) 778-6000 Ac W" YF W 0 ,'i�NG, 0R A " A- R A NC (360) 778-6100 HEALTHIER WHATCOM COUNTY FAX (360) 778-6001 www.whatcomcounty.us/health FAX (360) 778-6101 91 WhatcomCountvHealth WhatcomCoHealth f° r" 184 "" PROPOSED BY: Rik Zi71WA1 M RESOLUTION NO. A RESOLUTION ADOPTING AN UPDATE TO THE WHATCOM COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN WHEREAS, Chapter 70.95 RCW, Solid Waste Management- Reduction and Recycling requires local jurisdictions to update comprehensive solid waste management plans every five years; and WHEREAS, the approved 2008 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan requires updating; and WHEREAS, the Whatcom County Health Department Solid Waste Division, working in conjunction with the Solid Waste Advisory Committee, has drafted an update to the plan; and WHEREAS, the draft update to the plan is in compliance with SEPA requirements, and has received a Determination of Non -Significance; and WHEREAS, the draft update to the plan has received preliminary review and comment by the Washington Department of Ecology; and WHEREAS, the draft update to the plan has received review and comment by the Washington Utilities and Transportation Commission; and WHEREAS, the draft update to the plan has received public review and comment through two advertised public comment opportunities, in addition to Solid Waste Advisory Committee participation; and WHEREAS, all public, agency and committee comments to the draft update to the plan have been considered and incorporated; and Page 1 185 WHEREAS, on July 19, 2016 the Solid Waste Executive Committee, comprised of the Mayors and County Executive, as per interlocal agreement, unanimously approved a recommendation to submit the draft update to the plan to the Whatcom County Council for approval; n101e' TLIEREFO a BE TT Deem VCn by i-he, %A1kai- nm �'i,� m— rn11ne n that it advni' the IV\JVV, IIIGr\LI va L, uL 11 rXLJVLV LL.I U Lit VViiu Ll.v��� _. _..i.y �.vu��w.n 1. 2016 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan, attached hereto and by this reference incorporated herein, as an update to the 2008 Whatcom County Comprehensive Solid and Hazardous Waste Management Plan. BE IT FURTHER RESOLVED that the adopted plan shall be submitted, as required by law, to the Washington Department of Ecology for post -adoption final review and approval. APPROVED this day of , 20_. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: R Royce Bu� ,Civil Deputy Prosecutor X 5 0 Page 2 Barry Buchanan, Council Chair M:1:0 Whatcom County Response to Comments Preliminary Draft Revision Dated July 16, 2015 Comprehensive Solid and Hazardous Waste Management Plan Whatcom County, Washington Ed Nikula, Whatcom County Solid Waste Advisory Committee Received July 20, 2015 1. I have reviewed the plan and only one question. In Appendix E, table 4.1.1 Recomps tons are shown as about 11,000. Is this county tons only and excludes City of Bellingham? Response: The 1 /,663.25 tons presented in the Cost Assessment Questionnaire Table 4.1.1 is the total quantity Of solid waste handled, as reported by RDC as per IFAC 173-350-310(d), Intermediate solid waste handling facilities, at their permitted solid waste handling facility. Amber Jones, Whatcom County Solid Waste Advisory Committee Received July 22, 2015 1. Sections 1.2.4 and 6.1. Remove `with the exception of Bellingham' as we do offer a 32 gallon service to those customers as well. Response: "... with the exception of Bellingham" will be removed from the text in both sections. 2. Section 1.8.1. Date should be changed to July 2015. Response: Based on the uncertainty at this time as to when local adoption will occur, the end date of the plan update process will be removed from the section. 3. Table 8-1, Goal 2.A. Sham recycling is still not defined correctly. The issue isn't recyclables being hauled to a landfill, the issue, which costs the county $8.50 per ton, is sham recyclers (companies that can only legally haul recyclables) illegally hauling garbage and calling it recycling. Response: Action 2..A will be revised to state "Investigate service provider compliance with applicable requirements to determine if there is an issue of illegally hauling solid waste under the guise of recycling, and enforce requirements as applicable. " 4. Table 4-2, Goal 3.B. SSC offers free waste audits; additional assistance with follow up on more properties is likely to increase participation and diversion. Response: WW>hile SSC may be providing this service, it may not be provided system -wide. Goal and associated actions developed by the SWIAC Subcommittee and previously approved by SWIAC remain valid. Action 3.A will be revised to state "Create or expand programs to provide... " 5. Table 4-2, Goal 3.C. SSC now uses photo labels on multi -family recycling containers, and offers Spanish & Russian decals by request. Response. While SSC may provide this service, it may not be provided system -wide. Goal and associated actions developed by the SWIAC Subcommittee and previously approved by SWIAC remain valid. 6. Table 4-2, Goal 3.1). The current schedule is EOW across the system, and customers who want weekly pick-up can request it at additional cost. Response: The SWIAC Subcommittee developed Action 3.D as a means of ensuring that the focus remains on means of improving multi family recycling• action remains valid. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision ffb 7. Section 5.1.1. Some areas in the east county don't have a F+ option either. Response. Text will be added to the section indicating that curbside collection is not available in some portions of eastern Wlbatcom County. 8. Glossary — The source for legally or legislatively defined terms in this glossary are: Response. The source ofglossary terms is Appendix A (Glossary of Terms and List ofAc),oryrres) of the Department of Ecology's Guidelines for Development of Local Comprehensive Solid haste Management Plans and Plan Revisions, Publication No. 10-07-005. A footnote to the glossary will be included that states the source. Section 2.3.1. The source(s) for the following definitions is/are: [they can supply citation(s) ] Response. The source of definitions is Appendix A (Glossary of Terms and List ofAcronyms) of the Department of Ecology's Guidelines for Development of Local Comprehensive Solid haste Management Plans and Plan Revisions, Publication No. 10-07-005. 10. Section 3.2. It should be noted that with contamination losses at <1%, Whatcom County's effective recycling diversion per capita is actually significantly higher than the state average, where contamination and processing losses from single stream recycling approach 25% by weight. Response. Comment will be incorporated into Section 3.2. 11. Section 4.2.2. While additional outreach will be helpful, it should be noted that the local multi- family program is now, and has been very successful since 1992. Over 95% of all multi -family complexes participate, with an average 30% recycling rate, and a contamination rate below 5%. These numbers are better than virtually all states in the nation achieve for single family curbside. Response. Comment will be incorporated into Section 4.2.2. 12. Section 8.1.5. The Washington Refuse & Recycling Association did, and can in the future cooperate through equipment and manpower sharing during manmade and natural disasters, to provide safe and effective handling of larger quantities of solid waste than normal. Response. Comment will be incorporated into Section 8.1.5. 13. Table 8-1, Goal 2.A. Sham recycling is the act of hauling material for disposal, when the service has been represented to the original customer as being recycling. This includes the hauler allowing the customer to place non -recyclable material in the supposed recycling container. Response. See response to Amber Jones Comment No. 3. 14. Section 9.1.3. Each ton of contaminated CDL or sham recycling bypassing Whatcom County transfer stations results in the loss of $8.50/ton in County solid waste tax revenues. Response. Noted. Comment is fairly specific relative to a section that provides a general discussion on waste management system financing. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision ff-01-01 Polly McNeill, Attorney representing Sanitary Service Company, Inc. Received July 23, 2015 1. Section 9.1.2: This section should state, "The Flow Control Ordinance's designation of specific facilities has no legal significance, because it was determined to be unconstitutional by a federal magistrate." Simply taking out the inaccurate statement that the FCO does not designate specific facilities is simply not enough, given the fact that the code language is still on the books. This situation is alluded to in the Financing discussion, and should be explicitly stated here in the section about the FCO itself because otherwise the entities operating under the current system appear to be in violation of County code. Response: Noted. An additional action 1.D will included stating that the county flow control ordinance will be reviewed and updated. Section 8.2.1: Even though the flow control ordinance exempts C/D waste, state law still requires that it be hauled by the certified/contract company. According to the numbers in the Plan, C/D waste contains 11 percent residual waste and is not recyclable material. Following, "This amendment allows disposal of C/D waste at undesignated disposal sites, including site outside the county," the section should state, "Collection of such waste by unauthorized haulers results in illegal diversion of C/D waste and loss of excise tax funds to the County." Response: Noted. As stated above, potential flow control and sham recycling issues will be investigated, reviewed and responded to in the planning period. Section 9.2 should include the following: "Under current conditions, the County is losing excise tax funds through loopholes in the system. One is that C/D waste is being delivered to out of county facilities following collection by unauthorized waste haulers. Another is that services being misrepresented to customers as recycling result in C/D waste being hauled for disposal without collecting or remitting the excise taxes due." Response: Noted. As stated above, potential flow control and sham recycling issues will be investigated, reviewed and responded to in the planning period. 4. Table 9-1 should include a Goal to "Reduce the diversion of excise funds from the system" and the related actions should include, "Monitor hauling C/D waste out of the county" and "Police construction job sites to ensure proper C/D waste handling practices." Response: As stated above, flow control and sham recycling issues will be reviewed and investigated. 5. In Table 6-1, the Goal is to, "Ensure that collectors are providing the required minimum service to all providers," by taking action to, "Investigate complaints regarding collection services and correct deficiencies." Yet there is nothing about current conditions suggesting any concern that minimum service levels are not being provided, and we are not aware of complaints regarding legal solid waste collection services. A more meaningful way to state this is, "Ensure that collection of waste is being provided by authorized haulers." Response: Allgoals, including Goal 1.A, were developed through the SWIAC Subcommittee and vetted through the SWIAC. Goal from a system -wide perspective remains valid. 6. In Section 9.1.1: A new sentence was added in the description of Cities, saying, "The City of Bellingham has a municipal contract with SSC for collection, and an independent disposal contract." The description should note that the contract is for residential customers, and commercial are still governed by WUTC regulations. Response: Comment will be incorporated into Section 9.1. 1. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision We Larry McCarter, Recycling & Disposal Service Inc. Received July 23, 2015 1. What SSC says about FCO is and isn't true. What is true is we need NEW disposal agreements between ALL disposal sites. Within the scope of those agreements we can agree to any level of recycling WE agree to be the right amount. We can agree to accept and recycle c/d waste too. And we can agree to pay a county tax for self haulers. Response: Comment noted. Diana Wadley, Washington State Department of Ecology Received November 25, 2015 Procedural Items that Must be Addressed Prior to Plan Approval 1. Resolutions of Adoption: Whatcom County and the cities with interlocal agreements need to approve the updated comprehensive solid and hazardous waste management plan prior to Ecology's approval of the final draft. Please include a statement assuring that the plan acceptance process outlined in the interlocal agreement has been fulfilled. Response: Text will be added to Section 1.3 indicating that "Eachparticipating jurisdiction, as represented by the Solid Wlaste Executive Committee through interlocal agreement, adopted this revision to the Plan prior to its approval by Ecology. " Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Thank you. It also appears you'll have the traditional appendix with the actual resolution of adoptions (Append. C.), which is great. Response: No response necessary. Items that Must be Addressed Prior to Plan Approval 1. Required: In various places in the plan, such as in section 1.3, section 6.1, in the WUTC Cost Assessment, and on the map on page 17, it is stated that the planning area of this plan does not include the eastern portion of the county, and that that portion of the county is included in the Skagit County plan. That is an incorrect, and Whatcom County needs to plan for its entire county. Please revise your draft accordingly to include the full county, including the populace, haulers, needs, etc. therein. Response: Because the Newhalem area is isolated from Wlhatcom County service provision by geographical and transportation infrastructure constraints, solid waste management services are provided by Skagit County service providers. To provide clarity and compliance with solid waste planning requirements, an action 1.E will be added to Table 9.-1 stating that "Pursue an interlocal agreement with Skagit County that defines and establishes solid waste planning and service provision responsibilities in the Newhalem/Diablo area." Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Thank you. Please pay attention to all areas of the plan pertaining to this. For example, looking at section 2.1 of the Track Changes version, it appears the sentence, "This portion of the county constitutes the solid waste management planning area and encompasses 755 square miles, including the incorporated municipalities of Bellingham, Blaine..." needs changed, since your planning area is the whole county (minus about 25 square miles of reservation land). There is also a sentence in 2.1.1 that says, "The eastern portion of the county, not included in the study area, is typically mountainous." which will need the middle piece deleted. It would also be good to remove the "both the western and central portion of from this Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision WI11 sentence in section 1.3, "The Plan encompasses both the incorporated and unincorporated areas of the western and central portion of the county, with the exception of the Lummi and Nooksack reservations." Response: Comment will be incorporated as suggested. 2. Required: Please correct Figure 2, the map of the planning area to encompass the eastern portion of the county, and highlight to show the Nooksack and Lummi reservations. Response: Figure 2-1 will be revised to indicate the locations of the Nooksack and Lummi reservations. Please refer to the response to Diana WYladley Comment No. 1 (Items that Must be Addressed) regarding inclusion of the eastern portion of i,Ylhatcom County into the planning area. A Figure 2-2 will be added that shows the western portion of Wlhatcom County, including city limits, urban growth areas and rural areas, and tribal lands in greater detail. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Great start, but I don't see a purple line that correlates with the "Planning Area" given in the legend. Please add it, and when you do so, please draw it such that it includes all county lands (including federal), but does not include tribal lands. Response: The purple `Planning Area" line is embedded in the "County Boundary" line. The figure will be revised to make more discernible, and to make clear that tribal lands are not part of the Planning Area. 3. Required: While it is understood that the solid waste system in Whatcom County is almost fully privatized, the county must still look ahead and ensure adequate facilities are in place. Additionally, the County is still responsible for its closed solid waste handling facilities (landfills). Please discuss with greater specificity the projected waste in relation to facility capacities and capabilities, as well as post -closure needs, with an eye on the six- and twenty- year planning horizons. For example, this could be expounded upon in section 2.3.8 and/or section 7.2. This will help you meet the requirements for: - A six -year construction and capital acquisition program for solid waste handling facilities. (Note: The date of the first year referenced in the six -year capital and acquisition projection will also mark the beginning of the new five-year planning window. Looks like from the rest of the plan that you'd want the first year to be 2016.) - The estimated long-range needs for solid waste handling facilities projected twenty years into the future. Response: Discussion will be included in Section 2.3.8 and Section 7.2, and an action added to Table 7-3 indicating that the County will work with the private solid waste service providers to ensure that each is completing planning to maintain service capacity over the planning horizon. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Adding the sentence, "The County will continue to work with the private solid waste service providers to ensure that facility capacity is constructed in advance of need." in section 2.3.8 is not specific enough. Please show you have already discussed the waste disposal and recycling projections with each of the major facility operators and that they have analyzed that information alongside their facility capabilities and given you feedback to either assure their ability to meet demand over the six -year horizon (2016-2021), or show their plans for (via capital or other major acquisitions they'll need) meeting demand, or if you'll need to explore other options. Please also show such analysis related to the longer 20-year timeline. We are not asking you to do a detailed analysis, but rather to use the waste projection data you already have in Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 191 section 2.3.8 to inform a discussion around upcoming facility or capital needs over the six- and twenty-year horizons. Response: The following will be added as the second to the last sentence of Section 2.3.8 "Solid waste service providers were apprised of these waste projections throughout development of this revision of the Plan and have ensured the County that they will continue to plan for and construct sufficient system capacity in advance of need. " 4. Required: Please distinguish how you designate an area "rural" or "urban" for the purposes of RCW 70.95.090 (7) (b). The 2008 plan included a map for this. This information could come more into play as the eastern portion of the county comes into the fold. Looks like the Kendall -Maple Valley area and/or Limited Areas of More Intense Rural Development mentioned in 9.2.1 could be unique, too. Response: Figure 2-2 will be added to the Plan (refer to response to Diana Wladley Comment No. 2 — Items that Must be Addressed) that will show city limits, urban growth areas (including the Kendall -Maple Falls I_AMRD), and rural areas consistent with the Countys current.Zoning map. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: The proposed Figure 2-2 is a great start. Please show distinctly which of the Comprehensive Plan Designations given in the legend will be considered "rural" and which will be "urban" for the purposes of RCW 70.95.090(7)(b). All components of the map should be so specified, with the exception of tribal lands. Also please discuss how the updated map will correlate with the table and text given in Section 2.1.2. Does Newhalem/Diablo have the minimum program for collection of source separated recyclable materials as defined for rural areas in RCW 70.95.090(7)(b)(i)? The final sentence in section 2.1.3 mentions "community services" as part of what's discussed in the Whatcom Co. Comp Plan updated in 2014. I would consider programs for the collection of source separated recyclables to be a kind of community service. However, looking at that plan, I see in Chapter 5 that it is pulling information from the 1999 SWMP (though they should've been utilizing the 2008 plan at that time). Please ensure that future Comp Plans pull from this updated plan, especially since the Whatcom Co. Comp Plan notes that Newhalem is excluded, but in reality it must be included. In the meantime, please discuss in this Solid Waste Management Plan update how the minimum programs for the collection of source separated materials from residences in urban and rural areas are being met. Response: Figure 2-2 will be revised to more clearly designate "rural" and "urban" designations. Section 2.1.2 is specific to a description of the planning area — not services provided in that area; discussion related to source separation requirements in both incorporated and unincorporated portions of the county are presented in Section 4.1.1 (related to recycling) and Section 5.1.1 (related to organics collection). Diana Wadley Comment on January 15, 2016 Revision, Received March 21, 2016: Section 4.1.1, is lacking a description of recycling in the unique Newhalem/Diablo area. Since the Newhalem/Diablo area is not required to have curbside recycling service per Whatcom County's Solid Waste Collection District exclusion described in WCC 8.11.010., please show readers that the area is meeting the minimum program for collection of source separated recyclables materials as defined for rural areas in RCW 70.95.090(7)(b)(i). My research concludes this area does meet the program requirements, as residents and businesses have the option to self -haul to local Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 192 recycling depots. Thus, you could insert the following into section 4.1.1 to satisfy this requirement, if you concur. It could fit at the end of the second paragraph under the "Residential Curbside Recyclable Collection" section. "The unincorporated Newhalem/Diablo area is serviced by Waste Management and has an exclusion from mandatory curbside recycling service per WCC 8.11.010. However, this area meets the minimum program requirements for collection of source separated materials as described in RCW 70.95.090(7)(b)(i) through recycling depots to which residents may self - haul their recyclables." Response: Comment will be incorporated as suggested. 5. Required: Please include at least one example of each SWAC and SWEC minutes showing discussion of this plan. Response: Copies of SWIAC and SVEC meeting minutes discussing the Plan revision will be included in Appendix C. 6. Required: WUTC Comments: The WUTC conducted a formal review of the Plan and forwarded their comments to Ecology and to the County in a letter dated September 10, 2015. The WUTC comment letter, assigned as an attachment to Ecology's comments, showed no actionable items, but still must be attached to your Final Plan. Response: Text will be added to Section 1.8.4 indicating that the W VTC issued a letter dated September 10, 2015 indicating that it had no comments on the draft revision of the Plan; the letter will be included in Appendix E. Other General Comments 1. Mention of any contracts or agreements between the County and the private facilities that manage the county's solid waste would be helpful. Response: Reference to any associated contracts/agreements will be included in Sections 7.1.1 and 7.1.2. 2. Note that the State Plan has been published as of June 2015. Preferred names are the full name of The State Solid and Hazardous Waste Plan; Moving Washington Beyond Waste and Toxics or "the State Solid and Hazardous Waste Plan" The 2015 state waste plan update contains 53 goals with 177 supporting actions. It looks like the column "Connecting to Beyond Waste" in the table at the end of most chapters is ready to be updated to match the now -published plan. For example, here's a goal from the State Plan that seems very applicable to table 3-1 of your plan: "Goal SW 4: Waste generation will be reduced throughout the system by both businesses and residents." Other goals/actions from the state plan may also apply. Thank you for drawing connections between your plan and the State Plan! Response: Document will be revised to reflect 2015 adoption of the State Solid and Hazardous WWlaste Plan. Connections to the Beyond WYlaste Plan in the goals and actions tables at the end of each applicable chapter will be revised to accurately reflect the Priorities and Key Principles presented in the Beyond Waste Plan; identification of each specificgoal in the Beyond WWlaste Plan would make the goals and actions tables unwieldy and maygenerate confusion in trying to tie each WWlhatcom Countygoal to all applicable Beyond Waste Plan goals. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 193 3. Figure 2-3 shows the Whatcom County Waste Stream Composition, but I had trouble finding the matching graph or data in the 2009 Waste Characterization Study (https://fortress.wa.gov/ecy/publications/summarypages/l007023.html ). Please cite the page and source of data. Additionally, as I looked at the 2009 Waste Characterization Study data for Whatcom County (fortunately for you the only sample area for the Northwest Waste Generation Area!), I became unsure that Whatcom is as similar to the rest of the state as said in this draft plan. On page two of the study is Figure 1: Overall Statewide Disposed. Figure 29 on page 69 of 2009 study shows overall NW and reveals that of all the areas, this study area has the highest organics, and that organics seems to be the largest difference between Whatcom and the other study areas. Table 38 on page 85 shows NW's residential data. It shows residential organics at 49.2%! And of that, vegetative food was the highest portion, followed by animal manure. I just wonder if this reveals an opportunity you might want to address in the plan. Response: Figure 2-3 was created using the data for all four quarters/seasons specific to Vhatcom County provided in the 2009 Study. 4. Due to the online nature of most Solid and Hazardous Waste Management Plans today, please include links to items discussed when possible. Examples include studies and Whatcom County Code referenced, and online databases/directories discussed. Response: Hyperlinks to on-line resources (eg., Revised Code of Washington, Wlashington Administrative Code, Wlhatcom County Code, etc.) will be embedded in the document. 5. Please use "multifamily" instead of "multi -family," as that is how it is spelled in both County Code (8.10.060) and the Washington State Recycling Association study. Response: All references to "multi family" will be revised to "multifamily. " 6. Counties are encouraged to plan for disaster debris, whether within their solid waste management plans or via their emergency management teams. There is also a growing focus on this within the solid waste world as we are faced with increased severe weather events and seek solutions to mitigate climate change. An example of this is in the EPA's Sustainable Materials Management Program (SMM) Strategic Plan for FY 2017 — 2022 (see the built environment section): htm:/T /nrcrecycles.org/mobius/nrcwp- content/uploads/2015/02/SMM-Strateegic-Plan October-2015.12df Ecology is aware and supportive of the current disaster debris planning efforts by Wallace Kost of the Whatcom County Sheriff's Office. I would encourage inclusion of participation in that effort as a goal or action within this plan. Section 8.1.5 seems primed to discuss it. Response: Discussion will be added to Section 8.1.5 and goal/action associated with integration of waste handling and disposal efforts with the Division of Emergeng Management's emergency response documents will be added to Table 8.3. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Thank you for the improvements to section 8.1.5. I ran this section by our specialist on disaster debris, who had some useful suggestions, including the below: • You might expand language to include the Health Department as having a role in approval of suitable alternative staging areas. The Sheriff and Health Department will need to work together for approval. This is important because Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision MOTIJ FEMA will likely be asking if storage and management meets regulatory requirements. Federal reimbursement is usually tied to this. Because the work of "designating certain locations and facilities for accumulating large volumes of disaster debris..." will occur later, I suggest leaving the door open to unusual, temporary sites. A text edit that could accomplish this may be, "Disaster debris will be managed through the appropriate existing facilities, including transfer facilities, permitted inert waste landfills, building materials recovery centers, and composting facilities as feasible. The County may also need to designate certain locations and facilities for accumulating large volumes of disaster debris." • It is true that the Sheriffs Office is responsible for coordinating continuity of services (though local emergency management) but it is as a coordinating entity. The role of the Health Department should be identified this plan, including being at the table during response and recovery. • The certificated haulers have the right to the waste in their territories. Emergency situations don't negate that and most franchise agreements include contingencies. Additionally, not all certificated haulers are WRRA members, including a couple of the larger ones. I would suggest editing your text to remove this mention of the WRRA, unless you're aware of services that I am not. Response: The Department of Emergency Management is activeycompleting the disaster management plan, using the Snohomish County plan as a template. An update of this effort, and how it ties with solid waste, was presented to the SW AC during its January 28, 2016 meeting. Citation of the Health Department's involvement in emergency response planning as well as designation of locations for large volumes of disaster debris, will be included in the text. Reference to WT.,RA will be removed (note this was included perAmber Jones Comment No. 12). The County's Flow Control Ordinance (codified within County Code 8.15) requires that solid waste generated in the county be processed or disposed of at a designated waste facility. It appears to me that the code gives a mechanism by which new facilities may be designated as part of the system (County Code 8.15.080). Would it be helpful to include the agreements executed per County Code sections 8.15.080 (D) and 8.15.060(B) to show which facilities are designated and their responsibilities? Response: Irlhatcom County Code 8.15.030 currently designates disposal at the Recomp and Olivine facilities, both of which are no longer current. Table 9-1 will be revised to include update to W CC 8.15.030.E. 8. Diana Wadley Comment on January 15, 2016 Revision, Received March 21, 2016: We concur with the Polly McNeill Comment No. 1, in regard to the private solid waste facilities. Because the Point Roberts facility is on County property, however, it has the potential for flow control. Suggested text for the end of section 9.1.2 follows: "The Flow Control Ordinance's designation of specific private facilities has no legal significance, because it was determined to be unconstitutional by a federal magistrate." Response: Comment will be incorporated as suggested. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 195 Updated Response: June 14, 2016. Upon further consideration and discussion with Diana Wadley, the comment will not be incorporated. An additional action 1.D will be included stating that the county flow control ordinance will be reviewed and updated. Other Specific Comments by Section 1. In the Acronyms and Abbreviations section, for MFS, I would suggest saying, "Minimal Functional Standards, such as those found in Chapters 173-304 and 173-350 WAC." Response: Comment will be incorporated as suggested. 2. In 1.1 and 1.4, it appears this is only a solid waste management plan. However, this is a joint solid and hazardous waste management plan. Please make that clear, even if by simply pointing the reader to Chapter 11. Response: Sections 1.1 and 1.4 will be revised to sped that planning associated with baZardous waste management has been in accordance with RCW 70.105 and is presented in Chapter 11. 3. In 1.2.5, are the five closed landfills the county landfills that are later referenced? Is so, you might clarify by adding the word "county." Also, "status" was spelled "statues." This section also says, "...in addition to several others regulated as MTCA sites." In Section 7.1.3, it says the two Y-Road closed county landfills are MTCA sites. Are there other landfills that are MTCA sites, and if so, should they be named as well? Or perhaps in this section you could limit to naming just the landfills accepting MSW and the closed landfills, and then provide greater detail in section 7.1.3 and point readers that way? Response: Comments will be incorporated as requested. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Please further clarify the text in section 1.2.5. Specifically, if the two Y-road, county - owned landfills are the only closed landfills in the county currently under MTCA process, you might consider the following text:, "...While there are no active landfills, there are five closed county landfills maintained under permit in post closure status. Two of these landfills are regulated as MTCA sites (see Section 7.1.3.)" Response: Text will be revised to read "Other closed landfills, such as the Y Road landfills, are regulated as MTCA sites (see Section 7.1.3). " 4. In section 1.3, the eastern portion of the county needs included, please. And regarding exclusion of the Nooksack and Lummi reservations, please show them (at least the Lununi) on the maps accordingly. Response: Please refer to the response to Diana lladley Comment No. 1 (Comments that Must be Addressed Prior to Plan Approval). 5. In section 1.5, please update to show that the State Solid and Hazardous Waste Plan has been completed as of June 2015 (http://www.ecy.wa.gov/wasteplan/index.html). Response: Comment will be incorporated as requested. 6. In section 1.6, it would be nice to have the names of the SWAC members by their positions (at the very least the subcommittee members). Response to Comments 10 Whatcom County CSHWMP, July 16, 2015 Revision Welleq� Response: Do not concur. Section 1.6 describes the roles and make-up of the SWIAC and SVEC and is meant to be applicable throughout the life of the Plan. Given the limited nature of committee service (less than the life of the Plan), listing specific individuals in Section 1.6 is not appropriate. Please note that specific SW7AC members that participated in revision to the Plan are listed on the Acknowledgements page of the Plan. Suggested rewording of last paragraph of 1.8.4, mostly to avoid the word "amendment": "The County Health Department revised the Plan to address comments received from all parties. The revised preliminary draft was submitted to Ecology for its 120 day review and comment. Once the County incorporated Ecology's comments, the County carried out the local adoption process, including revisiting existing interlocal agreements .... (etc.)" Response: Comment will be incorporated as suggested. 8. In section 2.1.2, you say, "The U.S. Census defines rural areas as... " did you mean to say "urban" here? Response: Concur; text will be revised to indicate "urban" rather than "rural. " 9. In section 2.1, are there any larger waste -generating industries to note in Whatcom County, such as food processors, oil refineries, or pulp and paper mills? Response: There are no industries operating that generate waste at quantities requiring specific planning relative to the countywide planning effort. 10. In section 2.2, please note when the incinerators closed. Response: Year the last incinerator ceased operation will be included in the text. 11. In section 2.3.1, could note that waste reduction is sometimes called waste prevention. Response: Comment will be incorporated as suggested. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Thank you. A similar edit to the glossary's definition of "waste reduction" would be appreciated. Response: Comment will be incorporated as suggested. 12. In section 2.3.2, it would be helpful to clarify what kinds of waste you are talking about. For example, the total 311,842 tons is inclusive of tons recycled, diverted, MSW AND industrial and inert wastes. It's everything. The percentages given are again of everything. It also would be helpful to include the type of waste disposed at BP, Cemex, and Greater Wenatchee. Only MSW is mentioned in this paragraph, but these facilities take other types of waste. Note also that the Cowlitz County landfill mentioned in section 7.1.1 is missing here. Also missing is Graham Road Recycling and Disposal (from your list of where the 8% (of non-MSW) goes. Thank you for including a complete list of facilities accepting various items, though. Such information may help inform people like Wally Kost working on the Disaster Debris Management Plan. Response: Comment will be incorporated as requested. Response to Comments 11 Whatcom County CSHWMP, July 16, 2015 Revision 197 Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Thank you for adding in the Graham Road Recycling and Disposal facility. To add in the Cowlitz Co. Headquarters Landfill, we offer this text edit suggestion for section 2.3.2: "...Most of the total solid waste generated in the county is MSW, with roughly 56 percent of total county wastes disposed of at Columbia Ridge landfill in Arlington, Oregon (RDS), roughly 36 percent disposed of at the Roosevelt Landfill in Roosevelt, Washington (RDC), and a very small amount disposed of at the Headquarters Landfill in Cowlitz County, Washington." Response: Comment will be incorporated as suggested. 13. Table 2-8 reflects data from the Ecology Recycling Survey, which includes construction and demolition debris. Because construction and demolition tends to be a large and weighty portion of the waste stream, it is reasoned that much of the decline in tonnages during the recession was due to a slowdown in housing construction. Response: Concur as text in accompanying Section 2.3.8 acknowledges the recession that began in 2008 as being a factor in the temporary decline. 14. The second paragraph of Chapter 3 gives two primary reasons for promoting waste reduction (reduce toxicity and reduce quantity of discarded materials). It does mention this "conserves natural resources," but I would encourage stronger language focused on this conservation piece, and a nod to the full life cycle of materials. We are seeing shift away from the traditional end -of -life focus, as seen in the new State Solid and Hazardous Waste Management Plan, which uses a "sustainable material management" lens. A key reason for promoting waste reduction/prevention is the avoidance of resource use and pollution associated with creating the materials in the first place (the "upstream" environmental costs.) From the new state plan: "To represent the current system and focus on reducing waste and toxics, we used a sustainable materials management approach, which is also used by the U.S. Environmental Protection Agency (EPA). The sustainable materials management approach is illustrated in the materials life cycle graphic [visible if you follow the link below] that Ecology adapted from Oregon's Department of Environmental Quality. Materials management looks at the full life cycle of materials from the design and manufacturing phase, through the use phase, to the end -of -life phase when the material is either disposed or recycled. Materials management still focuses on recycling and disposal issues. However, looking at production and use phases can help identify more sustainable ways to design products that use less energy, water, and toxics. This is important because the adverse environmental impacts of extraction, production, and use can be far greater than those associated with disposal when a material becomes a waste. According to EPA, a sustainable materials management approach is essential to conserving our natural resources to meet both today's needs and those of future generations." Source: https://fortress wa gov/ecy/publications/documents/1504019.12df page 4 (Executive Summary). And while I see your point that waste prevention is a tough sell (because there's no object to sell and usually no money to be made), I suggest you can also use Washington's, Oregon's, and EPA's recent plans to show that there is a trend for more "political support" of waste prevention and pollution prevention via the promotion of whole systems thinking. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 12 W1,7 Response: Chapter 3 will be revised to reflect increased support for waste and pollution prevention. 15. In Section 3.1.1, you could put in a graphic of the EnviroStars logo to enhance brand recognition by readers. A link to the online EnviroStars directory would also be great. - On a related note, have you heard about the effort going on in the King County area to utilize the EnviroStars brand to recognize "Breen" businesses beyond just toxics/hazardous waste -related work? I would encourage you to touch base with Jessica Branom-Zwick at Cascadia Consulting about this effort to build on the brand, and see if you think it would be something your county would want to consider: jessica@cascadiaconsulting.com. Response. Hyperlink to EnviroStars website and EnviroStars logo will be added to ,Section 3.1.1. Note: As an EnviroStarparticipating jurisdiction, WYlhatcom County is indeed participating in the EnviroStars rebranding discussions. 16. In Section 3.1.2, you need to add the word "Materials" between "Industrial" and "Waste," and I suggest also including the acronym "IMEX." Response: Comment will be incorporated as requested. 17. In Section 3.1.3, is this Green Classroom Certification program associated with Washington Green Schools? If not, I would suggest putting exploration of potential synergies with Washington Green Schools as a goal or strategy of this SWMP. See www.wagreenschools.or . Response: RE Sources' Green Classroom certification is independent of the Wlashington Green Schools program; however, per Washington Green Schools program website, there are a handful of Wlhatcom County schools also participating in that program. Text will be added to Section 3.1.3 regarding the Washington Green Schools program, as well. 18. In section 3.1.4, please note County residents may also utilize a recycling hotline operated by the State of Washington that is both online (http://1800recycle.wa.gov and https://www.facebook.com/1800recycle.wa.gov) and via live phone assistance during the week (9:00-3:00 at 1-800-RECYCLE (1-800-732-9253)). Please also expand upon the "Permanent Information Centers," so the reader can imagine what they look like/how they function. Are they brochure racks? How are they maintained? For Event Recycling, You could note that this is required by law: htti2://www.ecy.wa.gov/PROGRAMS/­SWFA/­``eventrecychng/``` Also, Skagit County is currently doing a lot in this area, FYI: http: / /www.skagitcouniy.net/Departments /Sustainability/zerowaste.htm The Electronics Recycling area could mention many electronic items are now able to be recycled for free via a product stewardship program that launched in 2009 called E-cycle Washington: www.ecyclewashington_�org. Response: Comments will be incorporated as requested. Response to Comments 13 Whatcom County CSHWMP, July 16, 2015 Revision 199 19. In Section 3.2, it notes how critical it is to raise public awareness of County -funded waste programs, but I believe we want to raise awareness of both County -funded and non -County funded programs. Response: Text will be revised to indicate "... awareness of County- and non -County funded waste programs... " 20. Table 3-1 notes support for Master Gardeners, but on page 31, this is called a "Master Recycling & Composting Program," which seems to be a better fit. Same comment for section 5.1.1. Response: Both Table 3-1 and Section 5.1.1 mill be revised to reflect the Master Composting and Recycling program rather than Master Gardener program. 21. Required Chapter 4, Recycling, only touches on commercial recycling to say it is unregulated. While this is true, commercial waste is a large portion of what's out there (43.7% of all MSW, according to the 2009 Washington Statewide Waste Characterization Study (page 9).) It is also required to include programs to monitor the collection of source separated waste at nonresidential sites as part of your waste reduction and recycling element (RCW 70.95.090 (7) (b) (ii).) Please expand upon commercial recycling. For example, are the materials collected typically sorted in a similar way as the residential bins (paper separate from containers)? Does there seem to be high participation? Is it costly for businesses? Any creative rate structures to incentivize it? Response: Commercial Recyclable Collection discussion in Section 4.1.1 mill be expanded, including addressing the questions presented in this comment. 22. Section 4.1.1 is not actually what Ecology and the Utilities and Transportation Commission would consider the "list of designated recyclables," as that is found in Whatcom County Code Section 8.10.050, Section C, as noted in section 4.1.3. However, the list shows foil. I don't see foil listed in WCC 8.10.050, Section C, and I actually would advise against collection of foil, unless Whatcom Co has a special end market for it. During the presentation from an aluminum recycler at the NW Commingled Workgroup, it came to light that foil basically just gets burnt up in the recycling stream with no recovery of metal. While it is possible to recover it, you'd need a recycler whose system is set up specifically for foil. You might double-check your end market. And within Section 4.1.3, a process for proposed changes to the designated recyclables list is given. Note that WCC 8.10.050, section L outlines a method by which an item may be removed from the list. Please ensure the protocol for changes to this list outlined here in the plan does not conflict with the protocol outlined in the County Code. Additionally, please have list updates sent to both Ecology and the Utilities and Transportation Commission. Response: Reference to foil as an accepted recyclable material will be removed from Section 4.1.1. Section 4.1.3 will be revised to indicate that the SVAC will make a recommendation to the County executive rather than the County council to be consistent with WCC 8.10.050(L). 23. Section 4.2.1 on residential recycling starts off with some data on recycling participation and diversion. If by recycling participation you mean the number of residents setting out recyclables compared to those not source -separating out recyclables, it would seem to me that 40 to 50 percent would be a low number, especially for a county with a collection district. The diversion number given also seems a bit odd in a section devoted to residential Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 14 N1Z11 recycling, as I believe that rate is from our data that includes commercial and some industrial waste, as well. Please cite your data source? Response: Use of the word `participation" was incorrect and will be removed from the text. 24. Section 4.2.1 begins the discussion of three -bin collection in comparison to single -stream collection. You may wish to note the regional effort to which you are invited and which is currently underway, the Northwest Commingled Workgroup: htW://www.ecy.wa.gov/programs/swfa/conuningled/ . And although Ecology does support the collection of source -separated materials through RCW 70.95.090 (7)(b) as stated in the plan, source -separation simply means sorting recyclables from garbage at the source of generation. It does not necessarily mean the three -bin method. Response: Comment noted. 25. In Section 4.2.1, education is given as the answer to overflowing bins, but I wonder if there are other solutions? How do the haulers mitigate issues associated with the three -bin system such as limited bin size and weather -related issues (blown away or wet materials)? Response: Text will be added indicating that haulers will accepted appropriateyseparated materials in alternative containers. 26. At the end of section 4.2.2, I suggest expanding upon the "targeted focus" with wording such as: "...relatively low multifamily recycling rates, and that an approach with three prongs can help boost rates. The three components are: 1) Collection logistics, 2) Policies and regulations, and 3) Education and outreach." (Those focus areas are from the Washington State Recycling Association study.) I suggest playing up options beyond education in Table 4-2, as well. Response: Comment will be incorporated as requested. 27. The first sentence in Chapter 5 is technically incorrect. If there is waste to compost, that waste has already been generated. I suggest "Significant diversion of waste is commonly accomplished..." Response: Comment will be incorporated as suggested. 28. Please define green waste in your glossary so we know what we're discussing in Chapter 5. Additionally, please specifically cite the "seasonal waste sort" mentioned at the start of Chapter 5. The 2009 Statewide Waste Characterization Study was conducted over all four seasons, so if that's the study you're citing, I'm not sure what you mean by seasonal. However, the data from that study is pretty interesting when looking at Whatcom and its organics: The Northwest WGA chart shown as Figure 29 on page 69 shows organics at almost 30%. Table 37 shows Organics from Commercial as only 24.7%. (Food -Vegetative 14.7% is largest, followed by Food non -vegetative at 8.2%)(Animal manure only 0.6%). Table 38 shows Organics from Res. as 49.2%. (Food -Vegetative 17.9%, followed by Animal Manure 12.6%). Response: A definition ofgreen waste will be included in the glossary. The second paragraph of Chapter 5 will be revised to indicate "In 2009-2010, Ecology conducted a four -season MSWI characterisation study in select counties across the state, one of which was Wbatcom County. The study found that organic material...' 29. In Section 5.1.2, are any of the digesters accepting waste from offsite? If so, what kind of waste and who is hauling it? Similarly, in section 5.2.2, please discuss any issues or Response to Comments 15 Whatcom County CSHWMP, July 16, 2015 Revision 201 opportunities related to the digesters. How do you think the various organics facilities will handle the waste stream projected 6 and 20 years into the future? Response: Digesters operating in 1Whatcom County accept waste from off -site that are self -transported to each digester by the generator, as regulated under WIAC 173.350.250. 30. In the first sentence of 5.2.1, do you mean to say "... drop-off facilities, and onsite composting"? Response: Text will be revised to clarify "on -site composting. " 31. In Table 5-1, there's a suggested action to require compostable service containers at commercial locations. Just as a word of caution, we have seen a lot of contamination issues related to acceptance of such compostable items at other compost facilities in the state. One has even reversed its policy and now accepts no compostable service ware. Response: Comment noted. 32. As with other tables, the final column may now be updated. State Plan goals that may fit well include SWM 17 and SWM 22, as well as others. Response. Please refer to response to Diana Wladley Other General Comments Comment No. 2. 33. First sentence of 6.1 should technically say "certificated" instead of "certified." Also in 6.1, "biweekly" can have two meanings... one is "every other week" and the other is "twice a week." I suggest clarifying by saying "every other week." Furthermore, it says Bellingham is an exception regarding the containers listed. What do Bellingham citizens use? Response: Text will be revised to indicate "certificated" rather than "certified;" to rfect "every other week" rather than "biweekly; " and the exception to Bellingham will be removed (see response to Amber Jones Comment No. 1). 34. In the first column of table 6-1, I suggest adding clarifying source language such as "...required minimum service to all subscribers as outlined in [the ILAs, County Code ... etc..]" Response: Comment will be incorporated as suggested. 35. Section 7.1.3 starts out by saying the MSW generated in the county ultimately goes to one of the following landfills. However, of the list of six facilities, it seems to me that only three actually receive traditional Whatcom MSW (Columbia Ridge, Roosevelt, and Headquarters). This is based on the table of Solid Waste Disposal Data by County for 2013 found on Ecology's data page here: htW://www.ecy.wa.gov/programs/swfa/sohdwastedata/ (and the addition of Headquarters, which would be a very small amount and may have been overlooked on our table). What is the source of data/MSW for the remaining landfills listed? The bullet for the Graham Road facility even notes it does not accept MSW. As you clarify this section (including adding in where waste from the eastern portion of the county goes), you might note on the Cemex Inert Waste Landfill that the petroleum contaminated soils are not inert until they are treated. Suggest adding "The contaminated soils are treated with a thermal desorption process before they are landfilled." Additionally, you might reference how this data is presented in the table on page two of Appendix A (and within that table, it may be good to have "MSW" listed in the "materials accepted" column where applicable, or clarify that traditional MSW is what is meant by the "Waste" column). Response to Continents Whatcom County CSHWMP, July 16, 2015 Revision 16 202 Response: Text will be revised to indicate that Columbia Ridge, Roosevelt, and Headquarters facilities receives most of the MSW generated in the county, and that the other three facilities receive other waste. Cemex contaminated soil treatment process mill also be added. 36. In 7.1.3 on the Cedarville Landfill, I suggest adding, "The leachate collected is treated and discharged under an NPDES permit issued by Department of Ecology." Response: Comment will be incorporated as suggested. 37. In Section 9.1.1, please explain the contracts with certain tribal businesses more. The contract is between whom? The County and the tribal business? For what service(s)? Additionally, for the cities that have municipal contracts for both residential and commercial solid waste collection, is recycling a part of the contract, or does the contract only refer to trash destined for landfill? If recycling collection is part of the contract, is it for residential or commercial or both? (Commercial recycling is unregulated, but sometimes a city will "embed" commercial recycling within a solid waste collection contract.) Furthermore, since you point out Bellingham has a separate disposal contract, should it be clarified here that for the cities of Everson, etc. that the solid waste collection contract includes disposal? Response: Tribal contracts for solid waste services are directly between the tribes and solid waste service providers. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: Thank you. A suggestion to add clarity to section 9.1.1 is to remove the sentence under the header "Cities" that reads, "Solid waste collection in the county is regulated under municipal contracts and through contracts with certain tribal businesses on the Lummi Reservation, in addition to regulation under the WUTC," and instead create a header for "Native American Tribes." Under that header, you could insert this language from the 2008 plan, if it still holds true: "Lummi and Nooksack tribal lands are not subject to this Plan. However, non -tribe residents living within reservation boundaries are subject to provisions of County solid waste ordinances. Both the Lummi and Nooksack Tribes contract with private WUTC certified haulers for garbage pickup." Response: Comment mill be incorporated as suggested. 38. In section 9.1.1 related to Ecology's roles, please say "including RCW 70.95," as we are governed by additional portions of RCW. Also please note we approve both local solid and hazardous waste management plans. Response: Comment will be incorporated as requested. 39. In section 9.1.1 related to the Northwest Clean Air Agency, please note how they dovetail with asbestos. Response: Section mill be revised to add 'NWCAA is also responsible for regulation of any construction that may result in handling andl or disposal of asbestos containing materials. " 40. In section 9.1.2, please cite how it's now codified, so a reader can more easily locate the current regulatory text. Something like "...1991... and codified as WCC 8.15.030" (or perhaps the whole chapter of 8.15?) Response: Comment will be incorporated as requested. Response to Comments 17 Whatcom County CSHWMP, July 16, 2015 Revision K�31 41. In section 9.2, landfill leases are mentioned. What leases would this be referring to? Response: Text will be revised to indicate that revenues include lease payments by private solid waste service providers for lease of County -owned land (SSC leases land upon which Cedarville and Birch Bay-Lynden drop box facilities are located, and Cando leases the land at which its transfer station facility is located). 42. In the organics portion of the implementation table found in chapter 10, it seems to me that 2B and 2D would better be done concurrently. Response: Concur, comment noted. 43. On page two of Appendix A, the data for Ryzex is missing. Response: Ryzex was inadvertently left in the table and will be deleted. 44. On the next -to -last page of the draft plan, a portion of the budget is shown as a payment to the Health Department. What does this cover? Is it staff for inspections/permitting and solid waste enforcement like illegal dumping work? Response: To supplement Ecology grant revenue for solid waste compliance enforcement activities, an allocation of $25,000 per quarter of solid waste excise tax revenue is utilised to finance staff -conducted solid waste enforcement activities. Specific Comments by Section -Hazardous Waste 1. The last paragraph of 11.1.1 has an incorrect statement. The 2008 plan updated the Haz Waste Plan as well, as stated on page 9 of Section Two of that plan. Response: Text will be revised to indicate "Since then, updates to the Plan (most recently completed in 2008) have included reference to the 9991 Hazardous Waste Management Plan... " 2. Sections 11.1.2.3 and 11.1.7.3 both mention technical assistance to businesses. It is advised to mention the EnviroStars program, which could be done by referring the reader to section 3.1.1 of the solid waste portion of this plan. Response: Comment will be incorporated as requested. 3. In section 11.1.4, they're technically "certificated" haulers, instead of "certified." Response: Comment will be incorporated as requested, and elsewhere in the document, where appropriate. 4. Are the interlocal agreements referred to in section 11.1.5 the same ones as found in Appendix C? If so, please cite accordingly. Response: Reference to Appendix C will be added to the text. 5. In section 11.1.7.4, is there any kind of fee associated with either program? How is the fee structured? Response: CESQGs are required to pay for ha.Zardous waste disposal at the MRV facility in accordance with the established and approved fee structure defined in the Disposal of Toxics Program operations plan. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: To help readers understand that CESQGs must pay a fee, please note as much in the text, such as by adding "and must pay for hazardous waste disposal in accordance with the fee structure defined in the Disposal of Toxics program operations plan." to the end of the final sentence. Response: Comment will be incorporated as suggested. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 18 ME 6. In section 11.2 and throughout, the hazardous waste planning period is given as 2015-2020. I suggest shifting it to match the solid waste management plan's period of 2016-2021. Response: Comment will be incorporated as suggested. 7. In areas where you plan for the future and say the County will be contracting with Stericycle, you might loosen your wording to allow for other contractors. (For example, "... County (through contractor such as Stericycle Environmental Solutions)" Response: Applicablegoals defined in Section 11.2.2.1 will be revised as suggested. 8. Regarding used oil, Ecology has seen a recent rash of Polychlorinated biphenyls (PCBs) from public used oil collection sites. If this contamination spreads to larger loads as the contents of the tanks are collected for recycling, local governments can incur large expenses. If Whatcom County has safeguards in place to watch for PCBs, such as staffing used oil collection sites or other means, please include them in the plan. If no such safeguards are in place, please recognize the potential for contamination of PCBs within the plan and consider recommending creation of safeguards against them. Furthermore, to more fully comply with Chapter 70.951 RCW, the Used Oil Recycling Act, please include a description of how used motor oil from watercraft is addressed, how signage is monitored/assisted, and what public education, if any, is focused on motor oil. Response: The contracted waste motor oil collection company uses Chlor-detect for detection of PCB contamination prior to pumping out each used oil tank at each pick-up; no PCBs have recently been detected. The Disposal of Toxics program accepts motor oil from watercraft. Staffprovide technical assistance on handling and disposal. Additionally, staff have worked with Port of Bellingbam to achieve EnviroStars status and educate the public on proper watercraft motor oil disposal through signage. Additional Items to Address Before Submission of the Final Draft 1. Required Please show how each of these comments from Ecology has been addressed in your final draft plan, citing the specific section(s) and/or page(s) within the final draft. Response: Revisions to the draft Plan will be maintained in track changes mode in a file separate from the final revision that is submitted for Ecology approval. Diana Wadley Comment on January 15, 2016 Revision Received February 17, 2016: This document and the accompanying track changes document have been very helpful. Thank you! Response: You are welcome! Response to Comments 19 Whatcom County CSHWMP, July 16, 2015 Revision 205 Lisa Friend, Citizen Received December 7, 2015 General Observations 1. Attention should be paid to issues of Extended Producer Responsibility (EPR, also known as "Product Stewardship") and the management of marijuana residuals, both of which could face the county in future years. Opportunities for producer management of paint, in particular, are likely to come before SWAC again in future. Response: Comment noted. Acronyms and Abbreviations 1. The term "CDL" is referenced on Page 56. Perhaps is should be added to this list, as a variation of C/D. Response: Reference to CDL in Table 7-1 will be revised to "CID Waste. " Introduction 1. Page 4, figure 1-1: Please include the Cedarville Drop -Box site. Response: Cedarville Drop -Box site will be added to Figure 1 1. Planning Area 1. Table 2-3, Whatcom County Employment Sectors: Consider including the Materials Management sector in this data, as a baseline for tracking the economic impact of the local solid waste and recycling industries in future years. Many communities are having success with demonstrating the positive economics associated with employment in the recycling, composting and related materials management sectors. Response: Materials Management sector -specific data for WIhatcom County is not available (2013 U.S. Census American Community Survey). 2. Section 2.3.1, Solid Waste Definitions: Please include a definition of "Organics Management" and/or "Composting." Also, under "diversion," perhaps clarify whether "alternative daily cover" is viewed by the County as a "beneficial use." Response: Please refer to the Glossary at the end of the document. The source ofglossary terms is Appendix A (Glossary of Terms and List of Acronyms) of the Department of Ecology's Guidelines for Development of Local Comprehensive Solid Wlaste Management Plans and Plan Revisions, Publication No. 10-07-005 and should be maintained consistent with the definitions presented in that publication. 3. Section 2.3.7, Diversion and Recycling Rates: Please note that incineration and, if appropriate, alternative daily cover, are prevented, in addition to landfill diversion. In the second paragraph, are "organics" appropriately listed under both diversion and as a recycled stream? The repetition confused me. Response: Comment Noted. Recycling is considered a component of landfill diversion, so it is appropriate to list organics under both. As shown in Figure 24, Organics (at 19%) are third highest component of the recycled stream (with metals and paper, at 39% and 31 %, respectively, being the only larger components). Waste Reduction and Public Education 1. Could "Extended Producer Responsibility" (Product Stewardship) be appropriately listed in this chapter? Response: Do not concur. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 20 Nlffllos� 3.1.1., Public Sector Activities: Program evaluation/assessment is a primary County role that could appropriately be listed with "public outreach and education." The purchase of recycled -content goods, recycled -asphalt pavement, and finished compost are also functions of County government that could be listed here. This is an ideal place to note the role of County government in the financial management of the materials management sector and opportunities for the county to apply for and administer state and federal grants. The final sentence of this section, could we reference data that prove the plastic bag ordinance "is a big step forward in reducing litter and unnecessary waste," etc.? While this is intuitively true, information about how much litter has been reduced and money saved since 2012 should be incorporated or referenced. Response: Reference to the County's role as overall solid waste management program assessment will be added to Section 3.1.1. However, citing the listed operational functions are not considered relative the public education functions the County leads. No data is available relative to the City of Bellingham's plastic bag ordinance. Table 3-1, Goals and Actions: Please add items 2F and 3 E, each reading "Evaluate effectiveness of outreach efforts and use data to fine-tune program elements," which would support "Beyond Waste" principle of "Strive for Continuous Improvement." Response: Goals and associated actions provided in the Goals and Actions table were the outcome of significant deliberation of the SWIAC subcommittee relative to tangible results and careful consideration of available County resources for action implementation. Recycling 1. Section 4.1.1, Programs. In the second paragraph, address the issue of enforcement of the garbage collection exemption and provide data on how widely this exemption is used. Address the provision of recycling series to multifamily units, including trailer parks, homeowners association and condominiums. Response: The purpose of Section 4.1.1 is to provide an overview of the collection program; action 1.A in Table 9-1 addresses the need to evaluate the exemption program. Multifamily residential recycling is discussed in Section 4.2.2. 2. Table 4-1, Accepted Curbside Materials by Bin: Please add "phone books" under "Scrap Paper," perhaps in the "Mail, magazines, catalogs" Bullet. Consider adding "steel" cans to the "Tin cans" bullet and perhaps specifying that empty aerosol cans are included. Response: "Phone books" are already listed under the second bullet associated with Scrap Paper; fourth bullet associated with Containers will be revised to indicate "Tinlsteel cans. " 3. In the Point Roberts paragraph, please clarify how "seasonal vacation" and "weekend homes" are serviced (one assumes through drop-off service). Response: Curbside recycling pick-up is not required of residences meeting these definitions; therefore, recycling participation is left to the discretion of the resident. 4. Under "in-house recycling," please indicate the level of diversion the County is achieving through this program, as a baseline. This is an excellent place to record the County's efforts to procure recycled -content products and compost as well as any waste -prevention measures such as banning of single -use water bottles at County events. Response to Comments 21 Whatcom County CSHWMP, July 16, 2015 Revision 207 Response: The County has not conducted an assessment of the diversion level associated with in-house recycling. Any efforts that County may be pursuing associated with recycled -content and compost procurement is not applicable to discussion specific to "in-house recycling': 5. Electronics Recycling: Opportunities for diversion of small electronics that do not fall under the E-Cycle Washington definition should be clarified here. "Consumer Products" represent 10% of the County's discarded waste: Is there need for more diversion of small electronics? Response: A hyperlink to the specified RCW1 sections, in addition to the E-Cycle webpage will be provided for the reader to access more specific information relative to small electronics diversion opportunities. 6. Along those same lines lie opportunities to divert additional hard -to -recycle materials for which markets are developed or developing. These include Christmas lights, film plastic, rigid plastics, paint and, perhaps, carpet. Response: Comment noted. 7. Diversion of Construction and Demolition materials should be addressed in this section. Response: Construction and demolition waste is considered a special waste; therefore it is discussed in Section 8, Special haste. 4.1.2, Facilities: These should be mapped in this section in a more specific fashion than in Figure 1-1. Response: Comment noted. I would be interested in knowing the number of hours these facilities are open each week, the number and type of users (residents vs. businesses vs. apartment/trailer park dwellers) and any change in use over time. Response: This information is not available. 10. More information in this section could appropriately include details about the markets for Whatcom-County-generated recyclables and compost (domestic or international? Washington or west coast?), contracts, responsibilities and residuals. Response: Comment noted. 11. I would be interested in knowing the number of hours these facilities are open each week, the number and type of users (residents vs. businesses vs. apartment/trailer park dwellers) and any change in use over time. Response: This information is not available. 12. I suggest sections 4.2.3 "Commercial Recycling" with a similar level of detail and 4.2.4 "Construction and Demolition Recycling." Response: Please refer to response to Diana Iladley Comment No. 21 (Other Specific Comments by Section); construction and demolition debris is discussed in Section 8. 13. Table 4-2, Goals and Actions: Incorporate section on Commercial diversion and C/D. Explain how local government will improve efforts towards "Beyond Waste" Strategy 4: "Lead by example in government, especially through... purchasing power..." Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 22 ►NjE,7 Response: Goals and associated actions provided in the Goals and Actions table were the outcome of significant deliberation of the SIVAC subcommittee relative to tangible results and careful consideration of available County resources for action implementation. Organics Material Management 1. This section should address health and environmental concerns about micro -plastics in compost and steps to keep these materials out of the Whatcom County organics stream. Currently, materials are collected that do not meet the "Biodegradable Products Institute" standards for compostability nor equivalent ASTM standards. Response: Comment noted. 2. In addition, the residents of Lumnii Island are interested in regular residential compost collection service: this need should be addressed in this section. Response: The collection service provider will be notified of this perceived need. 3. In the first paragraph, the parenthetical definition of "organic materials" could include compostable paper. Response: Comment will be incorporated as suggested. 4. 5.1.1, Programs: How are food scraps handled in Point Roberts? Are they accepted in the "green waste" drop box at Cando? Response: Food scraps are managed as municipal solid waste in this area. 5. Under "Educational Programming," provide data about the effectiveness of existing outreach programs and how continuous improvement can be gained. Response: Requested data is not available. 6. 5.1.2, Facilities: Indicate the costs to the consumer for use of these programs and usage trends over time, particularly given recent increases in charges at the City of Bellingham Clean Green facility. Under "Digesters," please indicate the percentage of County waste currently directed to these facilities, vs. other organic management options. Response: Most recent annual tonnage processed (and percentage of which was manure) by anaerobic digesters located in the county will be added to Section 5.1.2. 7. 5.2.1, Programs: The adjective "backyard" should be added to "composting," to differentiate that term other organics management options listed in the first sentence. Response: The word "on -site" has been added prior to "composting" to provide the differentiation (see response to Diana 1-Y adley Comment No. 30 — Other Specific Comments by Section). 8. Purchase and use of finished compost should be addressed in this section. Response: Policy associated with purchase and use of finished compost should be considered by the County department using compost operationally, not as a policy defined the solid waste management plan. Table 5-1, Goals and Actions: Perhaps add 1B — "Evaluate effectiveness of current backyard composting programs and seek continuous improvement." Response to Comments 23 Whatcom County CSHWMP, July 16, 2015 Revision 209 In element 2 C, clarify that only BPI- or ASTM-certified compostable containers should be required. In addition to requiring the use of these materials, purchase of organics receptacles and collection service should likewise be mandated. Add a third goal to encourage government/institutional purchase of use of finished compost Response: Comment noted Goals and associated actions provided in the Goals and Actions table were the outcome of si_anificant deliberation of the SIVAC subcommittee relative to tanuible results and careful consideration of available County resources for action implementation. Solid Waste Collection 1. In this section, it would be appropriate to address litter data over the past decade (how much is collected, from what regions, etc.) and the exemption of solid waste collection, how many exemptions exist, estimate of gaps, and the enforcement of the exemption. Response: Action 1.A in Table 9-1 addresses the need to evaluate the exemption program. 2. The management of industrial quantities of solid waste, though not MSW, should be addressed in some portion of the plan: What is done with wastes from Alcoa, refineries, etc.? Response: Industrial generators utilise existing services of the county solid waste management system. Although Alcoa and BP additionally operate permitted landfills for certain approved wastes generated only from on -site operations, they are not within the scope of the plan. 3. Enforcement of the collection exemption and mapping of its use can be included under "Goals and Actions." Funding is likely available to the county for this type of analysis, and it should not be overlooked simply because of fears that analysis is not within the budget. Response: Action 1.A in Table 9-1 addresses the need to evaluate the exemption program. Transfer and Disposal 1. Section 7.1.1, Transfer Stations: Separate the third and fourth bullets in the paragraph beginning "These transfer stations are open to the public," as the Bellingham Vactor Waste Facility is closed to the public. Response: Text will be revised to read "These transfer stations, with exception to the Bellingham Vactor Wlaste Facility, are open to the public. " Section 7.1.1, Transfer Stations: Separate the third and fourth bullets in the paragraph beginning "These transfer stations are open to the public," as the Bellingham Vactor Waste Facility is closed to the public. Also in the final paragraph, add a reference to Section 8.1.8. Response: Text will be revised to read "These transfer stations, with exception to the Bellingbam Vactor Wlaste Facility, are open to the public. " Reference to Section 8.1.8, Vactor 1Vaste, is already provided in the bullet associated with the Bellingham Vactor Wlaste Facility. 3. Table 7-1: For clarity, be sure the footnote "*Gate fee, regardless of weight or materials," appears on the same page as the "RDC" section. Response: The subject footnote is applicable to anywhere in the table an asterisk (*) is presented, regardless of what page of the table the notation is presented. 4. Section 7.1.3, Landfills: Please reference the closed "County Construction Recycling/Muenscher Landfill' site, which was operations at the time of the previous Plan Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 24 210 update: It's closure should be documented in this plan, along with the fate of the "Foothills Recycling Landfill," referenced in Section 8.1.9. The fate of the Olivine incinerator, which at one time accepted materials from the public and local haulers, should also be addressed in this section. Response: There are many closedprivate landfills in the county that are no longer a component of the solid waste system, and not within the scope of the plan. Landfills that are operational and part of the system, or publicly owned and maintained in post -closure status utili.Zing solid waste excise tax revenues, are within the scope of the plan. 5. Section 7.2, Needs and Opportunities: In light of continuing litter issues on county roadsides, the potential for siting of another drop box in the County should be addressed here. This topic is more fully addressed in section 9 but also deserves mention in this section. Response: Do not concur. Access and capacity are merely one component of the litter and illegal dumping issue, which is a compliance management task appropriately and adequately discussed only in Section 9. Special Waste 1. The inclusion of plant and soil residuals from marijuana -growing operations should be addressed in this section, including pertinent state regulations that affect this new industry. Response: Text will be added to Section 8.1.1 to indicate that handling and disposal of marijuana industry crop residues will be completed in accordance with the most current state regulations. 2. Section 8.1.5, Disaster Debris: A separate disaster management plant should be developed by the County and referenced in this section. Include "woody debris" under both "flood" and "earthquakes" and include "vehicles" under "fire." Make note of FEMA guidance on the development of such plans and note that federal funding might be available for plan creation. Contingency contractors with debris management companies and site should be in place in advance of any disaster. Response: The Health Department is currently supporting the W 1 tcom County Sheriff's Ofce Division of Emergency Management in the development of a separate disaster debris managementplan, which will be referenced in this section. Suggested materials will be added to the applicable events. 3. Section 8.1.7, Biomedical Waste and Pharmaceuticals: In the bulleted section listing "Participating pharmacies," consider the fate of the Haggen chain. Also, clarify whether the MRW facility accepts controlled substances from households, though not from businesses: I found the acceptance of controlled substances from households surprising. Additional detail is not clear on the phone line nor the County Hazardous web site. Response: Agree that the future of pharmacy acceptance unused medications at the current Haggen pharmacies remains uncertain; however, all are currently still operating. The plan is accurate as stated that the MRWI facility "accepts unusedpharmaceuticals from households (including controlled substances), and from small -quantity generator businesses (not including controlled substances). " 4. Section 8.1.9: Tires: Please provide data and trends for used tire diversion in the county, including the number/weight of tires found as litter or in cleanup piles: The Ecology website indicates that tons of tires cleaned up are going down statewide; does the same hold true in Whatcom County? Response: The County has not tracked tire diversion data. Response to Comments 25 Whatcom County CSHWMP, July 16, 2015 Revision 211 5. Section 8.2.1, Construction and Demolition Debris Recycling: Because C&D materials represent such a significant portion of the local waste stream, any data on the tonnage of these materials being diverted from Whatcom County should be reported in this section. Data about the success of marketing sorted materials from in -county processors and, if possible, out -of -county processors, would be appropriate before proposing any flow control changes. Also in this section, the "Goals and Actions" recommend controlling "sham recycling." This topic is not addressed in the narrative; this section seems the appropriate place for clear introduction of the "sham recycling" topic and its place in the state "Beyond Waste" plan. Response: As stated above, potential flow control and sham recycling issues will be investigated, reviewed and responded to in the planning period. 6. Section 8.3, Goals and Actions: Under goal number 1, include bullet "D" to encourage pilot program for use of recycled asphalt shingles in County parking lot paving or road applications. Response: The Health Department is currently providing support to aprivate sectorpaving company to implement permitted asphalt shingle recycling operations. 7. Under "Priorities of Plan," is the wording "Enforce compliance, technical assistance and enforcement"? This terminology seems self -reflective and can be, therefore, confusing to the lay reader. Response: The correct terminology, per the Beyond AVaste Plan, is `Focus on facility compliance, technical assistance, and enforcement. " Text will be revised accordingly. Administration and Enforcement 1. Section 9.1.1, Agency Roles and Responsibilities: Perhaps introduce the "Solid Waste Division" of the Whatcom County Health Department in the first sentence, for clarity. Response: Clarity specifying the Solid Vaste Division of the Health Department will be added. 2. Insert information about the county's management of the annual Solid Waste budget into this section with a reference to Section 10.3. Response: Comment will be incorporated as suggested. 3. Under "Cities," please address the absence of a municipal contract for commercial solid waste collection in the City of Bellingham and the reason the City does not contract for this service. Response: Text will be added specifiing that commercial collection in the City of Bellingham is governed by WY UTC regulations. 4. Under "Washington State Department of Ecology," please address the availability of grant funding from the state for local solid waste programs. Response: Comment will be incorporated as suggested. 5. Under "Washington Utilities and Transportation Commission," please clarify whether the certificated areas are for residential collection only and, if so, the legal structure(s) under which commercial garbage, recycling and organics collection take place. Clarify whether Whatcom County Ordinance No. 90-95 was restricted to residential services or whether commercial collection was also addressed. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 26 212 Response: Do not concur. Sufficient level of detail relative to the IK UTC's role as it pertains to a solid waste management plan is provided. Section 9.1.3, Financing: The history of the Maple Falls drop -box site should be addressed here or in Chapter 7. Response: Do not concur. Maple Falls drop -box facility is no longer active and, therefore, not relative to the current plan update. 7. At the end of this section, indicate how often payments are made to the County and whether there has ever been any issue regarding the amount/timeliness of such payments. A 10-year summary of payments might be helpful. Response: Do not concur. Request is not relevant to the level of detail of a solid waste management plan. 8. This is also a good place to indicate the county's plans for continued financial support of essential solid waste services, education, and program evaluation if waste reduction and recycling result in a decline in fee payments/smaller budget. It would not be appropriate for readers of this plan to come away with the idea that waste reduction and recycling would be given reduced priority if — by their success — the solid waste budget could suffer. Response: Comment noted. 9. Section 9.1.4, Administration: The County's role in procuring state and local grants for solid waste operations should be mentioned here, as should the role of the health department in facilitating the SWAC and SWEC meetings. Response: Comment will be incorporated as suggested. 10. Section 9.1.5, Enforcement and Compliance: Data about the county's garbage collection exemption structure should be included here. Also, the duplicate labeling of Section 9.2.1 as "Enforcement and Compliance" is confusing. Perhaps consider additional distinction between the two section and their titles. Response: Specific data requested are not available and, as stated above, the exemption program will be reviewed during the planning period as a recommended action item. Section 9.1.5 describes the existing conditions associated enforcement and compliance, while Section 9.2.1 identifies corresponding needs and opportunities. 11. Section 9.2, Needs and Opportunities: The opportunity for the County to apply for and benefit from USDA Rural Development Solid Waste grants should be detailed here, especially as these grants could provide additional solid waste services to the Kendall -Maple Valley and Point Roberts areas listed here.. Response: Do not concur. The solid waste budget includes significant revenue from numerous grant sources, and it is not within the scope of the plan to call out each grant opportunity separately as an action item. Implementation Schedule 1. Section 10.1, Implementation Responsibility: Under "Waste Reduction and Recycling," consider adding: "The County should lead by example by buying recycled products and finished compost and by promoting a model in-house diversion program." Response: Comment noted. Response to Comments 27 Whatcom County CSHWMP, July 16, 2015 Revision 213 2. Section 10.1, Implementation Responsibility: Under "Solid Waste Management Planning," the provision of data on diversion successes should be emphasized, as should financing for effective programs. Response: Comment noted. 3. Table 10-1, Implementation Schedule: The phrase "Track efficacy and fine-tune" would be appropriate in nearly every section, including: "Education and Community Outreach" elements 1, 2, and 3; Multifamily Recycling elements 2 and 3; and the initial occurrence of "Compliance Management and Enforcement" 2.a (Provide programing support...) The Education and Community Outreach element could use a bullet 4.0 to consider use of the Re-TRAC software. 4.A should include litter reduction measures. The "Residuals Recycling' section needs a second element that would read: "Monitor residuals and markets" to insure that locally generate materials are sent to end -use markets with a 12% or lower residual rate (to combat or define "sham recycling'). New sections need to be created for Commercial Recycling and C&D Diversion. The Multi -Family Recycling section would benefit from "Track efficacy and fine-tune" phrases for elements 2 and 3. Under "Organics Management," please include the term "data -based" before "impact." Include the "Food, Too Good to Waste" program and also use the term "BPI -Certified compostables" in section C. If both the "Compliance Management and Enforcement" and "Administration and Enforcement" sections are maintained, the checkmarks in both timelines should match. Bullets "A" should include "Track efficacy and fine-tune." In the "Special Waste Programs" section, address data -based evaluation of current diversion programs and goals for the future in element 1, "Increase C/D Wftsfe material recycling." Under sub -topic "C," add the use of recycled -asphalt -shingle paving material. If data will not soon be available for adequate comparisons between in -county and out -of - county C/D processing options, considered delaying element 23, "Evaluate changes in the Flow Control exemption..." to 2017 or later. Under element 4, regarding pharmaceuticals, incorporate an action that reads: "Develop extended producer management policy at the state level." Consider an element 5: Investigate extended producer management options for paint. Response: The implementation schedule reflects the timeline for completinggoals and associated actions identified associated with each plan element. Those goals and associated actions were the outcome of significant deliberation of the SWIAC subcommittee relative to tangible results and careful consideration of available County resources for action implementation. 4. Section 10.3, Budget: Provide detail on the Disposal of Toxics budget, which represents a quarter of the annual solid waste budget: How has this budget changed in the past decade. What percentage is dedicated to the management of paint? Provide additional data on the success of community education and outreach programs and the amount of money spent on litter control programs year over yare / ton by ton. Detail a budgetary goal: Lower expenditures and increase the effectiveness of outreach / program spending. Response: The purpose of Section 10.3 is to provide an overview of the solid waste budget, not specific detail relative to program components or budgetary goals. Local Hazardous Waste Management Plan Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 28 214 Section 11.1.2.1, Hazardous Waste Inventory: Please provide detail on the hours per week the MRW site is open and also the hours per week the drop-off sites are open. Detail the percentage of collected material that comes from the MRW site vs. the drop-offs and, if possible, the amount collected at each drop-off site per year. Include the volumes of oil collected in the residential recycling collection program and the volumes of oil and antifreeze collected by the CESQG service. If possible, make a note on Figure 11-2 explaining the jump in customers in 2007. Provide a break and new title after the bullet that begins "Twenty-four..." to indicate a change in subject to contaminated sites. A similar break and new title should precede the final paragraph in this section, which again changes subjects to address service providers. Response: Operational hours of each facility will be added. The detailed data requested is not within the scope of the plan. Section titles will be added to delineate discussion relative to Dangerous Wlaste Generators, Remedial Action Sites, and Hazardous Waste Services. 2. Section 11.1.2.2, Public Education: Please add wording that will direct the County to track efficacy of these outreach programs and fine-tune services for greater impact. Response: Comment noted. Due to resource constraints, measurement of program efcacy is not a prioritised goal. 3. Section 11.1.2.3, Technical Assistance: Include data about the number of calls received, the topics that represent the most common inquiries, and the number of individuals and businesses served each year. Response: The number of businesses and households served each ear is depictedgraphically in Figure 11-2. Technical assistance inquiries by type are not tracked. 4. Section 11.1.2.4, Service Improvement...: Provide data on cost savings and public service improvements realized through the state's fluorescent lighting take -back program and extrapolate to the potential for service improvements through a paint take -back program for Whatcom County. Response: Do not concur. Although the DOT program supports participates in established stewardship programs, such programs are not managed at the local level. 5. Section 11.1.4, Financing the Program: Discuss options for manufacturer funding of paint and pharmaceuticals management through Extended Producer Responsibility programs. Similar programs are already helping fund the take -back of electronics and fluorescent lights in Whatcom County, and those financial contributions/savings should be acknowledged in this section. Response: Do not concur. Although the DOT program participates in established stewardship programs, such programs are not managed at the local level. Section 11.7.1, Household Collection: Please provide data on the amount of each of these materials managed by the county on an annual basis over the past decade; perhaps in an appendix. Under "Annual Collection Events," indicate the geographic location of these collections over the past decade. Response to Comments 29 Whatcom County CSHWMP, July 16, 2015 Revision 215 Under "Household Waste Pharmaceuticals Collection," indicate the volumes of these materials collected through the MRW each year. If possible, incorporate data from local pharmacy and law enforcement take -back programs, as well. Response: Figure > 1- I graphically depicts the total annual quantities of MRW/ collected by source. It is not within the scope of this plan to provide detail on quantities by waste type. Section 11.1.7.2 and 11.1.7.3: Provide data on the effectiveness of each program either here or in Section 11.1.2.2. Response: Comment noted. Due to resource constraints, measurement of program �#icacy is not aprioriti.Zed goal. Section 11.1.7.6, Used -Oil Education and Collection: Provide data on the percent of used oil re -processed for re -use as an oil -product versus the percent that is used for fuel. Substitute the phrase "taken to" (the MRW facility) for "disposed of at." Indicate the amount of used oil that comes to the facility from residents vs. through the CESQG program. Response: All of the used oil is delivered to the refiner for reprocessing, with differentfractions being used for differentpur,boses (light ends become fuel product): it is not within the scope of this plan to analy.Ze this product ratio. `Disposed of at" will be replaced with "delivered to. " 9. Section 11.2.1, Guiding Principles: Incorporate a new bullet early in the strategies that allows for Extended Producer Responsibility for management of materials. This will be congruent with item #8 in this section: "...foster an ethic of responsibility among those who produce, sell, and use hazardous products." And with item #10.a. Response: The DOTprogram currently does participate in established stewardship programs, as applicable. 10. Section 11.2.2.1, Household Collection: Under "Action," specify the hours per week the MRW facility and satellite collection sites are to be open. Under HC Goal 2, Collection Event, "Action," include the phrase "in addition to every - other -year collections in Point Roberts." Under "Funding Source(s)" include the potential for USDA rural development funding for rural collection events. Incorporate a new HC Goal: "Explore Extended Producer Responsibility for painting, pharmaceuticals and other priority materials, as determined by the county or state." This can also be the text of "Action," with the timeframe to begin in 2016 and the implementing agency to be the County. Appropriate funding source(s) would be the excise tax on solid waste hauled by certified haulers and, possibly, affected manufacturers. Response: Do not concur. 11. Section 11.2.2.2, Household and Public Education: Incorporate "Test efficacy and fine-tune" under each action. Response: Comment noted. Due to resource constraints, measurement of program f cacy is not priorid.Zed goal. 12. Section 11.2.2.3, Small Business Technical Assistance: Incorporate "Test efficacy and fine- tune" under each action. Response: Comment noted. Due to resource constraints, measurement of program eicay is not prioritised goal. Response to Comments Whatcom County CSHWMP, July 16, 2015 Revision 30 wleq� 13. Section 11.2.2.4, Small business Collection Assistance: Add "fees" to the Funding Sources under SBCA Goal 1. Response: Comment will be incorporated as suggested. 14. Section 11.2.2.5, Enforcement: Incorporate "Test efficacy and fine-tune" under E Goal 1. Response: Comment noted. Due to resource constraints, measurement of program efficacy is not prioriti_Zed goal. 15. Section 11.2.2.6, Used -Oil Education and Collection: Incorporate "Test efficacy and fine- tune" under each action. Add "fees" to the Funding Sources under USEC Goal 2. As appropriate, add another element for the collection of used oil by curbside recycling service providers. Response: Comment noted. Due to resource constraints, measurement ofprogram efficacy is notprioriti�Zed goal i-Y hatcom County solid waste collection providers currently accept used oil via curbside pick-up. Response to Comments 31 Whatcom County CSHWMP, July 16, 2015 Revision 217 httpo//wwwewhatcomcounty.us/®ocumentCenter/Horne/View/6723 M%VA',Vk WHATCOM COUNTY, WASHINGTON June 14, 2016- 218 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2017-051 CLEARANCES Inifiall Date Date Received in Council Office Agenda Date Assigned to: Originator: AH 1-II-17 r� � � �J U LL j� v L IjL >J1 1-24-17 PW/Council Division Head: JAN 17 2017 WNW COUNCIL Dept. Head: ',t /" i '/� ' f % Prosecutor: 0/ / i 1WHATCOM Purchasing/Budget: Executive: TITLE OF DOCU ENT: In the Matter of Considering a Vacation of a Portion of Chets Road ATTACHMENTS: 1. Cover Memo 2. Resolution 3. Neighboring Land Owner's Petition 4. Map of Site SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The attached Resolution, in the Matter of Considering a Vacation of a Portion of Chets Road is submitted per RCW 36.87 and WCC 12-20. Adoption of this resolution will trigger the County Engineer to report on the proposed vacation at a future Council meeting. Once the County Engineer's report is submitted the road vacation will be considered by Council under a separate resolution and a public hearing will need to be scheduled. COMMITTEE ACTION. COUNCIL ACTION.• Related County Contract #: Related File Numbers. Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. wwzo. co. whatcom. wa. us/council. 219 WHATCOM COUNTY ,�GOM co PUBLIC WORKS DEPARTMENT sP ` °1. CIVIC CENTER 3 322 N. Commercial Street, Suite 210 JON HUTCHINGS s (` Bellingham, WA 98225-4042 Telephone: (360) 778-6200 DIRECTOR �y •+ FAX: (360) 778-6201 9sH�Nc:'�o E atcomcounty.us JAN 112017 MEMORANDUM JACK L.OuwS COUNTY EXECUTIVE To: The Honorable County Executive Jack Louws and Honorable Members of the County Council Through: Jon Hutchings, Director From: Andrew Hester, Real Estate Coordinator Date: January 11, 2017 Re: In the Matter of Considering a Vacation of a Portion of Chets Road The attached petition asks for vacation of a portion of Chets Road. Recommended Action The attached petition for vacation meets all statutory requirements. It is recommended that the County Council direct the County Engineer to investigate and report his findings to the County Council. Please contact me at extension 6216 if you have any questions regarding this action. Encl. 220 SPONSORED BY: PROPOSED BY: Public Works INTRODUCTION DATE: RESOLUTION NO. IN THE MATTER OF CONSIDERING A V ACA T ION OF A PORTION OF CHE I S ROAD WHEREAS, on September 17, 2016; Robert Woods and Petra Tode-Woods submitted a petition for the vacation of a portion of Chets Road lying within the unincorporated area of Whatcom County, accompanied by the penal sum of $790.00, and, WHEREAS, as described in RCW 36.87.010, when a county road or any part thereof is considered useless the Whatcom County Council may declare its intention to formally consider vacation, by resolution. WHEREAS, without pre judging the result of its future consideration of this matter, the Whatcom County Council has received sufficient information to warrant consideration of vacation of the right- of-way identified in the above -referenced petition and described more fully below; NOW, THEREFORE, BE IT RESOLVED that it is the intention of the Whatcom County Council to consider vacation of the following described right of way: All that portion of Chets Road abutting Lots 44 and 43, Plat of Boundary Heights, according to the plat thereof, recorded in Volume 10 of Plats, Page 44, records of Whatcom County, Washington. Subject to and/or together with all easements, covenants, restrictions and/or agreements of record or otherwise, and further subject to Whatcom County retaining an easement in respect to the portion of right-of-way proposed for vacation, for the construction, repair, and maintenance of any and all public utilities and services now located on or in the portion that may be vacated. AND BE IT FURTHER RESOLVED that the County Engineer investigate and report to the County Council on the matter of the proposed vacation so that the Council may set a public hearing on the matter. APPROVED this day of , 2017 ATTEST: Dana Brown -Davis, County Clerk APPROVED AS TO FORM: Chief Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 221 BEFORE THE WHATCOM COUNTY COUNCIL IN THE MATTER OF VACATION OF ) THE COUNTY ROAD KNOWN AS ) PETITION FOR VACATION " ) OF PLATTED ROAD Petitioned for by: ) (RCW 58.17 AND 36.87) et.al. ) ()APC\ L b w Pursuant to Whatcom County Ordinance No. 1-72, dated February 14, 1972, the undersigned and those signing attached petition, which bears signatures and property descriptions of five land owners residing in the vicinity of said road, request vacation of the county road hereinafter described, and agree with the statements below: 1. Petitioners are residents of Whatcom County and owners of real property in the vicinity of the road sought to be vacated. i 2. The road sought to be vacated is legally described as follows: All *A ro r+h o" 0 �— �e 5 Roqj 10+5 qi+�3 50(4hjo.Lr i I 1�6b' 7 tie, 3. The pertinent facts in support of this petition are: 4. The road to be vacated is useless as a part of the County road system and the public will benefit by its vacation and abandonment. 5. Petitioners will pay all costs and expenses incurred by the Count in examination, report, notice and proceedings pertaining to this petition. 6. A bond in the penal sum of $790.00, payable to Whatcom County Treasurer, accompanies this petition. 7. The application fee accompanies this petition. WHEREFORE, petitioners request the County Road Engineer to report upon this petition, that a hearing take place on this report, and that an order be entered vacating and abandoning said road. CONTACT PERSON: \QC-- L f%j-4 e Signed this day of ( _ 20 Page 1 of 2 IARecords Assistant\WEB FOLDER\Road Vacation Petition 2013A WHEREFORE, petitioners request the County Road Engineer to report upon this petition, that a hearing take place on this report, and an order be entered vacating and abandoning said road. (NOTE: A minimum of five signatures is required by law; see statement near the beginning of page 1). PETITIONERS' NAMES: Property owned by petitioner (part of sec. or name of plat, see (lot), TWP, A map of the road proposed to be vacated and surrounding properties, with each of the above signed petitioners properties indicated thereon, shall be attached to this petition in order for it to be accepted in the County Council Office. Page 2 of 2 IARecords Assistant\WEB_FOLDER\Road Vacation Petition 2013.doc 223 WHEREFORE, petitioners request the County Road Engineer to report upon this petition, that a hearing take place on this report, and an order be entered vacating and abandoning said road. (NOTE: A minimum of five signatures is required by law; see statement near the beginning of page 1). PETITIONERS' NAMES: Property owned by petitioner (part of sec. or name of plat, see (lot), TWP, (Blk) Range): C qr-'� S -ru ('At-m w Ylysc_ v fckn it- 8, C54:' Mjg ti s�'t"o s..� CCAN—'Pr'-- 19M G �r r r ° r. 1, ' S ill► A IT of thhroad proposed to be vacated and surrounding properties, with each of the above signed petitioners properties indicated thereon, shall be attached to this petition in order for it to be accepted in the County Council Office. Page 2 of 2 BRecords Assistant\WEB FOLDER\Road Vacation Petition 2013.doc 224 — Supplement to application Simply put we wish for a "vacation " of the property to us with the provision that we put in a road which is capable of ensuring access for Water ,Fire ,Power and Ambulance to the 40 acres west of our properties. We also acknowledge your reference to a possible requirement for any kind of drainage. This 20ft road will be maintained in good order by ourselves and the owners of the 40 acres on an ongoing basis. We have contacted and thoroughly discussed the proposal with the owners of the adjacent 40 acre property and they are in agreement with and support the application. 225 WRIMOINUM Tj I,,," I i A I ski rrounctin,,gtht Gunty p rope my known as (Aft s Owl MMMY WV IAMg appikMR)a tO WhAn OM Oln", W P"dUn OW C=nq pWWQI� knciwii -is The Prupowil is to rewcace we rwid way XWOS to dw ;U Al I -PS o.kd wcns urvow wh aw vmv me a ninno4va wry m,i avirhm An pnmw mad .7he rwhundur of the property would w, oth111r1<'vvyhoW prVvely us nv or Whe nordi and swo puTenns mme"y Me" Wmxh and VMY TWoMM. The propeny W dupwied on the prPAnin irlbnvabun supphud in the appkWon. S"wd MW aumd': lianin- 511 W! ENAM wool� i^- a'Z J f9. G O, �p � M Y 7 P -wl J s SCALEi t"°1001 ` ® DENOTES CONCRETE MON. avprie 1� BEGINNING AT THE SECTION CORNER C01. RANGE 3 WEST W.M.1 THENCE S89°57'0' SECTION 12 977.80 FEET, THENCE SO-,. .THENCE SOUTH PARALLEL WITH THE SECTION 12 380.00 FEET, THENCE SP SAID SECTION 12 40.00 FEET, THEN - SAID SECTION 12 1800.13 FEET, TtiEt1 THENCE EAST 70.00 FEET, THENCE r THENCE SOUTH 2500 FEET, THENCI NW 1/4 OF THIT NW 1/4 OF $AID SEC, 1982.87 FEET, THENCE N89-57'00"W SECTION 12 300.00 FEET, THENCE I SECTION 12 305.00 FEET, THENCE OF SAID SECTION 12 40.00 FEET'...,Tr:: STATE OF WASHINGTON ACKI COUNTY OF WHATCOM S.S. ON THIS AY NOTARY PUBLIC IN AND f R THE STA THOMAS A. BRADBURY DESCRIBED IN AND WHO EXECUTED 'r TO ME THAT THEY SIGNED THE SA' DEED FOR THE USES AND PURPOSES WITNESS MY OFFICIAL SIGNATURE AN( IN THIS CERTIFICATE FIRST ABOVE 1, STATE OF WASHINGTON) ACKNO COUNTY OF WHATCOM)3.5. ON TAIS = DAY OF Ad$ A NOTARY PUBLIC IN AND FOR THE S' GLCNN K. JOHNSON'ATTORNEY-IN- FACT FOR TO ME KNOWN TO t;E THE INDIVIDUA FOREGOING INSTRUMENT AND ACKNOW FREE AND VOLUNTARY ACT AND DEE- MENTIONED. WITNESS MY HAND AND OFFICIAL Sr THIS CERTIFICATE FIRST ABOVE W ik ACKNOWI STATE OF WASHINGTON) a - COUNTY OF WHATCOM) S.S. ON THIS„ -DAY OF A NOTARY PUBLIC` IN AND rOR THE STAI ALDEN SODERMAN AND BERNICE DESCRIBED IN A:,O WHO EXECUTEDS' rO ME THAT THEY SIGNED HE SAhir_ THE DEED FC:R THE USES AND PNRPOSE 1 WI"iNESS MY OFFICIAL SIGNATURF IN T:il:� C-;iI'(.°:CATE FIRST AS,,' , 227 ti x r a p r � i ow xr r 4 .. O ICE 14 IR I ( i� IQ2.1 r----- � M IM m o J�eZ WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-038 CLEARANCES Initial Date Date Received in Council Office A enda Date Avvioned to: Originator: GaryDavis s ( f _. `� f I (": L' _. (r.. � (j \\ �' {'-,, l l` (� �V/ D 1/10/2017 Introduction Division Head: Mark Personius / / 1/24/2017 P&D Committee ! AN 03 2016 Dept. Head , 1/24/2017 Hearing Sam Ryan WHATCOM COUNTY Prosecutor: Royce Buckingham / (� COUNCIL Purchasing/Budget: A Executive: Jack Louws TITLE OF DOC ENT.• Ordinance adopting amendments to Whatcom County Code Title 20 Zoning, relating to commercial dog kennels in the Agriculture zone. ATTACHMENTS: 1. Staff Memorandum 2. Draft Ordinance 3. Staff Report 4. Planning Commission Minutes 5. Application SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes () NO SEPA review completed? ( x ) Yes ( ) NO Requested Date SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion of proposed amendments to WCC Title 20 zoning relating to commercial dog kennels in the Agriculture zone. COMMITTEE ACTION.• COUNCIL ACTION.• 1/10/2017: Introduced 6-0, Sidhu absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2016-00002 AB2016-338 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. 229 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum J.E. "Sam" Ryan D i recto r TO: The Honorable lack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Gary Davis, AICP, Senior Planner THROUGH: Mark Personius, AICP, Assistant Director iM'17 DATE: December 27, 2016, updated January 12, 2017 SUBJECT: Title 20 Amendments - Kennels in Agriculture Zone The application to amend the zoning code to allow kennels as a conditional use in the agriculture zone is scheduled for discussion at the January 10 Planning and Development Committee meeting, and a draft ordinance is scheduled for introduction at that evening's County Council meeting. On September 8, 2016 the Planning Commission held a public hearing on the application and unanimously recommended denial. PDS had recommended that if the application is approved, the amendments should include several specified measures intended to avoid displacement of agriculture uses and minimize impacts to surrounding residents (see attached staff report). Staff has prepared the draft ordinance based on the proposed amendments discussed at the Planning Commission meeting, and on the draft findings prepared by staff. The current Public Participation Plan lists this application as a level 2 project. Section 4.2.1.5 of that plan requires the County Council to hold a public hearing for any level 2 project regardless of whether the County Council departs from the Planning Commission's recommendation. Therefore the County Council will be required to hold public hearing on the application at a future Council meeting. If the County Council adopts the code amendment, the applicant would still need to obtain a conditional use permit to allow the use. The Public Participation plan also requires coordination with the Agriculture Advisory Committee. The committee discussed the application at its October 12, 2016 meeting but lacked a quorum needed to make any formal recommendation. The Committee discussed the application again on January 11 and voted 7-1 to support the proposed amendments. 230 The Hearing Examiner recently granted a conditional use permit for a related use on the property owned by the applicant: boarding of U.S. Customs and Border Patrol dogs and parking of official vehicles. WCC 20.40.151 lists "public facility for emergency -related health and safety purposes" as a conditional use in the Agriculture zone. The conditional use permit does not permit boarding of dogs other than those owned by U.S. Customs and Border Patrol. If the code amendment is adopted, the applicant would be required to obtain an additional conditional use permit for boarding of privately owned dogs. If you have any questions about the amendments, please call Gary Davis, Senior Planner, at extension 5931. Attachments: Draft ordinance Staff Report Minutes of Planning Commission's September 8, 2016 meeting Application 231 1-12-2017 ORDINANCE NO. PROPOSED BY: INTRODUCTION DATE: ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING, PERMITTING KENNELS IN THE AGRICULTURE ZONE AS A CONDITIONAL USE WHEREAS, the applicants have proposed amendments to Whatcom County Code Title 20 Zoning; and WHEREAS, The Whatcom County Council reviewed and considered Planning Commission recommendations, staff recommendations, city recommendations, advisory committee recommendations, Tribal government comments, and public comments on the Comprehensive Plan update; and WHEREAS, legal notice requirements have been met; and WHEREAS, The County Council hereby adopts the following findings of fact: FINDINGS OF FACT 1. The applicant has submitted an application for amendments to WCC Title 20 Zoning to list commercial kennels as a conditional use in the Agriculture zoning district. 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on August 26, 2016. 3. Notice of the subject amendment was submitted to the Washington State Department of Commerce on August 2, 2016. 4. Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on August 26, 2016. 5. The Planning Commission held a public hearing on the proposed amendments on September 8, 2016. 6. Comprehensive Plan Policy 8A-1 supports conserving productive agricultural lands and agricultural resource lands, including areas with prime soils that are not now zoned agriculture, or where the area is composed of agricultural operations that have historically been and 1 232 continue to be economically viable. 7. Comprehensive Plan Policy 8A-5 discourages conversion of productive agricultural land to incompatible non-agricultural uses. 8. Comprehensive Plan Policy 7K-1 supports small and cottage businesses in rural areas that minimally impact productive agricultural, forest, or mineral resource land. CONCLUSIONS 1. The amendments to the zoning code are the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Amendments to the Whatcom County Code are hereby adopted as shown on Exhibit A. ADOPTED this day of , 2017. WHATCOM COUNTY COUNCIL Lyw:I-" Irole] aKK011J►Ilr' I&TM' :Il►Eft to] ►1 ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor M Barry Buchanan, Chairperson ( ) Approved ( ) Denied Jack Louws, Executive Date: 233 EXHIBIT A Whatcom County Code Title 20 Zoning FAM4011OU140ki Chapter 20.40 AGRICULTURE (AG) DISTRICT 20.40.150 Conditional Uses. 165 Commercial kennels as identified in WCC 20.97,191 which shall be.located, desi ned and o erated so as not to interfere with the overall a ricultural character 0.......... _,_.................._.. p.. _...._ .....................................................................................................................................................................................................................q..................................................................._................_......... of the area, provided the following criteria are ,met: ................... Th_e_._use_s_h_a_I_Ibe..._ona.,.,,.p_a_rc.q.1-filye,,,,a,c„r,,,eso,rless,,,,i,n„_siz_e,,,,but,,,_not,,,_I.ess_,th a,none acre in size. No_kennel building _oroutdoor animal, sgaceshall be„located within 50 _feet of_an,y„_property,__li_ne,and or within ,300feet of any existing, dwelling other than those onthe _rro_perty. The distance to a dwellingshall be measured as the shortest _straig_ht_line _distance from,,,_the,,,closest,,,point„_of_a,,,dwellinc ,__structure or fence used for kennel.., _................_AIl_fa_ci_I_i.tie_s _associated„_with_,the, ken_nel,,u_se,,.,_i,nclu,d,i,ng.butnot,,,_lim(t.e.cl to p.arki_n_q_„a.n_d._on.-site, septic s_ystems,, _s_h l_Ib,e,,,c_onta,ined_,_o,n„ th_e,,same parcel, -C4_), The buildi�,�s)_and associated facilities „shall, to the extent feasible, be located,_to_ avoid interference.._with „ the a_q_ricU_Itural__use..,_ ofth,e__.pro.r)ertv._a„nd surrou_nd_in_q_properties., iv_5.�................... I_n_a_d_d_it i_o_n__to.._the.._re.q_u..._i_re_m_ents,.,o f, W_CC..._2.0_..84,, 2. 2 Qt_h e_,.,H_ea_r,i_n„gExa_m.i_ne,r sh,a,l,i,,,_c,onsi.d_er.._t_h_e..._fol_l_o_win..g...._whe_n...._rev_i_e....w_i_n..g...._a..__.c....o_n..._d..i_t.io_n_a_1...._u_s_e........perm_i_t a a 234 a..____Hours„w_hen_.a_n_ima_lsare to be kept indoors,. b,.Sound _„a._b_atin_q bui..I..dinci o rS_c_r.,e e_ni,nqmaterials, _.._,_,_, ,,,__ .-,.........Max.j m.um...-n.um_berof.a n'maand,. , ....................... suaI,Scre nincinciudinbutnol....................ied to Iandsca __,___�......................................................... �____,,,_______pi_n and fencing._ 235 File # PLN 2016-00002 August 30, 2016 Kennels in Agriculture Zoning Amendment Staff Report Whatcom County Planning & Development Services Staff Report Kennels in Agriculture Zoning Code Amendment I. BACKGROUND INFORMATION File # PLN2016-00002 File Name: Title 20 Zoning Code Amendments - Kennels in Agriculture District Applicants: Ken and Charmae Scheffer Summary of Request: Amend Whatcom County Code Title 20 Zoning to list kennels as conditional uses in the Agriculture (AG) district. Location: County -wide. Staff Recommendation: If approved, the use should be conditional and limited to parcels under 5 acres in size, with additional requirements. History The applicants operate a kennel at 6451 Hannegan Road, in the Agriculture zone. A kennel, which is defined as "a commercial establishment in which five or more dogs, cats, of other household pets are housed, groomed, bred, boarded, trained or sold for a fee or compensation," (WCC 20.97.191) is not a permitted or conditional use in that zone. PDS has received complaints about barking dog noise coming from the kennel use and cited the applicants for zoning and building code violations connected with the use and new buildings constructed without permits. The applicants continue to operate the kennel in violation of County code and have been charged substantial fines. If their request for a zoning code amendment is adopted, the applicants will be required to obtain a conditional use permit and satisfy all other code requirements before the use can be operated in compliance with County Code. Page 1 of 4 236 File # PLN 2016-00002 August 30, 2016 Kennels in Agriculture Zoning Amendment Staff Report II. ZONING CODE AMENDMENT The applicants request that WCC Chapter 20.40 be amended to include kennels as a condi.ti.ona1. use on lots cmallnar t1.han five acres (cac nH-nrhed annlirat innl Pr�C had ,.. PPl ). drafted a code amendment (attached) consistent with the applicant's request with the addition of several criteria aimed at minimizing impacts to surrounding residents, and avoiding displacement of agricultural uses. The amendment would make kennels a conditional use in the Agriculture zone. Each proposed kennel use - including the one owned by the applicants - would be subject to the conditional use process, requiring notice to surrounding property owners and a public hearing before the Hearing Examiner. Under a conditional use process, an application for a kennel use could be approved subject to conditions (such as measures to mitigate noise or traffic), or denied. Currently in Whatcom County kennels are conditional uses in the Rural, Rural General Commercial, Small Town Commercial, and Rural Forestry zones, except in the Lake Whatcom and Water Resource Protection Overlay Districts, where they are prohibited. Kennels accessory to veterinary offices are permitted uses in the Small Town Commercial and Rural Industrial Manufacturing zones, except in the water protection overlays. Residential density is typically much lower in the Agriculture zones than in Rural and Small Town Commercial zones, so there is - theoretically at least - less potential for noise to impact neighboring residents in Agriculture zones. With the conditional use permit requirement, surrounding residents have the opportunity to review and provide input on proposed kennel uses. Staff's two foremost concerns are farmland preservation and adverse impacts to surrounding residents. The draft amendment prepared by PDS staff based on the application would require that the use be on lots smaller than five acres (as suggested) but larger than one acre. This would minimize non -farm use of agricultural land while allowing adequate room for accessory facilities such as parking and on -site -septic systems. PDS proposes additional requirements aimed at minimizing displacement of agricultural land, including a requirement that all such facilities be located on the same lot as the kennel, and a requirement that the use be designed to avoid interference with agricultural use of the property or surrounding properties. To address impacts to surrounding properties, PDS has proposed minimum distances from the kennel to the property line and neighboring dwellings, as well as additional criteria the Hearing Examiner shall consider during the conditional use permit process involving noise abatement and screening. In their application the applicants point out that among the top 15 agricultural counties in Washington State, only two prohibit dog kennels in the agriculture zone: Whatcom and Benton. In 12 of those counties, kennels require a conditional, Page 2 of 4 237 File # PLN 2016-00002 Kennels in Agriculture Zoning Amendment August 30, 2016 Staff Report administrative, or other special use permit process. PDS has reviewed those counties' requirements and has incorporated into the draft amendments several of their provisions addressing preservation of agriculture uses and minimizing impacts to Burro, inning recirlentc Few example, the prnpncgnA Ir)n_fnot cparing requirement to surrounding dwellings is the same spacing Spokane County uses, and is consistent with Whatcom County's current residential spacing from "farm uses such as barns, pens, milking sheds, packinghouses and slaughterhouses, or areas used to contain, house or feed animals or store manure or feed" (WCC 20.80.255) and from marijuana production and processing facilities (WCC 20.40.059). III. COMPREHENSIVE PLAN EVALUATION The Comprehensive Plan, as amended in August 2016, contains policies that support both farmland preservation and rural economic activity. Policy 8A-1: Conserve productive agricultural lands and agricultural resource lands, including areas with prime soils that are not now zoned agriculture, or where the area is composed of agricultural operations that have historically been and continue to be economically viable, by developing and implementing a long range strategy. The planning horizon should be twenty years in the short-term and 100 years in the long-term. Policy 8A-5: Discourage conversion of productive agricultural land to incompatible non- agricultural uses. Policy 7K-1: Support small and cottage businesses in rural areas that minimally impact productive agricultural, forest, or mineral resource land. While Policy 7K-1 refers to "rural" areas, the wording of the policy indicates it may be a general reference to non -urban areas including resource lands, rather than applying strictly to the "Rural" Comprehensive Plan designation. With the proposed restrictions on lot size and location of accessory facilities, the draft amendment can be consistent with discouraging conversion of agricultural land and supporting rural small business. IV. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION Staff recommends the Planning Commission adopt the following findings of fact and reasons for action: 1. The applicant has submitted an application for amendments to WCC Title 20 Zoning to list commercial kennels as a conditional use in the Agriculture zoning district. Page 3 of 4 238 File # PLN 2016-00002 August 30, 2016 Kennels in Agriculture Zoning Amendment Staff Report 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on August 26, 2016. Nntira of the Si ibieCt amendment was suhmltted to the Washington State Department of Commerce on August 2, 2016. 4. Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on August 26, 2016. 5. The Planning Commission held a public hearing on the proposed amendments on September 8, 2016. 6. Comprehensive Plan Policy 8A-1 supports conserving productive agricultural lands and agricultural resource lands, including areas with prime soils that are not now zoned agriculture, or where the area is composed of agricultural operations that have historically been and continue to be economically viable. 7. Comprehensive Plan Policy 8A-5 discourages conversion of productive agricultural land to incompatible non-agricultural uses. 8. Comprehensive Plan Policy 7K-1 supports small and cottage businesses in rural areas that minimally impact productive agricultural, forest, or mineral resource land. V. PROPOSED CONCLUSIONS 1. The amendments to the zoning code are in the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. VI. RECOMMENDATION Planning and Development Services recommends that if the Planning Commission forwards the proposed amendments to the County Council with a recommendation of approval, the amendments include the measures to avoid displacement of agriculture uses and minimize impacts to surrounding residents, as proposed in Exhibit A. ATTACHMENTS A. Exhibit A: Draft zoning code amendments B. Application Page 4of4 239 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION September 8, 2016 Reaular Meeti 1 Call To Order: The meeting was called to order, by Whatcom County Planning 2 Commission Chair, Nicole Oliver, in the Whatcom County Council Chambers. 3 4 Roll Call 5 Present: Natalie McClendon, Jerry Vekved, Nicole Oliver, Michael Knapp, Andy 6 Rowlson, Atul Deshmane 7 Absent: Gary Honcoop, Kelvin Barton 8 David Hunter arrived at 7:00 p.m. 9 10 Staff Present: Mark Personius, Gary Davis, Nick Smith, Becky Boxx 11 12 Department Update 13 14 Mark Personius updated the commission on: 15 • The County Council schedule 16 • The Planning Commission schedule 17 18 Open Session for Public Comment 19 20 There was no public comment. 21 22 Commissioner Comments 23 24 Commissioner Rowlson stated he may have a potential conflict of interest regarding 25 the issue of dog kennels in the Agricultural zone. Rover Stay Over is a client of his 26 wife. He spoke with staff regarding the issue who stated that because this is a change 27 to all agricultural areas in the county, not just one specific site, it would not be a 28 conflict of interest to participate in the proceedings. He stated he would like to 29 participate in the proceedings unless there were objections from the other 30 commissioners. 31 32 Commissioner Deshmane stated he did not have an issue with Commissioner Rowlson 33 participating. 34 35 Commissioner McClendon stated she did not have an issue with Commissioner Rowlson 36 participating. 37 38 Hearing no objections Commissioner Rowlson stated he would participate in the 39 discussion. 40 41 Approval of Minutes 42 43 July 28, 2016: Commissioner McClendon moved to approve the minutes as written. 44 Commissioner Knapp seconded. The motion carried. 45 240 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION September 8, 2016 Reqular Meetin Ira 1 August 11, 2016: Commissioner Oliver changed page 10, line 21 to read: There was 2 discussion of sketch versus site plan. Commissioner Rowlson moved to approve the 3 minutes as amended. Commissioner Vekved seconded. The motion carried. 4 Public Hearing 5 6 File #PLN2016-00002: Proposed amendments to the Whatcom County Code Title 20 7 Zoning, adding kennels as a conditional use in the Agriculture zone. 8 9 Gary Davis presented the staff report. 10 11 This application is for a legislative action that affects all lands zoned Agriculture in the 12 county. The history section of the staff report briefly explains why the applicants 13 submitted the application. The application and the hearing are not about any single 14 property. If the amendments are adopted the applicants would still be required to 15 apply for a conditional use permit in order to permit a kennel. That would require a 16 public hearing where the specific property and operation will be discussed. The Hearing 17 Examiner would make the decision whether or not to approve the permit and to add 18 any conditions. Based on the application staff has drafted a proposed amendment 19 which would place additional conditions, above the five acre maximum, on kennel 20 uses. Staff's two major concerns are impacts to surrounding property owners and the 21 preservation of agricultural land. Most of the proposed conditions have to do with 22 ensuring that the facility is contained within a small lot, does not encroach on 23 neighboring agricultural parcels and are designed so they do not interfere with 24 agricultural uses on the lot or adjacent lots. To minimize impacts to neighbors staff 25 proposes setbacks of 300 feet between a kennel and adjacent house. Listed are 26 suggested hours animals are to be kept indoors, sound proofing materials, limits on 27 maximum number of animals and visual screening. The application noted that 13 of 28 the top 15 agricultural producing counties in the state now allow kennels in the 29 agricultural zone. Most require a conditional use permit which is what is proposed here. 30 Staff researched those counties and from that borrowed a number of standards to 31 include into the proposed draft. In staff's review of the Comprehensive Plan policies 32 they found that policies from the agriculture chapter, Policies 8A-1 and 8A-5, to be 33 most applicable. Those deal with conserving productive farmland. Policy 7K-1, from the 34 Economics Chapter, supports small and cottage businesses in the rural areas that 35 minimally impact productive resource land. Staff's recommendation is that if the 36 Planning Commission finds the zoning code amendment to be in the public interest and 37 recommends approval to the County Council, that the recommendation should include 38 the additional standards such as the ones proposed in Exhibit A. Staff will then forward 39 the Planning Commission's findings and recommendations to the County Council who 40 will consider the application and make a final decision. 41 42 The hearing was opened to the public. 43 44 William Zuidmeer, Whatcom County: His family has continually farmed, off of 45 Hannegan Road, for over 117 years. His family was instrumental in clearing the land to 46 make it suitable for farming. About 20 years ago he approached the county to get 47 permission to use part of his agriculturally zoned land to build a separate residence for 241 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION September 8, 2016 ular Meetin 3 1 his family. He was told there would be no modification of the existing zoning. It was 2 understood that the agricultural land in Whatcom County would not be touched. He 3 accepted these terms, along with his family and neighbors. Not so long ago a family 4 moved into his neighborhood, put up a sign and started grooming dogs, in violation of 5 the zoning laws. The neighbors went to the county and questioned how this could be. A 6 building was then erected and a fence was put up to store vehicles. The neighbors 7 again went to the county asking how can this be. The traffic on Hannegan Road has 8 increased, the noise level has increased and again more neighbors went to the county. 9 The neighbors did not ask for this. They are essentially being robbed of their 10 homestead by a family that has shown little respect for others land rights. They have 11 no respect in following the zoning laws of our county, no respect for the building codes 12 of the county, no respect for following the proper procedures by opening a business 13 that impacts others. He asked the commission to look at the impact, both current and 14 future, that this will have on our agricultural land. Consider the loss of future property 15 values for all of the neighbors located in this area and in other areas of the county that 16 are going to be affected by this amendment. What the applicant asks for in this 17 amendment is not farming. The charts they have provided are flawed. If you look at 18 the charts you will see that Whatcom County is different than the other counties that 19 we have been compared to. 20 21 Denise Zuidmeer, Whatcom County: She lives on Central Road, close to the 22 intersection of Hannegan Road. She distributed documents for the Commission's 23 consideration. The documents compare Whatcom County to other counties regarding 24 kennels. Of the 15 comparable counties 12 of them are in eastern Washington. The 25 populations and agriculture can't be compared to Whatcom County. Also, they do not 26 have doggy day cares in eastern Washington. The county has spent the last nine 27 months developing a plan that includes retaining agricultural land. This is the first 28 thing that comes before you that will break that up. That is not acceptable. There are 29 currently 14 properties within a five mile radius of the current facility that are on Rural 30 Five that can have kennels. All of these properties are for sale. To say there is no place 31 for a dog kennel is wrong. In this whole county there are approximately 30 properties 32 that this change in law will affect. You are basically changing the law for one 33 circumstance, not the whole county. Under goal 7A they say it will foster adverse 34 private sector job base. In researching this she found that all of the kennels in the area 35 have 5-7 workers, the average age is 22 and all of them have their own family 36 members working. To say they are going to provide family wage jobs is not true. The 37 benefits of this will only go to the business owner, not an employee. Under H2, private 38 property rights will recognize the importance of the rights of the community, including 39 protecting the natural environment. Paving over agricultural land and putting up chain 40 link fences are not preserving those rights. What about the rights of private property 41 owners that have to live next to this? She lives in the county for the peace and 42 tranquility of it, not to listen to this. She also stated she had an issue with 43 Commissioner Rowlson taking part in the discussion. 44 45 Veronica Wisniewski, Whatcom County: She served on the Purchase of Development 46 Rights (PDR) committee for 11 years. This is a committee that purchases development 47 rights from farmers in order to protect large parcels of agricultural land. One of the 242 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION September 8, 2016 Regular Meeting 4 1 goals is to maintain at least 100,000 acres of farmland in order to keep farming viable. 2 One of the overarching issues is that less than 100,000 acres are designated 3 agricultural and within that zone there are many small parcels whose development will 4 contribute to the death of agriculture. Through the PDR program the county has spent 5 several million dollars in order to conserve some of those parcels in agriculture. What 6 the commission is considering, by allowing dog kennels on five acre parcels in the 7 agricultural zone, essentially contradicts the principle of maintaining large acreage in 8 the agricultural zone. This proposed usage is not related to agriculture. When they 9 considered appropriate uses for lands in the PDR program two principles always guided 10 them. They were: Was the activity related to agriculture? Is the activity an obstacle to 11 agriculture? With regard to the relationship of a dog kennel to agriculture she, in this 12 particular case, suggested dog kennels are boarding areas that provide services like 13 urban areas. They do not provide a service to agricultural areas. They have little to do 14 with animal husbandry which involves raising animals rather than boarding them. More 15 importantly, is the question of whether or not the activity is an obstacle. She has been 16 told by farmers that the increase in traffic that development brings in the agricultural 17 zone is a big obstacle and can make farming become less viable. Traffic from urban 18 zones tends to be less tolerant of the slow moving nature of farm vehicles and often 19 creates hazards. Farmers have stated this is not in keeping with the need of the 20 farming community. The proposal does not foster agriculture and is an obstacle to it. 21 There are many other areas a dog kennel can be sited. We are a country based on the 22 rule of law. The facility, in this case, has made a lot of efforts to go around the rule of 23 law. If we decide to support spot zoning we are feeding into a rigged system. That is 24 not what we want for our county. 25 26 Kathi Seaman, Skagit County: One of the reasons this issue was proposed is for 27 additional income for farmers. If that is part of it then it should be expanded to all 28 agricultural properties, not 1 to 5 acres. She would like to see it not just limited to dog 29 boarding, but it be allowed for boarding of animals, such as horses. Horse stables 30 currently are not legal in the agricultural or rural zones. 31 32 Edoh Amiran, Whatcom County: Proposed the commission turn down this suggested 33 amendment. Agricultural zoning is supposed to promote agriculture. The exceptions to 34 that are to provide a service to agriculture or to provide an opportunity to provide 35 people with agriculture that is not available to them. Boarding dogs, especially 36 overnight, is not a service to agriculture. It is possible to kennel dogs in lots of other 37 places. In a county where there a huge farms and not a lot of employment 38 opportunities a dog kennel might make sense. In our county that is not the case. 39 There are many rural zones where businesses can operate. 40 41 Eddie Escobar, Whatcom County: Told the commission he could not state who he 42 worked for even though he wanted to. He has spent years protecting our rights. He 43 works for an agency that found out that this kennel was illegal. He found out through 44 public knowledge. He is no longer a canine handler because he was the one that said 45 the kennel is illegal. Because he was a whistle blower he is no longer a canine handler. 46 He was the number one canine handler in the county. He had the most seizures of 47 anyone in the county. When he brought up the fact the kennel was illegal false 243 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION September 8, 2016 ular Meeting 5 1 accusations were made. He stated he hoped Commissioner Rowlson would recuse 2 himself. If the commission rubber stamps this he will tell everyone that when you start 3 a business don't get any permits, just go ahead and do it because the county won't do 4 anything to you. He would never lie but the applicants did. 5 6 Lisa Escobar, Whatcom County: This business has affected her family. In government 7 there should be impartiality and no preferential treatment. They require the highest 8 degree of public trust. She found it ironic that the county chooses to not enforce the 9 laws. She did not care if the people had a kennel but they should have done the 10 research before they opened in an illegal area. They have been ruled against over and 11 over. Why would the county now give them everything they want? If it was your 12 ancestors who had this land all of these generations how would you feel? Dogs need to 13 be in an environment that is more isolated. 14 15 Todd Beld, Whatcom County: He is a farmer in the county and runs the Everson 16 Livestock Auction. He was surprised this was an issue because to his way of thinking it 17 is where the kennels should be, which is where other animals are. He knows how much 18 traffic farms create, especially dairy farms. Kennels are a perfect fit for agricultural 19 areas. A lot of dairies cut off a house and five acres for residential use. With a lot of 20 farms going out of business the owners keep the house and five acres and sell off the 21 rest of the land so there are a lot of these five acre parcels out there. These small 22 acreages have no good way to generate an income. There is no type of livestock you 23 can make a living with on only five acres so the kennel business would be very 24 sustainable on these properties. 25 26 Max Perry, Whatcom County: It is difficult to make a decent living by agriculture in this 27 region. A dog kennel is as much of an agricultural use as goats, sheep, llamas, etc. I 28 agree that the neighbors are impacted by the kennel so the kennel may be better 29 suited on a larger acreage in the center. 30 31 Jaime White, Whatcom County: A lot of her work is with farmers and they have a hard 32 time making a living in this county. Whatcom County has done a great job in 33 preserving farmland. Part of that is because they allow for the division of a farmer's 34 residence, as large as three acres, so they can retire and sell their farm at a reduced 35 price to another farmer in order to continue the farming industry. This county has a lot 36 of small lots. A lot of farmers are losing their farms to the bank because of the 37 difficulty of farming in this county. Allowing kennels or other industries on these small 38 lots actually preserves farmland. Already the agricultural zone allows for cottage 39 industry and in a lot of cases it is not limited in size. This is in keeping with those 40 cottage industries. 41 42 Dannon Traxler, Whatcom County: Attorney representing the applicant. She addressed 43 the submission from Belcher, Swanson representing the neighbors opposed to the 44 proposal. She stated it seems to be more of a personal issue rather than making any 45 legal arguments. We are not here to pass judgement on her clients for past actions but 46 to determine if the proposed zoning text amendment complies with the Growth 47 Management Act (GMA). Staff has clearly laid out that it does. The applicants did go to 244 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION September 8, 2016 Regular Meeting 6 1 the county and attempted to get a permit for their business. They were told, by a 2 county staff member, that having a dog kennel constituted animal husbandry, which is 3 outright permitted in the agricultural zone. During the appeal the county never 4 disputed this fact; they only said the staff member was wrong. They are now trying to 5 come into compliance. The commission is only getting part of the history from Belcher, 6 Swanson. There is case law, in other states, which call dogs, in kennels, livestock and 7 animal husbandry. The argument from Belcher, Swanson states that the zoning text 8 amendment would be a violation of the GMA because it erodes farmland. If that were 9 true then 13 other counties in the state, that allow kennels in the agricultural zone, 10 would be in violation of the GMA. Currently outright permitted in the agricultural zone 11 are gravel bar scalping, family daycare, trails and restroom facilities, marijuana 12 production, mental health facilities, adult homes and substance abuse facilities. 13 Accessory uses allow bed and breakfasts. Conditional uses allow public facilities, 14 aircraft landing areas, cottage industries which can be anything, rendering plants, solid 15 waste facilities, wildlife animal rescue facilities, substance abuse facilities, mitigation 16 banks, restaurants subordinate to agricultural use, rock crushing and asphalt plants 17 and regional parks. The arguments against the proposal are without merit. Regarding 18 the 100,000 acres of agricultural land there are about 88,000 acres of zoned 19 agricultural land and 128,000 acres being actively farmed. There are restrictions in 20 place to limit this small parcel such as separation from surrounding activities. Any bad 21 blood that exists with the neighbors has no place here. She has talked to members of 22 the farming community and they are not opposed to this. 23 24 The hearing was closed to the public. 25 26 Work Session 27 28 Commissioner Deshmane asked staff what led them to making the proposed 29 amendment and what was the process by which this went from a single issue to 30 deciding it was necessary countywide. 31 32 Mr. Davis stated it was not staff that decided to take it countywide. There was a 33 request from the public to allow kennel use in the agricultural zone. It was staff's 34 interpretation that it did not constitute animal husbandry, therefore to proceed forward 35 there would need to be a change in the zoning code. 36 37 Commissioner Hunter stated his first reaction to this proposal was it is spot zoning. 38 The only reason it is not spot zoning is because the applicant understood that if they 39 just asked for it to apply to their property that would be spot zoning. So they have 40 made a larger request to avoid the spot zoning issue. He stated he was very troubled 41 that this applicant has been consistently engaged in unlawful behavior and now is 42 attempting to get a sanction for that by having their situation approved. He did not 43 know how he would vote on this if it were to come from somebody with a clean slate. 44 He will not support it. 45 46 Commissioner Deshmane stated he wanted to change his position regarding 47 Commissioner Rowlson's participation. He had misunderstood some things previously. 245 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION September 8, 2016 ular Meetin 7 1 Commissioner Rowlson agreed to recuse himself and left the meeting at 7:40 p.m. 2 3 Commissioner Oliver addressed the comments she heard regarding other animals such 4 as horses. What livestock is allowed in the agricultural zone? 5 6 Mr. Davis stated keeping your own animals is permitted but commercial stables that 7 board horses for others are not allowed. 8 9 Commissioner Deshmane suggested staff address the issue of boarding in the future. 10 11 Commissioner Hunter stated he is not convinced that dogs are anything like llamas, 12 sheep, etc. which are raised on farms. Keeping dogs in a kennel is not the same thing. 13 14 Commissioner Knapp agreed with Commissioner Hunter. There is also the nuisance 15 factor, such as noise, that concerned him. He would not support the proposal. 16 17 Commissioner McClendon asked if there is a right to farm ordinance which considers 18 the impacts of farm activity on the neighbors. 19 20 Mr. Davis stated there is a right to farm ordinance which, as it is worded, may be 21 broad enough to address kennels. A dog kennel would be considered a non- 22 agricultural use, an accessory use. 23 24 Commissioner Vekved stated it is hard to make comparisons between dogs and horses. 25 Horses have a historical legacy regarding use on farms. 26 27 Commissioner Hunter stated agriculture is about raising animals on your land to be 28 sold. Dog kennels are not associated with agriculture. Let's not pretend a lot of people 29 are going to be doing this. This is for one place that has been operating without the 30 sanction of law for quite some time. 31 32 Commissioner McClendon asked how the rules in the other zones, where dog kennels 33 are allowed, differ from the agricultural zone. 34 35 Mr. Davis stated that in the other zones there are not the same setbacks which are 36 being proposed here. The proposal is a little more complete in addressing the impacts 37 to surrounding property owners. 38 39 Commissioner McClendon asked if 5 acre parcels are still being carved out of 40 agricultural land. 41 42 Mr. Smith stated the minimum lot size in the agricultural zone is 40 acres but someone 43 could apply for a farmstead exemption. That is a division a land which takes out the 44 farmstead, one to three acres - it used to be up to five acres - and the remainder 45 would be used for farming. The development rights are lost on that remaining acreage. 46 246 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION September 8, 2016 Regular Meeting 8 1 Commissioner McClendon asked if there is any expectation that farmstead area would 2 allow someone to make a living or is it just supposed to be residential. 3 4 Mr. Davis stated the code does not state the expectation regarding that property. 5 Everything that is allowed in the code would still be allowed on that property there just 6 may not be enough room to economically farm it. 7 8 Commissioner Vekved stated there is plenty of others zones that are more suitably 9 zoned for this use. 10 11 Commissioner Knapp moved to recommend denial of the proposed 12 amendment. Commissioner Deshmane seconded. 13 14 Commissioner Oliver stated she would not vote in favor of the motion because a dog 15 kennel is very different from other agricultural uses. They are more appropriate in 16 urban areas. The proposal does not meet the analysis of the Comprehensive Plan. The 17 reality is that it is a tainted proposal and it is impossible to look at it any other way. 18 19 Commissioner Deshmane stated he did not want to encourage a culture of neighbor 20 turning against neighbors. 21 22 Commissioner Hunter stated he did not agree with staff's interpretation of right to 23 farm. It is anticipated that when you live in a farm area there will be farming activities, 24 smells, etc. It does not apply to other uses that may be noisy. 25 26 Roll Call Vote: Ayes — Deshmane, Hunter, Knapp, Oliver, Vekved; Nays-0; 27 Abstain — McClendon; Absent: Honcoop, Barton; Recused: Rowlson. The 28 motion carried. 29 30 Other Business 31 32 Commissioner Hunter advised the commission that he will be bringing up the issue of 33 continuing the pledge of allegiance. 34 35 The meeting was adjourned at 8:10 p.m. 36 37 Minutes prepared by Becky Boxx. 38 39 40 WHATCOM COUNTY PLANNING COMMISSION ATTEST: 41 42 43 44 45 Nicole Oliver, Chair Becky Boxx, Secretary 247 Whatcom County "' 3.E. "'Sam" Ryan Planning & Development Services q=~ Director 5280 Northwest Drive, Bellingham, WA 98226-9013eaa 360-676-6907 '' p TTY 800-833-6384 Email: PDS@whatcomcountk.us Application for Zoning Amendments Please check one of the following: Standard Map Amendment ❑ Site Specific Rezone Fv] Zoning Text Amendment Complete Sections A, 8, C, F Complete Sections A, B, D, F Complete Sections A, E, F Topic of Proposed Amendment: Commercial Kennels in the Agricultural zone as a Conditional Use. A. General Information — All applicants must complete this section. Applicant's Name: Ken and Charmae Scheffer Signature: Mailing Address: 6451 Hannegan Road, Lynden, WA 98264 Email Address: cscheffer@aol.com Home Phone #: Cell Phone #: (509)948-0690 Business Phone # 1 Agent's Name: Jaime White, Whatcom Land Use Consulting, LLC Mailing Address: PO Box 30696, Bellingham, WA 98228 Email Address: whatcomconsuit@comcast.net Business Phone #: 360-778-2334 Cell Phone #: 360-961-2489 Home Phone #: Please complete the questions below. Attach additional pages as needed. 1. Give a complete but short description of the proposed amendment. To allow Commercial Kennels as a Conditional Use in the Agricultural zone on parcels five acres or less in size, but not less than one acre in size; also provided that the criteria set for in WCC 20.84.220 are met. 2. Explain how the proposed amendment is consistent with the goals, policies, and overall intent of the Comprehensive Plan by listing specific goals or policies and explaining how the proposal complies with each of them. See attached. 3. Describe the "changed" condition(s) which support the amendment. See attached. 4 249 B. Zoning Map Amendments (Standard Map Amendments and Site Specific Rezones) 1. Property Interest of Applicant: ❑ Purchaser/Owner F]Lessee ❑ Other: Existing Comprehensive Plan Designation: Existing Zoning District: Subarea: 2. What is the proposed zoning classification? 3. What is the present use of the property or properties within the proposed rezone? 4. Describe the land use of the surrounding properties. 3 250 C. Standard Map Amendments 1. Supporting information for standard map amendments. Attach the following items: a. A vicinity map showing property lines, roads, buildings and their use, easements, existing and proposed zoning, wells and other pertinent data. b. A list of all property owners and others having a legal interest in the property covered by the proposed change. c. A list of the names and mailing addresses of the owners of all property within 300 feet (exclusive of roads and alleys). A site plan may be requested at a future date if the intended amendment is to accommodate a particular development. The applicant may wish to submit a plan at the time of application. The site plan is a scaled drawing showing approximate location of buildings, roadways, parking, drainage facilities, sanitation and water facilities, and easements. Where appropriate, the location of landscaping, buffers, common areas, and typical individual lease spaces for mobile home and recreational vehicle parks shall be included in the site plan. D. Site Specific Rezones 1. Does the proposed amendment have a substantial relationship to public health, safety, morals, general welfare or community needs? 2. Will the proposed use be serviced adequately by essential public facilities such as highways, streets, public safety and fire protection, drainage structure, refuse disposal, water and sewers, and schools; or will the persons or agencies responsible for the establishment of the proposed use be able to adequately provide any such services? Describe. 0 251 3. Is the proposal is located within an Urban Growth Area?❑Yes No (go to question #14) a. Will the site be serviced by full urban services or be ca able of receiving urban services in time to serve the development? Yes No b� Will the prnpnsed city Imin prorhir1P rh=%1Mnpment at urban levels of density when the area is annexed into the city? Yes ❑ No c. Will the proposed site be five (5) or more acres in size? ❑ Yes ❑ No 4. Supporting information for site -specific map amendment. Attach the following items: a. A vicinity map showing property lines, roads, buildings and their use, easements, existing and proposed zoning, wells and other pertinent data. b. A conceptual site plan drawn at not less than one (1) inch to one -hundred (100), unless mutually agreed to by the proponent and administrative official, including, but not be limited to: 1. General location of structures. 2. Location and number of access points. 3. Approximate gross floor area of structures. 4. Name of the proposal. 5. Identification of areas requiring special treatment due to their sensitive nature. 6. North directional arrow. 7. Names and location of all public streets or roads bordering the site. 8. General legal description(s) for the site. c. Concurrent submittal of a Discretionary Development Permit or Building Permit, if required for the project. NOTE: If the project does not require a Discretionary Development Permit or Building Permit or will be constructed in phases, then a narrative statement must be submitted with the conceptual site plan that provides a detailed description of the project proposal and a project completion date. If the project will be constructed in phases provide start and completion dates for each phase and include a final completion date for the entire proposed project. d. A list of all property owners and others having a legal interest in the property covered by the proposed change. e. Evidence that all property owners within the proposed rezone boundary concur with the rezone and project proposal. 5 252 f. Mailing labels with names and mailing addresses of the owners of all property included within the area proposed for re -designation and: For a map amendment within an existing urban growth area, mailing labels with the typed address of each property owner within 300 feet of the external boundaries of the subject property as shown by the records of the county assessor. • For a map amendment outside existing urban growth areas, mailing labels with the typed address of each property owner within 1,000 feet of the external boundaries of the subject property as shown by the records of the county assessor. For map amendments that involve rezoning property to an Airport Operations District, mailing labels with the typed address of each property owner within 1,500 feet of the external boundaries of the subject property as shown by the records of the county assessor. g. A completed Environmental Checklist. E. Zoning Text Amendments Are there any other circumstances that justify the proposed change? See attached. F. Authorization: re of Applicant(s) o//�� r Agent: VW-A' A, lh Date: !zZ 30 Date: Date: 1.1 253 Ken & Charmae Scheffer Text Amendment Commercial Kennels in the Agriculture zone 2. Explain how the proposed amendment is consistent with the goals, policies, and overall intent of the Comprehensive Plan by listing specific goals or policies and explaining how the proposal complies with each of them. The proposal is consistent with the following general and specific goals and policies of the Comprehensive Plan as described below: Goal 2H: Preserve private property rights while recognizing the importance of the rights of the community, including protecting the natural environment and conserving resources. • Approving the Text Amendment to allow Commercial Kennels as a Conditional Use in the Agriculture zone preserves private property rights by allowing greater flexibility in uses of property, while still protecting the natural environment and conserving resources. Goal 7A: Promote a healthy economy which provides ample opportunity for family -wage jobs for diverse segments of the community is essential to the quality of life in the area. Policy 7A-2: Foster a diverse, private -sector Job base, which will provide family wage jobs at the state median income level or greater, and facilitate the retention and expansion of existing businesses. • Approval of the Text Amendment to conditionally allow Commercial Kennels in the Agriculture zone helps to promote a healthy economy by providing more opportunities for family -wage jobs and to facilitates the retention and expansion of existing businesses in Whatcom County. 254 Ken & Charmae Scheffer Text Amendment Commercial Kennels in the Agriculture zone Policy 7A-3: Employ innovating techniques to attract a mix of diversified industries for a broader economic base. • Conditionally allowing Commercial Kennels in the Agriculture zone, on smaller parcel sizes allows for diversified industries for a broader economic base. Policy 7A-4: In addition to stimulating family -wage jobs and jobs in diverse sectors, plan for service -related jobs such as those necessary to support tourism, recreation, and retailing as well as those that relate to industry. • Approval of the Text Amendment conditionally allowing Commercial Kennels in the Agriculture zone will help to stimulate family -wage jobs and provide for service -related jobs caring for and housing family pets for Whatcom County residents. Goal 713: Consistent with other goals of the county, strive for balanced, clear, and predictable overall policies, practices and regulations which do not unnecessarily or inadvertently prevent, confuse, delay or create costly hurdles restricting effective and desireable economic development. • Approving the Text Amendment listing Commercial Kennels in the Agriculture zone as a conditional use will help to clarify practices and regulations to allow a use in similar in nature to other uses approved as "Cottage Industries". This will help to not restrict effective and desireable economic development. Policy 7D-9: Create options for greater flexibility in the regulatory and development review process. • Approving the Text Amendment will allow for greater flexibility in the development review process by allowing the use of Commercial Kennels as a Conditional Use, which is similar to other uses that are also allowed as "Cottage Industries" in the Agriculture zone. 255 Kei i & Charmae Scheffer Text Amendment Commercial Kennels in the Agriculture zone Policy 7F-1: Support existing local businesses as the major contributors of job creation and regeneration and afford them every opportunity to continue their success in the community. Policy 73-1: Support creation of job opportunities for local residents, especially family wage jobs to decrease unemployment and underemployment. • Approving the proposed Text Amendment to conditionally allow Commercial Kennels in the Agriculture zone will help to support many existing Commercial Kennel businesses, which provide job creation and regeneration. Allowing a legislative path for these businesses to be permitted will afford them the opportunity to continue their success in the community, which will provide for family wage jobs to help decrease unemployment and underemployment. Goal 7K: Enable a geographic balance for economic growth within the capacities of the county's natural resources, natural systems, public services, and public facilities. • Approving the proposed Text Amendment to conditionally allow Commercial Kennels in the Agriculture zone will allow for a service related industry and economic growth to be located in the rural/agricultural areas and communities in which they serve. Goal SC: Preserve and enhance the cultural heritage that is related to agriculture. • The practice of farming to many Whatcom County farm operators is a cultural heritage that has been passed down through generations. However, according to the 2012 Census of Agriculture, farming is not the primary occupation of the majority of Principal farm operators in Whatcom County. This means that many Principal farm operators continue to farm, but supplement income by other means. Approving the Text Amendment to allow Commercial 256 I i & Charmae Scheffer Text Amendment Commercial Kennels in the Agriculture zone Kennels in the Agricultural zone will provide additional opportunities for farmers to supplement income so to encourage continued F-. .J a.4... I I k—;+- no ro1�1-0 1-n nrirU Iture farming Ilia Ig and the cultural 1 lci Rage related o a,, .�...i Policy 8C-4: Support the continuation of owner occupied/family owned farms. « As described above, the majority of Whatcom County Principal farm operators list their primary occupation as something other than farming (USDA, 2012 Census of Agriculture). This means that Principal farm operators supplement farm income with other means. Approving the Text Amendment conditionally allowing Commercial Kennels in the Agriculture zone will provide a mechanism for farmers to help supplement farm income, which will encourage the continuation of owner occupied/family owned farms. 3. Describe the "changed" condition(s) which support the amendment. The current Whatcom County Code that governs Divisions or Modification of Parcels in the Agriculture zone was adopted in 2013 to allow divisions of land to benefit the long term viability of agriculture. Pursuant to WCC 20.40.250, retiring farmers or farm land owners may separate their home from the farm, creating more affordable farm land pricing and allowing retiring farmers to remain in their existing residences. As such, there are many parcels in the Agricultural zone that are less than five acres in size, and under current county code provisions many less than three acres in size. With the exception of small hobby farms or very specialized crops that do not take up much land area, land owners of small sized Agriculture zoned lots or farmers who retire from farming are severely restricted in uses allowed on their property. Additionally, under the provisions of WCC 20.40.253(4) many vacant or unused agricultural structures (barns, milking parlors etc.) remain with the homesite and not the farm. 257 Ken & Charmae Scheffer Text Amendment Commercial Kennels in the Agriculture zone Approving the proposed Text Amendment allowing Commercial Kennels as a Conditional Use will therefore provide for additional income opportunities for Whatcom County residents that live on these small lots in the Agricultural zone. Further, retiring farmers or purchasers of these small farmstead homesite parcels who retain unused agricultural structures (such as barns or loafing sheds) will be afforded additional flexibility to utilize these buildings for income generating uses such as Commercial Kennels, while having very little to no impact on surrounding properties and agricultural lands. E. Zoning Text Amendments Are there any other circumstances that justify the proposed change? Allowing Commercial Kennels in the Agricultural zone is in keeping with what most agricultural counties in Washington State also allow. Of the top 15 agricultural producing counties in Washington State (according to the Washington State Department of Agriculture 2012 Census) 13 of these counties also allow Commercial Kennels as a Permitted, Administrative or Conditional Uses in the Agriculture zone (see attached list). Whatcom County is currently one of only two top agricultural producing counties that do not allow Commercial Kennels in the Agriculture zone. Approval of the proposed Text Amendment conditionally allowing Commercial Kennels in the Agriculture zone will be consistent with the vast majority of agricultural producing counties in Washington State. Additionally, allowing for Commercial Kennels to be listed as a Conditional Use in the Agriculture zone is in keeping with other uses that have been approved as a "Cottage Industry" in the Agriculture zone. Examples of recent Cottage Industries approved in Whatcom County in the Agriculture zone have included Wedding venues and Autobody repair and maintenance. Commercial Kennels are similar in nature to these types of approved uses, and are not more impactive on surrounding properties or agricultural lands, particularly with the proposed parcel size limitations. 258 Kennels in Agricultural Zones of top 15 agricultural producing counties in Washington* * From 2012 Census of Agriculture, USDA. (Listed in order of highest producing to lowest producing.) Ct�urt#. 1w� ; .e sf i�rrnit.i!>qui rec , Authorizing code 1. Grant County Y Conditional Use Permit GCC 23.56.040 2. Yakima County Y Type 2 Permit - Administrative Decision 3. Benton County N Chapter 14.05 BCC 4. Franklin County Y Conditional Use Permit FCC 17.10.040 FCC 17.12.040 5. Walla Walla County Y Conditional Use Permit 6. Adams County Y Permitted Use ACC 17.08.040 7. Whitman County Y Administrative or Conditional Use Permit WCC 19.10.090.K 8. Whatcom County N 9. Okanogan County Y Conditional Use Permit OCC 17.21 Use Chart OCC 17.33.140 10. Skagit County Y Special Use/Hearing Examiner SCC 14.16.400(4)(f) 11. Chalan County Y Conditional Use Permit CCC 11.04.020 12. Douglas County Y Conditional Use Permit DCC 18.18.250 13. Lincoln County Y Conditional Use Permit LCC 17.02.060.K 14. Spokane County Y Conditional Use Permit SCC 14.616.200 SCC 14.616.240.10 15. Snohomish County Y Conditional Use Permit SCC 30.22.110 259 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 41 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Weimer 1/4/2017 1/10/2017 Introduction 1/24/2017 Planning & Division Head: Public Hearing Dept. Head: C Prosecutor: i PurcI in /Bard et: Executive: TITLE OF DOCUMENT. Ord for Procedures to Process Development Permit Apps and to Promote Finanlity 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.) Ordinance providing local procedures to process development permit applications efficiently and to promote finality of decisions COMMITTEE ACTION: COUNCIL ACTION.• 1/10/2017: Amended and Introduced 6-0, Sidhu absent 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. N111 PROPOSED BY: INTRODUCTION DATE: 1/10/2017 ORDINANCE NO. PROVIDING LOCAL PROCEDURES TO PROCESS DEVELOPMENT PERMIT APPLICATIONS EFFICIENTLY AND TO PROMOTE FINALITY OF DECISIONS WHEREAS, the State Environmental Policy Act (SEPA), RCW Chapter 43.17 and WAC Chapter 197-11, authorize local agencies to enact and implement local agency procedures to carry out the requirements of SEPA; and WHEREAS, WAC 197-11-030(2)(b) requires that agencies implementing SEPA, including Whatcom County, find ways to make the SEPA process more useful to decision makers and the public, and reduce paperwork and the accumulation of extraneous data; and WHEREAS, projects involving an environmental impact statement (EIS) under SEPA require the County to prepare the EIS and conduct integral public processes, including the maintenance of public records and response to inquiries and comments from the applicant, agencies, tribes and the public until a final decision is made on the underlying application; and WHEREAS, this type of extended application review process generates high transaction and personnel costs to county government which cannot be recaptured, despite the fact that applicants pay for outside consultants to prepare an EIS; and WHEREAS, there are circumstances during the permit review process where it is possible for the County to determine, prior to completion of the EIS, that a project has been denied by other local, state, or federal agencies, on grounds independent of SEPA and therefore are not dependent on completion of the County's EIS; and WHEREAS, the county code presently does not have an explicit process for denial of these projects already disapproved by other agencies, which are in the midst of a County SEPA EIS process; and WHEREAS, allowing applications for projects with unfinished SEPA EIS processes to remain in the County permit review system without a clear and defined ending point is a significant financial burden on the taxpayers and county government, does not promote finality of land use decisions, and creates significant uncertainty in the permitting process for the applicant, other agencies, tribes, and the general public; and WHEREAS, the burden on the public health, safety, and welfare is great when projects remain unresolved in the County permit review system but have been denied by other agencies and therefore will not proceed, based on grounds unrelated to completion of the County's SEPA EIS; and WHEREAS, a number of other local governments around the state, including Snohomish County and Island County, have similar provisions in code; and WHEREAS, the Whatcom County Council finds that it is in the best interest of the citizens of Whatcom County and the general public health, safety and welfare to provide for finality of decisions and a clear and meaningful ending point for projects languishing in the permitting process; Page 1 of 3 261 NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts the above "WHEREAS" recitals as findings of fact in support of this action. BE IT FURTHER ORDAINED that this amendment is categorically exempt from the procedural requirements of SEPA under WAC 197-11-800 (19) (c). BE IT FINALLY ORDAINED that Whatcom County Code Chapter 16.08 is hereby amended to add Section 16.08.157, Denial without environmental impact statement (EIS), as outlined in Exhihit A to this ordinance. ADOPTED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Barry Buchanan, Clerk of the Council Council Chair APPROVED AS TO FO WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON 4 Civil Deputy Prosecutor Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: Page 2 of 3 262 EXHIBIT A (LOCAL PROCEDURES TO PROCESS DEVELOPMENT PERMIT APPLICATIONS) WCC 16.08.157 Denial without environmental impact statement (EIS). 1) When there are grounds independent of SEPA that merit denial of a proposal that is undergoing preparation of a SEPA environmental impact statement (EIS), whether ongoing or postponed by the applicant, the County shall deny the application(s) related to the proposal, following receipt of a recommendation of denial from the Responsible Official, if the following requirements are met: (a) the proposal is one for which the Responsible Official has issued a Determination of Significance or an early notice of the likelihood of a Determination of Significance; and (b) continued preparation or completion of the EIS is no longer justified because either: (i) the applicant has applied for a rezone for which there is a direct conflict with an express limitation adopted in a county plan, policy or regulation, which conflict could not be mitigated through measures identified in an EIS• or (ii) prior to completion of the EIS, the applicant has received a denial of a necessary_ permit or other authorization by another federal, state or local agency with jurisdiction on grounds independent of SEPA, without which the project cannot go forward. (2) Any denial or recommendation of denial shall be supported by express written findings or conclusions in conformance with subsection (1). (3) Procedure. The following is applicable to any project proposal for which an EIS has been required: (a) When the Responsible Official determines that the requirements of subsection (1) are met, within 30 days he or she shall issue a recommendation of denial and set a hearing before the hearing examiner pursuant to WCC Chapter 20.92. The recommendation shall provide proposed written findings and conclusions to the hearing examiner demonstrating how the provisions of subsection (1) are met. (b) The examiner shall hold an open record hearing pursuant to WCC Chapter 20.92 and issue a decision, with findings and conclusions, on whether an order of denial should be entered pursuant to this section. ,(c) The decision of the hearing examiner shall be a final decision appealable to the County Council pursuant to WCC 20.92.600 et seq. (4) SEPA Compliance. Any denial under this section does not constitute a separate action requiring a new threshold determination. Page 3 of 3 MW 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 Special Committee of the Whole July 5, 2016 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 9:30 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: None. PUBLIC COMMENT 1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON THE FOLLOWING WHATCOM COUNTY COMPREHENSIVE PLAN CHAPTERS: CHAPTER 1, GROWTH PROJECTIONS (A2016-047A); CHAPTER 2, LAND USE (AB2016-047B); CHAPTER 4, CAPITAL FACILITIES (AB2016-047D); CHAPTER 8, RESOURCE LANDS (AB2016-017H); CHAPTER 11, ENVIRONMENT (AB2016- 047K); APPENDICES (AB2016-047L) Pam Brady, BP Cherry Point Refinery, submitted a handout (on file) and stated proposals to Chapter 2 regarding Cherry Point will have negative impacts. Limiting fossil fuel exports will limit competitiveness and reduce jobs. The public hasn't had enough time to consider and respond to the new proposals. Reject the proposal. John Mutchler, Ferndale Mayor, stated he is opposed to proposed changes to Chapter 2 regarding Cherry Point. The Planning Commission must consider such a substantive change, and there must be an environmental impact statement. The policy is a regulatory taking. The regulations in the County Code would be superseded by this. Cherry Point is necessary to the economy of Ferndale. Steve Mrazek, BP Cherry Point Refinery Environmental Superintendent, stated the new policy proposed for Chapter 2 prohibits, impairs, and impedes expansion and upgrades at the refinery. The last three expansions and upgrades responded to federal mandates to improve air quality and protect human health. Not all expansions and upgrades are harmful to the environment. Expansions and upgrades result in millions of dollars in investment in jobs to the community. Don't preclude environmentally- and economically -beneficial projects. They understand their responsibility to protect the environment when conducting business. Brad Owens, Northwest Jobs Alliance President, stated the recent proposals to change Chapter 2 regarding Cherry Point haven't had proper legal or Planning Commission review to 264 Special Committee of the Whole, 7/5/2016, 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. make sure they're consistent with the Comprehensive Plan and other regulatory documents. It will kill jobs. Refer this to the Planning Commission for further review. Todd Taylor, Northwest Washington Building and Construction Trades Council Executive Secretary, stated the impact of the policy changes to Chapter 2 regarding Cherry Point will be detrimental to union members and the community. The public hasn't had adequate time to review, consider, and provide feedback on the proposals. Refer this to the Planning Commission for further review. Kent Murray stated he is an employee of BP Cherry Point Refinery. He drives an electric car. Their corporate culture is to maintain clean air, water, and land. Reconsider the proposed changes. Tony Larson, Whatcom Business Alliance President, stated the cost of housing is too expensive given the median income in Whatcom County. The proposed changes to Chapter 2 regarding Cherry Point stop existing companies from expanding. They also stop development of future businesses. County staff is prohibited from issuing permits for any facility, which could mean anything, including the development of clean industry that does not require access to a dock or the water. Any new potential manufacturer would not be permitted. This will exacerbate the perception that Whatcom County is not a good place to do business. Reject the proposals, or give them more time to consider the proposals. Bob Aegerter, Sierra Club Mt. Baker, submitted a handout (on file). He stated the proposal to amend Chapter 2 regarding Cherry Point seems to be intended to correct the zoning at Cherry Point. He supports the proposal. Take more time to look at the proposal. Chris Colon stated he is an employee at the BP Cherry Point Refinery. He has concerns about the proposed changes to Chapter 2 regarding Cherry Point. Don't limit the businesses at Cherry Point. The community will be drastically impacted. Alex Ramel stated he supports the proposed amendments to Chapter 2 regarding Cherry Point. The fourth pier at Cherry Point will never be built. The County's documents should reflect that truth. Exporting raw materials is bad for jobs and creates risks for spills, train derailments, pipeline ruptures, pollution, and explosions. There is no reward to Whatcom County. The community has created a sustained movement of people who are very concerned about fossil fuel exports through their homes. The proposal doesn't threaten existing jobs. Jeff Chalfant, BP Cherry Point Refinery Crude Unit Superintendent, stated the proposed changes to Chapter 2 regarding Cherry Point are concerning. They threaten the future of the refinery and related businesses. Cherry Point was identified as an area of industrial development decades ago. Development has been done in an environmentally safe and responsible manner. Consider the importance of Cherry Point jobs and how the industries have been managed over the years. Allow full public participation in this decision. Matt Krogh stated he supports the proposed amendments to Chapter 2 regarding Cherry Point, which insure that remaining land supports the County's prosperity during the transition to a clean economy by preventing expanded fossil fuel infrastructure. If the export of crude oil is allowed and expanded, refineries will ship crude oil to offshore refineries, and local jobs will be lost. The world is transitioning to cleaner energy sources. The proposed Special Committee of the Whole, 7/5/2016, Page 2 265 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. changes will make Whatcom County benefit from a clean energy economy and affirms County policy to support the three existing piers at Cherry Point. Development of a fourth pier is no longer a reality. Michael Nesteroff, attorney representing Petrogas West, LLC , submitted a handout (on file). The proposed revisions to Chapter 2 regarding Cherry Point violate the Growth Management Act and Shoreline Management Plan. He read from the handout. Karlee Deatherage, ReSources for Sustainable Communities, stated she supports the proposed changes to Chapter 2 and the narrative language regarding water. Regarding Chapters 8 and 11 retain language so they do not extend this update process. Rick Poitras, Pacific Northwest Regional Council of Carpenters, stated reject the proposed changes to Chapter 2 regarding Cherry Point. They have not gone through the Planning Commission. The businesses at Cherry Point provide good jobs to the community. There needs to be legal review of constitutionality in terms of commerce and trade. Lynn Murphy, Puget Sound Energy, stated she is concerned about the proposed amendments to Chapter 2 regarding Cherry Point. Puget Sound Energy owns facilities at Cherry Point that generate electricity for the area, as well as several other facilities around the county. Consider any processes that make permitting onerous or difficult and that could negatively impact future battery projects at Cherry Point. Theresa Sygitowicz stated reject the amendments to Chapters 2, 8, and 11, and send them to the Planning Commission. The assumptions are in error and the data would supersede state and federal laws. Make sure all the well owners are notified. Hold public hearings outside this office. Pam Borso stated she supports the proposed amendments to Chapter 2 regarding Cherry Point. Transition to renewable energy. Current jobs won't be affected. Consider the rights of the Lummi Nation. She supports the new Aquatic Lands section. Amend references from agricultural nutrients to manure, which contains pollutants as well as nutritive value. Include regulations as well as incentives. Impacts from climate change aren't "potential." If farmers are using water illegally, it is their responsibility to find legal solutions. Don't allow illegal uses of water. Sylvia Goodwin stated keep the record open today and give people more time to consider and comment on proposed changes to Chapter 2 regarding Cherry Point. She is concerned about the revision 12 on Council packet page 373, which is too broad in preventing the expansion of any new or existing infrastructure. Get a legal opinion on policies that prohibit expansion of oil or fuel distribution outside this state. Aviation fuel produced at Cherry Point goes to Portland International Airport and SeaTac now. If implemented, that can't continue. Whatcom County doesn't want a reputation in the economic development community that it prevents business expansion. Also, there is already good language about consulting with the Lummi Nation on archaeological issues. There is no need to blanket prohibit facilities for clean manufacturing. Edward Ury stated he supports the proposed amendments to Chapter 2 regarding Cherry Point. They are consistent with existing State and federal laws and regulations, the 266 Special Committee of the Whole, 7/5/2016, 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. intent of the Growth Management Act, and recent rulings. They will not hinder existing industry at Cherry Point. Sandy Robson stated she supports the proposed changes to Chapter 2 regarding Cherry Point. She referenced a letter with suggested changes she sent to the Council. BP Cherry Point refinery wastewater treatment facility occasionally produces a very foul odor. The industry impacts people who live in the area. Chris Johnson, Labor Local 292 and Northwest Washington Central Labor Council Vice - President, stated he is opposed to the proposed amendments to Chapter 2 regarding Cherry Point. Give people adequate time to review and comment on the proposed changes. Kathy Watson, Ferndale City Council Member, stated the language in the proposed amendments to Chapter 2 regarding Cherry Point is too broad. Include scientific references. Requiring the Prosecutor to provide twice weekly reports on Cherry Point seems unnecessary. She is concerned about existing businesses. They need a balance between protecting business and the environment. Jeff Callender, Phillips 66, stated they are proud of their business and are good stewards of the environment. There may be unintended consequences from the proposed amendments to Chapter 2 regarding Cherry Point. They must be able to be flexible to market changes. Allow sufficient time to consider proposed amendments. Brooks Anderson stated she supports the proposed amendments to Chapter 2 regarding Cherry Point. The existing industry won't be impacted. Katie Boczek stated allow more time to consider and review the proposed changes to Chapter 2 at Cherry Point. Everyone must work together to make Whatcom County great. COMPREHENSIVE PLAN CHAPTER 2, LAND USE 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 2, LAND USE (AB2016-047B) Mann thanked everyone for attending and commenting. He encouraged people to be specific in their comments if the Council decides to allow more comment time, especially regarding impacts to existing operations and businesses. Brenner stated this should go to the Planning Commission. They must do a better job involving the industries that may be impacted. Businesses must be able to grow and change to survive. Donovan stated the Council has not been able to talk about this until the Army Corps of Engineers and State made their decisions a few weeks ago. There was no intent to hold this until the last minute. Delay this decision and spend more time on it. If possible, separate it from the Comprehensive Plan process. Sidhu stated this is a process of adjusting to change. It's not useful to take things to the extreme. BP is no longer owned by British Petroleum. Petroleum is not the only option Special Committee of the Whole, 7/5/2016, Page 4 267 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. for energy. A transition to other energy sources will take time, especially if they resist it. The petroleum industry should not remain stagnant, but should consider change. He does not intend to shut down the industry. Take more time to consider the unintended consequences. The councilmembers have open minds and appreciate all points of view. Buchanan stated they need more time to consider the proposals. Browne stated they must make thoughtful and informed decisions. Any changes regarding Cherry Point will have an impact to those businesses. Recognize the business relationships that exist among all the businesses. Shifting production volumes will have regional economic impacts. He respects environmental concerns, but don't shift production of fossil fuels to developing nations with weaker environmental regulations. Consider fiscal impacts. The Council can amend the Comprehensive Plan at any time, so there's no urgency to get this done soon. The proper thing to do is to send this to the Planning Commission to run it through all the normal processes. Weimer moved to hold consideration until at least the next meeting on July 12, to allow people and staff to consider changes and express concerns. The motion was seconded. Brenner stated she is opposed to the motion. It should go through the Planning Commission and regular Comprehensive Plan process. The councilmembers discussed the schedule and the proper process for moving forward. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Brenner (1) (Clerk's Note: The Committee took a break from 11:30 to 11:40 a.m.) COMPREHENSIVE PLAN CHAPTERS, RESOURCE LANDS 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTERS, RESOURCE LANDS (AB2016-047H) Brenner moved to amend Comprehensive Plan page 8-12, to create a new policy, "8C-5: Develop and support more programs to promote ag-tourism and ag-education to increase public awareness of the nutritional and economic value of agriculture and quality food production." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Special Committee of the Whole, 7/5/2016, 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. Brenner moved to amend Comprehensive Plan page 8-14, Policy 8D-7, "^"aintain an,, enhance Help resolve conflicts associated with maintaining and enhancing fish habitat and the necessary drainage work that is annually done by agricultural drainage districts, watershed improvement districts, and landowners." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Sidhu moved to amend Comprehensive Plan page 8-15, Policy 8E-6, "Encourage the maintenance and operation of drainage systems such that t#e actual and potential habitat and water quality impacts from such systems are minimized and agricultural uses remain viable." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 8-15 to create a new policy, "8E-10: Develop and implement education and incentive programs that encourage agriculture land owners to take steps to improve habitat of threatened and endangered species." The motion was seconded The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 8-15 to create a new policy, "8E-11: Support the Department of Agriculture in improving practices that avoid adverse impacts to the habitat of threatened and endangered fish and wildlife species and to marine waters that support shellfish resources." The motion was seconded. Councilmembers discussed identifying State and federal agencies in general, not specifically limiting it to the Department of Agriculture, which isn't the main agency that deals with fish and wildlife issues. Brenner amended her motion to amend Comprehensive Plan page 8-15 to create a new policy, "8E-11: Support State and federal agencies the Department ef Agriculture in increasing funding improving practices that avoid adverse impacts to the habitat of threatened and endangered fish and wildlife species and to marine waters that support shellfish resources." Special Committee of the Whole, 7/5/2016, Page 6 269 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Sidhu moved to amend Comprehensive Plan page 8-15 to create a new policy, "8E- 12: While the regulation of water quality is important, the human need for production of food, fiber, shelter and energy by agricultural resource lands is equally critical." The motion was seconded. Councilmembers discussed the best place in the chapter for this kind of statement and making a new policy. Karin Baringer, Planning and Development Services Department, answered questions. Weimer suggested a friendly amendment to make it policy 8F-5 in the fish and wildlife section. Sidhu accepted the friendly amendment. Councilmembers suggested changes. Sidhu restated the motion to amend Comprehensive Plan to create a new policy in section 8F, "Recognize Wwhile regulation of water quality is important, the water hungan need for production of food, fiber, shelter and energy by agricultural resource lands is equally critical." The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Browne moved to amend Comprehensive Plan page 8-15, line 46 through page 8-16, line 3, "Agriculture uses a significant amount of water, most of which is pumped from wells or surface waters. Given the competition for scarce water supplies (addressed in Chapter 11, Environment, Water Resources), ways must be found to secure an adequate long-term water supply while Fedueing encouraging water usage conservation and improving water quality prior to it entering the waterways." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 8-20, line 41, to create a new paragraph, "Climate change has made our region vulnerable, especially in areas where there is conversion from commercial forestry to other uses that bring in more people. With more people there are increased wildfires, as well as insect infestations, and diseases. Well - managed, working forests do a better job of maintaining a healthy environment than other uses that attract more people. Commercial forests can be part of the answer to climate 270 Special Committee of the Whole, 7/5/2016, Page 7 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. change by maintaining and replanting trees to replenish oxygen levels. Timber communities can produce locally -needed wood products and lower COz. Additionally, many foresters are extremely good stewards because without trees, they wouldn't have jobs. Many of them live and work in the forest." The motion was seconded. Councilmembers discussed the scientific basis about replenishing oxygen levels and lowering COZ, that a well -managed working forest does a better job of maintaining a healthy environment than other uses, people causing insect infestation. Brenner moved to hold in Committee. The Committee concurred. (Clerk's Note: The Committee did not vote on the motion to hold in committee.) Brenner moved to amend Comprehensive Plan page 8-31, lines 24-28, "Asseemated epeFatiens, and to caFFY them out on site is eest effeetive-." The motion was seconded. Councilmembers discussed whether they include language about the negative impacts of resource lands on neighborhoods. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) Nays: Weimer (1) Brenner moved to amend Comprehensive Plan page 8-32, Goal 8K, "Ensure mineral extraction industries do not adversely affect the quality ef life On Whateeng GeHnty other properties in the vicinity, by establishing appropriate and beneficial designation and resource conservation policies, while recognizing the rights of all property owners." The motion was seconded. Councilmembers discussed whether they're worried about the property or the people who live on the property. Mann suggested a friendly amendment, "...other people and properties in the vicinity...." Brenner accepted the friendly amendment. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) Nays: Weimer (1) Special Committee of the Whole, 7/5/2016, Page 8 271 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. Brenner moved to amend Comprehensive Plan page. 8-35, Policy 8L-5, "Encourage mineral extraction operators in the county to voluntarily provide resource use information to nearby landowners, and to develop a good neighbor policy. Support improved communication and understanding between mineral resource landowners and the public through mechanisms, such as voluntary mine management plans and community and educational forums." The motion was seconded. Browne stated he does not support the motion, because it says the same thing as the first sentence. Brenner amended her motion to amend Comprehensive Plan page. 8-35, Policy 8L- 5, "Encourage mineral extraction operators in the county to voluntarily provide resource use information to nearby landowners, and to develop good neighbor policy. such as voluntary mine management plans and community and educational forums." Browne moved to call the question. The motion to call the question carried by the following vote: Ayes: Weimer, Mann, Sidhu, Browne, Buchanan, and Donovan (6) Nays: Brenner (1) The motion as amended carried by the following vote: Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6) Nays: Browne (1) Brenner moved to amend Comprehensive Plan page 8-35 to create a new policy, "8L-6: Reduce potential conflicts between mining and incompatible activities by establishing/maintaining zoning regulations that protect productive mineral lands of long- term commercial significance from conversion to non -compatible uses." The motion was seconded. Councilmembers discussed defining the areas of mineral resource lands of long-term significance. Mark Personius, Planning and Development Services Department, stated there is already a policy in Chapter 8 to do a countywide mineral resource land (MRL) study. Brenner withdrew her motion. Weimer moved to amend Comprehensive Plan page 8-45 to create a new section, with a change in language from "aquatic" to "marine" resource lands: Auat+e Marine Resource Lands - Introduction 272 Special Committee of the Whole, 7/5/2016, Page 9 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. Purpose This section contains policies to guide Whatcom County in the creation of a new section for this chapter to ensure the conservation of functioning agaat+e marine resource lands of long-term commercial and recreational significance, and to ensure that both industries requiring functioning aquatic lands, and the cultural heritage that use of our aquatic lands represent, thrive in the years to come. GMA Requirements Goal 8 of the GMA (RCW 36.70A.020) guides the county to "Maintain and enhance natural resource based industries, including productive timber, agricultural, and fisheries industries." Aquatic lands have a clear nexus regarding maintenance of fisheries industries, including commercial and recreational shellfish harvest. While the GMA does not require specific designation of aquat+e marine resource lands that support aquatic based industries, functioning aquatic lands are so intrinsically necessary for production of historical fish and shellfish production that these lands are identified on our GMA required critical areas maps, shoreline inventory and analysis, and integral in the state /county approved 2008 Shoreline Restoration Plan. Issues, Goals, and Policies The following goals and policies apply to both designated and undesignated aquatic lands and are meant to help in the creation of this section to address the issues of conserving productive aquatic land and meeting the goals of the Growth Management Act. Goal 8S: Conserve and enhance Whatcom County's aquatic land base for the long- term and sustainable production of commercial and recreational economic activities. Policy 8S-1: Whatcom County Planning staff will work with the Marine Resource Committee, the Shellfish Protection Advisory Committees, and other local aquatic land experts to create a new section of this chapter to support goal 8S to be docketed and processed for consideration no later than 2017. The motion was seconded. Personius suggested an amendment, "...the Planning St County will work with the Marine Resources Committee...." Weimer accepted the staff suggestion, "...the Planning St County will work with the Marine Resources Committee...." Brenner suggested a friendly amendment, "...will work with committees including, but not limited to, the Marine Resources..... Weimer accepted the friendly amendment. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Special Committee of the Whole, 7/5/2016, Page 10 273 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. Brenner moved to amend Comprehensive Plan page 8-1, lines 4-9, "The growth and harvest of farm products, re -generation and harvesting of timber, use of aquatic aquaculture lands for shellfish harvest, and excavation of minerals all shape Whatcom County's landscape and strongly influence the economy. Resource lands, which include agriculture, forestry, fisheries (RCW 36.70A.020) and mineral resource lands, also largely represent Whatcom County's cultural heritage. These natural resource activities have been major industries since European settlement began in the area, and the use of aquat+e aquaculture lands by our indigenous citizens far predates European settlement." The motion was seconded. Weimer suggested a friendly amendment to change "aquatic" and/or AAaquaculture" to "marine resource" except before the RCW citation. lands. Brenner accepted the friendly amendment. Councilmembers discussed the differences between aquaculture and marine resource The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 8-1, lines 12-14, "This chapter is divided into four sections: Agricultural Lands, Forest Resource Lands, Aeluatie Marine Resource Lands, and Mineral Resources." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Donovan moved to approve the following items: Amend Comprehensive Plan page 8-2, lines 7-8, "The Agricultural Lands, Forest Resource Lands, Aaat+e—Aquaculture Resource Lands, and Mineral Resources sections of this chapter address Goal 8 of the GMA, which reads:..." Amend Comprehensive Plan page 8-2, line 21-30, "Identifying and designating productive resource lands also helps implement County -Wide Planning Policies directed towards agriculture, forestry, mineral resources, aquat+e—aquaculture industries and other natural resources. In addition, land use policies that encourage best management practices are included within this chapter to support and maintain a broad based economy of productive timber, agriculture, mineral and aquatic industries in a sustainable manner." Amend Comprehensive Plan page 8-14 to create a new policy, "8D-8: Through a continuum of efforts moving from education to enforcement of regulations, that includes outreach, development of voluntary best practices, technical assistance, 274 Special Committee of the Whole, 7/5/2016, Page 11 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. incentives, monitoring, and regulation, ensure that agricultural practices do not negatively impact aquat+e aquaculture resource lands and critical areas." Amend Comprehensive Plan page 8-14, Goal 8E, "Ensure agricultural practices avoid adverse impacts to the habitat of threatened and endangered fish and wildlife species and to agHat+e aquaculture resource lands that support shellfish resources. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Sidhu moved to amend Comprehensive Plan page 8-3, line 45, "Those lands designated Agriculture in the comprehensive plan are designated as Agricultural Lands of Long -Term Commercial Significance, as defined by GMA. as agricultural lands that have capable ef being used fE)F ffeductien based en 'and chaFaeteFisties, and (e) that has leng modes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land. (RCW 36.70A.030(10)." The motion was seconded. Councilmembers discussed whether this is a definition that should be in the glossary. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 8-4, lines 44-45, "Conserving productive agricultural lands in rural areas, Fights -, - without infringing on private property rights, is a primary objective of the APO." The motion was seconded. Councilmembers discussed future decisions between private property rights and preserving agricultural land. Browne suggested a friendly amendment, while continuing to recognize statutory obligations of private property rights. Brenner amended her motion, "..in rural areas while recognizing private property rights,...." Councilmembers discussed singling out specific rights. The motion failed by the following vote: Special Committee of the Whole, 7/5/2016, Page 12 275 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. Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) Brenner moved to amend Comprehensive Plan page 8-4, lines 44-45, "Conserving productive agricultural lands in rural areas, while acknowledging private property rights is a primary objective of the APO." The motion was not seconded. Sidhu moved to amend Comprehensive Plan page 8-9, Policy 8A-3(d), "A majority of the area is composed of agricultural operations. that have histermeally been and eentinue te be ecenemmeally that have historically been and continue to be economically viable..." The motion was seconded. Councilmembers discussed what is economically viable. Browne suggested a friendly amendment "...that were historically in agricultural use prior to 1985." Sidhu accepted the friendly amendment to amend Comprehensive Plan page 8-9, Policy 8A-3(d), "A majority of the area is composed of agricultural operations.. that have that were historically in agricultural use prior to 1985." Councilmembers continued to discuss alternative agricultural uses that don't necessarily draw on good agricultural soil. Personius answered questions about policies that affect long-term agricultural lands and the rules of the U.S. Department of Agriculture (USDA), the actual number of agricultural acres being preserved, and economically -viable land in 1985 versus today. Weimer moved to called the question. The motion to call the question carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Brenner (1) The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, and Buchanan (4) Nays: Weimer, Brenner, and Donovan (3) Brenner moved to amend Comprehensive Plan page 8-10, Policy 8A-4, "Support conservation of productive agricultural land by requiring the use of best management practices including soil and water conservation, livestock nutrient nutrient/manure management, etc." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 276 Special Committee of the Whole, 7/5/2016, Page 13 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. Sidhu moved to amend Comprehensive Plan page 8-10, Policy 8A-5, "Discourage conversion of productive agricultural land to incompatible non-agricultural uses." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) Nays: Weimer (1) Browne moved to amend Comprehensive Plan page 8-9, Policy 8A-3, to add an item, "e. The majority of the area has access to adequate legal water rights." The motion was seconded. Councilmembers discussed the State's non -response to farmers' applications for water rights, the difference between having adequate water and having legal water rights, and property with legal access to water being more valuable than property without legal access to water. Browne withdrew the motion. (Clerk's Note: Council took a break for lunch from 12:35 to 1:35 p.m.) Brenner moved to amend Comprehensive Plan page 8-30, line 36 through page 8-31 errseeTr�e�r_�- _ ol ui _ems ail: �i��i�w�.►ww�•�u�w►»wi�iu�i�m i�:���w►�:�.w�►��i �:. _ Other land uses may create conflicts with surface mining, if not zoned appropriately. If zoned appropriately, there is little chance of other uses being disturbed by usual mineral resource activities." The motion was seconded. The motion failed by the following vote: Ayes: Brenner (1) Nays: Browne, Buchanan, Weimer and Donovan (4) Absent: Sidhu (out of the room) and Mann (out of the room) (2) Special Committee of the Whole, 7/5/2016, Page 14 277 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 moved to amend Comprehensive Plan page 8-31, lines 4-9, "EHViFeHn...n�,' diSFUptien ef fish and wildlife habitat. Surface n9ine Feelangation can eFeate wetlands and fisht and woFd"fe habotat, enhanEe awmEulturaland, OF PFOvide land for parks., housing, industrial eF ether Surface mines, when reclaimed properly, can create wetlands, fish, and wildlife habitat, possible productive agricultural land, or provide land for parks, housing, industrial, or other uses. When not reclaimed properly, mines may create environmental issues, such as groundwater of aquifer impacts, and contamination or disruption of fish and wildlife habitat." The motion was seconded. The motion failed by the following vote: Ayes: Brenner, Browne, and Donovan (3) Nays: Mann, Buchanan, and Weimer (3) Absent: Sidhu (out of the room) (1) Mann moved to reconsider Councilmember Brenner's motion to amend Comprehensive Plan page 8-31, lines 4-9. The motion to reconsider was seconded. The motion to reconsider carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) Nays: Weimer (1) Brenner restated and amended her motion to amend Comprehensive Plan page 8- 31, lines 4-9, ifeF impacts an disruption ef fish and wildlife habat;4 Q-I�Ar-t= �nmnp rpr-1 create wetlands and fish and wi+d"fe habo housing, industrial OF otheF uses. Surface mines, when reclaimed properly, can ereate enhance wetlands, fish, and wildlife habitat, possible productive agricultural land, or provide land for parks, housing, industrial, or other uses. When not reclaimed properly, mines may create environmental issues, such as groundwater of aquifer impacts, and contamination or disruption of fish and wildlife habitat." The motion carried by the following vote: Ayes: Sidhu, Brenner, Browne, and Donovan (4) Nays: Mann, Buchanan, and Weimer (3) Sidhu moved to amend Comprehensive Plan page 8-11, line 14, "Agriculture is one of the most important resources in Whatcom County. Whatcom County works with farmers to ensure productive agricultural land and improved nutrient management practices help reduce potentially negative impacts on aquatic lands. Whatcom County is also strongly supported by agriculture fiscally with sales and jobs. "grmeu'tH may . +et wOth ethe..' ...a " The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) 278 Special Committee of the Whole, 7/5/2016, Page 15 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. Sidhu moved to amend Comprehensive Plan page 8-11, Policy 8B-6, "Develep Utilize a range of results -oriented, non -regulatory programs, options, and incentives, collaboratively developed and monitored by the County and landowners, that agricultural landowners can employ se long as such ffegFams, eptiens, and ineentives can be shown to produce Fes that to -which meet or exceed county environmental regulations." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) Nays: Weimer (1) Donovan moved to reconsider Councilmember Sidhu's motion to amend the Agricultural Products Industry introductory language to Goal 8B, "Agriculture is one of the most important resources in Whatcom County. Whatcom County works with farmers to ensure productive agricultural land and improved nutrient management practices help reduce potentially negative impacts on aquatic lands. Whatcom County is also strongly supported by agriculture fiscally with sales and jobs. "grmeu'tu n9ay . +et w0th ethe..' ...a " The motion to reconsider was seconded. The motion to reconsider carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Buchanan restated the motion to delete the last sentence, "Agriculture is one of the most important resources in Whatcom County. Whatcom County works with farmers to ensure productive agricultural land and improved nutrient management practices help reduce potentially negative impacts on aquatic lands. Whatcom County is also strongly supported by agriculture fiscally with sales and jobs. " The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 8-12, lines 38, "The Right -To - Farm Ordinance was created because agriculture is the priority use. Usual and accustomed farm activities create odors, dust, sprays, noise from farm machinery, etc. and are prioritized with the Right -To -Farm Ordinance. Agriculture may conflict with other land uses. Improper nutrient or manure management practices on agricultural land may impact the commercial and recreational use of aquatic lands miles away. Residents of non -farm housing adjacent to farms, and owners and patrons of nearby commercial uses, have complained of nuisances such as odors, dust, chemical sprays, and noise from machinery. Farm equipment, crops, and livestock may suffer from increased vandalism. In addition, non -farm residential development, particularly residential subdivisions, can raise assessed valuation or lead to special assessments on adjacent farmlands, resulting in higher property taxes for farmers. The same is true of commercial uses." The motion was seconded. Special Committee of the Whole, 7/5/2016, Page 16 279 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, Sidhu, Browne, Buchanan, and Weimer (6) Nays: Donovan (1) Buchanan moved to amend Comprehensive Plan page 8-14 to create a new policy, "8D-8: b Develop a continuum of efforts Fnevmnq from including education to enfereengent efneau+at+ens, that Oneludes outreach, development of voluntary best practices. technical assistance, and incentives, menotermnEi, and regulatmen, to minimize impacts when conflicts arise between agriculture and other land uses ensure that aEiFweLi'tLiFa' 13Faetmees The motion was seconded. Councilmembers discussed why they are removing references to enforcement and monitoring. Sidhu restated the motion. The section should read, "Develop a continuum of efforts moving from education, outreach, development of voluntary best practices, technical assistance and incentives, and enforcement of regulations, to minimize impacts when conflicts arise between agriculture and other land uses." The motion carried by the following vote: Ayes: Sidhu, Browne, Buchanan, and Weimer (4) Nays: Mann, Brenner, and Donovan (3) Brenner moved to amend Comprehensive Plan page 8-14, Goal 8E, "Work with agricultural land users to find efficient and effective cooperative ways to protect and improve habitat of threatened and endangered species through education and incentive programs. Ensure agFiEUltUFal Practices aveid adverse irripacts te the habitat ef threatened and endangered fish and wildlife speemes and to aquatic Feseffee lands that suppeFt shellfish Feseffees.- Encourage agricultural 'and uses te veluntarily preteet and FeSteFe habitat ef threatened and endangered species thFeUgh educatien and incentive PFE)grarns." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, and Buchanan (4) Nays: Weimer, Mann, and Donovan (3) Brenner moved to amend Comprehensive Plan page 8-14, Policy 8E-2, "Provide assistance where necessary to ensure fencing of livestock away from rivers and streams to prevent livestock from degrading riparian and instream habitat and from polluting water quality. Prevent livesteek freng degrading riparian and inStFearn habitat by using b management Practices fOF the fencing of livesteek freng Streams and suppert the pFevisien-&f amtefflatove watering systengs. Enceurage fencing aleng rivers and streangs te prevent i0vesteek fFern degrading riparian and instreang habitat." The motion was seconded. Special Committee of the Whole, 7/5/2016, Page 17 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. Beringer stated it's not always best practice to fence off rivers and streams from livestock, without proper maintenance. Staff prefers, "Prevent livestock from degrading riparian and instream habitat by using best management practices for the fencing of livestock from streams and support the provision of alternative watering systems." Brenner amended her motion, "Encourage fencing along rivers and streams to prevent livestock from degrading riparian and instream habitat, provide assistance where necessary to ensure fencing of livestock away from rivers and streams." The amended motion was not seconded. Sidhu moved to amend Comprehensive Plan page 8-15, Policy 8E-5, €nceuFage Encourage voluntary restoration to properly functioning habitat conditions for those riparian areas and stream reaches that do not currently provide such habitat conditions " The motion was seconded. The motion failed by the following vote: Ayes: Browne, Brenner, and Sidhu (3) Nays: Mann, Buchanan, Weimer and Donovan (4) Sidhu moved to amend Comprehensive Plan page 8-16, Policy 8F-1, "Actively participate in the WRIA 1 Watershed and Salmon Recovery Programs to ensure that the agricultural sector's needs, as well as etheF inteFests, are addressed." The motion was seconded. Mann suggested a friendly amendment, "Actively participate in the WRIA 1 Watershed and Salmon Recovery Programs , as well as eth eF Onterests, are -ad dFessed." Sidhu accepted the friendly amendment. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Sidhu moved to amend Comprehensive Plan page 8-16, Policy 8F-3, "Work to encourage the agricultural community's access to sufficient direct legal water rights and other sources of water are available for agricultural uses." The motion was seconded. Browne suggested a friendly amendment, "Work to encourage the agricultural community's access to sufficient direct legal water Sidhu accepted the friendly amendment, he amended and restated the motion, Support the agricultural community's access to sufficient diFeet legal water Fights and ether seHFees ef wateF aFe available feF agFieHItHFal Hses." Special Committee of the Whole, 7/5/2016, Page 18 281 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. point: The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Sidhu moved to eliminate Policy 8F-4 entirely. The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) Browne moved to amend Comprehensive Plan page 8-8, Policy 8A-2, to add a bullet • Give priority in the PDR program to land with valid, adequate irrigation water rights and physical access to water sufficient to sustain economically viable irrigation based agriculture. The motion was seconded. Beringer stated they take water rights into consideration when ranking purchases of develop rights (PDR) projects. Staff plans to review the ranking criteria for the program. Councilmembers discussed staff reviewing the criteria used to rank properties in the PDR program and valuing properties with valid water rights higher than properties without valid water rights. Browne amended his motion to amend Comprehensive Plan page 8-8, Policy 8A-2, to add a bullet point: • Review the priority in the PDR program of land with irrigation water rights and physical access to water. The motion failed by the following vote: Ayes: Donovan and Browne (2) Nays: Brenner, Mann, Sidhu, Buchanan, and Weimer (5) Sidhu moved to amend Comprehensive Plan page 8-8, Policy 8A-2, to delete a bullet point: 0 Werl(ing cooperatively with lecal faffigers and CE)eFdonating with lecal and state agencies te addFess wateF quality impacts ef agFieultuFal activities en lecal streangs ancl The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Buchanan, Weimer and Donovan (4) Absent: Browne (out of the room) (1) 282 Special Committee of the Whole, 7/5/2016, Page 19 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. COMPREHENSIVE PLAN CHAPTER 11, ENVIRONMENT 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 11, ENVIRONMENT (AB2016-047K) Donovan moved to amend to replace "natural systems" with "ecosystems" on the following Comprehensive Plan pages: M • Page 11-2, lines 9-19, "...disrupt natuFa' systeng= ecosystems and that ensure the continuation of ..." • Page 11-2, lines 13-16, "Natural Hazards, Water Resources, and NatHFal Syste �=^gs Ecosystems." • Page 11-7, lines 13-15, "... than willful action. NatHFal Systengs Ecosystems are subtle and complex." • Page 11-9, Policy 1113-3, "... the value of natHFal systeffis ecosystems and provide the public..." • Page 11-12, Policy 11D-1, "...economic sectors, natHFal systengs ecosystems, water resources...." • Page 11-16, lines 16-17, "...unstable slopes and impact ecosystems." • Page 11-16, lines 20-23, "... downslope neighbors and natHFal systengs ecosystems at risk ..." • Page 11-16, lines 34-36, "...damage to property, natHFal systengs ecosystems, and sometimes...." • Page 11-17, Goal 11F, "...and degradation of natUFal systengs ecosystems resulting from...." • Page 11-19, Policy 11F-11: "...adjacent properties or natuFal systems ecosystems cannot be ...." • Page 11-38, Goal 11L, "Protect and enhance natUFal systengs ecosystems, which provide...." • Page 11-39, Policy 11L-10, "Protect and enhance natHFal systems ecosystem functions when flood...." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-33, lines 30- Ecosystems Introduction fFOM the geelegie setting of Whateeng GeLinty. it ine'Lides fish and wildlife, as wel! as - Special Committee of the Whole, 7/5/2016, Page 20 283 1 2 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. guidanee te county goveMment as at assists eitizens to effectively manage enhance these natural systengs, and enSUFes that the benefits ef these systems a-r-e Ecological systems, or ecosystems, refer to the natural systems that have developed within the geologic and geographic setting of Whatcom County. Whatcom County contains a significant number of distinct ecosystem types, with associated fish, wildlife, and plant species, as well as many other living organisms. This biodiversity has evolved and adapted according to the specific physical and climatic conditions of the county (Map 11-2, Map 11-3). Ecosystem goals and policies are intended to provide guidance to county government as it assists people to manage and protect these ecosystems. Additionally they ensure other benefits are maintained far into the future. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-3, lines 7-12, "GMA Planning Goal 10, 'Environment' (RCW 36.70A.020(10)), provides the directive for much of this chapter. It requires Whatcom County to protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.' In addition, some of the goals and policies of this chapter support Planning Goal 9, 'Open Space and Recreation' (RCW 36.70A.020(9)), which directs the county to conserve fish and wildlife habitat."' The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-3, lines 18-22, "Specific policies address water, promoting inter -jurisdictional cooperation in conserving, protecting, and managing the water resource, and in reducing water pollution (CWPP Policies N.1 - 6). The CWPPs also support protecting wildlife habitat and corridors, natural drainage features, and other environmental, cultural and scenic resources."' The motion was seconded. The motion carried by the following Ayes: Brenner, Mann, Browne, Nays: None(0) Absent: Sidhu (out of the room) vote: Buchanan, Weimer and Donovan (6) (1) Brenner moved to amend the following Comprehensive Plan pages 11-5, lines 30-32, "Every year salmon return to spawn in the streams and rivers of Whatcom County. Whatcom Special Committee of the Whole, 7/5/2016, Page 21 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. County is located within the Pacific Migratory Flyway and serves as a stopover and critical habitat area for many migratory birds. Bufflehead and goldeneye ducks winter here." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-5, lines 38-43, "Whatcom County is home to a distinct subspecies of the Great Blue Heron, which +s has the third largest colony in the Puget Sound area. The wetlands, fields, streams, and nearshore habitat in the county support many birds of special concern, such as the bald eagle (E-SA threatened —protected under the Bald and Golden Eagle Protection Act), the pileated woodpecker (candidate for State }"Featened'listing), and the peregrine falcon (ESA yea candidate species)." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-6, lines 20-23, "Development in the last 100 years has had a significant impact on the natural environment in Whatcom County. At the turn of the 20t" century, t-he some areas surrounding Lynden, Sumas, and Ferndale were logged, drained and converted to agricultural land and other types of development." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-6, lines 31-34, "There are designated lands in Whatcom County that can still accommodate development. Whatcom County also has areas that are sensitive to human activity, including {wetlands, streams, lakes, marine shorelines, and lands that can pose a hazard to the community, including ffloodplains and unstable slopes." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-7, Policy 11A- 6, "Aim to meet OF exceed national, state, and regional air quality standards. Work with the Northwest Clean Air Agency to ensure compliance with applicable air quality standards." Special Committee of the Whole, 7/5/2016, Page 22 285 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 was seconded. Councilmembers discussed the weak or lack of existing standards for certain pollutants. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) Sidhu moved to amend the following Comprehensive Plan pages 11-8, Policy 11A-8, "Lead and/or coordinate voluntary efforts with property owners, citizen groups, and governmental and non -governmental agencies in furthering Whatcom County's environmental goals and policies." The motion was seconded. Councilmembers discussed whether they should only coordinate voluntary efforts, not other efforts. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) Brenner moved to amend the following Comprehensive Plan pages 11-8, line 42 through page 11-9, line 2, "Regulatory inspection... and ultimately to environmental deterioration. Thoughtful, comprehensible, and efficient regulations play an important part in educating the public and protecting the environment." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-9, Policy 11B- 7, "Ensure regulations are as simple and easy to understand as possible and maintain effective inspection, compliance, and enforcement measures as necessary." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-10, lines 12- 15, "The problems that arise... community and on the property rights of other property owners." The motion was seconded. Special Committee of the Whole, 7/5/2016, Page 23 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. Councilmembers discussed other rights that are affected, not just property rights. The motion failed by the following vote: Ayes: Brenner (1) Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Sidhu moved to amend the following Comprehensive Plan pages 11-10, lines 17-20, "Land use decisions ... To that end, to the extent allowed by law, regulations should the law n9ust protect the public good from detrimental private actions." The motion was seconded. Sidhu withdrew his motion. Brenner moved to amend the following Comprehensive Plan pages 11-12, Goal 11D, "Strengthen the ...responding and adapting to potential the impacts of climate change." The motion was seconded. The motion failed by the following vote: Ayes: Brenner (1) Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Brenner moved to amend the following Comprehensive Plan pages 11-12, Policy 11D-3, "Promote the efficient use, conservation, and protection of water resources, without infringing on anyone's water rights." The motion was seconded. Councilmembers discussed whether people would misinterpret the language in the amendment, and the number of exempt well owners. The motion failed by the following vote: Ayes: Brenner and Donovan (2) Nays: Mann, Sidhu, Browne, Buchanan, and Weimer (5) Mann moved to amend the following Comprehensive Plan pages 11-13, New Policy 11D-6 to add a bullet point, "Recommend updates to Whatcom County land use policies and development regulations to support renewable energy development goals." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-13 to create a new policy, "11113-10: Create updates to Whatcom County land use policies and development regulations to support renewable energy development goals." Special Committee of the Whole, 7/5/2016, Page 24 287 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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. The motion was seconded The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-14, lines 19- 30, "Flood Hazards - Heavy winter rains and... in the Abbotsford area of British Columbia. R 0 s pFedieted that elimate change will exaceFbate flooding Flood risk is projected to increase, due to increased...." The motion was seconded. Councilmembers discussed the difference between projections and predictions and whether they should reference climate change. Brenner amended her motion, "...area of British Columbia. It is PFeEliete4 projected that climate change will exaeeFbate fleeding increase flood risk, due to increased sea level and changes in rainfall patterns. Significant damage...." The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: Donovan (1) Brenner moved to amend the following Comprehensive Plan pages 11-14, lines 31- 35, "The presence of Mt. Baker ... also considered one of the most petentially active volcanoes...." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-18 Policy 11F- 2, "Use Best Available Science and data to research and investigate...." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Sidhu moved to amend the following Comprehensive Plan pages 11-19 to delete policy 11F-11. The motion was seconded. KM Special Committee of the Whole, 7/5/2016, Page 25 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 suggested a friendly amendment to keep the first sentence, with a change, "Require applicants for development permits located in natural hazard areas to provide development plans designed as much as possible to minimize the potential to exacerbate the natural hazard as well as the risk of damage to property or threats to human health and safety." Cliff Strong, Planning and Development Services Department, stated this is about all geo-hazard areas, not just lahars. Applicants have to show they won't exacerbate potential problems. Also, the last sentence of the policy is from State regulations. The Planning Commission is working on language about lahars and other areas. Councilmembers discussed how counties issue permits in areas with geo-hazards, what language the Planning Commission is working on, and including the language for non- lahar areas. Sidhu withdrew the motion. Linda Twitchell, Building Industry Association, stated they could reference the Critical Areas Ordinance in the policy. Sidhu moved to amend Comprehensive Plan pages 11-19 to amend policy 11F-11, "Require applicants for development permits... permanent or seasonal human habitation as described in the Critical Areas Ordinance." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-20, Policy 11F-12, "Once a set of risk levels have has been identified, propose these risk levels for adoption of legislation by the County Council as the level to which future development must be designed." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-21, lines 19- 23, "Surface water sources such as Lake Whatcom... surface water for a variety of uses, including irrigation; and drinking water for livestock." The motion was seconded. Councilmembers discussed the differences between agriculture and other uses. The motion carried by the following vote: Special Committee of the Whole, 7/5/2016, Page 26 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. 39: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-21, lines 30- Groundwater is contained... replenished by rainwater, though some may contain water trapped during glacial periods. Aquifers are.... Rainfall that does not soak into the ground or evaporate is regarded as surface water and runs into drainage.... The motion was seconded. The motion failed by the following vote: Ayes: Mann, Brenner, and Sidhu (3) Nays: Browne, Buchanan, Weimer and Donovan (4) Brenner moved to amend the following Comprehensive Plan pages 11-23, Policy 11G-2, "Actively participate in and support WRIA 1 WateFshed Planfliftg efforts asseemated with the CeeFd;nat;en to coordinate local, federal, tribal, and state agencies to achieve integration and/or consistency between the various levels of environmental regulations relating to the County." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-24, Policy 11G-6, "Actively promote and... management actions. Specifically, research available data and create more data regarding desalination as a likely potable water source in the future to adapt to the impacts of climate change." The motion was seconded. Councilmembers discussed whether the County or the industry should do the research, whether there is a water shortage, the viability of water desalination, and including language on conservation. Brenner amended her motion, "Consider available data and ereate-+r+ere data regarding desalination as a likely potable water source in the future to adapt to the impacts of climate change. This information will be used by anyone who wants to work on creating a simpler and less expensive desalination plant." Browne moved to call the question. The motion was seconded. The motion to call the question carried by the following vote: 290 Special Committee of the Whole, 7/5/2016, Page 27 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. Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None (0) Abstains: Brenner (1) Councilmember Brenner's motion failed by the following vote: Ayes: Brenner and Donovan (2) Nays: Mann, Sidhu, Browne, Buchanan, and Weimer (5) Brenner moved to amend the following Comprehensive Plan pages 11-24, Policy 11G-7, "Pursue the most effective... Emphasis sheuld shall be placed on non -regulatory approaches where possible and effective." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Mann (1) Brenner moved to amend the following Comprehensive Plan pages 11-25, Policy 111-1-2, 'Coordinate efforts... wildlife habitat while supporting adequate water for existing agriculture prior to any efforts that would shut it down." Work with the agriculture community to help them get adequate water. The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, and Weimer (4) Absent: Donovan (out of the room) (1) Brenner moved to amend Comprehensive Plan pages 11-25, Policy 11H-2, "Coordinate efforts... wildlife habitat while advocating for adequate water for existing agriculture." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan, (5) Nays: Weimer (1) Absent: Donovan (out of the room) (1) Brenner moved to amend the following Comprehensive Plan pages 11-26, Policy 111-1-4, "Support the implementation of lecal and state Watershed Managengent Plan,-419-e the Lake Whatcom Management Program, NPDES Phase II Permitting, and the WRIA 1 Watershed Management Plan PFejeets." The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Special Committee of the Whole, 7/5/2016, Page 28 291 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. Nays: Mann, Browne, Buchanan, and Donovan (4) Absent: Weimer (out of the room) (1) Brenner moved to amend the following Comprehensive Plan pages 11-26 to create a new policy, "11H-6: Monitor, prevent, and reduce the establishment of invasive species in Whatcom County waterbodies." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) Nays: None(0) Absent: Weimer (out of the room) (1) Brenner moved to amend the following Comprehensive Plan pages 11-26 to create a new policy, "111-1-8: Identify areas that require special protection such as wellhead protection areas, critical aquifer recharge areas, and high -priority watersheds, and incorporate that knowledge into Comprehensive Plan goals and policies. This information shall be available to the public." The motion was seconded. Strong stated they've already done this work through the critical areas ordinance. Brenner withdrew her motion. Sidhu moved to amend the following Comprehensive Plan pages 11-27, Policy 11I-2, "Maintain or when appropriate, natural drainage...." This is a suggestion from the farming community. The motion was seconded. Strong stated this policy has to do with more than the critical areas ordinance, such as road fund projects. The County can't require farmers to do enhancement. Councilmembers discussed whether or not they should add language that indicates the County will be responsible for maintaining and enhancing projects. Buchanan moved to call the question. The motion was seconded. The motion to call the question carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Brenner (1) Councilmember Sidhu's motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) 292 Special Committee of the Whole, 7/5/2016, Page 29 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. Sidhu moved to amend the following Comprehensive Plan pages 11-28, Policy 11I- 10, "Develop and administer regulations and incentives via WCC 16.16, the County's Critical Areas Ordinance, such that there is no net loss of ecological functions and values of regulated wetlands and fish and wildlife habitats." The motion was seconded. Strong stated other regulations may apply, in addition to the critical areas ordinance. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) Brenner moved to amend the following Comprehensive Plan pages 11-29, Policy 11I- 12 to add a new item, "7. Prioritize stormwater polluting areas and develop retrofits for areas most likely to impact sensitive waters." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend the following Comprehensive Plan pages 11-30 to create a new policy, "113-4: Coordinate local water and land management efforts, plans, and data to ensure adequate oversight of water quality and quantity issues." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Donovan moved to amend the following Comprehensive Plan pages 11-30 to create a new policy, "113-5: Encourage commercial and agricultural water users to quantify water use to promote conservation." They need to somehow gather data on water use. The motion was seconded. Councilmembers discussed the possibility of agricultural water metering inadvertently causing farmers to lose water rights. Donovan amended his motion, " "Quantify water use to promote conservation." Weimer described past and current water use studies. The amended motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Special Committee of the Whole, 7/5/2016, Page 30 293 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. Donovan moved to amend the following Comprehensive Plan pages 11-30 to create a new policy, "111-6: Utilize water use data to reward conservation and maintain availability of water for agriculture and instream flow." The motion was seconded. Buchanan suggested a friendly amendment, "Utilize water use data to Feward encourage conservation and maintain availability of water for agriculture and instream flow." Donovan accepted the friendly amendment. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Donovan moved to amend the following Comprehensive Plan pages 11-30 to create a new policy, with an addition, "Implement a plan with the Department of Ecology by 2025 to measure and record commercial and agricultural water usage to reward conservation." Make sure there are positive incentives. Browne suggested a friendly amendment, "Encourage the State to remove the water relinquishment rule and implement a plan...." They need a lot of input from the agricultural community. Donovan stated he would table this motion until the next time this chapter is discussed. COMPREHENSIVE PLAN CHAPTER 4, CAPITAL FACILITIES 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 4, CAPITAL FACILITIES (AB2016-047D) Mann stated don't send the message to the public that expansion of facilities is the only solution. Browne moved to amend the following Comprehensive Plan pages: • Page 4-5, Goal 4D, "Develop and implement improvement a+vd or expansion for the...." • Page 4-5, Policy 4D-1, "Complete those capital... to correct any space deficiencies...." • Page 4-6, Policy 4D-2, "Maintain Sheriff's Office adult corrections... Existing facilities may be expanded remodeled or new facilities developed in response to ing changing need." • Page 4-6, Policy 4D-3, "Maintain juvenile detention... Existing facilities may be expanded remodeled or new facilities developed in response to changing need." 294 Special Committee of the Whole, 7/5/2016, Page 31 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. • Page 4-6, Policy 4D-4, "Maintain adequate facilities... Existing facilities may be expanded remodeled or new facilities developed in response to tne�east� changing need." The motion was seconded. Brenner suggested a friendly amendment to amend all the items, "...expanded, remodeled, and/or new facilities...." Mann accepted the friendly amendment. (Clerk's Note: Councilmember Browne made the motion to amend.) The motion as amended carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Mann stated make sure the appendices are amended according to these changes. COMPREHENSIVE PLAN CHAPTER 1, GROWTH PROJECTIONS 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 1, GROWTH PROJECTIONS (AB2016-047A) Browne moved to amend Comprehensive Plan Page 1-5, line 33, to add a new section: Whatcom County Government Whatcom County's mission statement is to "Promote, enrich and enhance the freedoms, opportunities, health and safety of its citizens. We will provide essential and desirable public services in a cost effective and accountable manner. We will conduct the public's business and treat all members of our diverse community in a courteous and professional manner. We will provide vision, leadership and responsiveness while addressing community issues and conducting the business of the people. We will encourage community involvement in public issues while protecting the rights of the individual and encouraging respect for diversity. We will serve as an active catalyst for individuals and other entities to participate in achieving a positive future for Whatcom County." To those ends, the County is committed to good government through transparency, robust public involvement and ongoing process and performance improvement." The motion was seconded. Brenner stated the second paragraph in the preamble is the same as the Goal. She moved to amend the motion to remove the second paragraph. The motion to amend was not seconded. Councilmembers discussed the proper location of these proposed amendments in the Comprehensive Plan and whether or not they should be more specific. Special Committee of the Whole, 7/5/2016, Page 32 295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner suggested a friendly amendment, , the Geunty commotte , }� Ensure good government through transparency...." Browne accepted the friendly amendment. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Brenner (1) Browne moved to amend Comprehensive Plan Page 1-5, line 33, to add a new goal, "1A: Ensure that government activities, regulations and policies are transparent, accountable and easy to understand." The motion was seconded. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Brenner (1) Browne moved to amend Comprehensive Plan Page 1-5, line 33, to add a new policy, "1A-1: Integrate and simplify all documents using the "Federal Plain Language Guidelines" available at www.plainlanguage.gov to make them more understandable and user-friendly." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Browne moved to amend Comprehensive Plan Page 1-5, line 33, to add a new policy, "1A-2: Benchmark the County's performance against itself and other comparable jurisdictions. Develop and publish reports on key performance metrics." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Browne moved to amend Comprehensive Plan Page 1-5, line 33, to add a new policy, "1A-3: Ensure all acronyms and abbreviations used in public documents have clearly defined and readily accessible explanations." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 296 Special Committee of the Whole, 7/5/2016, Page 33 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 moved to amend Comprehensive Plan Page 1-5, line 33, to add a new policy, "1A-4: Maintain a user-friendly, intuitive, and helpful website." term. The motion was seconded. Councilmembers discussed amending to remove "intuitive" and its use as an industry Weimer moved to call the question. The motion was seconded. The motion to call the question carried by the following vote: Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5) Nays: Mann and Brenner (2) The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Browne moved to amend Comprehensive Plan Page 1-5, line 33, to add a new policy, "1A-5: Ensure public -facing documents are updated often to reflect changes to regulations and contact information. These documents must be present on the County website and cross-referenced appropriately so the public can easily find and access them." The motion was seconded. Councilmembers discussed the meaning of the term "public -facing" and which documents are the focus of the motion. Linda Twitchell, Building Industry Association, stated she suggests alternate language, "Ensure forms, permits, applications, and similar documents readily available to the public are updated often to reflect changes...." Browne amended his motion to amend Comprehensive Plan Page 1-5, line 33, to add a new policy, "1A-5: Ensure forms, permits, applications, and similar documents are readily available to the public and are updated to reflect changes to regulations and to contact information. These documents should be present on the County website and cross- referenced appropriately so the public can easily find and access them." The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Browne moved to amend Comprehensive Plan Page 1-5, line 33, to add a new policy, "1A-6: Use technological tools, such as Geographic Information Systems (GIS), to make information easily accessible to the public." The motion was seconded. Special Committee of the Whole, 7/5/2016, Page 34 297 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Browne moved to amend Comprehensive Plan Page 1-5, line 33, to add a new policy, "1A-7: Respond to inquiries from the public in a timely, professional, and courteous manner." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Browne moved to amend Comprehensive Plan Page 1-5, line 33, to add a new policy, "1A-8: No rule, regulation, restriction or requirement shall be imposed en COURty esidents by the County that is not embodied in the Geunty Cede local, State, or Federal law." The motion was seconded. Councilmembers discussed whether any rule, regulation, restriction, or requirement has ever been imposed when it's not in the Code or law. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, and Buchanan (4) Nays: Brenner, Weimer, and Donovan (3) COMPREHENSIVE PLAN APPENDICES 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON THE FOLLOWING COMPREHENSIVE PLAN APPENDICES (AB2016-047L): APPENDIX A, GLOSSARY; APPENDIX B, ACRONYMS; APPENDIX C, COUNTYWIDE PLANNING POLICIES; APPENDIX D, BIBLIOGRAPHY; APPENDIX E, WC 20 YEAR CAPITAL FACILITIES PLAN; APPENDIX F, SIX -YEAR CAPITAL IMPROVEMENT PROGRAM; APPENDIX G, WATER RESOURCES & SALMON RECOVERY (DELETING TRANSPORTATION IMPACT FEE BACKGROUND INFORMATION AND REPLACING WITH A NEW APPENDIX G RELATING TO WATER RESOURCE AND SALMON RECOVERY PROGRAMS, WHICH WILL BE DISCUSSED WITH CHAPTER 11, ENVIRONMENT); APPENDIX H, AIRPORT OVERLAY ZONES; APPENDIX I, IMAGINARY SURFACES This item was not discussed. OTHER BUSINESS There was no other business. WN Special Committee of the Whole, 7/5/2016, Page 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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. ADJOURN The meeting adjourned at 5:01 p.m. The Council approved these minutes on , 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair Special Committee of the Whole, 7/5/2016, Page 36 299 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 Committee of the Whole July 12, 2016 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 10:47 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: None. COMMITTEE DISCUSSION — CONFERENCE ROOM 1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING POTENTIAL LITIGATION, COMPREHENSIVE PLAN REVIEW PROCESS (AB2016-018) The attorney for this discussion is Karen Frakes. Buchanan 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 11:15 a.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Mann moved to go into executive session until no later than 11:15 a.m. to discuss the agenda items pursuant to RCW citations as announced by the Council Chair. The motion was seconded. The motion carried by the following vote: Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, Donovan and Weimer (7) Nays: None (0) Buchanan announced the executive session is extended to 11:30 a.m. Buchanan reported for executive session and stated the committee discussed the option to split the Cherry Point urban growth area (UGA) amendments out to a separate process. Brenner moved to separate Councilmember Weimer's proposed changes to the Cherry Point urban UGA, items one through eight and ten through 13, from this Comprehensive Plan process, docket them for future review, and send them to the Planning Commission. 300 Special Committee of the Whole, 7/12/2016, 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. The motion was seconded. Councilmembers discussed sending Councilmember Weimer's proposed amendments to the Planning Commission as a docketed item for a future Comprehensive Plan review. Buchanan restated the motion to separate Councilmember Weimer's proposed changes to the Cherry Point urban UGA, proposed amendments one through 13, send them to the Planning Commission, and docket for subsequent Council review with the understanding that a resolution will be crafted with a specific timeline. The motion carried by the following vote: Ayes: Sidhu, Brenner, Browne, Buchanan, and Mann (5) Nays: Weimer and Donovan (2) PUBLIC COMMENT 1. AUDIENCE MEMBERS ARE INVITED TO COMMENT SPECIFICALLY ON THE FOLLOWING WHATCOM COUNTY COMPREHENSIVE PLAN CHAPTERS: CHAPTER 2, LAND USE (AB2016-047B); CHAPTER 11, ENVIRONMENT (AB2016-047K); APPENDICES (AB2016-047L) The following people spoke: Larry Helm submitted and read from a handout (on file) and stated the current proposed changes will contribute to the decline in the local economy. Brad Owens, Northwest Jobs Alliance President, stated don't approve changes that will diminish the uses of industrial land at Cherry Point. Andrew Gamble, Petrogas West Ferndale Terminal Operations Manager, submitted and read from his handout (on file). Proposed changes to Chapter 2 are problematic. Do not approve those proposed amendments. Carole Perry stated proposed amendments should go through the proper process and the process is confusing. Jim Groves stated don't jeopardize jobs at Cherry Point. Provide good living wages to future generations. It's important to cooperate and compromise. Stewart Pennington stated he's concerned that the process isn't ethical because they scheduled this item under Other Business. If they don't invest in the future, a lower -tier company will take over. Let the companies invest in their futures. John Strong stated the plan at Cherry Point is for a multi -modal shipping facility that isn't built just for coal. It's about economic development, not about fossil fuel and coal. Bob Waters, SSA Marine Senior Vice President, stated the Army Corps of Engineers decision is subject to appeal and is not final. Pacific International Terminals may file a new Special Committee of the Whole, 7/12/2016, Page 2 301 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. application if circumstances change. Remove inaccuracies and inconsistencies in the Comprehensive Plan. Alex Ramel stated it's disappointing that people can't speak to the Council about unrefined fossil fuel export projects. Don't forget the people who would like to be involved in the process regarding unrefined fossil fuel projects. Kate Blystone, Resources for Sustainable Communities, stated make sure the Planning Commission works on the proposed Cherry Point amendments soon. Brian Carey stated he supports Councilmember Weimer's proposed amendments to the Cherry Point UGA. Don't let the proposed amendments die at the Planning Commission. Cindy Austin, National Electrical Contractors Association, submitted and read from a handout (on file) and described her membership. Lyle Anderson stated Councilmember Weimer's proposed amendments may help prevent further degradation of the Cherry Point aquatic reserve habitat. (Note: The Council took a lunch break from 12:17 p.m. to 1:37 p.m.) COMPREHENSIVE PLAN CHAPTER 2, LAND USE 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 2, LAND USE (AB2016-047B) Brenner moved to amend Comprehensive Plan page 2-77, Policy 2CC-8, "Continue to work with service providers that serve Cherry Point to ensure the delivery of services and to allow it to develop to its fullest potential. Cherry Point industries provide family wage jobs and fuel for our county and Washington State. It is the responsibility of Cherry Point industries to fully cooperate and coordinate with our local firefighters, EMS, and environmental protection agencies to guard public health and safety and reduce environmental impacts and in sharing information pertaining to and necessary for protecting public health, safety and the environment." The motion was seconded. Councilmembers discussed the need for more transparency from the railroad company and whether this item should be considered with other Cherry Point amendments. Brenner withdrew the motion and stated it is forwarded to the Planning Commission with the other Cherry Point amendments. Donovan moved to approve two amendments: • Amend Comprehensive Plan page 2-113, Policy 2NN-3, "Recognize the existing parcelization and the eengn9itn9ent fer develepn9ent ef the remaining development potential of multi -family parcels in Sudden Valley." • Amend Comprehensive Plan page 2-113, Policy 2NN-8, "Work with all parties to maintain, and appropriately plan for infrastructure, public services, and 302 Special Committee of the Whole, 7/12/2016, 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 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. stormwater retention so that Sudden Valley can develop petentia+ appropriately." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Browne (out of the room) (1) COMPREHENSIVE PLAN CHAPTER 11, ENVIRONMENT 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 11, ENVIRONMENT (AB2016-047K) Forrest Longman, Council Office, referenced item 49 on Council packet page 545, which is pending from the last meeting on July 5. Donovan restated the motion from July 5 to amend Comprehensive Plan page 11- 30 to create a new policy, "111-7: Implement a plan with the Department of Ecology by 2025 to measure and record commercial and agricultural water usage." The motion was seconded. Donovan amended his motion to amend Comprehensive Plan page 11-30 to create a new policy, "11J-7: Encourage the Department of Ecology to eliminate the relinquishment rule and work with ag water board and the watershed improvement districts (WIDs) to develop a water bank/water exchange program in Whatcom County. ingplengent a plan with fie„ Councilmembers discussed the existing Department of Ecology statewide water bank; eliminating the relinquishment rule; avoiding anything that can imply the use of water meters, and; getting information from the WID representatives, who will begin working on this issue soon. Donovan stated he would like to table his motion. Brenner moved to amen "11J-9: Request the Department Whatcom County and provide th recommendations to the Whatcom The motion was seconded. e d Comprehensive Plan page 11-30 to create a new policy, of Ecology to determine how much water is being used in information to the WRIA 1 Planning Unit to assist in its County Council." Councilmembers discussed metering, determining the water supply, information that already exists on water use and water availability. Special Committee of the Whole, 7/12/2016, Page 4 303 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. Mark Personius, Planning and Development Services Department, answered questions. Brenner withdrew her motion and asked that it go to the Planning Commission. Donovan moved to amend Comprehensive Plan page 11-31, Policy 11K-2, "Develop a StE)FF19 ElFainage Utility EliStFiet eF etheF fUHdiHg ffieehanisrn to deal with the unique and implement the fair and equitable funding mechanisms called for in the 2008 Lake Whatcom Comprehensive Stormwater Plan to support lake water quality protections by 2018." The motion was seconded. Councilmembers discussed who would determine whether a funding system is fair and equitable. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-31, Policy 11K-4, "Work cooperatively with the City of Bellingham, the Lake Whatcom Water and Sewer District, and applicable associations and organizations to identify, review, and, as appropriate, recommend changes to existing monitoring programs that will address the needs of the FiSdietieHS to better improve lake water quality." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Mann (out of the room) (1) Donovan moved to amend Comprehensive Plan page 11-31, Policy 11K-4, "Place a particular focus on the information needed to evaluate the impacts of additional development and stormwater management measures in the watershed. include an analysis of the d;,,,,,.soen freng the Middle F Fi. of the Neeksack. Coordinate efforts with the Lake Whatcom Management Committee process." The motion was seconded. Councilmembers discussed the purpose of an analysis of the diversion from the Nooksack River. Personius answered questions. Donovan withdrew the motion. Brenner moved to amend Comprehensive Plan page 11-31, Policy 11K-7, "Work cooperatively with the City of Bellingham and the Lake Whatcom Water and Sewer District to 304 Special Committee of the Whole, 7/12/2016, 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. develop and track benchmarks to determine: the effectiveness of management options; when goals have been achieved; and/or when additional actions are necessary." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Donovan moved to amend Comprehensive Plan page 11-32, Policy 11K-9, "Work to keep state publicly -owned forest lands within the Lake Whatcom watershed in public ownership..." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Donovan moved to amend Comprehensive Plan page 11-32, Policy 11K-9, "...and support managing forestry on these lands in a manner that minimizes sediment and phosphorus yields from streams, and is consistent with Best Available Science (BAS) data, in order to protect and enhance water quality." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-32, Policy 11K-10, "Encourage the location of public services, such as schools, libraries, parks/open space, and post offices within RuFal G,....,..,Hnities Sudden Valley...." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-32, Policy 11K-10, "...tkrat WeUld kely in an attempt to reduce the vehicle miles traveled within the watershed." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Councilmembers discussed the Department of Ecology's water banking program. Special Committee of the Whole, 7/12/2016, Page 6 305 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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. Brenner moved to amend Comprehensive Plan page 11-32, Policy 11K-11, "Continue to work with Bellingham and Lake Whatcom Water and Sewer District to protect and manage the Lake Whatcom watershed in accordance with the 1998 jointly adopted interlocal agreement. Focus on continued implementation of the 5-Year Work Plans of the Lake Whatcom Management Program. In addition, work with the affected jurisdictions and secure funding for programs that protect and enhance water quality." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-32; Policy 11K-12: Review and modify (as needed) the current development review process for projects in the Lake Whatcom Watershed to ensure coordination with other jurisdictions to streamline regulations that improve and protect water quality." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to approve two amendments: • Amend Comprehensive Plan page 11-33 to create a new policy, "11K-20: Urban Growth Areas shall not be designated or expanded within the Lake Whatcom Watershed." • Amend Comprehensive Plan page 11-33 to add language to a new policy, "11K-20: ..., and rezones that allow greater residential densities will not be allowed." The motion was seconded. Personius stated there are existing urban growth areas in the watershed, such as Geneva. He suggested language, "existing UGAs shall not be expanded nor new UGAs be designated." Brenner accepted the suggestion from Mr. Personius as a friendly amendment. The full motion is to create a new policy, "11K-20: Existing urban growth areas (UGAs) shall not be expanded nor new UGAs designated within the Lake Whatcom Watershed, and rezones that allow greater residential densities will not be allowed." The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 306 Special Committee of the Whole, 7/12/2016, Page 7 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 moved to amend Comprehensive Plan page 11-34, "Among the habitats of importance to fish and wildlife are the following:... • caves, cliffs, rocky balds, and talus slopes;" The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-34; lines 25-26: Most regional terrestrial wildlife species regularly use aquatic and riparian habitats for breeding, feeding, shelter, and migratory activities." The motion was seconded. Councilmembers discussed whether the term refers just to land animals that don't fly or swim. Brenner amended her motion to amend Comprehensive Plan page 11-34, lines 25- 26, "Most Feg+enal wildlife species regularly use aquatic and riparian habitats for breeding, feeding, shelter, and migratory activities." The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-34, lines 46 through Comprehensive Plan page 11-35, line 5, "Loss of native vegetation through conversion to ornamental vegetation and non-native species e€ten can results in loss of wildlife habitat, increased competition to native wildlife from introduced species such as starlings, and increased maintenance needs. Loss of native vegetation also can occur through invasions of non-native species, such as the spread of Spartina, which can drastically displace important native eelgrass and mudflat communities." The motion was seconded. Councilmembers discussed whether converting native vegetation to nonnative ornamental vegetation always results in the loss of wildlife habitat. The motion carried by the following vote: Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) Nays: Mann and Browne (2) Brenner moved to amend Comprehensive Plan page 11-35, lines 12-15, "Decline in wild salmonid abundances have been attributed to widespread loss and degradation of habitat, due to hydropower, residential and urban development, agriculture, aprd forestry, and fishing and hatchery production. te es-.„ Special Committee of the Whole, 7/12/2016, Page 8 307 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 was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-35, lines 27-28, "Marine habitats include all salt water bodies and their shorelines, kelp and micro algae beds, eelgrass meadows, salt marshes, beaches, and mudflats." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-36, lines 16-22, "The primary measure of water quality for shellfish harvesting is bacterial contamination associated with hungan sewage and aningal wastes fecal coliform. There are many -Ppotential sources of fecal bacteria, such as include municipal sewage treatment plants, on -site sewage systems, boat waste, farm animals, pets, and wildlife. Since 1995, valuable shellfish beds in Portage Bay and Drayton Harbor have been downgraded (harvest prohibited) due to non - point pollution impacting recreational, tribal, and commercial harvesting." The motion was seconded. Councilmembers discussed whether they need to identify the sources of bacterial contamination. Brenner amended her motion, "...bacterial contamination, asseciated with h Foal sewage and aningal wastes. There are many potential sources...." The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: Donovan (1) Brenner moved to amend Comprehensive Plan page 11-37, lines 37-39, "GFewth Development and urbanization of the land base have and may continue to "impese a Fiskue result in the degradation and reduction of natural systengs ecosystem functions. Wetlands and estuaries continue to be lost incrementally." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Sidhu moved to amend Comprehensive Plan page 11-38 to delete lines 9-19, Special Committee of the Whole, 7/12/2016, Page 9 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. 01,1411111101161-11111 -will i The motion was seconded. Councilmembers discussed whether the topic is adequately covered in other sections of the plan, recent changes don't cause all the problems that are mentioned, and whether the existing statement is true. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) Brenner moved to amend Comprehensive Plan page 11-38, line 20, new paragraph: "Agriculture can enhance or restore ecosystems as undeveloped open spaces and appropriate forestry practices can, and do in many cases provide shade and cool water for salmon habitat and stabilize banks. With agriculture and forestry being so important to our survival, it is imperative we acknowledge this in our environmental chapter." The motion was seconded. Councilmembers discussed whether the statement is accurate and not targeting the agriculture and forestry industries. Brenner amended her motion to amend Comprehensive Plan page 11-38, line 20, new paragraph, "Agriculture can enhance OF Festere ecesystengs as Undeveloped epeR sees and appropriate forestry practices can, and do in many cases provide shade and cool water for salmon habitat and stabilize banks. With agriculture and forestry being so important to our survival, it is imperative we acknowledge this in our environmental chapter." The motion failed by the following vote: Ayes: Donovan, Brenner, and Sidhu (3) Nays: Mann, Browne, Buchanan, and Weimer (4) Brenner moved to amend Comprehensive Plan page 11-38, lines 21-26, "Finally, Finally, a healthy and functioning ecosystem, including forests, wetlands, fish, wildlife, and native plants they harbor, is an identified resource. A healthy ecosystem supports diverse and abundant wildlife, fish, and plant populations, and is necessary. The gathering of fish, game, and other natural resources forms a central aspect Special Committee of the Whole, 7/12/2016, Page 10 309 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. of many cultures in Whatcom County. The mere presence of these natural resources constitutes a community amenity that is a substantial part of our local economic base." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-38, Policy 11L-1, "Define and identify habitats and habitat features impeFtant te a balanced and sustainable web ef life that supperts fish and wildlife. Define and identify species, habitats, and habitat features important to a balanced and sustainable web of life, biodiversity, and especially important to fish, native plants, and wildlife. Create, and regularly update an Ecosystem Report." The motion was seconded. Cliff Strong, Planning and Development Services Department, stated a goal of the Wildlife Advisory Committee staff person is to create an ecosystem report. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-38, Policy 11L-2, "Develop and adopt programs that protect habitats essential to the conservation of species that have been identified as endangered, threatened, or sensitive by the state or federal government as well as habitats identified as necessary in the Ecosystem Report. These programs should maintain and encourage restoration of habitat conditions for listed species of concern, as well as habitats identified as having significant biodiversity, connectivity and other important features and functions." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Councilmembers discussed whether they need to define what should be included in the ecosystem report. Brenner moved to amend Comprehensive Plan page 11-38, Policy 11L-3, "Develop and adept PFE)gFaMS that PFeVid-e incentives for t#e protection of environmentally fragile areas or critical plant and wildlife habitats and Frig .".. as well as habitats that provide connectivity (corridors)." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 310 Special Committee of the Whole, 7/12/2016, Page 11 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. Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-39, Policy 11L-7, "Promote voluntary fish and wildlife habitat enhancement projects through educational and incentive programs, such as purchase of development rights or habitat conservation easements. These projects, which can be done by individuals, organizations, and businesses, sheFd will buffer and expand fish, plant, and wildlife habitat." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-39, Policy 11L-8, "Give careful consideration to the siting of industrial, commercial, residential, and other land use designations when located near important marine, terrestrial, or other critical habitats." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-39 to create a new policy, 1111L-14: Consider the value of wildlife populations in land use decisions that may impact them, their associated habitats, and connectivity." The item was seconded. Strong suggested language, "Consider the value of wildlife populations, their associated habitats, and connectivity in land use decisions that may impact them." Brenner accepted the suggestion from Mr. Strong and restated and amended the motion to amend Comprehensive Plan page 11-39 to create a new policy, "11L-14: Continue to consider the value of wildlife populations, their associated habitats, and connectivity in land use decisions that may impact them." The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Weimer moved to amend Comprehensive Plan page 11-39 to create a new policy, "11L-15: Mitigation to Habitat Conservation Areas should be tracked and monitored to ensure no net loss to natural area." The motion was seconded. Councilmembers discussed to what level staff does any wildlife habitat monitoring, what the cost may be to do such monitoring, including it in the critical areas ordinance, Special Committee of the Whole, 7/12/2016, Page 12 311 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. whether the policy should include wetlands mitigation, and how habitat conservation areas are designated. Strong answered questions. Brenner moved to table to get more information. The motion to table was not seconded. The motion carried by the following vote: Ayes: Mann, Browne, Buchanan, Weimer and Donovan (5) Nays: Brenner and Sidhu (2) Weimer moved to amend Comprehensive Plan page 11-39 to create a new policy, "11L-16: Monitor Habitat Conservation Areas to obtain a baseline of current conditions and to ensure no net loss and avoidance of cumulative impacts." The motion was seconded. The motion carried by the following vote: Ayes: Mann, Browne, Buchanan, Weimer and Donovan (5) Nays: Brenner and Sidhu (2) Brenner moved to amend Comprehensive Plan page 11-40, Goal 11M, "Protect and enhance natuFa' _yst_ngs ecosystems that support native fish, plant, and wildlife populations and habitat." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Sidhu moved to amend Comprehensive Plan page 11-40, Policy 11M-2, "Protect a+�d ^cnh n;ee significant fish spawning and rearing habitat, food resources, refugia (shelter), and travel passages." The motion was seconded. Councilmembers discussed whether they are asking the County or citizens to do the protection and enhancement, removing debris that blocks culverts, and whether or not the County could compel citizens to provide enhanced fish habitat. Sidhu amended his motion to amend Comprehensive Plan page 11-40, Policy 11M- 2, "Support the protection and enhancement of PFeteeand enhan significant fish spawning and rearing habitat, food resources, refugia (shelter), and travel passages." The new motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) 312 Special Committee of the Whole, 7/12/2016, Page 13 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. Nays: None(0) Brenner moved to reconsider the motion to amend Comprehensive Plan page 11- 40, Goal 11M, "Protect and enhance natUFal systengs ecosystems that support native fish, plant, and wildlife populations and habitat." The motion to reconsider was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to reconsider the motion to amend Comprehensive Plan page 11- 40, Goal 11M, "Support the protection and enhancement of PFeteet and enhance natUFal systengs ecosystems that support native fish, plant, and wildlife populations and habitat." The motion was seconded. Councilmembers discussed the broader goal of protecting and enhancing ecosystems. The motion failed by the following vote: Ayes: Brenner, Mann, and Browne (3) Nays: Donovan, Sidhu, Buchanan, and Weimer (4) Sidhu moved to amend Comprehensive Plan page 11-40, Policy 11M-10, "Encourage landowners to voluntarily protect surface water quality with filter strips or other appropriate water cleansing mechanisms installed between lawns, landscaping, livestock pens, or agricultural fields and waterbodies." The motion was seconded. Councilmembers discussed whether there are any non -voluntary efforts. Strong answered questions. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-41, Policy 11M-11: Formulate and implement a comprehensive, landscape -based, environmental management program to protect fish and wildlife. The program should include the following: 1. Formulate an administrative approach to the review of development and planning proposals that consider natural system policies-.1 2. Investigate and develop programs for acquisition and restoration of important fish, plant, and wildlife habitat areas..-1 3. Work cooperatively with local, state, and federal jurisdictions and departments (such as the Department of Natural Resources, Special Committee of the Whole, 7/12/2016, Page 14 313 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. Department of Fish and Wildlife, and Department of Ecology), tribal entities, local jurisdictions, organizations, and individuals for the purpose of developing and entering into cooperative agreements with State and Federal agencies and neighboring jurisdictions few —the garPese s€ to identifying and protecting natuFal systems ecosystems...; 4. Identify and map important habitat corridors and connectivity throughout the county..-; and 5. Support the development of educational materials which lists, describes, and characterizes the appropriate use of native vegetation to enhance natuFal systengs ecosystem functions in Whatcom County. The motion was seconded. Councilmembers discussed whether the proposed new language in item three duplicates the existing language in item three. Brenner amended her motion: Formulate and implement a comprehensive, landscape -based, environmental management program to protect fish and wildlife. The program should include the following: 1. Formulate an administrative approach to the review of development and planning proposals that consider natural system policies..-1 2. Investigate and develop programs for acquisition and restoration of important fish, plant, and wildlife habitat areas..." 3. Develop and enter into cooperative agreements with State and Federal agencies and neighboring jurisdictions fei= the pui=pese ef to identifyiing and protecting natural _ stengs ecosystems..; 4. Identify and map important habitat corridors and connectivity throughout the county...; and 5. Support the development of educational materials which lists, describes, and characterizes the appropriate use of native vegetation to enhance natLiFal systengs ecosystem functions in Whatcom County. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-41, Policy 11M-13, "Diligently work to prevent and/or reduce the establishment and/or thre spread of invasive species." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-41 to create a new policy, "11M-15: Participate in protection and improvement of biodiversity." 314 Special Committee of the Whole, 7/12/2016, Page 15 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 was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-41 to create a new policy, "11M-16: Consider establishing important habitat areas as sending areas after creating a voluntary, workable transfer of development rights (TDR) program." The motion was seconded. Councilmembers discussed whether the habitat areas would have to be sent to another habitat sending area and whether the County can provide more development rights than the zone allows if the owner agrees to clustering. Personius answered questions. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Donovan moved to amend Comprehensive Plan page 11-43 to create a new policy and renumber subsequent policies, "11N-6: Mitigation of wetlands should be reviewed and tracked over time to ensure no net loss of wetland function." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Weimer moved to amend Comprehensive Plan page 11-43 to create a new policy, "11N-9: A baseline of wetland ID and function should be made to track and prevent net loss and avoid cumulative impacts." The motion was seconded. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None (0) Abstains: Brenner (1) Brenner moved to amend Comprehensive Plan page 11-42, lines 6-10, "Wetlands are crucial environmental features in Whatcom County. Once thought ef as waste aFeas ar'd unpredHetive lands, it is now knewn that _Wetlands provide invaluable functions in aquifer recharge, groundwater storage, floodwater detention, pollutant removal and purification of water supplies, as well as provision of fish and wildlife habitat." The motion was seconded. Special Committee of the Whole, 7/12/2016, Page 16 315 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. Councilmembers discussed whether they need to include this type of historical information. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6) Nays: Browne (1) Sidhu moved to amend Comprehensive Plan page 11-42, lines 10-12, "Loss of wetlands has been due to many factors ineluding UFbanizatien, especially urbanization." Donovan suggested language, "Loss of wetlands has been due to many factors, including urbanization, agricultural development, and associated drainage projects." Councilmembers discussed emphasizing urbanization and de-emphasizing agricultural impacts. The motion was seconded. The motion failed by the following vote: Ayes: Brenner (1) Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Donovan moved to amend Comprehensive Plan page 11-42, lines 10-12, "Loss of wetlands has been due to many factors including urbanization, and agricultural development, and drainage projects." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-44, Goal 110, "Protect and enhance marine ecosystems and resources in Whatcom County." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-45; Policy 11P-2: Restore degraded waters within the drainage basins of shellfish growing areas to a level that allows/supports shellfish harvesting by work with the Department of Ecology, Tribes, Department of Health, Department of Fish and Wildlife, and affected property owners to improve water quality." The motion was seconded. 316 Special Committee of the Whole, 7/12/2016, Page 17 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. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-7, Policy 11A-4, "Manage designated Critical Areas (EEAs) as needed, as needed to minimize or protect against environmental degradation and reduce the potential for losses to property and human life." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, and Weimer (4) Nays: Mann and Buchanan (2) Absent: Donovan out of the room (1) Brenner moved to amend Comprehensive Plan page 11-8, line 38, through page 11-9, line 2, "There are currently a multitude of regulations and administrative processes at the federal, state and local level that together have become excessive and difficult to understand. Conflicting regulations and complicated administrative processes can create undue hardship on community members and result in reduced levels of environmental protection. The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Donovan (2) Nays: Mann, Browne, Buchanan, Sidhu and Weimer (5) Brenner moved to amend Comprehensive Plan page 11-11, lines 29-30, "Higher winter streamflow in rain -fed river basins if winter precipitation and Fain en snew events increases in the future as projected." The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) Brenner moved to amend Comprehensive Plan page 11-12, beginning on line four: "In 2007, Whatcom County completed a Climate Protection and Energy Conservation Action Plan that laid out specific actions and targets for reducing greenhouse gas emissions and increasing energy conservation efforts in response to potential climate change. Increase research and implementation Special Committee of the Whole, 7/12/2016, Page 18 317 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. of desalination with many other coastal communities to potentially provide more potable water and offset the impacts of climate change. In addition many insurance industry experts are now factoring in the costs of climate change into insurance premiums as the increase in the frequency and severity of extreme weather events around the world results in a corresponding increase in claims costs. Local government, residents and businesses must anticipate, thet as the climate changes, more frequent and severe damage to private and public infrastructure w44 may occur. Maintenance costs and insurance premiums earn be expeete may increase accordingly." The motion was seconded. Councilmembers discussed whether they should implement desalination, how to connect the impact of climate change with desalination, whether the County should research and implement desalination without being a water purveyor, and whether climate change is real. Brenner amended her motion, "...n,erease Collect research related to the implementation of...." The motion failed by the following vote: Ayes: Brenner (1) Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Sidhu moved to amend Comprehensive Plan page 11-12, Policy 11D-1, "Whatcom County's natural resource -based economic sectors, natural systems, water resources, infrastructure, emergency management, and public health all face climate change related risks in the future. The County should consider potential long-range climate change implications into its on -going functional planning and implementation actions." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Sidhu moved to amend Comprehensive Plan page 11-17, lines 1-6, "Volcanos - A volcanic eruption or mudflow at Mount Baker could potentially severely affect river flow on the Nooksack River or Baker River and cause severe property damage near the volcanoes or along lahar routes. A lahar is an extremely rare and unpredictable occurrence. Evacuation routes should be planned and made public. Development should be regulated according to the Critical Areas Ordinance." The motion was seconded. Councilmembers discussed future plans to address lahar issues. 318 Special Committee of the Whole, 7/12/2016, Page 19 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, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan page 11-18 to restore Policy 11F-5, "Allow permitted uses that do net FeqHiFe human habitatieff, so long as probable adverse off - site impacts to other properties or natural systems (those impacts resulting from the interaction of the natural hazard and the proposed development) are minimized or mitigated. Probable adverse impacts should be prevented or avoided in habitats of state or federally listed sensitive plant and animal species." The motion was seconded. Personius stated delete this policy, because it acts as if it is a regulation. Brenner withdrew her motion. Councilmembers discussed the need for a local water bank. (The Committee continued to amend the Chapter at the end of the meeting.) COMPREHENSIVE PLAN APPENDICES 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON THE FOLLOWING COMPREHENSIVE PLAN APPENDICES (AB2016-047L): APPENDIX A, GLOSSARY; APPENDIX B, ACRONYMS; APPENDIX C, COUNTYWIDE PLANNING POLICIES; APPENDIX D, BIBLIOGRAPHY; APPENDIX E, WC 20 YEAR CAPITAL FACILITIES PLAN; APPENDIX F, SIX -YEAR CAPITAL IMPROVEMENT PROGRAM; APPENDIX G, WATER RESOURCES & SALMON RECOVERY (DELETING TRANSPORTATION IMPACT FEE BACKGROUND INFORMATION AND REPLACING WITH A NEW APPENDIX G RELATING TO WATER RESOURCE AND SALMON RECOVERY PROGRAMS, WHICH WILL BE DISCUSSED WITH CHAPTER 11, ENVIRONMENT); APPENDIX H, AIRPORT OVERLAY ZONES; APPENDIX I, IMAGINARY SURFACES Appendix A Brenner moved to amend Comprehensive Plan Appendix A, page A-1, 'Cluster Development: Cluster Development provides the flexibility to maintain open space and plan around distinctive site features or constraints. by eClustering development on smaller lots than conventional development creates a reserve tract, while maintaining the same overall density. As a result, an undeveloped tract is created, while maintaining the same overall density." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Special Committee of the Whole, 7/12/2016, Page 20 319 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. Nays: None(0) Personius answered questions on the difference between legal lots of record and tax lots that have been divided. Brenner moved to amend Comprehensive Plan Appendix A, page A-6, "Natural Resource Lands: ^'atHFal Rene. Fee Lands Ondu #e including agricultural, forestry, and mineral resource lands that are not already characterized by urban growth and that have long-term significance for the commercial production of food or other agricultural products, for the commercial production of timber, a+�d or that have long-term significance for the extraction of minerals." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Councilmembers discussed whether there can be subdivisions of local government and whether public utilities are subdivisions of local governments. Mann moved to approve proposed amendment items nine through 37, which concern comma use, capitalization, and other grammatical changes. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Appendix B Councilmembers discussed the list of acronyms. Personius answered questions. Staff doesn't have any issue with including the items. Mann moved to approve the list of acronyms numbered 1-33 on Council packet page 603-604: 1. ADU Accessory Dwelling Unit 2. AG Agricultural zone 3. CF Commercial Forestry zone 4. CTAC Citizens' Transportation Advisory Committee 5. L&I Washington State Department of Labor and Industries 6. DOC Department of Corrections 7. DUI Driving Under the Influence 8. EIS Environmental Impact Statement 9. GC General Commercial Zoning 10. GM General Manufacturing Zoning 11. HII Heavy Impact Industrial Zoning 12. HUD United States Department of Housing and Urban Development 320 Special Committee of the Whole, 7/12/2016, Page 21 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. 13. LID Local Improvement District 14. LII Light Impact Industrial Zoning 15. MW Megawatt 16. NC Neighborhood Commercial Zoning 17. R Rural Zoning 18. RC Rural Commercial Zoning 19. RF Rural Forestry Zoning 20. RR -I Rural Residential - Island Zoning 21. RR Residential Rural Zoning 22. R2A Rural Zoning; 1 Unit / 2 Acres 23. R5A Rural Zoning; 1 Unit / 5 Acres 24. R10A Rural Zoning; 1 Unit / 10 Acres 25. SMAC Surface Mining Advisory Committee 26. SR9 State Route 9 27. SR547 State Route 547 28. SVCA Sudden Valley Community Association 29. TC Tourist Commercial Zoning 30. TDR Transfer of Development Rights 31. UR Urban Residential Zoning 32. WCC Whatcom Community College 33. WCCP Whatcom County Comprehensive Plan 34. WWU Western Washington University The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Appendix E Mann moved to amend Comprehensive Plan Appendix E, page E-11, "Maintain Sheriff's Office adult corrections facilities and headquarters to provide a safe environment for the community, staff and inmates... Existing facilities may be expanded, remodeled, and/or new facilities developed in response to inereasing changing need." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Mann moved to amend Comprehensive Plan Appendix E, page E-11, ""Future Needs": Most Sheriff's Office functions are currently based in the Public Safety Building adjacent to the Courthouse and are remote from the majority of Sheriff's Office Bureau of Law Enforcement and Investigative Services functions that take place in unincorporated Whatcom County. This results in inefficiencies and delays. Space and design factors in current facilities preclude consolidating various functions performed throughout the agency (reception, finance, etc.) and result in redundancies. Beeause—ef these issues , existing Special Committee of the Whole, 7/12/2016, Page 22 321 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 was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Mann moved to amend Comprehensive Plan Appendix E, page E-11, ""Capital Projects and Funding": A new or remodeled Sheriff's Headquarters facility, ee leeated with the pFepesed new jam! en LaBeunty Rd. on , is proposed within the six -year planning period. The SheFiff's bond PFOeeeds that weLild be repaid freng the Genera' FLi if The motion was seconded. Brenner suggested a friendly amendment, "...new, expanded, or remodeled...." Mann accepted the friendly amendment. Councilmembers discussed where a jail will be located and how much it will cost. Personius stated include language about the location and cost. Tyler Schroeder, Executive's Office, answered questions about location, cost estimates, proposed funding sources, whether the amendment would be inconsistent with the capital facilities plan, and whether there would be harm if this section were silent on location and cost. Mann amended his motion, ""Capital Projects and Funding": A new, expanded, or remodeled Sheriff's Headquarters facility, "d on Feffidale, is proposed within the six -year planning period. T#e A new Sheriff's Headquarters facility would cost approximately $19 million, paid with bond proceeds that would be repaid from the General Fund." The motion as amended was seconded. Bill Elfo, County Sheriff, described planned efficiencies from co -locating the Sheriff's Office services to reduce operational needs and costs. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Brenner (1) Mann moved to reconsider the motion to amend Comprehensive Plan Appendix E, page E-11. The motion to reconsider was seconded. The motion to reconsider carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 322 Special Committee of the Whole, 7/12/2016, Page 23 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. Mann moved to amend Comprehensive Plan Appendix E, page E-11, "Future Needs": Most Sheriff's Office functions are currently based in the Public Safety Building adjacent to the Courthouse and are remote from the majority of Sheriff's Office Bureau of Law Enforcement and Investigative Services functions that take place in unincorporated Whatcom County. This results in inefficiencies and delays. Space and design factors in current facilities preclude consolidating various functions performed throughout the agency (reception, finance, etc.) and result in redundancies. Because of these issues, existing Sheriff's Office facilities and associated functions will be consolidated (except for "Resident Deputy" program facilities), and may be co -located en the site ef the pFep with the new jail." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Mann moved to amend Comprehensive Plan Appendix E, page E- 12, "Maintain adequate facilities for daily emergency management activities and, during an emergency or disaster, for the emergency operations center. The facilities will provide sufficient space for activities relating to emergency/disaster planning, mitigation, response and recovery. Existing facilities may be expanded, remodeled, and/or new facilities developed in response to +HeFeasing changing need." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Mann moved to amend Comprehensive Plan Appendix E, page E-13, "Maintain Sheriff's Office adult corrections facilities and headquarters to provide a safe environment for the community, staff and inmates. The number of jail beds in adult corrections facilities will be determined after review of multiple factors, including projected population growth, State sentencing laws, alternative programs, treatment diversion programs, early release programs, the need to separate violent inmates, the need to separate inmates by gender, the need to separate inmates by other classification considerations, average length of stay, peak inmate populations and available funding. Existing facilities may be expanded, remodeled, and/or new facilities developed in response to Ong changing need." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Mann moved to amend Comprehensive Plan Appendix E, page E-13 at the bottom of page through the top of page E-14: Special Committee of the Whole, 7/12/2016, Page 24 323 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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. As an interim measure, existing correction facility improvements are planned so that these buildings can continue to function until the new or remodeled jail is completed. The cost of the improvements to the existing jail facilities is approximately $3,000,000, which would be paid from the Jail Improvement Fund and the General Fund." Councilmembers discussed whether the amendment creates a conflict with the capital facilities plan. Schroeder answered questions on the purpose of the capital facilities plan. Mann amended his motion: "In an effort to meet the community need, the County plans to construct a new, expanded, and/or remodeled Adult Corrections Facility . 0 n Ferndale, tentatively seheduled te epen with 521 beds within the six -year planning period. , the effendeFS at the The cost of the prepesed n }ai-E Facility is approximately $112,000,000, which weuld has been proposed to be paid for with bond proceeds that would be repaid with new sales tax. As an interim measure, existing correction facility improvements are planned so that these buildings can continue to function until the new or remodeled jail is completed. The cost of the improvements to the existing jail facilities is approximately $3,000,000, which would be paid from the Jail Improvement Fund and the General Fund." The motion was seconded. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None (0) Abstains: Brenner (1) Mann moved to amend Comprehensive Plan Appendix E, page E-15, "Maintain juvenile detention facilities and alternative corrections programs to provide safe and secure methods to provide accountability and support for minors who break the law. Existing facilities may be expanded, remodeled, and/or new facilities developed in response to + ereas+r� . changing need." The motion was seconded. 324 Special Committee of the Whole, 7/12/2016, Page 25 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. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 11, ENVIRONMENT (AB2016-047K) Donovan moved to approve a new policy, "111-7: Encourage the Department of Ecology to provide flexibility in the application of the water relinquishment rule simultaneous with establishing a water bank/water exchange program in Whatcom County in cooperation with stakeholders." The motion was seconded. Councilmembers discussed whether the amendment should encourage elimination of the rule completely. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Brenner (1) OTHER BUSINESS The committee and staff discussed the Comprehensive Plan approval timeline. Buchanan announced the Committee of the Whole will meet again on Thursday, July 14, at 1:00 p.m. ADJOURN The meeting adjourned at 4:56 p.m. The Council approved these minutes on , 2017. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Barry Buchanan, Council Chair Special Committee of the Whole, 7/12/2016, Page 26 325 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 Committee of the Whole July 14, 2016 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 1:02 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: None. PUBLIC COMMENT 1. AUDIENCE MEMBERS ARE INVITED TO COMMENT ON THE FOLLOWING CHAPTERS AND APPENDICES OF THE WHATCOM COUNTY COMPREHENSIVE PLAN: APPENDIX F, 6-YEAR CAPITAL IMPROVEMENT PROGRAM; APPENDIX G, WATER RESOURCES & SALMON RECOVERY; CHAPTER 7, ECONOMICS; CHAPTER 11, ENVIRONMENT No one spoke. COMPREHENSIVE PLAN APPENDICES 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON THE FOLLOWING COMPREHENSIVE PLAN APPENDICES (AB2016-047L): APPENDIX F, SIX -YEAR CAPITAL IMPROVEMENT PROGRAM; APPENDIX G, WATER RESOURCES & SALMON RECOVERY (DELETING TRANSPORTATION IMPACT FEE BACKGROUND INFORMATION AND REPLACING WITH A NEW APPENDIX G RELATING TO WATER RESOURCES AND SALMON RECOVERY PROGRAMS) Appendix F Forrest Longman, Council Office, stated they are working from the version he submitted to Council on July 14 at 11:30 a.m. (on file). Brenner moved to amend Comprehensive Plan Appendix F, the Proposed Improvements Projects table on page F-13, to remove the demolition of the Northwest Annex. She described the history of the building. The motion was seconded. 326 Special Committee of the Whole, 7/14/2016, 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 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. Mark Personius, Planning and Development Services Department, answered questions. Councilmembers discussed the possibility of remodeling the building rather than demolishing it, how specific the capital improvement program needs to be in this table, plans for a roundabout at the Northwest Annex intersection, other possible uses for the Northwest Annex building and land, whether old buildings need to meet code standards, using grant money to remodel the building, and whether the listed funding sources in the table are binding. Brenner amended her motion to change language for the Northwest Annex on the Proposed Improvements Projects table, "n maintenance." The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Donovan (6) Nays: Weimer (1) Mann moved to amend Comprehensive Plan Appendix F, pages F-14 through F-15: "Future Needs Most Sheriff's Office functions are currently based in the Public Safety Building adjacent to the Courthouse and are remote from the majority of Sheriff's Office Bureau of Law Enforcement and Investigative Services functions that take place in unincorporated Whatcom County. This results in inefficiencies and delays. Space and design factors in current facilities preclude consolidating various functions performed throughout the agency (reception, finance, etc.) and result in redundancies. Because of these issues, existing Sheriff's Office facilities and associated functions will be consolidated (except for "Resident Deputy" program facilities), and ce leeated on the site of the pFepesed new jam! may be co -located with the jail. Proposed Improvement Projects A new, expanded, or remodeled Sheriff's facility is proposed within the six year planning period. e A new Sheriff's Headquarters...." T# Councilmembers discussed whether the general fund will pay a bond for the Sheriff's headquarters. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Councilmembers discussed whether it's a problem for staff to remove the table regarding Proposed Improvement Projects. Special Committee of the Whole, 7/14/2016, Page 2 327 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 moved to amend Comprehensive Plan Appendix F, page F-17; Existing Jai/ Beds table to change the jail bed count of the public safety building from 283 to 212 and to change the total number of beds accordingly. The motion was seconded. Councilmembers discussed the capacity of the public safety building. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Mann moved to amend Comprehensive Plan Appendix F, page F- 16, "Maintain adequate facilities for daily emergency management activities and, during an emergency or disaster, for the emergency operations center. The facilities will provide sufficient space for activities relating to emergency/disaster planning, mitigation, response and recovery. Existing facilities may be expanded, remodeled, and/or new facilities developed in response to wing changing need." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Mann moved to amend Comprehensive Plan Appendix F: • Page F-17, "Maintain Sheriff's Office adult corrections facilities... available funding. Existing facilities may be expanded, remodeled, and/or new facilities developed in response to wing changing need." • Page F-18, , the Geunty plans te tentatively scheduled te epen with 521 beds. At the tinge this i9ew jam! is - As an interim measure, existing correction facility improvements are planned so that these buildings can continue to function until the jail is expanded, remodeled, and/or new facilities developed in response to +nffeasing changing need. sales tax, the jail impFevement fund, and the geneFal fund as shewn These cests weu'd be paid with bend preceeds that weuld be Fepaid- vvith a • Page F-19, "Maintain juvenile detention facilities and alternative corrections programs to provide safe and secure methods to provide accountability and support for minors who break the law. Existing facilities may be expanded, remodeled, and/or new facilities developed in response to increasing changing need." The motion was seconded. 328 Special Committee of the Whole, 7/14/2016, 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. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Appendix G Brenner moved to return all of Appendix G to Chapter 11. The motion was seconded. Councilmembers discussed the reason language was moved to Appendix G. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan Appendix G, page G-2, lines 27-35: 'The WRIA 1 Joint Policy Boards are comprised of members of the WRIA 1 Joint Board and Salmon Recovery Board. This organizational level interacts with federal, state, and regional organizations at a policy -level and PFeVides to coordinate the implementation and management of the WRIA 1 Watershed Management Plan - Phase 1, the WRIA 1 Salmonid Recovery Plan and other related activities. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan Appendix G, page G-3, lines 24-28: "2005 WRIA 1 Watershed Management Plan - Phase One The 2005 WRIA 1 Watershed Management Plan was eengpleted approved in 2005 threugh the eeeperatien ef leeal stakehelders and gevernments by the Joint Administrative Board, Planning Unit (by consensus), and the County Council. Pursuant to subsequent state requirements, a WRIA 1 Watershed Detailed Implementation Plan was approved by the Joint Administrative Board, Planning Unit, and County Council in 2007. It provides a roadmap for addressing water quantity, water quality, instream flow, and fish habitat challenges." Special Committee of the Whole, 7/14/2016, Page 4 329 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. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan Appendix G, page G-5, line 29-32, "Capacity problems in the district's sewer line, which serves Geneva and Sudden Valley, have caused overflows into the lake in the past. An aggressive program to preclude stormwater infiltration hasped reduced the overflow problems to a large extent." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan Appendix G, page G-6; line 30-36, "A significant cause of declining oxygen levels has been from residential development in the watershed. Past development permitted by the City of Bellingham and Whatcom County has led to increased phosphorus loading into the lake, which stimulates algae growth. Bacteria that consume the dying algae deplete the dissolved oxygen, leading to lower oxygen levels in the lake. phespheFus leading te the lake." The motion was seconded. Councilmembers discussed the level that forestry practices contribute phosphorous to Lake Whatcom and the watershed, and the differences between old and current forestry practices. The motion failed by the following vote: Ayes: Brenner and Mann (2) Nays: Sidhu, Browne, Buchanan, Weimer and Donovan (5) Brenner moved to amend Comprehensive Plan Appendix G, page G-8, lines 5-10, "The joint resolution included goals for watershed management that extended beyond urbanization. Goals were included for stormwater management, on -site waste systems, conservation, forest management, spill response, hazardous materials transport and handling, data/information management, education/public involvement, and other topics. A joint strategy was weed to approved for developing specific plans to meet the adopted goals." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 330 Special Committee of the Whole, 7/14/2016, 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. Brenner moved to amend Comprehensive Plan Appendix G, page G-12, lines 1-5, "The primary purpose of the FCZD is flood hazard management. Revenue generated for this purpose is accomplished in two ways: (1) a county -wide uniformly applied serviee charge tax; and, (2) supplemental revenue generated within localized Diking Districts and Sub - Flood Districts where specific local project activity is planned." The motion was seconded. Councilmembers discussed taxes versus levies. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan Appendix G, page G-12, lines 24-26, "Whatcom County's Critical Areas Regulations aim to protect people and property in Frequently Flooded Area (FFAs) by requiring that any development in these areas conforms to WCC Title 17, Flood Damage Prevention." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan Appendix G, page G-13, lines 15-26, "The current Permit boundary covers approximately 15,000 acres and generally includes the following areas: • Birch Bay Urban Growth Area , Additionally, though not within the NPDES permit area, the County has made —the entire Lake Whatcom watershed subject to the illicit discharge detection and elimination requirements of the Permit through ordinance and agreement with the Department of Ecology." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan Appendix G, page G-16, lines 34-38, "The WRIA 1 Salmonid Recovery Plan (2005), a chapter of the Puget Sound Salmon Recovery Plan, guides restoration in the Nooksack River and adjacent watersheds. This plan was developed in partnership with Nooksack Tribe, Lummi Nation, Washington Department of Fish and Wildlife, Bellingham, Whatcom County Government and the small cities of Whatcom County." The motion was seconded. Special Committee of the Whole, 7/14/2016, Page 6 331 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, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Weimer moved to approve items 11 through 35 as shown beginning on packet page 62 and are regarding comma use and other grammatical changes. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) COMPREHENSIVE PLAN CHAPTER 7, ECONOMICS 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 7, ECONOMICS (AB2016-047G) Mann moved to amend Comprehensive Plan page 7-10, Policy 7A-2, "Foster a diverse, private -sector job base, which will provide family -wage jobs at the state median income level or greater, and facilitate the retention and expansion of existing businesses. Ad=� .,I=ewth, and eeenengie Fes"meney than these that spend heavily en FeeFuitn9ent.- The motion was seconded. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Abstains: Brenner (1) Mann moved to amend Comprehensive Plan page 7-11, Policy 7A-3, "Employ innovative techniques to recruit and develop a diversified mix of businesses for a broader economic base, starting with the creation of a new economic development program to be funded ideally with monies collected under RCW 82.14.370. This program will be governed by a sunset provision whereby it will automatically terminate after seven years if it was not able to document its efforts were contributing to an equal or greater number of new jobs for the money invested in it, compared to other economic development projects funded by the community." The motion was seconded. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Abstains: Brenner (1) 332 Special Committee of the Whole, 7/14/2016, Page 7 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. Mann moved to amend Comprehensive Plan page 7-12 to create a new policy, "7B-6: A forward focused marketing strategy and a professional outbound lead generation program shall solicit inward investment from targeted industry sectors that are forecast to provide growth in the type of family wage jobs that the community is well positioned to support. : The program shall provide these leads to organizations such as Team Whatcom, the Port, non -profits, and private sector partners that offer the best fit based on the nature of the lead and the partners commitment to continuously demonstrate/verify high levels of responsiveness and customer satisfaction." The motion was seconded. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Abstains: Brenner (1) Mann moved to delete the proposed new policy 7B-8. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) COMPREHENSIVE PLAN CHAPTER 11, ENVIRONMENT 1. DISCUSSION AND PRELIMINARY COUNCIL DIRECTION ON COMPREHENSIVE PLAN CHAPTER 11, ENVIRONMENT (AB2016-047K) Brenner moved to amend Comprehensive Plan page 11-26 to amend a previously - approved new policy, "11H-8: Identify and/or update wellhead protection areas and critical aquifer recharge areas and incorporate into the Critical Areas Ordinance. This information should be available to the public." The motion was seconded. Councilmembers discussed the inaccuracy of the Department of Ecology well database. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to reconsider an amendment approved on July 12 to Comprehensive Plan page 11-30 to create new policy 111-7. The motion was seconded. The motion to reconsider carried by the following vote: Special Committee of the Whole, 7/14/2016, Page 8 333 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. Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Donovan restated the motion that was approved on July 12 to create a new policy, "11J-7: Encourage the Department of Ecology to provide flexibility in the application of the water relinquishment rules simultaneous with establishing a water bank/water exchange program in Whatcom County in cooperation with stakeholders." Councilmembers discussed the current Department of Ecology water bank program. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Brenner (1) Brenner moved to approve proposed amendments to Comprehensive Plan page 11- 39 to amend a new policy, "11L-14: Continue to consider the value of wildlife habitat used in PDS's wildlife habitat mapping for land use planning purposes. This is for wildlife for which habitat conservation areas have been identified." The motion was seconded. Councilmembers discussed a concern that people would be required to map wildlife on their property. Browne suggested a friendly amendment, "...This is not intended to require landowners to fund any additional studies." Brenner accepted the friendly amendment. Forrest Longman, Council Office, restated the motion, "11L-14: Continue to consider the value of wildlife populations for which habitat conservation areas have been identified used in PDS's wildlife habitat mapping, their associated habitats, and connectivity in land use planning that may impact them. This is for wildlife for which habitat conservation areas have been identified." Brenner agreed with the restated motion. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend Comprehensive Plan pages 11-40 and 11-41: • Goal 11M: Protect and enhance natural systengs ecosystems that support native fish, plant, and wildlife populations and habitat. • Policy 11M-11: Formulate and implement a comprehensive, landscape -based, environmental management program to protect fish and wildlife. The program should include the following: • Formulate an administrative approach to the review of development and planning proposals that consider natural system policies...; 334 Special Committee of the Whole, 7/14/2016, Page 9 1 2 3 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 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. • Investigate and develop programs for acquisition and restoration of important fish, plant, and wildlife habitat areas...; The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) OTHER BUSINESS Buchanan announced the meeting on the critical areas ordinance review schedule and the resolution for docketing the Cherry Point Urban Growth Area (UGA) review. Personius reported on updating the draft Comprehensive Plan with all changes for Council introduction on July 26 and a public hearing and Council decision on August 9. ADJOURN The meeting adjourned at 2:24 p.m. The Council approved these minutes on , 2017. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Barry Buchanan, Council Chair Special Committee of the Whole, 7/14/2016, Page 10 335 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 19, 2016 CALL TO ORDER Council Chair Barry Buchanan 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, Satpal Sidhu, Rud Browne, Barry Buchanan, Todd Donovan and Carl Weimer Absent: Ken Mann SURFACE WATER WORK SESSION (AB2016-024) JOINT BOARD / PLANNING UNIT / COORDINATED WATER SYSTEM PLAN (CWSP) UPDATE AND WATER RESOURCES PLANNING STRATEGY Gary Stoyka, Public Works Department, gave an update on the Coordinated Water System Plan, which is scheduled on the Council's July 26 agenda. The Joint Board will discuss the interlocal agreement at its meeting on July 28. He submitted handouts (on file, Exhibits 1 and 2) and described the agenda items on the draft agenda. Councilmembers discussed whether the watershed improvement districts (WIDs) represent the majority of the agricultural community. Stoyka asked the councilmembers' thoughts on including the watershed improvement districts (WIDs) in the Joint Board/Salmon Recovery Board process. Councilmembers continued to discuss the Farm Bureau, the Cattlemen's Association, and the Dairy Federation; all the governments that could be added to the Joint Board process; fairly representing the agricultural interests; giving direction to the Planning Unit; the purpose of the money set aside to fund Planning Unit efforts; putting information on all the water programs onto one website, and; the necessity of having someone post public information to the website. Weimer moved to ask the County Executive and Public Works Department staff to move forward with integrating information on different water programs onto one website, according to the memo from the WRIA 1 Planning Unit to the County Council dated June 22, 2016 (on file, Exhibit 3). The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 336 Surface Water Work Session, 7/19/2016, 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. Nays: None(0) Absent: Mann (1) WATER RESOURCES PLANNING STRATEGY Stoyka submitted and read from a presentation and memo to the County Council from the Water Resources Inventory Area (WRIA) 1 Planning Unit (on file, Exhibits 3 and 4) and answered questions on the consensus of stakeholders about the 2012 water budget, the cost of a contractor working on the groundwater model phases, and the groundwater model process, storing water upstream. Henry Bierlink answered questions about understanding the water budget and groundwater model. OVERVIEW OF FLOOD AND STORMWATER BUDGETS Gary Stoyka, Public Works Department, submitted and read from a presentation (on file, Exhibit 5) and answered questions on hiring people to do data management of water issues, funding an additional farm planner, and the Joint Board's work on groundwater modeling. Kirk Christensen, Public Works Department, continued the presentation on the stormwater program. Paula Harris, Public Works Department, continued and concluded the presentation on the River and Flood program. IMPROVEMENTS TO THE LAKE WHATCOM HOMEOWNERS INCENTIVE PROGRAM Gary Stoyka, Public Works Department, submitted and read from a handout (on file, Exhibit 6) Eli Mackiewicz, City of Bellingham, answered questions and continued the presentation on program design variables. He submitted a handout on the Homeowner Incentive Program (HIP) 2 Incentive Variables Decision Tree (on file, Exhibit 6A). Stoyka and Mackiewicz answered questions on potential barriers, comparisons to the onsite septic system (OSS) program, the City of Bellingham plans for funding, the impacts of lawns, program costs, and focusing on improvements that provide the best benefit for the least cost. ADJOURN The meeting adjourned at 1:03 p.m. The Council approved these minutes on , 2017. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Surface Water Work Session, 7/19/2016, Page 2 337 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 Barry Buchanan, Council Chair 338 Surface Water Work Session, 7/19/2016, 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. WHATCOM COUNTY COUNCIL Special Committee of the Whole July 26, 2016 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 1:30 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Satpal Sidhu, Carl Weimer, Rud Browne and Barry Buchanan. Absent: Ken Mann and Todd Donovan COMMITTEE DISCUSSION 1. DISCUSSION OF THE LAND CAPACITY ANALYSIS REPORT PREPARED BY PLANNING AND DEVELOPMENT SERVICES (AB2016-047N) Gary Davis, Planning and Development Services Department, submitted and read from a handout (on file). He answered questions on the Office of Financial Management (OFM) recommendation for the ideal occupancy rate and the reason for the change in household sizes, including buffer areas in the residential density calculation, the approved land capacity analysis methodology, and who determines buffer size requirements. Linda Twitchell, Building Industry Association, stated the land capacity analysis doesn't account for critical area buffers in residential areas, but it should. Browne stated do a more detailed land capacity analysis that includes regulations that remove land from development potential, such as buffer and infrastructure requirements. Roger Almskaar, consultant, stated that even low density lots can lose development ability from wetlands and buffers. Browne moved to request that Planning and Development Services staff determine how much it would cost for a new land capacity analysis based on current buffers and setbacks. The motion was seconded. Brenner suggested a friendly amendment to find out from the cities what their factors are, the difference in their buffer requirements, and what factors they use to determine their buffers. Special Committee of the Whole, 7/26/2016, Page 1 339 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. Browne accepted the friendly amendment and stated he wants to know what staff resources are required to find out that information. He would like the Planning staff to report on what's involved in terms of time and cost to adjust for setbacks, parking, impervious surfaces, and buffers and how that affects the land capacity analysis. Mark Personius, Planning and Development Services Department, answered questions about the complexity of the request for more information. Weimer stated don't delay approval of this update while they review that information. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, and Weimer (5) Nays: None(0) Absent: Mann and Donovan (2) 2. DISCUSSION OF PROPOSED ORDINANCE ADOPTING DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN AMENDMENTS RELATING TO THE 2016 COMPREHENSIVE PLAN PERIODIC UPDATE (AB2016-047M) Gary Davis, Planning and Development Services Department, gave a staff report. There is no new information. It is scheduled on the Council agenda for introduction. 3. DISCUSSION OF PROPOSED ORDINANCE ADOPTING WHATCOM COUNTY COMP PLAN AMENDMENTS RELATING TO THE 2016 COMPREHENSIVE PLAN UPDATE AND URBAN GROWTH AREA REVIEW, INCLUDING DISCUSSION OF PROPOSED FINDINGS (AB2016-0470) Matt Aamot, Planning and Development Services Department, gave a staff report and referenced additional information submitted earlier with three proposed amendments (on file). He asked the Committee to recommend introducing with these amendments: 1. Appendix E, "raft CWSP" 2. Chapter 8, add note to Map 8-1 regarding agricultural lands designated as natural resource lands of long-term commercial significance 3. Ordinance finding #8, regarding information that the County submitted materials to the State on July 22 that reflect recent Council changes. He answered questions about giving the State 60-days' notice, the areas on map 8- 1 that have no designation, the different areas with prime farmland soil and agricultural lands of long-term commercial significance, and designating agricultural areas with poor agricultural soil in terms of the transfer of development rights (TDR) program areas. 4. DISCUSSION OF PROPOSED ORDINANCE AMENDING THE COMPREHENSIVE PLAN DESIGNATION IN THE SMITH ROAD/GUIDE MERIDIAN AREA FROM RURAL TO RURAL COMMUNITY AND AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RSA TO RIM (SPECIFIED FITTINGS) (AB2016- 242) 340 Special Committee of the Whole, 7/26/2016, 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. Gary Davis, Planning and Development Services Department, gave a staff report. The order of invalidity has been lifted. The County can now consider this with other Comprehensive Plan items. COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL 1. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING AMENDMENTS BY AMENDING RESOLUTION 2016-009 (AB2016-232) Mark Personius, Planning and Development Services Department, gave a staff report. They will add this to the public participation plan at a level 3, which is the highest level of public involvement and includes town hall meetings. Councilmembers discussed applying the bullet items one and five in policy 2CC-2 countywide, not just for Cherry Point; how much longer it would take for the staff and Planning Commission to do that expansion; the fact that policy 2CC-10 doesn't address the 1999 settlement agreement; whether policy 2CC-13 should be amended in terms of possible conflict with 33 USC Sec. 476; the negative tone of the language in the proposed amendments, and; when the Planning Commission will have time to consider the proposed amendments. Karen Frakes, Prosecutor's Office, stated the Planning Commission review will address many of the issues. These proposed Cherry Point amendments are being severed from the original Comprehensive Plan process, which will proceed as scheduled. She answered questions about the legality of the docketing process. Sidhu read a statement into the record (Clerk's Note: See July 26, 2016 County Council meeting minutes for a full transcript of the statement.) Forrest Longman, Council Office, answered questions on timing of Comprehensive Plan amendments. Linda Twitchell, Building Industry Association, stated not all Cherry Point proposed amendments are in this resolution. She asked about scheduling and the timing of the proposed amendments. Brooks Anderson stated the Council needs to give everyone an equal opportunity to speak to the Council. Sandy Robson stated correct the information in Chapter 2 regarding aquatic land leases at Cherry Point. Paula Rotundi stated don't remove the proposed amendments regarding Cherry Point from the Comprehensive Plan. Allow legal input from other groups. Amy deVera, Environmental Resource Management, referenced and a read a letter submitted from the BP Cherry Point Refinery (on file). Weimer moved to recommend approval to the full Council. Special Committee of the Whole, 7/26/2016, Page 3 341 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 was seconded. The motion carried by the following vote: Ayes: Sidhu, Browne, Buchanan, and Weimer (4) Nays: Brenner (1) Absent: Mann and Donovan (2) 2. RESOLUTION ACCEPTING THE WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 2016 UPDATE (AB2016-192) Gary Stoyka, Public Works Department, gave a staff report. Councilmembers discussed the correct form for addressing the Tribes and including language that indicates changes were made to the resolution after it was recommended to the Council. Weimer moved to recommend approval to the full Council. The motion was seconded. The motion carried by the following vote: Ayes: Sidhu, Browne, Buchanan, and Weimer (4) Nays: Brenner (1) Absent: Mann and Donovan (2) OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 3:46 p.m. The Council approved these minutes on , 2017. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Barry Buchanan, Council Chair 342 Special Committee of the Whole, 7/26/2016, 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 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 Committee Of The Whole November 22, 2016 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 2:00 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Satpal Sidhu, Rud Browne, Barry Buchanan, Ken Mann, Todd Donovan and Carl Weimer Absent: None COMMITTEE DISCUSSION 1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING PENDING LITIGATION, HIRST ET AL V. WHATCOM COUNTY, GMHB CASE NO. 12-2- 0013(AB2016-018) Attorney Present: Karen Frakes Buchanan 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 3:00 p.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Mann moved to go into executive session until no later than 3:00 p.m. to discuss the agenda items pursuant to RCW citations as announced by the Council Chair. The motion was seconded. The motion carried by the following vote: Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, Donovan and Weimer (7) Nays: None (0) At 3:00 p.m., Buchanan announced that executive session will continue until 3:15 p.m. OTHER BUSINESS ADJOURN The meeting adjourned at 3:15 p.m. Special Committee of the Whole (PM), 11/22/2016, Page 1 343 1 2 3 4 5 6 7 8 9 10 11 12 13 14 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The Council approved these minutes on 2017. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Barry Buchanan, Council Chair 344 Special Committee of the Whole (PM), 11/22/2016, 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 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 Committee Of The Whole December 6, 2016 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 1:30 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Satpal Sidhu, Rud Browne, Barry Buchanan, Ken Mann, Todd Donovan and Carl Weimer Absent: None COMMITTEE DISCUSSION 1. DISCUSSION REGARDING POTENTIAL PROPERTY ACQUISITION FOR THE FLOOD CONTROL ZONE DISTRICT (AB2016-018) Attorney Present: None Buchanan 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 3:00 p.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Mann moved to go into executive session until no later than 3:00 p.m. to discuss the agenda items pursuant to RCW citations as announced by the Council Chair. The motion was seconded. The motion carried by the following vote: Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, Donovan and Weimer (7) Nays: None (0) OTHER BUSINESS ADJOURN The meeting adjourned at 1:48 p.m. The Council approved these minutes on 2017. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Barry Buchanan, Council Chair Special Committee of the Whole (Executive Session), 12/6/2016, Page 1 345 1 2 3 4 5 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. Jill Nixon, Minutes Transcription 346 Special Committee of the Whole (Executive Session), 12/6/2016, Page 2 WHA I UM COUNTY COUNCH CLEARANCES Initial Date orifinalor.' Wain Harrison — /6 Division (lead: Wain Harrison 6 Dept. flead: J.E. "Sam "Ryan Prosecutor: Royce Buckingham !I PuechasingY&fr gef: Brad Bennett : t_ ive Jack Jack Louws r J TITLE OF D Ordinance to adant he 2015 editions of t� consistent with State law and including if ATTACHMENTS: Cover sheet, Ordinance and signature page AGENDA BILL pl- Date Received in Council Office `' i - TV_ED SEP 2 0 2016 WHATCOM COUNTY COUNCIL NO. 2016-289 Agenda Date 9/27/16 .4ssi ned to. Introduction 10/11/16 canning & Dev 11/9/2016 Planning & Dev 11/22/2016 Planning and Dev 1/10/2017 )SCOT-J / Intro 1/24/2017 Hearing ' e International Codes, and the 2015 Uniform Plumbing Code, A State and Whatcom County Amendments to the Codes. SEPA review required? ( ) Yes ( X) NO I Should Clerk schedule a hearing? (X) Yes ( } NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) An ordinance to update and revise WCC Chapter 15.04 and adopt the 2015 editions of the International Codes published by the International Code Council, the Uniform Plumbing Code, consistent with Washington State law, also including the Washington State and Whatcom County Amendments to the 2015 International Codes. In accordance with Washington State law, the adopted codes are to be effective July 1, 2016 This ordinance adopts the 2015 editions of the IBC, IRC, IFC, IMC, IFGC, UPC, referenced standards, all Washington State Amendments to the adopted codes and all Whatcom County Amendments to the adopted codes for administration, appendices and enforcement, as set forth in WCC Chapter 15.04. COMMITTEE ACTION.• COUNCIL ACTION.• 10/11/2016: Discussedr approved a staff -suggested 9/27/2016: Introduced 7-0 change, and forwarded to Public Hearing 10/11/2016: Withdrawn from the Agenda. This item will at a later date be scheduled for a public hearing at a 11/9/2016: Withdrawn from the agenda later date. 11/22/2016: Discussed and held in committee until the 1/10/2017: Introduced 6-0, Sidhu absent first meeting in January 1/10/2017: Discussed and approved a motion to forward as amended to introduction Related County Contract #: I 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.w1jatcom.wa.us/council H:1Adptng0rdnc-Chapter 15\2015 I -Code Update\2015 1-Code agenda_bill.doc 347 PROPOSED BY: 1/10/2017 INTRODUCTION DATE: ORDINANCE NO. An Ordinance adopting the Current State Building Code and Repealing the Existing Title 15 of the Whatcom County Code Whereas, the Whatcom County Council held a public hearing on , 2016 to review staff findings and recommendations, and to consider any public testimony and written correspondence regarding Whatcom County Code Title 15, Buildings and Construction; and Whereas, chapter 19.27 RCW requires Whatcom County to administer and enforce the State Building Code in the unincorporated areas within its boundaries; and Whereas, the purpose of these codes is to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public by the provision of building codes in Whatcom County; and Whereas, RCW 19.27.040 allows local jurisdictions to adopt appropriate amendments to the State Building Code; and Whereas, modifications and/or amendments to the State Building Code as it applies to Whatcom County are desirable for various reasons; and Whereas, the State Building Code Council requires adoption of the 2015 edition of these International Codes; the 2015 edition of the Uniform Plumbing Code; the 2015 edition of the State of Washington Energy Codes; and the 2015 editions of the State of Washington Amendments and other referenced codes, with further Whatcom County amendments, by July 1, 2015; NOW, THEREFORE, BE IT HEREBY ORDAINED that: Section 1. Title 15 of the Whatcom County Code is repealed in its entirety: Section 2. A new Title 15 is hereby adopted as shown in Exhibit A to this Ordinance. Page 1 of 2 KM Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. Adopted this _ day of WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: 2016. Barry Buchanan, Chairperson ( ) Approved ( ) Denied Jack Louws, Executive Date: Page 2 of 2 349 EXHIBIT A Chapter 15.04 BUILDING CODES Sections: 15.04.010 Adoption of referenced codes. 15.04.015 Department of Building Safety. 15.04.020 Amendments to the International Building Code. 15.04.030 Amendments to the International Residential Code. 15.04.040 Amendments to the International Fire Code. 15.04.050 Permit expirations and violations of the above referenced codes. 15.04.010 Adoption of referenced codes. Whatcom County hereby adopts the following codes, as amended by the Washington State Building Code Council pursuant to RCW 19.27 and 70.92 or successor, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties. A. The 2012 2015 International Building Code LIBC , including the 2 4-2 2015 International Existing Building Code IEBC ; Appendix B, except as amended per Ordinance #2007-024, Board of Appeals; and including Appendices C, E and J, as published by the International Code Council, hereinafter referred to as the IBC, as modified by Chapter 51-50 WAC or successor, and as amended in Whatcom County_ Code (WCC) Sections 15.04.015, 15.04.020 and 15.04.050 is hereby adopted by reference. B. The 2912 2015 International Residential Code (IRC), including Appendix E, G, and K, as published by the International Code Council, hereinafter referred to as the IRC, and as modified by Chapter 51-51 WAC or successor and as amended in WCC 15.04.030 and in 15.04.050, is hereby adopted by reference with the following additions, deletions and exceptions: Provided that Chapters 11 and 25-42 of this code are not adopted. C. The 2012 2015 International Fire Code (IFC), including Append+ses Appendix A, except as amended per Ordinance #2007-024, Board of Appeals; Appendices B, C, and D and the latest most current supplements, as published by the International Code Council, hereinafter referred to as the IFC, as modified by Chapter 51-54A WAC or successor, and as amended in WCC 15.04.040 and 15.04.050. D. The 201-2 2015 International Mechanical Code I( MC), including Appendix A, as published by the International Code Council, hereinafter referred to as the IMC, as modified by Chapter 51-52 WAC and as amended by WCC 15.04.050 or successor. Page 1 of 44 350 E. The 201-2 2015 International Fuel Gas Code IFGC , as published by the International Code Council, hereinafter referred to as the IFGC, as modified by Chapter 51-52 WAC and as amended by WCC 15.04.050 or successor. F. The standards for liquefied petroleum gas installations shall be the 2012 2015 edition of NFPA 58 (Liquefied Petroleum Gas Code) and the 291-2 2015 edition of ANSI Z223.1/NFPA 54 (National Fuel Gas Code), adopted by reference in WAC 51-52 and as amended by WCC 15.04.050 or successor. G. Except as provided in RCW 19.27.170, the 201-2 2015 Uniform Plumbing Code (UPC), the 2012 Uniform Plumbing Code Standards (IAPMO/ANSI UPC 1-2012) and/or all current referenced standards, and including Appendix A, B, C and I, as published by the International Association of Plumbing and Mechanical Officials, hereinafter referred to as the UPC, as modified by WAC 51-56 and as amended by WCC 15.04.050 or successor. H. The rules adopted by the Washington State Building Code Council establishing standards for making buildings and facilities accessible and usable by the physically disabled or elderly persons as provided in Chapter 51-50 WAC, IBC Chapters 10 and 11, IBC Appendix E and ICC/ANSI A117.1 2009 or successor. I. The 201-2 2015 Washington State Energy Code, per WAC Chapter 51-11C, Commercial Provision, 51-11R, Residential Provisions, and Appendix Chapters or successor, hereinafter referred to as the WSEC, promulgated by the State Building Code Council. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, or successor. (Ord. 2004-064 § 2) K. Design data for Whatcom County shall be per Section 15.04.030, Subsection DE., item #1. 15.04.015 Department of Building Safety Section 103 is amended as follows: 103.1 Creation of enforcement agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the Building Official. The Department of Building Safety is hereby referred to as the Building Services Division of the Whatcom County Planning and Development Services Department (WCPDS). 103.2 Appointment. The Department Director is the Building Official. The Director may appoint an alternate designee at his/her discretion. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint a deputy building official, the related technical Page 2 of 44 351 officers, inspectors, plans examiners and other employees. Such employees shall have powers as delegated by the Building Official. 15.04.020 Amendments to the International Building Code. A. The IBC is amended as follows: 1. Section 104.1 General; is amended with the following additional language: The Building Official defers to WCC Title 17, Flood Damage Prevention, and per associated requirements of the Endangered Species Act (ESA), to be administered by Public Works, River and Flood Division, for all matters related to flood review of building permits. 2. Section 104.11 Alternate materials, design and methods of construction the last sentence is amended as follows: Where the alternative material, design or method of construction is not approved, the Building Official at his/her discretion may shall respond in writing, stating the reasons why the alternative was not a roved w, hen a determination reguest is submitted to the Building Official in writing,, 3. Section 105.1 Required, is amended to include the following: a. Commercial project proposals require pre-screening for a waiver (from pre - application meeting) or a pre -application meeting prior to permit application submittal. Pre-screening may be waived at the discretion of the Building Official for minor projects such as simple signs, single unit small equipment foundations, and projects of similar minor scale and impact. Information and document submittals for the purposes of waiver or pre -application are not intended to meet the standard for a complete permit application and do not constitute project vesting. However, information, requirements and conditions received by the applicant(s) and/or their agents or consultants for a given project proposal, as part of the waiver or pre -application process, will be considered vested, regardless of change of adopted codes or regulations, if a complete permit application is received within 30 consecutive days from the date of waiver or pre -application meeting. Such information, requirements and conditions are not intended or represented as a complete or comprehensive list of project requirements. Significant changes in the scope of a project proposal may require additional screening for another waiver or pre - application meeting. b. Whatcom County (the County) may require that a covenant or agreement be recorded against the deed(s) applicable to the location and/or operation of a given project to inform future property owners of the current restrictions or approved land uses. The County may draft the covenant or agreement upon whatever terms the County in its discretion deems proper. Page 3 of 44 352 c. A coordinated master site plan (MSP), demonstrating consistency in the layout of the project proposal with all applicable regulatory requirements, is required to be submitted by the applicant and/or project design professional in substantial charge prior to permit issuance. In general, a coordinated MSP will be required for projects exceeding a construction value of $200,000.00, but may be required for any project the Building Official deems necessary. County staff will review the site plan(s) in the application file for regulatory conflicts and discrepancies prior to plan check. County staff will notify the applicant and/or design professional of identified conflicts or discrepancies to be reconciled. The master site plan may be one page which incorporates all applicable regulatory review overlays when practical. It may also include multiple overlay pages for readability purposes provided they have been verified by County staff for regulatory consistency. Once the coordinated MSP has been reviewed and approved, application review processing will continue. d. A state licensed contractor may obtain a permit, as required by the mechanical and plumbing codes, through mail -in applications for work not exceeding $10,000 valuation and not requiring plans and specifications and not in conflict with state or local zoning and environmental policies and with the prior approval of the building official. e. The applicant shall fill out in full the forms furnished for that purpose, and attach thereto the full amount of moneys that are required for fees as required in the respective codes. The application shall contain all information necessary to the lawful enforcement of the provisions of the respective codes. The applicant shall file all forms with fees. f. No person, firm, partnership, corporation or other entity shall perform work as provided herein until such time as they receive verification of approval of their application by the county building official and have been given written notice of a valid permit. g. Any violation of this chapter shall be cause for the building official to revoke the mail -in applications privilege of the violator. Upon written notice of revocation, all provisions of the mechanical and plumbing codes superseded by this chapter shall resume in full force and effect as to the person or industrial plant whose application has been revoked. 4. Section 105.2, Work exempt from permit, is amended to read as follows: a. One-story detached, non -occupied accessory structures without basements, used as tool and storage sheds, playhouses and similar uses, provided that 1.) The floor area does not exceed 120 square feet. [11 sq. m] 2.) Accessory structures maintain a minimum separation of 10 [ten] feet [3048 mm] between exterior walls, and a minimum separation of 8 [eight] feet [2438 mm] between eaves of adjacent buildings on the same property and 3.) provided that accessory structures meet all applicable setback requirements. Page 4 of 44 353 b. Fences not over 7 feet (2134 mm) high c. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting surcharge or impounding Class I, Il, or IIIA liquids. d. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L). And the ratio of height to diameter or width does not exceed 2 to 1. e. Sidewalks, walking surfaces, and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and are not part of an accessible route. f. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. g. Temporary motion picture, television and theater staqe sets and scenery. h. Prefabricated swimming pools installed entirely above -ground, accessory toaGroup R-3. i. Shade cloth or soft cover structures constructed for nursery or agricultural purposes and not including service systems. j. Swings and other playground equipment. k. Window awnings in Group R-3 and U occupancies, supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.. I. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. m. Bridges, box culverts and similar passageway structures built over depresions or obstacles, herein after referred to as bridges, are structures and therefore not exempt per IBC Section 105.2, except as interpreted and quantified in Building Services Division Code Interpretation #2002- 05. Bridges shall be designed and constructed per the current adopted Whatcom County Development Standards (WCDS), Chapter 5, Road Standards, Section 513, Bridges and Associated Retaining Walls; and per applicable portions of IFC Section 503. Bridges constructed as a requirement or condition of subdivision or short subdivision approval, per Whatcom County Land Division Regulations, Title 21, and which receive final approval from the Public Works Technical Administrator, shall be deemed by the Building Official to have met the permit requirements per IBC Section 105. The Technical Administrator is designated as the County Engineer, per WCDS, Chapter 5, Road Standards, Section 502. Page 5 of 44 354 5. Section 105.3, Application for Permit, is amended to include the following: To obtain the permit, the applicant shall first file an application therefore in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Include signature by the applicant or the applicant's authorized agent of a statement for guarantee of fee payment. The statement must be signed in the presence of County staff or staff will provide a statement which includes verification of signature by a licensed notary public. 8. Provide verification of approval to connect to a public sewer system or a septic system installation permit issued by the Whatcom County Environmental Health Department for any permit application that requires sewage disposal. The approval to connect or issued septic system permit shall be specific to the project application. 9. Provide additional data and information in the designated sequence, as required by the Building Official. 6. Section 105.5, Expiration, is amended to include the following: Land Disturbance permits issued for grading activity shall expire if work authorized is not commenced within 180 days of issuance unless a phased plan has been approved by the Technical Administrator. The Technical Administrator is authorized to grant one extension of 180 days if the request is submitted prior to expiration of the permit. The extension shall be requested in writing and justifiable cause(s) demonstrated. If the project is located within a water resource special management area and subject to seasonal clearing activity limitations the extension shall begin at the commencement of the construction season, pursuant to WCC 20.80.735. Page 6 of 44 355 Grading permits also expire and become invalid when the total approved volume has been placed into or excavated from the approved area. 7. Section 107.2 Construction documents, is amended to include the following: Construction documents may be submitted in Standard English or Metric measurement. However, the Building Official may require, at his/her discretion, that any Metric construction documents be converted by the applicant to Standard English measurement which then may be submitted independently or in tandem with Metric documents. 8. Section 109.6, Refunds, is amended to include the following policy: The refund policy applies to the current editions and amends the respective Sections of the IBC, Section 109; IRC, Section R108.5; IFC, Section 113.5; IMC, Section 106.5.3; IFGC, Section 106.6.3; and UPC, Section 103.4.5, as adopted per WCC 15.04.010. The Building Official may authorize refunding any fee hereunder which was erroneously paid or collected at 100%. The Building Official may authorize refunding of not more than 80% of the fee paid for a building permit when no work has been done under a building permit issued in accordance with the current editions listed in this policy. The Building Official may authorize refunding of not more than 80% of the plan review fee paid when an application for a building permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The Building Official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 9. Section 113, Board of Appeals, is amended as follows: Appeals related to grading activity, per Appendix J and as amended per Section 15.04.020, Subsection B, which include, are associated with in any way, or promulgated within any regulated critical areas, per WCC Chapter 16, are according to the provisions of WCC Sections 16.16.280 and 16.16.285 and shall be the decision of the Whatcom County Hearings Examiner. B. Appendix J Grading, is amended as follows: IBC Section 104.1 General, is amended per WCC 15.04.020, Subsection B, including an additional paragraph to read as follows: Page 7 of 44 356 The Director of the Planning and Development Services Department or the Director's designee also referred to herein as the Technical Administrator, is hereby authorized and directed to enforce the provisions of IBC Appendix J, Grading, including as amended in WCC Chapter 15, Section 15.04.020. The Technical Administrator shall have the authority to render interpretations of the amended Appendix and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of amended Appendix J. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in amended Appendix J. 2. The following definitions are added to Section J102.1 Definitions: a. EARTH MATERIAL: Any rock, natural soil or any combination thereof. b. CRITICAL AREAS: The following areas as regulated under WCC 16.16 shall be regarded as critical areas along with associated buffers identified under WCC 16.16: i. Geologically hazardous areas. ii. Frequently flooded areas. iii. Critical aquifer recharge areas. iv. Wetlands. v. Fish and wildlife habitat conservation areas. c. ORDINARY HIGH WATER MARK: The mark on all lakes, rivers, streams and tidal water that will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation. 3. The following shall be added to Section J103.1: Upon receipt of a fill and grade permit application on properties within 500 feet of a site known to contain archaeological resources that are outside of the Shoreline Management Program Jurisdiction (WCC Title 23) and/or the Point Roberts Special District (WCC 20.72), the County shall notify the applicant that the projects location is within an archaeologically sensitive area and Federal, State and Tribal Laws and Regulations pertaining to cultural resources may apply. Grading permit expiration is per IBC Section 105.5 as amended. 4. The numbered exemption list of Section J103.2 Exemptions, is amended as follows: Page 8 of 44 357 1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties or critical areas and further provided that the activity occurs outside of the jurisdiction of the Whatcom County Shoreline Management Program (WCC Title 23) and fill does not exceed 250 cubic yards and is associated with a residence authorized by a valid building permit. 2. Excavation for construction of a structure permitted under this code provided that said construction has been duly reviewed for compliance with the Whatcom County Shoreline Management Program (WCC Title 23) and the Whatcom County Critical Areas Ordinance (WCC 16.16). 3. Cemetery graves 4. Refuse disposal sites controlled by and appropriately permitted in accordance with other regulations. 5. Excavations for wells or trenches for utilities provided the activity occurs outside of the jurisdiction of the Whatcom County Shoreline Management Program (WCC Title 23) and there are no adverse impacts to critical areas. 6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided the activity occurs outside of the jurisdiction of the Whatcom County Shoreline Management Program (WCC Title 23) and such operations do not affect the lateral support of, or significantly increase stresses in soil on adjoining properties, or adversely impact critical areas. 7. Exploratory excavations performed under the direction of a registered design professional provided that said excavations have been duly reviewed for compliance with the Whatcom County Shoreline Management Program (WCC Title 23) or critical areas ordinance. 8. A fill less than 1 foot in depth and placed on natural terrain with a slope flatter than I unit vertical in 5 units horizontal (20% slope) or less than 3 feet in depth, not intended to support structures, that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course or otherwise impact critical outside of the jurisdiction of Management Program. areas provided the activity occurs the Whatcom County Shoreline 9. Exemptions listed per WCC 20.80.733. 5. The following site plan requirements are added to J104.2 Site plan requirements: Page 9 of 44 358 a. In addition to the provisions of Section 107, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code. b. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code. c. The plans shall show erosion control types and locations, natural features (slopes, streams, wetlands, ponds, etc.), forested or treed areas, ditches, culverts, wet areas, flow directions, critical area boundaries, the Ordinary High Water Mark (OHWM) of any water body regulated by the Whatcom County Shoreline Management Program and any other information deemed necessary by the Building Official. 6. J104.3 Geotechnical report, is amended as follows: When required by the Technical Administrator, a geotechnical report prepared by a registered design professional shall be provided. The report shall contain at least the following: 1. The nature and distribution of existing soils; 2. Conclusions and recommendations for grading procedures; 3. Soils design criteria for any structures or embankments required to accomplish the proposed grading; 4. Where necessary, slope stability studies, and recommendations and conclusions regarding site geology; and 5. Unless approved by the Technical Administrator, a building permit shall not be issued on approved fills without an engineered soils report and proof of supervised, monitored placement by the registered design professional. 6. Additional information may be required at the discretion of the Technical Administrator. 7. The Technical Administrator may require a geotechnical report be prepared by a registered design professional to determine the quantity of unpermitted fill brought to a site without a valid permit, as required by this chapter. Page 10 of 44 359 Exception: A geotechnical report is not required where the Technical Administrator determines that the nature of the work applied for is such that a report is not necessary. 7. Add the following as Section J104.5 Surface mining report: Grading permit plans associated with surface mining shall be consistent with a surface mining reclamation plan as required and approved by the Washington Department of Natural Resources. (Ord. 2004-064 § 2). 15.04.030 Amendments to the International Residential Code. A. Section R104.11, the last sentence is amended as follows: Where the alternative material design or method of construction is not ppproued, the Building Official at Wrolher diGGMtJGR=03aY shall respond in writing, stating the reasons why the alternative was not approved, when a determination rettuest is submitted to the Building Official in writing. A3. Section R105.1 Required, is amended as follows: Whatcom County (the County) may require that a covenant or agreement be recorded against the deed(s) applicable to the location and/or operation of a given project to inform future property owners of the current restrictions or approved land uses. The County may draft the covenant or agreement upon whatever terms the County in its discretion deems proper. B.C. Section R105.2 Work exempt from permit, is amended to read as follows: 1. One-story detached, non -occupied, accessory structures without basements, used as tool and storage sheds, playhouses and similar uses, provided that 1.) the floor area does not exceed 200 sq. ft. [18.58 sq. m] and 2.) provided that accessory structures meet all applicable setback requirements. 2. Fences not over 7 feet (2134 mm) high. 3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L). And the ratio of height to diameter or width does not exceed 2 to 1. Page 11 of 44 360 5. Sidewalks, walking surfaces, and driveways not more than 30 inches above grade and not over any basement or story below. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Above ground pre -fabricated pools. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 10. Uncovered decks not exceeding 200 square feet (18.58 sq. m) in area, that are no more than 30 inches (762 mm) above grade at any point, and do not serve the exit door required by Section R311.4. GD. R105.3 Application for permit, is amended to include the following: To obtain the permit, the applicant shall first file an application therefore in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Include signature by the applicant or the applicant's authorized agent of a statement for guarantee of fee payment. The statement must be signed in the presence of County staff or staff will provide a statement which includes verification of signature by a licensed notary public. 8. Provide verification of approval to connect to a public sewer system or a septic system installation permit issued by the Whatcom County Environmental Health Department for any permit application that Page 12 of 44 361 requires sewage disposal. The approval to connect or issued system permit shall be specific to the project application. 9. Provide additional data and information in the designated sequence, as required by the Building Official. BE. Table R301.2 (1) Design Data for Whatcom County is amended as follows: 1. Ground Snow Load Table, January 1997: Whatcom County Approx. Average Elevation Revised Ground Snow Load Revised Roof Snow Load ,Acme 310 22 25 Bellingham 100 15 25 Blaine .45 16 25 Deming 210 24 25 Diablo 910 100 100 Ferndale 60 20 25 Glacier 900 74 74 Lawrence 145 24 25 Lynden 103 24 25 Maple Falls 643 77 77 Mt. Baker Ski .Area 4200 ' 588 588 Newhalem 510 129 129 Nooksack 84 .24 25 Sumas 36 .24 .25 Wickersham 310 28 .28 Kendall .460 50 Paradise 460 50 Pt. Roberts 120 .25 Footnotes: 1. Any proposal can challenge the above design load with engineer or architect stamped and signed calculations and criteria. Buildings where the roof snow load exceeds 30 psf may require architect or engineer review. Page 13 of 44 362 Recommendations are valid for the recognized central area of each regional designation. Building Services reserves the right to adjust the roof snow load based on building location and/or criteria per the 2012 IBC and/or the most current edition of the Snow Load Analysis for Washington. 2. Wind Speed (mph): IRC — _V,r = 86 110 mph [Figure R301.2(4)B]. V„ it = IBC Risk Category 1 - 100 mph [Figure 1609.3 3 ; IBC Risk Category II — 110 mph [Figure 1609.3 1 ; IBC Risk Category III and IV — 115 mph [Figure 1609,3 2 . 3. Seismic Design: Zone Do/D1; Design Category D (See IBC Section 1613 and/or ASCE 7) 4. Subject to Damage from Weathering: Moderate 5. Frost Line Depth: 18" (west of longitude 1220 54' 30", approximately at mile post 35 of State Route 542, Mt. Baker Highway) 6. Termite: None 7. Decay: Moderate 8. Winter Design Temp: 19 ° F 9. Ice Shield Underlayment Req.: No 10. Air Freezing Index: 260 11. Mean Annual Temperature: 480 F €F.IRC Appendix E, Manufactured Homes, is entirely replaced with the following: This chapter is enacted as an exercise of the police power of the county for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, nor to identify and protect any particular class of persons. The purpose of this chapter is to provide minimum standards to safeguard life or limb, health or property, and public welfare, by regulating and controlling the installation of manufactured homes on building sites within the county. It is not the intent of this chapter to impose liability upon the county for failure to perform any discretionary act. Rather, it is the intent of this chapter to place the obligation of complying with its requirements upon the installer. Nothing Page 14 of 44 363 contained in this chapter shall be construed to relieve from or to lessen the responsibility or liability of any person for injury or damage to persons or property caused by or resulting from any defect of any nature in any manufactured home installation work performed by said person or in any manufactured home installation equipment owned, controlled, operated or used by him; nor shall Whatcom County, or any officer, agent, or employee thereof, incur or be held as assuming any liability by reason or in consequence of any permission, certificate of inspection, inspection or approval authorized herein, or issued or given as herein provided, or by reasons or consequence of any things done or acts performed pursuant to the provisions of this chapter. 1) SCOPE This chapter sets forth rules and regulations to regulate and control the installation of manufactured homes on building sites, establishes an administrative procedure for the issuance of permits, and provides for the inspection of manufactured home installations. 2) DEFINITIONS a. ADMINISTRATIVE AUTHORITY is the Department of Planning & Development Services, the Building Services Division, and the Whatcom County Building Official. b. BUILDING OFFICIAL is the Director of the Planning & Development Services Department or his/her designee. See Section 15.04.015. c. BUILDING SITE is any site proposed for the location of a manufactured home including sites within mobile home parks. d. HUD is the Federal Department of Housing and Urban Development. e. INSTALLER shall either be the owner or a State licensed mobile home installer. f. MANUFACTURED HOME means a structure designed and built to comply with the Washington State Department of Labor and Industry's rules and regulations for Manufactured Homes and Commercial Coaches. It is also defined and cross-referenced per the current adopted edition of the IRC, SECTION R202, DEFINITIONS, MANUFACTURED HOME. g. MOBILE HOME is a transportable, factory -built dwelling unit constructed prior to June 15, 1976 (prior to enactment of National Manufactured Housing Construction & Safety Standards [NMHCSS] Act of 1974). h. PERMANENT FOUNDATION means concrete blocks on a concrete footing or slab, or other approved engineered foundation systems. 3) GENERAL INSTALLATION REQUIREMENTS Page 15 of 44 364 a. Manufactured homes installed on building sites shall be installed in accordance with the provisions of this chapter and all applicable local, state, and federal codes, ordinances, and statutes. b. Manufactured homes shall be installed in compliance with the manufacturer's installation recommendations or according to NCSBCS/ANSI A225.1-1994; permanent foundation requirements. The manufacturer or dealer shall send two copies of its approved installation recommendations to the purchaser of the manufactured home. Two copies shall be submitted with the building permit application. c. No person, firm, partnership, corporation, or other entity may install a manufactured home unless he/she owns the manufactured home, or is a licensed manufactured home installer. d. All manufactured home installations shall comply with the requirements of the IRC Section R403.1.7.3, Foundation Elevation, and with the following: On graded sites, the top of any exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved drainage device a minimum of 12 inches plus 2 percent. The Building Official may approve alternate elevations, provided it can be demonstrated that required drainage to the point of discharge and away from the structure is provided at all locations on the site. The following provisions shall be made to prevent standing water under and around a building or structure prior to the final inspection. The finished grade and elevation under the building shall be above- the ground drainage flow of the land around the building to prevent surface or sub -surface water from draining to the space under the building, provided that other approved alternates such as drain tile, exterior grading to a point lower than the interior drainage of the building or an approved sump pump may be used, and provided further that the alternate method to be used shall be shown on the building plans. An approved sump pump system shall in no case be connected to the sanitary sewer system. In all instances where a drainage or sump pump system is installed under the structure there shall be provided, in the foundation wall, an access crawl hole which shall be no more than 20 feet from the main drain cleanout. To facilitate the drainage of water, the ,wilding site shall have at least a 2% gradient towards approved drainage facilities from building pads. However, this may be waived by the building official provided that the permittee can demonstrate that due to the nature of the site this would be impractical and that an approved alternate will be used. If water appears under the building within a period of 12 months after the final inspection of the building or structure, the builder shall be responsible for providing the drainage of the same, and provided further that the builder has not complied with the requirements of Section 1804.7 herein, concerning drainage. Thereafter, the owner of the building shall be responsible for providing drainage of the same, except where owner and builder agree otherwise. Page 16 of 44 365 e. In those areas that are recognized as floodplains by the Washington State Department of Ecology or the Department of Homeland Security, or hazardous because of the probability of earthquakes, ground slides, avalanches, or high winds, the building official may set requirements that are necessary to lessen the hazards. Manufactured homes installed on sites that are sloping or have poor drainage shall be installed in accordance with installation recommendations, provided by a professional engineer or architect licensed in the state of Washington. f. Manufactured homes in a floodplain must be installed per the applicable provisions of Whatcom County Code, Title 17, Flood Damage Prevention, and per associated requirements of the Endangered Species Act (ESA). g. Used mobile homes older than 1976, require afire/life safety inspection by the State Dept. of Labor & Industries prior to building permit submittal. 4) PERMITS REQUIRED No person, firm, or corporation shall install or cause to, be installed any manufactured home on a building site without having first obtained a building permit and a manufactured home dealer shall not deliver a manufactured home to a building site until that dealer has verified that the installer has obtained the necessary building permits, 5) APPLICATION REQUIREMENTS In addition to the building permit application and issuance regulations, the following shall apply to manufactured home installations: separate application shall be required for each manufactured home installation. The application shall be made upon forms provided by the administrative authority and shall be accompanied by the permit fee established herein. a. A separate application shall be required for each manufactured home installation. The application shall be made upon forms provided by the administrative authority and shall be accompanied by the permit fee established herein. b. Each application shall be accompanied by a plot plan drawn to scale with detail sufficient to show that the installation will meet siting requirements of all applicable state and local regulations. c. Applications for manufactured homes to be installed on building sites or sites within a mobile home park shall be accompanied by two sets of foundation plans for a permanent foundation. 6) INSPECTION Approved installation specifications shall be available at the site at the time of inspection of the installation. In the event that no approved installation Page 17 of 44 366 specifications are available or the approved specifications as provided above do not cover all the installation requirements of this chapter, then the total installation of the portions thereof not covered by the approved specifications shall comply with the appropriate provisions of this code. a. On building sites other than those in mobile home parks, the installer of the manufactured/mobile home shall request a footing inspection after the placement of the footing forms and rebar and prior to pouring or placing the footings, a tie -down inspection and a final inspection after all aspects of the installation have been completed. For mobile home park installations, the installer shall request a final inspection after all aspects of the installation have been completed. All requests for inspection shall be made one working day before such inspection is desired. b. The manufactured/mobile home may be occupied once the installation has passed final inspection for compliance with the requirements of this chapter and any conditions placed upon the issued permit. c. If the installation does not comply with the installation requirements of this chapter and the conditions of the installation permit, the local enforcement agency shall provide the installer with a list of corrections that the installer must make. The list of corrections shall state a date by which the corrections must be completed. If the items that require correction do not endanger the health or safety of the occupants, or substantially affect the habitability of the manufactured/mobile home, the local enforcement agency may permit the owner of the home to occupy it. 7) BUILDING SITE PREPARATION A manufactured home may not be installed on a building site unless the ground at the site has adequate compaction and load -bearing ability to meet the support requirements of (3)(d) or, if the building site is in a mobile home park, the park owner must insure that the ground on which the mobile home is to be installed has been improved as necessary to provide a proper base for the mobile home and that the area beneath the mobile home has adequate drainage. 8) FOUNDATION SYSTEM FOOTINGS a. Footings shall be constructed of solid concrete per the manufacturer's installation specifications or an approved alternate method. b. Four -inch slab with thickened footings, extending 18 inches below existing grade, 16 inches diameter concrete posts, spaced according to the applicable requirements of NCSBCS/ANSI A225.1-1994, with a four- inch concrete slab and Z hook for positive connection between post and slab, if in a flood plain. c. Footings shall be: Page 18 of 44 367 i. Evenly bedded and level; ii. Placed on firm, undisturbed or compacted soil that is free of organic material; iii. Centered in a line under the main frame longitudinal members on both sides of the manufactured home; iv. Spaced not more than eight feet apart and no more than two feet from the ends of the main frame. The building official may require a closer spacing, depending on the load bearing capacity of the soil or the specifications in the manufactured home installation manual. d. A manufactured home with more than one section must have center line blocking at end walls and at other points of connection of the sections of the manufactured home that have ridge beam bearing support. Blocking is also required at both ends of a door opening that is six feet or more wide in an exterior wall. e. If a manufactured home requires footings on its exterior, perimeter, as specified by the installation recommendations or required by the building official, the footings shall be installed below the frost line. f. Footings shall be constructed so that 75 percent of the area under the manufactured home has at least 18 inches clearance between the bottom of the main chassis members and the ground level. The area beneath the furnace cross -ovens and fireplaces mast always have at least 18 inches clearance. At no point under the manufactured home may clearance be less than 12 inches. 9) FOUNDATION SYSTEM PIERS a. An installer must build and position piers and load -bearing supports or devices to distribute the required load evenly. An installer must use manufactured piers or load -bearing supports or devices that are listed or approved for the intended use. b. A pier may be made of a single stack of 8-inch by 16-inch blocks if the blocks are not stacked more than three blocks high. A pier made of a single stack of blocks shall be installed at a right angle to the main frame longitudinal members and shall be capped with no more than 2-inch by 8-inch by 16-inch wood blocks or one 4-inch by 8-inch by 16-inch concrete block. c. A pier may be made of a double stack of 8-inch by 8-inch by 10-inch blocks if the blocks are not stacked more than five blocks high. Each row of blocks in such a pier shall be stacked at right angles to the abutting rows of blocks. The pier shall be capped by with 2-inch by 8-inch by 16-inch concrete blocks. The pier shall be installed so that the joint between the cap block is at right angle to the main frame longitudinal members. Page 19 of 44 d. A pier may be made with more than five courses of blocks and not to exceed 9 (72 inches) courses of block if the stacked blocks are filled with 2,000 psi concrete or mortar, and no more than 20% of the piers exceed five courses (40"). All other systems shall be designed by a licensed Washington state engineer or architect. e. All blocks shall be set with cores placed vertically. 10) FOUNDATION SYSTEM PLATES AND SHIMS An installer may fill a gap between the top of a pier and the main frame with a wood plate that is not more than two inches thick and two opposing wedge- shaped shims that are not more than two inches thick. Wood plates and shims must be of hemlock/fir, Douglas fir, or spruce/pine/fir. A shim shall be at least four inches wide and six inches long. The installer shall fit the shim properly and drive it tight between the wood plate or pier and the main frame to ensure that the manufactured home is level and properly supported at all load -bearing points. A block that" abuts a wedge-shaped shim shall be solid. 11) FOUNDATION A manufactured home shall have an approved skirting around its entire perimeter. The wood of the skirting shall be at least six inches from the ground unless it is pressure -treated wood. Metal fasteners shall be hot dipped galvanized, stainless steel, or other corrosive -resistant material. Ferrous metal members in contact with the earth, other than those that are galvanized or stainless steel, shall be coated with asphaltic emulsion. A manufactured home that is installed shall have ventilation openings with a net area of one square foot per 150 square feet of crawl space; except manufactured homes installed in the flood plain shall have ventilation openings with a net area of 1 square inch per 1 per square foot of crawlspace installed within 1 foot of finished grade. The openings shall be designed to provide cross ventilation on at least two approximately opposite sides of the manufactured home. The installer shall locate openings as close to the corner of the manufactured home as practical and shall cover the opening with a corrosive -resistant wire mesh. Dryer vents and hot water tank pressure release valves shall exhaust on the exterior of the perimeter skirting. The skirting for each section of the manufactured home shall have an opening of at least 18 inches by 24 inches with a cover of metal or pressure -treated wood to allow access to the crawl space. In all cases the foundation shall be installed before a final sign off can be made. 12) ANCHORING SYSTEM The building official shall require a single section or multiple section manufactured home to have an anchoring system. Such an anchoring system shall be installed per the manufactured installation specifications or according to the design of a professional Washington State licensed engineer or Page 20 of 44 369 architect. Components of the anchoring system shall have a resistance to weather deterioration that is at least equal to that of a zinc coating that is not less than 0.3 inches per square foot of coated surface. Cut edges of zinc - coated strapping do not need to be coated. a. An installer shall install, preload, and adjust a ground anchor in accordance with the anchor manufacturer's instructions. The installer must supply a copy of the instructions to the building official. Ground anchors shall be marked with the manufacturer's identification and model number in a location that is visible to the inspector after the anchor is installed. The manufacturer of a ground anchor must provide instructions with each anchor that specifies the kinds of soils for which the anchor is suitable. Analysis from a WA State licensed engineer may be required. b. If concrete slabs or continuous footings are used to transfer the anchoring loads to the ground, the following requirements apply: i. Engineered tie -down systems shall be per approved details from the Washington State Department of Labor and Industries. ii A concrete slab may be used in place of a ground anchor if it provides holding strength equal to the required ground anchors. iii. Analysis from a WA state licensed engineer may be required. c. Ties shall be of approved strapping, or other approved materials. Ties shall be fastened to the ground anchors and drawn tight with turnbuckles, yoke fasteners, or other approved tension devices. Tension devices shall end in clevis, forged, or welded eyes. Tension devices shall be designed to prevent self -disconnection if the ties become slack. Ties shall connect the ground anchors to the main frame longitudinal members. Ties must not connect to steel outrigger beams that fasten to the main frame unless the manufacturer's installation instructions specifically approve the connection. Diagonal ties must lie at least 45 degrees from the vertical. d. The installer shall space the ties as evenly as practical and shall locate a tie within eight feet of each end of the manufactured home. The installer shall install vertical ties at each detached corner of a clerestory roof and added -on sections of expandable manufactured homes., the installer shall install the following number of ties for each I-beam or other main frame longitudinal member: according to the manufacturer's specifications or per NCSBCS/ANSI A225.1-1994, as indicated in the following chart: Length of home in feet (excluding hitch) Number of vertical ties per detached corner of add-ons Number of diagonal ties 32 — 54 1 5 55 — 73 1 6 Page 21 of 44 370 13) ASSEMBLY The water pipe connection to the manufactured home shall have a main shutoff valve in compliance with the 2012 Uniform Plumbing Code, Section 606.. Exterior water lines and ducting under the manufactured home shall be insulated. In all other respects, utility connections to the manufactured home, including water, sewer, electricity, and gas shall comply with the applicable county codes. Accessory structures attached to or located next to a home, such as awnings, carports, garages, porches, or steps shall be constructed in conformance with applicable county codes and structurally independent of the manufactured home unless pre -approved by manufacturer. (Ord. 2004-064 § 2) 15.04.040 Amendments to the International Fire Code. A. Section 102.2 Administrative, operational and maintenance provision, is amended to read as follows: To provide a reasonable degree of safety to persons occupying existing buildings, there shall be a fire code inspection, at times to be determined by the Whatcom County Fire Marshal, for all Group A, B, E, F, H, I, M, R, S and U occupancies. Only R-3 Occupancies containing the following shall be subject to fire code inspections: Adult family homes, family daycare homes, adult and child care facilities, as defined in the Washington State amendments. B. Section 103.1 General. is amended to read as follows: 103.1 .The Department of Fire Prevention, herein after referred to as the Fire Marshal's Office, is established within the jurisdiction under the direction of the Fire Code Official, herein after referred to as the Fire Marshal. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. Recognizing the authority and responsibility vested in the Fire Marshal by the International Fire Code, the Fire Marshal is authorized to promulgate such rules, policies and/or procedures as he/she deems necessary for the efficient operation of fire prevention and investigations C. Section 103.2 Appointment, is amended to read as follows: 103.2 AppeintM8RLThe Fire Marshal is the Department Director except that a Fire Marshal and/or Deputy Fire Marshal may be appointed by the Department Director. The Fire Marshal/Deputy Fire Marshal shall be not less than a supervisor within the Building Services Division of the Whatcom County Planning & Development Services Department, as designated by the Director. The Fire Marshal for Whatcom County is authorized to enforce Page 22 of 44 371 the provisions of this ordinance and adopted referenced codes and amendments. D. Section 104.1 General, is amended with the following additional paragraphs: The provisions of RCW 18.160.070 and the Levels of Licensing required by the State Fire Marshal's Office will be enforced by the Whatcom County Fire Marshal's Office as specified, including but not limited to work performed by contractors and/or documentation verifying compliance with current licensing requirements. Issuance of permits may be withheld due to lack of compliance with these provisions. It is the interpretation and determination of the Whatcom County Fire Marshal that the "installation of underground work of any kind for any kind of structure" applies to the installation of fire protection systems connected to or integral to a fire protection sprinkler system. A Level U license from the State Fire Marshal's office shall be required. The Fire Marshal, at his/her discretion, may require a Level U license for any underground work determined at any stage of installation to be substantially and/or consistently substandard. E. Section 104.9 Alternate materials and methods, the last sentence_ is amended as follows: Where the alternative material, design or method of construction is not approved, the &641d�qg-O#Gfal Fire Marshal at-histheF GIISGretien M.Ay shall respond in writing, stating the reasons why the alternative was not approved. when a determination request is submitted to the Fire Marshal in writing. €c'. Section 104.10 Fire investiqation, is amended to read as follows: The Whatcom County Sheriff's Office shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous conditions. Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law. F-G. Section 104.10.1 Assistance from other agencies, is amended to yeaas follows with the following additional language: a) The Whatcom County Fire Marshal shall have the authority to render necessary assistance in the investigation of fires. The Whatcom County Fire Marshal and designated, assigned staff members shall have the powers of a limited authority of a Washington peace officer as defined in Chapter 10.93 RCW. They shall be commissioned by the Whatcom County Sheriff as specially commissioned Washington peace officers, as Page 23 of 44 372 defined in Chapter 10.93 RCW, upon satisfaction of the training and other requirements prescribed or approved by the Washington Criminal Justice Training Commission, for the purpose of administering this code. CH. Section 105.7.1 Automatic fire-extinquishing systems, is amended with the addition of the following language: Commercial cooking arrays require permanently affixed signage that states: "Alteration of commercial cooking arrays is prohibited without prior review and approval from the Whatcom County Fire Marshal." Sign location to be determined by the Fire Marshal. #I. Section 105.7.8 Flammable and combustible liquids, is amended as follows: 1. (unchanged) 2. (unchanged) 3. To install, alter, remove, abandon, or otherwise dispose of a flammable or combustible liquid. Abandoned underground fuel tanks are required to be removed according to all applicable codes and safety standards except under special circumstances, such as steep or extreme topography, significant physical obstructions, or similar circumstances, as approved per the discretion and judgment of the Fire Marshal. U Section 108.1 Board of appeals, is amended to read as follows: In order to hear and decide appeals of orders, decisions or determinations made by the Fire Marshal relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. Whatcom County Ordinance No. 2007-024 shall be the Fire Code appeals board. The Appeals Board shall be the same board for all codes appeals, except as amended in WCC Chapter 15.04. dK. Section 202 General Definitions, is amended to read as follows: a. Fire Chief. Whenever the term fire chief is referenced in this code it shall mean Whatcom County Fire Marshal (Fire Code Official) or his/her designee, as identified in IFC Section 103, except as stated in IFC Section 104.11 and/or where the Fire Marshal has delegated a specific responsibility to the Fire Chief of a given fire district by verbal, written, and/or historic agreement. b. Fire Code Official. Whenever the term fire code official is referenced in this code it shall mean Whatcom County Fire Marshal or his/her Page 24 of 44 373 designee, as identified in IFC Section 103.2 and as amended per WCC 15.04.040. J4L. Chapter 5 is amended to include adoption of all sections of the chapter not adopted by Washington State Amendments, Chapter 51-54A, as authorized per RCW 19.27.060, #5 LM. Appendix B, Fire Flow Requirements for Buildings is amended as follows: 1. Section B103.1 Decreases. The Fire Marshal is authorized to reduce the fire -flow requirements for isolated buildings or a group of buildings in rural areas or small communities where the development of full fire - flow requirements is impractical. This may include consideration of alternative materials and methods where the Fire Marshal finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method, or work is at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire -resistance, durability, and safety. 2. Section B104.1 General, is amended as follows: a. The fire -flow calculation area shall be the total floor area of all floor levels within the exterior walls, and under horizontal projections of the roof of a building (such as a connecting breezeway), otherwise including only areas that are fully enclosed on all sides and which have a full ceiling height. Full ceiling height means an average (50% or more) ceiling height of 6 (six) feet — 8(eight) inches (203.3 cm), including under -floor areas that are accessed by a side -hinged man door, sliding door, overhead door, or similar standard height access. The calculation area is measured to the outside surface of exterior and/or enclosure walls. b. In general, commercial and industrial structures will be measured according to the same methodology as residential/accessory buildings, except that structures will also be judged according to their use and corresponding hazard, according to the applicable codes in the IFC and IBC, and according to the judgment and discretion of the Fire Marshal. As such area may be calculated for roof only (open sided) structures, covered open/partially open portions of buildings, to the outside edge of eaves, and/or for uncovered portions of structures (decks, balconies, loading docks, etc.) on a case -by -case basis where, in the discretion of the Fire Marshal, it is warranted to preserve the health, safety, and welfare of the public, building occupants, and/or emergency responders. Page 25 of 44 374 3. Section B105.1 One- and two-family dwellings: a. The minimum fire flow and flow duration requirements for one- and two- family dwellings having a fire -flow calculation area, including both existing and new proposed building area, that is measures in excess of 4000 square feet (371.6 m2) shall be 500 GPM @ 20 psi for 1 hour. b. An NFPA 13D automatic sprinkler system throughout the measured fire area of a residence and/or residential accessory building qualifies as 100% reduction/mitigation in fire flow when the requirement threshold is exceeded. c. An NFPA 13-D automatic sprinkler system is required throughout all dwellings with a measured fire area exceeding 8000 square feet. In addition, fire -flow for dwellings with a fire -flow calculation area laF9eF than exceeding 8,000 square feet (743.2 m2), shall not be less than that specified in Table 13105.1, as amended by Whatcom County, with the ability to apply. fi e- pmteGtien GFedits or, degn-rihoO iR Table 8105.2. except that the flow duration may be a minimum of one hour. d. Table 13105.1(1) is not adopted. 4. Section B105.2, Buildings other than one- and two-family dwellings, is amended as follows: DEFINITIONS: • Agricultural Building. Livestock shelters or buildings, including shade structures and milking barns; poultry buildings or shelters; barns; storage of equipment and machinery used exclusively in agriculture; horticultural structures, including detached production greenhouses and crop protection shelters; sheds; grain silos; stables. (IBC Appendix C, Group U-Agricultural Buildings) • Agricultural processing building and/or facility. Buildings/facilities where agricultural products are cooled, frozen, or dried and packaged in their otherwise unaltered, primary state for shipping to distribution sales outlets. Ag processing buildings/facilities may include conveyors, refrigeration equipment and rooms, other applicable processing or environmental mechanical equipment, offices, employee facilities, restrooms, product and product packaging Page 26 of 44 375 storage, loading docks, and similar applicable accessory appurtenances. Although Ag processing buildings/facilities are determined by Whatcom County to be a Group U occupancy for purposes of determining fire flow requirements, they represent a more intensive use than agricultural buildings, based on the typical number of personnel (even if seasonal), type of equipment, and typical operations. Appropriate, applicable health, fire, and life/safety codes and regulations will be applied in the review process of these buildings/facilities. Cooking, modifying, altering, combining, and/or other secondary food processing/manufacturing is not considered Ag processing. The primary use for this type of processing is determined to be a Group F occupancy per applicable provisions of the IBC and other adopted codes and regulations. 5. The minimum fire -flow and flow duration requirements for private garages, detached shops, and agricultural storage buildings (Group U occupancy) shall be 500 gpm @ 20 psi for 1 hour. Exception: Fire -flow is not required if the structure meets one of the following criteria: 1. It does not exceed 2500 square feet (232.3 m2) 2. It is protected by an approved automatic fire sprinkler system 3. It has 60 foot setbacks to all property lines, and other structures on the same lot. Setback measurement may include the full width of an adjacent public way, no -build easement recorded with the Auditor to run concurrent with the deed, or similar instrument or provision acceptable to the Fire Marshal. 4. It has 100 foot setbacks to all property lines and other structures on the same lot for buildings which include hay storage, other combustible fibers, the potential for loose combustible fibers, and/or the potential for combustible dust (IFC Sections 2204 and 5204.1 3704.1; NFPA 61). Setback measurement may include the Page 27 of 44 376 full width of an adjacent public way, no -build easement recorded with the Auditor to run concurrent with the deed, or similar instrument or provision acceptable to the Fire Marshal. 6. The minimum fire -flow and flow duration requirements for agricultural processing buildings LJ) not exceeding 6000 square feet (557.4 m2) shall be 500 gpm @ 20 psi for 1 hour. If the building exceeds 6000 square feet (557.4 m2), Table B105.1, as amended by Whatcom County, shall apply except that, at the discretion of the Fire Marshal, where adequate and reliable water supply systems do not exist the duration may be reduced by up to 50%, but not to be reduced to below a duration of 1 hour. Exception: Fire -flow is not required if the structure meets one of the following criteria: 1. It does not exceed 2500 square feet (232.3 m2), open on three ciders in measured fire area. 2. It has 60 foot setbacks to all property lines, and other structures on the same lot. Setback measurement may include the full width of an adjacent public way, no -build easement recorded with the Auditor to run concurrent with the deed, or similar instrument or provision acceptable to the Fire Marshal. 3. The building is provided with an NFPA 13 automatic sprinkler system throughout, including water storage to support the sprinkler system per the system design, plus an additional 500 gpm of fire flow at 20 psi for a duration of one hour, to be available at an approved hydrant or hydrants as determined by the Fire Marshal. 7. The minimum fire -flow and flow duration requirements for buildings other than one- and two-family dwellings and Group U buildings specified above, shall be as specified in Table B105.1, as amended by Whatcom County, with the ability to apply fire -protection credits as described in Table B105.32 but not to be reduced to below 500 GPM @ 20 psi for duration of 1 hour for Group F and S occupancies, including accessary occupancies (per IBC 508.2); 1500 GPM @ 20 psi for a duration of 1 hours for occupancies and/or mixed occupancies including Group A-, B, E, I, M, and R occupancies except where lower gpm is indicated per Table B105.1. Fire -flow reductions for Group H occupancies may only be considered at the discretion of the Fire Page 28 of 44 377 Marshal. Increases in fire flow may be required based on the Fire Marshal's evaluation of operational hazard and/or occupancy group. Fire protection credits shall not allow the elimination of required systems as required in other parts of the Fire Code. Exception: Fire flow is not required if the structure meets both all of the following criteria: 1. It does not exceed 2500 square feet (232.3 m) 2. It does not contain a hazardous operation, as determined by the Fire Marshal. 3. Not a GroupA occupancy. Tables B105.1, B105.2,B105.3 TABLE 13105.1 Fire -flow for Buildings Other h n One- and Two- F mil Dw Ilin n Private Garages n Commercial AgrigUlturall Buildings (Gr Con tr T a IA & IB IIA & IIIA IV & VA IIB & IIIB VB Required Fire Flow GPM Duration Hours WHEN TOTAL FIRE AREA IN SOUARE FEET (b) IS EQUAL TO OR LESS THAN THESE VALUES 5.500 3,700 2,600 2 100 1 600 500 1 11,100 6 800 4 700 3 500 2,400 750 1 15,900 9 300 6 200 4 500 2 900 1,000 1 22 700 12,700 8,200 5.900 3,600 1.250 1 30,200 17,000 10,900 7.900 4,800 1,500 1 38.700 21 800 12,900 9,800 6200 1.750 1.5 48.300 24,200 17,400 12,600 7 700 2,000 1.5 59.900 33,200 21,300 15.400 9.400 2,250 1.5 70 900 39 700 25.500 18 400 11 3-0-0 2 500 2 83.700 47.100 30 100 21 800 13,400 2,750 2 97,700 54.900 35,200 25,900 15,600 3,000 2 112,700 63.400 40 600 29 300 18,000 3 250 3 128,700 72.400 46,400 33,500 20,600 3,500 3 145 900 82 100 52,500 37 900 23,300 3,750 3 164 200 92,400 9 100 42 700 26.300 4,000 4 184,400 103,100 66,000 47,700 29 300 4,250 4 203,700 114,600 73,300 53 000 32 600 4,500 4 225,200 126.700 81,100 58 600 36,000 4,750 4 Page 29 of 44 378 247,700 139,400 89,200 65 400 39,600 5 000 4 271,200 152 600 97,700 70,600 43.400 5 250 4 295 900 166,500 106,500 77 000 47,400 5,500 4 GREATER GREATER 115,800 83.700 51 500 5 750 4 125,500 90,600 55.700 6,000 4 135,500 97,900 60 000 6,250 4 145,800 106 800 64,800 6 500 4 156,700 113,200 69,600 6,750 4 167,900 121,300 74.600 7,000 4 179,400 129,600 79 800 7 250 4 191,400 138 300 85 100 7 500 4 GREATER GREATER GREATER 7,750 4 (a) Types of construction are based upon the current adapted edition of the IBC. (b) Each portion of a building shall be considered as a separate fire_ area vyhen separatedby one or more fire walls built in accordance with the IBC. 1 1 ;�596 1 TABLE B105.32 Fire Protection Credit for Commercial Rural Fire -Flow Options to Reduce Fire -Flow (a) % Reduction (b) NFPA Monitored Fire Alarm 25% NFPA 13 Automatic Sprinkler System 75% 40' Minimum Setbacks (c) 25% (a) Credits used for or with substantial alterations shall be applied to the entire structure. (b) Reductions will be simply rounded to the closest fire flow rate and applied for the duration prescribed by that flow rate. In cases of an equal distance between two rates, the rate will be rounded down. (c) Setbacks apply to all property lines and buildings, on all sides of the structure. Setback measurement may include the full width of an adjacent public way, no -build easement Page 30 of 44 379 recorded with the Auditor to run concurrent with the deed, or similar instrument or provision acceptable to the Fire Marshal. MN. Appendix C, Fire Hydrant Locations and Distributions, is amended with the following added section: a. Section C106 Subdivision Alternative, is added to the Appendix: C106.1 Hydrant placement alternative, subdivisions and plats with no fire flow infrastructure require a minimum lot size of 1 (one) acre and a minimum 20 (twenty) foot setback from property lines to structures, in addition to applicable fire flow requirements per Appendix B as amended. NO. Appendix D, Apparatus access roads, is amended as follows: a. Section D103 Minimum Specifications, is amended with the following additional language: 1. Fire apparatus access roads serving up to 2 (two) residential lots, where building location is less than one hundred fifty feet (150') from approved access roads require a minimum width of 12 feet (3658 mm) and a minimum vertical clearance of 13 feet-6 inches (4115 mm). 2. Fire apparatus roads over one hundred fifty feet (150') long serving up to two residential lots: a. Minimum width — twelve foot (12') driving surface with turnouts no farther than every six hundred feet (600') when required by the Fire Marshal. To create a turnout, the road shall be widened to twenty feet (20') in the direction of travel for a minimum distance of one hundred feet (100') to allow vehicles to pull over and allow emergency vehicles to proceed. Turnout shall be located approximately midpoint for driveways over six hundred feet (600') but less than twelve hundred feet (1200'). See Exhibit B. b. Vertical clearance — minimum thirteen foot, six inch (13'-6") unobstructed vertical clearance for the required width of the road. See Exhibit A. 3. Surface — Per Whatcom County Development Standards (WCDS), Chapter 5, Road Standards. Minimum standard per Exhibit C, Driveway Section. Page 31 of 44 4. Turning radius — minimum thirty-five foot (35') radii. Residential private roads and driveways per Exhibit C and D. 5. Turnarounds — For all projects other than residential or residential accessary, turnarounds shall be a minimum twenty feet foot (20') wide drivable surface, and legs sixty feet (60') long deep of per WCDS, Chapter 5, Road Standards. Where options are limited by topography or at the discretion of the Fire Marshal for other considerations, turnarounds for residential or residential accessory structure access may be a minimum twenty foot 20' wide drivable surface and turnaround legs forty-five feet 45' long. in all Ga6e Turnarounds shall be located within 150 feet of a structure that requires access but no closer than50 feet unless otherwise approved by the Fire Marshal where topographic or other significant obstacles exist. See Exhibit D. 6. Bridges - Bridges, box culverts or similar passageway structures built over depressions or obstacles shall be herein after referred to as bridges. When a bridge is required to be used as part of a driveway access road, it shall be designed and constructed per the current adopted edition of the WCDS, Chapter 5, Road Standards, Section 513, Bridges and Associated Retaining Walls and per applicable portions of IFC Section 503. Vehicle load limits shall be posted at both entrances to bridges when required by the Fire Marshal. 7. Grade per Exhibit A and WCDS, Chapter 5, Road Standards. Residential and residential accessory structures accessed by roads or driveways exceeding 12% grade require mitigation such as an automatic sprinkler system, per NFPA 13-D, throughout the applicable building(s); an approved fire flow system; equivalent mitigation approved at the discretion of the Fire Marshal in addition to standard access road requirements. 8. Installation of residential accessory buildings less than 2500 sf, small residential/accessory additions, and similar minor changes or alterations may be exempt or may not trigger road standard improvements on a case by case basis at the discretion of the Fire Marshal. 9b. Section D103.5 Fire apparatus and access road gates, is amended as follows: Gates installed across emergency apparatus access roads and driveways require a permit from the Fire Marshal's office. Item #1 is amended as follows: Page 32 of 44 381 is provided, the net openable gate width shall be not less than 20 feet 6096 mm . Where a fire apparatus road consists of a divided roadway (one separate lane in each direction) or the current required width of the apparatus access road is a minimum of 12 feet 3658 the net openable gate width shall be not less than 12 feet (3658 mm at each lane or road. The net openable width of the -gate shall not be less than the applicable required drivable surface width of any access road or driveway. Add to Item #10: At the Fire Marshal's determination, applications for gates proposed to be installed across private access easements roads and driveways, which are shared by multiple property owners/users,ma be required to include written notarized confirmation from all property owners/users approving the gate installation. Add as Item #11: Gate installations where multiple properties are accessed shall include an approved universal public safety access_ system that will allow access by all emergency responders. Add as Item #12: Where deemed appropriate, the Fire Marshal may require language addressing maintenance responsibilities and/or incorporation of maintenance language and other relevant information reg-arding an gate to be recorded with the County Auditor separately or as part of the access easement�s) description. Pc. Fire apparatus access roads — Access serving more than Two (2) residential units shall meet the following: 1. Standards per Exhibit A and current adopted Whatcom County Development Standards (WCDS), Chapter 5, Road Standards. 2. The Fire Marshal may make modifications in these standards if the road is not buildable because of topography, waterways, nonnegotiable grades, or similar conditions. These modifications are based on: a. The building being protected by a minimum NFPA 13D Automatic Sprinkler System. b. Additional fire protection features as required by the Fire Marshal. Page 33 of 44 382 3. When. in the opinion of the Fire Marshal, a residential addition or a new detached accessory buildings will not create a more significant fire load or hazardous situation, €exceptions may be made for: ■ a4Minor additions ^—s I;-,-a�ssery buildings- to existing dwellings not exceeding 1248 square feet of net measurable fire area where the total measurable fire area of the contiguous building (new and existing) does not exceed 4000 square feet. ■ One, small, detached accessory building not exceeding 864 square feet in measurable fire area or where the aggregate measurable fire area of all detached accessory buildings on a site does not exceed 864 square feet. Qd. Emergency vehicle access roads or driveways shall not be obstructed in any manner, including the parking of vehicles. Width and clearance requirements of these standards shall be maintained at all times. Re. See Exhibits A, B., C, and D, for additional information, details, and illustrations amending Appendix D. Page 34 of 44 383 Exhibit A: Private Roads/Streets, Driveways and Fire Apparatus Access This section applies to roads/streets that are privately owned, generally within an easement providing direct access to private land(s) for local traffic movement and connect to local public access, collectors or arterial roads/streets. Private roads/streets are maintained with private funds and where the county, municipality or WSDOT performs no maintenance. Criteria for Authorization: Private roads/streets may be permitted when so provided in appropriate ordinances or at the discretion of the County Engineer when: 1. Covenants have been approved and recorded with the County which provide for maintenance of the private roads/streets and associated parking areas by the owners in the development, including placing of liens for non-payment of fees, and/or road maintenance agreement(s) on the face of the Long Plat, Short Plat, or Binding Site Plan. 2. Provision is made for the roads/streets to be open at all times for emergency and public service vehicle use. 3. The private road is not needed as a public road and will not obstruct public street circulation. 4. Intersection spacing between private roads shall be consistent with the spacing shown in Development Standards Section 505.M. 5. The roads are within a private community with a corporate identity or Homeowners Association, as identified by the State of Washington under RCW 64.38. 6. Fire Apparatus Access Roads (Private Roads/Streets and Driveways) a) County fire code requirements for "Fire Apparatus Access Roads" are contained in WCC 15.04.010 and as amended in WCC 15.04.040. b) Criteria. The following criteria, per Exhibit A Geometrics, apply to Fire Apparatus Access Roads serving residential and residential accessory use: Page 35 of 44 Exhibit A Geometrics: Unobstructed Minimum Turning See also Radii ft Minimum Minimum Development Standards Road Incremental Surface Vertical Users) Grade °/o Treatment Width, ft Clearance ft Inside Outside Drawin s) < 12 CSTC(') 1�2 12 minimum 13.5 25 40 505.E-6 12 -14 Paved(2) Heated 15 -18 racoved PCC < 12 CSTC(') 3=6 18(5) 505.E-1, 12 -14 Paved(2) Heated 15 -18 rogved PCC 13.5 25('') 43t�) < 12 Paved�2) 7 or 26(5) 505.E-2, 12 -14 Paved(2) more 15 —18(8) Heated grooved PCC household is the approximate equivalent of 10 average daily tries (ADT). (Grades exceeding 18% may require special and/or rnuliiple mitigation_ measures and will be approved at the discretion of the Fire Marshal. • Turnouts - For driveways and roadways less than 20 feet wide, see Exhibit 8 (Development Standards Drawing 505.E-5). • Turnarounds - Establish turnarounds for driveways and roadways greater than 150 feet in length per Exhibit D (Development Standards Drawing 505.E-6, 505.E-1, or 505.E-2 as applicable). Subject to other related codes and standards, i.e. Title 20.80. ■ Fire Hydrants - Where a fire hydrant is located on a Fire Apparatus Access Road, the minimum roadway width shall be 26 ft. for a length of 40 ft. centered on the fire hydrant. • Bridges - At the discretion of the Fire Marshal all bridges shall meet the requirements in Development Standards Section 513 Bridges and Page 36 of 44 385 Associated Retaining Walls. See WCC Section 15.04.040, Section A, Item 11, Subsection b. • Security Gates and Emergency Accesses - The County Fire Marshal requires a separate permit for any security gate or emergency access restricting device/system. • Access Approach Surfacing Requirements - All fire apparatus access approaches shall have an approved paved/hard surfaced apron unless otherwise directed pursuant to this section and Development Standards Section 508 Roadside Features. See Exhibit C, Driveway Section. • Additional or Alternative measures - The County Fire Marshal may consider or require additional or alternative fire protection measures on a case by case basis. Criteria for Construction: Private roads/streets shall conform to the applicable sections of these Standards. Also see ❑evelopment Standards ❑rawings 505.E-1 and 505.E-2. Page 37 of 44 001110 Exhibit B � � ] ■ q � � 3 \ 2 , 3� _W � z � � a- � ! i '0 a FIL { o | ¥ § En © 2 % 6 � � z m I � 2 I§ Li % d - '§ § S 2 � m 2 \ ,d § I IF Page ]§ of44 387 Exhibit O i § » LW — ,§ 3� �j _ �� �»�»■ � ¢ LO k�kk § L��§ k $ 2 Ell �qw C3 �> _ �7 °# E > ')Lj � § � k � ,4 Rc S e]§ im (� i zm Pb- P4 �D L) > � � � 99 � � � � � z � � Page 39 of 44 Exhibit D a, w M1 n N Page 40 of 44 0• 15.04.050 Permit expirations and violations of the above referenced codes. A. Expiration. 1. Sections 105.5 of the IBC, R105.5 of the IRC, and 105.3.1 of the IFC are amended as follows: Every permit issued under the provisions of this code, according to IBC Section 105.5 and IRC Section R105.5, shall expire and become null and void, if the work authorized by such permit is not commenced within 180 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. The building official is authorized to grant, in writing, one or more extensions of time, for a period not more than 180 days each. The extension shall be requested in writing and justifiable causes demonstrated. In the event of permit expiration, before such work can recommence, a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year. These permits are only transferable with the prior approval of the Building Official and any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued. Every permit issued under the provisions of this code, according to IFC Section 105, shall expire and become null and void, if the work authorized by such permit is not commenced within 180 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. The fire code official (designated as the fire marshal) is authorized to grant, in writing, one or more extensions of time for a period not more than 180 days each, except that expiration and extension shall not apply to open burning permits. The extension shall be requested in writing and justifiable causes demonstrated. In the event of permit expiration, before such work can recommence, a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. An operational permit under the IFC shall remain in effect until reissued, renewed, or revoked or for such a period of time as specified in the permit. These permits are not transferable and any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued. B. Construction Without Permit. Page 41 of 44 390 1. The following paragraph shall be added to IBC Section 114.1, IRC Section R113.1, and IFC Section 109.1: When construction and/or development has occurred on a site without a valid permit as required by this chapter, any and all permits or approvals issued by the county may be denied for that site until the issue has been resolved. In addition, prompt restoration of the site to its original condition will be required. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use for which it authorizes is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Director of Planning & Development Services, the Building Official, the Fire Code Official, or any administrator who has been granted authority by the Director from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error. 2. The following paragraph shall be added to IBC Section 114.1, IRC Section R113.1, and IFC Section 109.1: When construction, development, modification, or any changes to a structure have taken place without a valid permit as required by this chapter, the County may, at its discretion and as it deems necessary for compliance, may require the structure to be restored to its original construction/condition. This may include, but is not limited to, complete or partial demolition of the structure or remodel; removal of framed walls or other structural components; electrical systems and/or components; cabinets, doors, countertops, fixtures, drywall; plumbing and/or plumbing fixtures; applicable appliances. Time lines required to restore the structure to its original condition shall be at the discretion of the County. C. Stop Work Orders. 1. Sections 115 of the IBC, R114 of the IRC, and 111 of the IFC are amended as follows: In the event any person, firm, partnership, corporation or other entity violates any provision of this ordinance or any code adopted by this ordinance, the County may issue a notice of violation, to be delivered to the owner, operator, or their agent, or to be conspicuously posted at the site. In a non -emergency situation, such notice may include notice of the intent to issue a stop work order no less than 10 calendar days following the receipt of the notice, and provide for an administrative pre -deprivation hearing within 10 calendar days of notice/order. In an emergency situation where Page 42 of 44 391 there is a significant threat to public safety or the environment, the County may issue a stop work order. The stop work order shall include, in writing, the right to request an administrative post -deprivation hearing within 72 hours following receipt of the stop work order. Failure to comply with the stop work order shall be a gross misdemeanor punishable upon conviction by a minimum fine of $500.00 up to a maximum fine of $1000.00 or one year in jail, or both. Under no circumstance may the court defer or suspend any portion of the minimum $500.00 fine for any conviction under this section. Each day or part thereof of noncompliance with said order to stop work shall constitute a separate offense. D. Violation Deemed Misdemeanor. 1. Sections 114 of the IBC, R11,3 of the IRC, and 109 of the IFC are amended as follows: Any violation of the provisions of the International Building, Fire, Residential or other related codes as herein adopted is a misdemeanor. Any person, firm or corporation violating any of the provisions of this code or failing to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents, directives or conditions of the Building Official or the Fire Code Official or the Director of Planning and Development Services or of a permit or certification used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. a. EXCEPTION: The International Fire Code Section 307 Open Burning and Recreational Fires shall constitute Class 1 civil infractions pursuant to RCW 7.80.120. The maximum penalty and the default amount for such violations shall be consistent with Chapter 7.80 RCW. All violations shall be heard and determined in accordance with the system established in Chapter 7.80 RCW. After having been found to have committed two successive infractions for violations of the same provision of this title on the same property, any person, firm, or corporation who continues to violate this title in the same manner on the same property shall be guilty of a misdemeanor, punishable by a fine of not more than $1000.00 or by imprisonment not exceeding 90 days, or both such fines and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. E. Notice of Violations. 1. Section 109.3 of the IFC is amended as follows: Page 43 of 44 392 When the Fire Code Official, referred to as the Fire Marshal, finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe. When immediate compliance is not possible, a time shall be specified for re -inspection. In special situations citations could be issued to individuals violating this code. F. Civil Penalty. 1. Any person, firm, partnership, corporation or other entity violating any of the provisions of this chapter, or of the codes adopted by reference by this chapter, shall be deemed guilty of a civil offense and each day during which such violation is continued or committed shall constitute a separate offense, and shall be fined not more than $1,000 for each offense. The penalty provided in the above section shall be imposed by a notice in writing and delivered by personal service to the owner, the owner's agent, the operator and/or violator, and/or sent by certified mail, and/or be conspicuously posted at the site. The notice shall include the amount of the penalty imposed and shall describe the violation with reasonable particularity in ordering the act(s) constituting the viclation(s) to cease and desist or, in appropriate cases, requiring necessary corrective action to be taken within a specific and reasonable time. The notice may simultaneously accompany a notice of penalty. 2. Within 30 days after the notice is received, the person incurring the penalty may apply in writing to the building official for remission or mitigation of such penalty. Upon receipt of the application, said department may remit or mitigate the penalty upon whatever terms the department in its discretion deems proper. The final decision of the building official, fire code official or the director of planning and development services on mitigation or revision shall be reviewed by the county council, if the person being penalized files a written appeal therewith of said decision, within 10 days of its issuance. The decision of the county council regarding the penalty imposed shall be final. In addition to the civil penalties described above, the prosecuting attorney may in his discretion bring such injunctive, declaratory or other actions as deemed necessary to ensure that violations of this chapter are prevented or cease, and to otherwise enforce the provisions of this chapter. (Ord. 2004- 064 § 2) Page 44 of 44 393 WHATCOM COUNTY J.E. "Sam" Ryan Planning & Development Services Director 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TIFY 800-833-6384 360-778-5901 Fax Date: October 12, 2016 To: Whatcom County Council VJ From.. Wain Harrison, Manager Building Services/Deputy Fire Marshal Through: J.E. "Sam" Ryan, Director/Fire Marshal Off --- Subject: Ordinance to revise and update Whatcom County Code, Title 15 Follow Up to Previous P&D Committed Meeting, 10/11/16 Following the review of discussion of the proposed ordinance to revise and update Whatcom County Code (WCC) Title 15 with the Council P&D Committee, the Committee and Council members asked for some modifications and additional research and information. Deletions are indicated by strikethrough and proposed modification language is underlined and highlighted in light gray: Sections 15.04.020, 030; and 15.04.040, Subsection E, 104.9 Alternate materials and methods: Where the alternative material desi n or method of construction is not approved, the Building Official shall res and in -writing, statinq the reasons why the alternative was not approved. when a determination re nest is submitted to the Building Official in writinct. Or Where the alternative material design or method of construction is not approved, the Buddi-Gfficial Fire Marshal -atj*slher-�n- shall respond in wrifing, stating the reasons why the alternative was not approved, when a determination request is submitted to the Fire Marshal in writing. Section 15.04.040, Subsection O (a) (5): The language "in all cases" has been removed. "...unless otherwise approved by the Fire Marshal where topographic or other significant obstacles exist." has been added to the end of the subsection. Page 1 of 13 394 Section 15.04.040, Subsection M (7): Council has requested more information and additional discussion prior to approving the recommendation of an increase in the minimum fire flow standard from 500 gpm to 1000 gpm (for a duration of one hour) in consideration of factory, manufacturing, and storage/warehouse occupancies. This is the equivalent of 60,000 gallons of water storage. I would remind the Council that for previous multiple decades the minimum required fire flow for these type of occupancies has been 1500 gpm (90,000 gals.). When the Fire Marshal's Office endeavored to update and codify WCC in the 2012 ordinance we proposed the reduction to 500 gpm. In partial explanation of this current proposed increase from 500 gpm to 1000 gpm, I cited the example of the recent manufacturing/warehouse fire north of Ferndale that took over 500,000 gallons of water to suppress the fire. This was in a facility of noncombustible construction equipped throughout with automatic sprinklers which functioned properly. I would also point out that WCC exempts buildings of this type of occupancy from fire flow requirements up to 2500 sf. Without this exemption a building of this size, according to Table B105.1, would require a minimum of 750 gpm (45,000 gals.). Councilmember Brown expressed a concern regarding the potential cost increase to businesses for upsizing a fire flow system, including pump and tank, from 500 gpm to 1000 gpm. A comparison cost estimate was prepared and submitted by Freeland and Associates showing the cost of an on -site system with an above ground concrete storage tank, listed/tested fire pump, pump house, piping and wiring: A. 500 gpm delivery system, one hour duration (30,000 gal.) _ $193,812.10 B. 1000 gpm delivery system, one hour duration (60,000 gal.) _ $230,987.50 System B represents an approximate 17% increase over the cost of System A. See the complete Engineer's Estimate attached. However, System B would still represent an approximate 17% cost decrease over the previous system minimum of 1500 gpm prior to the 2012 update ordinance. Information and response to issues raised by Roger Axelson regarding fire flow and IFC Appendix B: Mr. Axelson brought up several issues related to fire flow. He asked what other jurisdictions required regarding this. Eight western Washington counties were surveyed: Skagit, Snohomish, King, Pierce, Kitsap, Thurston, Clark and Skamania. All except King County have adopted IFC Appendix B and included some degree of modifications similar to Whatcom County. King Co. chose to write its own fire code version with modifications and exemptions. See attached excerpts from the respective county code sections. It appears clear Whatcom County is in line with the standard of protection adopted by a substantial number of other Western Page 2 of 13 395 Washington counties. Note that adoption of IFC Appendix B requires all fire flow water to be measured at a minimum of 20 psi. Mr. Axelson wants the Fire Marshal to allow the installation of unpressurized draft water storage systems thus eliminating the cost of the listed fire pump. He cited NFPA Standard 1901, stating the hard pipe for a draft connection is required. However, the current edition of that standard only requires pumper apparatus to carry the hard pipe as an option (NFPA Standard 1901, Chapter 5, Pumper Fire Apparatus, Section 5.8.2.1). The majority of Whatcom County fire districts (FD) choose not to exercise this option in consideration of the following partial list of factors: • Draft systems are typically private systems and are historically poorly maintained. Inventory and other storage items are often found obstructing hydrant access on industrial sites (pallets, barrels, machine parts, etc.). Brush, limbs and overgrowth often impede access. • Assuming access is not impeded the apparatus must be exactly positioned regardless of topography. • The hard pipe connections must be carefully made and extremely tight to eliminate incomplete suction. • Connection to a pressurized system typically takes about 90 seconds to be operational. A hard pipe draft connection can typically take 8 - 12 minutes, sometimes more. Any firefighter will tell you this is a significant world of difference in time (5 to 8 times longer). NFPA Standard 1142, Chapter 4 Calculating Minimum Water Supplies, still requires significant water supplies on larger scale and/or hazardous projects and it requires that fire districts meet a minimum standard of time to deliver water that is not achievable when attempting a hard pipe draft connection. In addition, NFPA 1142, per the scope of the document, is not applicable to large rack storage facilities and other hazardous occupancies. • Private draft storage systems can only be tested for ongoing maintenance and operation by connection to a fire district pumper truck and are supposed to be tested annually. The FD and/or the Fire Marshal's Office do not have the time or resources to track and make these tests for private companies or individuals under any circumstance. Therefore, the systems are typically not tested and not maintained. The FD has no idea whether the system will function until they have taken the time to make the connection. If it is not functional the FD has wasted valuable equipment, personnel and time. It is conceivable the FD could charge concurrency mitigation fees through SEPA for resources and insurance to provide draft system tracking and annual testing of private systems which would have to be factored into the overall cost of a draft system. • A typical fully equipped pumper currently costs +/- $600,000.00 or more. A poorly maintained system may allow gravel, vegetation, fish, frogs and other debris to flow through the system, potentially damaging the pumper equipment. The FD's are generally unwilling to take this risk with such valuable equipment. Page 3 of 13 396 Note the example of an unpressurized, on -site tank storage system proposed for a company that uses flammable liquids in its manufacturing process and stores large quantities of flammable liquids on the site. The tank would have had a static head pressure of approximately 8 psi (when full) which would diminish as the tank volume decreased. The district chief promised to withdraw the written "will serve" status required by GMA and appeal if the County approved this system. Furthermore, this project and this type of occupancy are not eligible to have NFPA 1142 fire flow reductions applied because of the hazard level (NFPA 1142, Section 1.3). Mr. Axelson also cited NFPA Standard 1142 Water Supplies for Suburban and Rural Fire Fighting, which allows for different types of fire water storage and delivery systems, including draft systems. In Chapter 4, Calculating Minimum Water Supplies, Section 4.1.3, states that the AHJ may require increases to compensate for particular conditions, including but not limited to: 1. Limited fire department resources. 2. Extended fire department response time or distance. 3. Potential for delayed discovery of the fire. 4. Limited access. (Many, many private access roads are substandard and/or under maintained. 5. Unusual terrain. All of the above conditions exist in numerous locations of every county fire district. Finally, please keep in mind that, while Mr. Axelson has quoted a few limited sections of NFPA 1142, it actually encompasses 59 pages of complicated standards and cross references 14 additional NFPA standards. When all applicable aspects of the standard are applied to typical manufacturing/warehouse occupancies significant amounts of fire water are still required. Additionally, the draft systems design standards are complicated and highly engineered. Page 4 of 13 397 � I w ww w 4 w;rRr 0 P �7 off r, I . Y7 4A W I40 R m W pp VI C G As N N M Base a h•-J! A W Y1 L] M r!I rl� r7 V v 3 a Ipi ce � a rr w'nlw a w w slog cn w w�Y► $ H d o WILrV I a C v _ ism C 8�, s W fl 6�1 LG WII j. LIA xx rA YF N ua a ;W� -g� F A im C, rq 4 g n c C h 3k g � tl•�n ^ ° 91 G U V� N 0 rY Mw My NHM ,l Y! M M Mpl q ~ 'nYai I I I I M N+ I I x 4a Rl Page 5of13 KM FIRE FLOW FOR OTHER_COUNTIEra 1. 5kacaiC County_ • (5) International Fire Code, 2015 Edition; Appendices A, B, C, D, and K; including the 2015 International Wildland-Urban Interface Code, published by the International Code Council; together with supplements and amendments thereto, per WAC Chapter 51-54. • Section 103.3 Buildings That May Not Require Fire Flow. • When, in the opinion of the Fire Marshal, a proposed building meets the criteria stated in "Skagit County Fire Marshal Procedures Concerning Fire Flow and Placement of Fire Hydrants," a permit may be issued without meeting the requirements for fire flow for the following: • (i) Single family residences and accessory buildings, such as garages and carports. • (ii) Agricultural buildings as defined in SCC 14.04.020 in agricultural resource lands as identified on currently adopted zoning maps. ■ (iii) Other buildings that comply with all of the following: • (1) Are less than 4000 sq. ft. in area; • (2) Are not an `H' or R occupancy group; • (3) Have 40-foot clear yards on all sides; and (4) Are in a rural area where fire flow is not practical. 2. Snohomish Cou 3. 30.53A.514 Fire protection water supply - replaced.10 SHARE V v p,.. 4. Section 507.1 of the IFC is deleted in its entirety and replaced as follows: 5. (1) The minimum water supply requirements contained in this section shall apply to land use and construction permit actions subject to this title, or to any Page 6of13 399 other existing or future code provision in which compliance with the fire code is specifically required. Water mains and fire hydrants shall meet the required minimum standards for water mains and fire hydrants. These requirements shall apply to land use and construction permit actions subject to this title, or to any other existing or future code provision in which compliance with the fire code is specifically required. 6. (2) In administering these requirements, the fire marshal or the fire marshal's designee shall have the authority to impose conditions on permits issued under this title where necessary to mitigate fire hazards. 7. (3) A water supply shall consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. Required water supply for fire protection shall include: 8. (a) An approved water supply capable of supplying the required water flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdictions 9. (b) All land upon which buildings or portions of buildings are or maybe constructed, erected, enlarged, altered, repaired, movedinto the jurisdiction, or improved, shall be served by a water supply -designed to meet the required flee flow for fire protection as §ot out in ap2pridix B of the IF- , except that fire flow requirements for rural areas outside of an Urban Growth Area shall be reduced by 25 percent. Fire flow requirements fbr structures with a supervised fire alarm system connected to an Underwriters Laboratory, Inc. approved fire alarm. center may be reducedby an additional:25 percent~ 10. (c) Prior to final approval of any subdivision or short subdivision, written verification by the water purveyor of actual fire flow, calculated in accordance with appendix B of the IFC, shall be provided to the fire marshal for review and approval. 11. (d) Prior to combustible construction of a single-family detached unit (SFDU) project the developer shall provide a final certificate of water availability indicating that all hydrants have been installed, charged and are operational. The hydrants shall provide a minimum 1,000 gpm for a 1-hour duration at 20 psi. Page 7 of 13 M 12. Exemptions: Except as provided in IFC section 508.1, the following permits and approvals are exempt from the water supply and fire hydrant requirements of this chapter: 13. (1) Subdivisions and short subdivisions in which all lots have a lot area of 43,560 square feet (one acre) or more in size; 14. (2) Building permits for structures classified by the building code as Group U occupancies (agricultural buildings, private garages; carports and sheds) that are restricted to private residential use only, provided that riding arenas or other agricultural type structures used or accessed by the public shall not be exempt; 15. (3) A building permit for a single family detached dwelling, duplex, or mobile home to be placed on a lot with a lot area of 43,560 square feet (one acre) or more in size; and 16. (4) Mobile home permits for mobile homes in established mobile home parks. 3. King County 17.04.470 Fire protection water supplies - Fire hydrant systems. Section 507.5 of the International Fire Code is not adopted and the following is substituted Fire hydrant systems (IFC 507.5). Fire hydrant systems shall be in accordance with the procedures specified in King County water -main and fire hydrant provisions, K.C.C. chapter 17.08. (Ord. 17837 § 76, 2014: Ord. 14915 § 59, 2004: Ord. 14111 § 203, 2001. Formerly K.C.C. 17.04.010227). 17.08.020 Application. A. Subdivisions and short subdivisions are required to be provided with water mains and fire hydrants, consistent with county standards and department of social and health services principles of water system design as a condition of final plat or short plat approval unless exempt pursuant to Section 17.08.030. Page 8of13 401 B. All structures or additions thereto erected pursuant to a building permit and/or mobile home perniit shall be served by operational water mains and fire hydrants consistent with, county standards priorty 1. the commencement or installation of combustible construction or 2. prior to construction of a second floor if the building is noncombustible, whichever occurs first, unless exempt pursuant to Section 17.08.030. C. Mobile home parks and recreational vehicle parks shall be required to provide water mains and fire hydrants consistent with county standards as a condition of final site plan approval. D. Permits or approvals for uses not involving a structure shall be served by water mains and fire hydrants consistent with county standards. E. All new water mains and all additions and extensions to existing water mains shall meet the requirements of this chapter, provided that water mains which serve only uses exempt pursuant to Section 17.08.030 are also exempt from the requirements of this chapter. F. All water purveyor comprehensive plans approved pursuant to K.C.C. Chapter 13.24 shall be consistent with the provisions of this chapter. G. All water mains and fire hydrants shall be served by a water district or water purveyor in accordance with a current water comprehensive plan approved pursuant to K.C.C. Chapter 13.24, or by other adequate means providing service levels consistent with the provisions of this Chapter 17.08.030 Exemptions. A. The following permits and approvals are exempt from the water flow and fire hydrant requirements of this chapter. These exemptions do not exempt any development from compliance with the requirements of state law. 1. Subdivisions and short subdivisions located outside an Urban Growth Area designated by the King County Comprehensive Plan and that do not contain a lot less than thirty-five thousand square feet in size. 2. Building permits for single family, duplex detached dwellings and mobile home permits for mobile homes not in mobile home parks, located outside an Urban Growth Area designated by the King County Comprehensive Plan, only if the lot is at least thirty-five thousand square feet in size. 3. Building permits for structures classified as Group U occupancies under the International Building Code that conform to the definition of agricultural buildings in Appendix C of the International Building Code only if the structures are located outside an Urban Growth Area designated by the King County Comprehensive Plan. 4. Building permits for structures that: a. do not exceed two -thousand -five hundred square feet in floor area (excluding garage); b. are served by a Group B water system; and c. are located outside an Urban Growth Area. 5. Building permits for structures that exceed the two -thousand -five hundred square feet limit provided for in subsection A.4.a. of this section, but comply with Page 9of13 402 subsection A.4.b. and c. of this section, shall be exempt from this chapter if the fire marshal determines that the project will not create a substantial fire hazard. B. The fire marshal shall have the authority to impose conditions including, but not limited to, increased setbacks, use of fire retardant materials or sprinkler system requirements on permits exempt under subsection A. of this section where necessary to mitigate identified fire hazards. C. Building permits and mobile home permits and subdivisions and short subdivisions exempt under subsection A. of this section shall as a condition of approval, record a covenant running with the land which acknowledges the absence of fire hydrants and by which owners of the property and their successors are deemed to have agreed to participate in and not oppose or protest annexation to a public water district or the formation of a utility local improvement district for installation of water mains and fire hydrants consistent with applicable county standards. However, this condition shall not apply to any subdivision or short subdivision, or to any building permits and mobile home permits exempt under subsection A. of this section when the lot is five acres or larger, or the proposed subdivision, short subdivision or structure is located outside an Urban Growth Area designated by the King County comprehensive plan. (Ord. 14915 § 117, 2004: Ord. 12321 § 1, 1996: Ord. 11625 § 2, 1994: Ord. 6541, 1983: Ord. 5828 § 4, 1982). 4. Pierce County B. Fire Flow Requirements for Buildings. Prior to the issuance of a building permit for any building, portion of a building, alteration to a building, or substantial alteration thereto, fire flow shall be provided in the amount required by this Section. Fire flow shall be automatically available and supplied at a residual pressure of not less than 20 psi. 5. KitsaP County D. The International Fire Code (2009 Edition), published by the International Code Council, and amended by the Washington State Building Code Council in Chapter 51-54 WAC; and as adopted and amended herein, together with: Appendix B, Fire Flow Requirements for Buildings; H. IFC Appendix B, Table B105.1 is amended as follows: Page 10 of 13 403 APPENDIX B, Table B106.1 MINIMUM REDUIRED FIRE FLOW AND FLOW DURATION FOR BUILDINGS° FIRE AREA(squarefeeq FIRE FLOW FLOW xa.a929for 0 (Irllom per DURATION minute) (hours) Typo l.Aand1-8 Typo 11AandIIIAb Type N-endy-A' Typo ll-Bendlll-B0 Type V-Br x3.7asfor LAnin. Omm 0-5= a5oo0 a5oco i,mo 2 5po1-30,=� 5p0I-17.0M 5,Oo1-1opm 5p01-7,9M 3pol-4,aw 1.7w [The rernaindsr off" B105.1 is as pintedin the IFq (Ord. 391 (2007) § 28, 2007: Ord. 323(A) (2005) (part), 2005: Ord. 323 (2004) § 88, 2004: Ord. 224-A (1998) § 4, 1998: Ord. 224 (1998) § 6.11, 1998) 6. Thurston Countv 14.32.220 - Appendix B amended —Fire flow requirements for buildings. International Fire Code Appendix B sections B 102,1, B 103.1, B 103.2, B 103.3, B 104.2, B 105.15 B 105.2 and Table B 105.1 are amended; and sections B 105.2.1, B 105.2.2, Figure B 105.1 and Table B 105.2 are added to read as follows: 7. Clark County 15.12.91100 Appendices adopted. O SHARE . Appendices B, E, F, and G of the IFC are adopted, with the following amendments: SECTION B101 GENERAL B 101. Scope. Fire flow requirements shall be determined by the Fire Marshal. The procedure for determining fire flow requirements for buildings or portions of buildings hereafter constructed shall be in accordance with this appendix. Page 11 of 13 M EXCEPTION: 1. A reduction in fire flow of up to seventy-five percent (75%) as approved by the Fire Marshal, is allowed when the building is provided with an approved automatic sprinkler system. The resulting fire flow shall not be less than 1,000 gallons per minute (3,785 L/min.). TABLE B105.1 MINIMUM REQUIRED FIRE FLOW AND FLOW DURATION FOR BUILDINGS FIRE FLOW CALCULATION AREA (square feet) FIRE f FLOW FLOW Type IA and Type IIA and Type IV and Type IIB (gallons per DURATION IBa IIB' V-Aa and IIIBI Type V-Ba minute)' (hours) 0—16,000 0 — 8,000 0 — 6,000 0 — 4,000 0 — 2,000 1,000 2 16,001 — 8,001 — 6,001 — .4,001 — 2,001 — 1,250 2 19,300 10,200 7,100 4,900 2,900 19,301 — 8,001 — 7,101 — 4,901 — 2,901— 1,500 2 22,700 12,700 8,200 5,900 3,600 (Remainder of table is as stated in International Fire Code) For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m, 1 pound per square inch = 6.895 kPa. a. Types of Construction are based on the International Building Code. b. Measured at 20 psi. (Sec. 58 of Ord. 1985-05-28; amended by Sec. 29 of Ord. 1990-02-01; amended by Sec. 15 of Ord. 1990-10-46; amended by Sec. 29 of Ord. 1996-02-02; amended by Sec. 1 (Exh. A) of Ord. 2004-06-05; amended by Sec. 42 of Ord. 2007-06-19; amended by Sec. 1 of Ord. 2008-06-02) 8. Skamania County C. The International Fire Code, published by the International Code Council, Inc. including those standards of the National Fire Protection Association specifically referenced in the International Fire Code: provided, that, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded Page 12of13 405 from carrying hand-held candles, also including Appendixes B and C as amended by Skamania County; Page 13 of 13 M WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 - 218 C CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Orig. Dept.: County Council 1/24/2017 Council Division Head: Dept. Head: ' l Prosecutor: Budget: Executive: SUBJECT: Resolution declaring formation of Columbia Valley Park and Recreation District ATTACHMENTS SUMMARY STATEMENT: --------- -------- Related County Contract # Should the Clerk schedule a hearing? (Y/N) Requested Date: Resolution declaring formation of the Columbia Valley Park and Recreation District RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN Related File Numbers: Ordinance or Resolution Number (this item only): SAN 1 2 3 4 5 6 7 8 9 J 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 Formation of Columbia Valley Park and Rec District PROPOSED BY: Council Clerk INTRODUCED: January 24, 2017 RESOLUTION NO. DECLARING FORMATION OF THE COLUMBIA VALLEY PARK AND RECREATION DISTRICT WHEREAS, on July 26, 2016, the Whatcom County Council adopted Ordinance 2016-029, requesting that the Whatcom County Auditor set an election to determine the formation of the Columbia Valley Park and Recreation District; and WHEREAS, the proposal to form the district was submitted to voters of the proposed district at the November 2016 General Election and was approved by majority vote; and WHEREAS, per RCW 36.69.080, the county legislative authority is required to formally declare, by resolution, that the district is established and designate the district's name. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Columbia Valley Park and Recreation District is hereby declared to be formed. APPROVED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Barry Buchanan, Council Chair _••;• DXTAU7 a ESE•;u Civil Deputy Prosecutor M Whatcom County November 8, 2016 General Election Page 1 of 2 Columbia Valley Park and Recreation District Proposition No. 2016-1 Formation of Columbia Valley Park and Recreation District Measure Vote IVote % Yes 720 68.44% m 332 31.56% Total Votes 1,052 100% Precinct Results Columbia Valley Park and Recreation District Commissioner Position 1 Candidate Vote j Vote % Vern Yadon 755 Total Votes (not including write-ins) 755 Precinct Results Columbia Valley Park and Recreation District Commissioner Position 2 l Candidate I Vote Vote % Richard Whitson 746 Total Votes (not including write-ins) 746 Precinct Results v Columbia Valley Park and Recreation District Commissioner Position 3 Candidate Vote iVote % Rebecca Boonstra 747 409 http://resuIts.vote.wa.gov/results/20161108/whatcom/ 1/5/2017 Whatcom County November 8, 2016 General Election Page 2 of 2 Total Votes (not including write-ins) 747 Precinct Results Columbia Valley Park and Recreation District Commissioner Position 4 Candidate ; Vote Vote % Kelly Vogel 745 Total Votes (not including write-ins) 745 Precinct Results Columbia Valley Park and Recreation District Commissioner Position 5 Candidate Vote Vote Jessica Bee 744 Total Votes (not including write-ins) 744 410 Intp://resu Its. vote. wa. gov/resu Its/201 61 108/wh atcom/ 1 /5/2017 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 31 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator.- County Cou 1/3/2017 1/10/2017 County Council Division Head: Dept. Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT: Annual appointments to various Boards and Commissions ATTACHMENTS: List of vacancies; applications SEPA review required? ( ) Yes ( ) NO, Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Annual appointments to Council -appointed citizen boards, commissions, and committees. See attached list of vacancies. COMMITTEE ACTION: COUNCIL ACTION. 1/10/2017: Various positions appointed ° Lummis Island Ferry Advisory Committee, Resident/ Property Owner: Michael Skehan ° Planning Commission, County Council District 2: Andrew Rowlson 'Planning Commission, County Council District 3: Atul Deshmane ° Portage Bay Shellfish Protection District Advisory Comm: Christine Woodward, Lee First & Dorie Belisle ° Solid Waste Adv. Comm., Business/Industry Rep: Amber Jones ° Solid Waste Adv. Comm., Solid Waste Disposal Facility Representative: Larry McCarter 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: wwweo.whatcom.wa.us/council. 411 CLERK OF THE COUNCIL C.pM COUNCILMEMBERS Dana Brown -Davis, C.M.C. coL Barbara Brenner Satpal Sidhu .e COUNTY COURTHOUSE Barry Buchanan 311 Grand Avenue, Suite #105 Rud Browne Bellingham, WA 98225-4038 Todd Donovan (360) 778-5010 �9SHING�o� Ken Mann Carl Weimer WHATCOM COUNTY COUNCIL COUNTY COUNCIL -APPOINTED BOARDS AND COMMISSION VACANCIES DRAYTON HARBOR SHELLFISH PROTECTION DISTRICT: 6 vacancies, 4-year terms Current members eligible to reapply. Members must have a direct interest in the shellfish protection district. Duties are to advise the County Council on the proposed actions and operations relating to the restoration of water quality in the Drayton Harbor Shellfish Protection District. Applicant(s): Charles Hawkins (incumbent) FORESTRY ADVISORY COMMITTEE: 5 Vacancies, 4-year terms • Small forest landowner, • Commercial forest landowner or qualified designee, • Forestry harvester, • Citizen with forestry expertise, • Forest product manufacturer. The Forestry Advisory Committee provides review and recommendations to the Whatcom County Council on issues that affect the forestry industry. The Forestry Advisory Committee also provides a forum for all sectors of the forestry community to contribute to discussions on the future of forestry in Whatcom County. Meets the third Thursday of the month. Applicant(s) - Citizen with Forestry Experience: Sharon Westergreen (incumbent) Applicant(s) - Small Forest Landowner: Scott Thompson SOLID WASTE ADVISORY COMMITTEE: 1 Vacancy. 3-year term • 1 vacancy representing a public interest group No two representatives can be from the same company or public interest group. The committee provides ongoing public input and advice to Whatcom County on solid waste management issues. Generally meets quarterly on Thursday evenings, but meeting schedule and frequency subject to change upon committee approval. Applicant(s): Riley Grant 412 JACK L.O U W S �� it Ir i l� \V,I foq' B�1 �.,r Bill B County Executive ��Gom COG Barbara E Brenner ti Rud Browne JAN 0 9 2017 Barry Buchanan Todd Donovan \ Ken Mann - oa WHKI M COUNTY Satpal Sidhu �SH�NU� COUNCIL Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: _ k o,°) ; '. fl.i" ° Date: Street Address City: j`6. ;°I u 4-L Zip Code: &' Mailing Address (if different from street address): r .: -:., Day Telephone - Evening Telephone: Cell Phone: S E-mail address: g 1. Name of board or committee -please see reverse: 1 <(w wg rw fr` ,,°,,4 ,,Y & 6_ 2. You must specify which position you are applying for. ;` c 0-1 c/ Please refer to vacancy list. >: 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) yes ( ) no 4. Which Council district do you live in?-.. ( ) One ( ) Two ( ) Three ( ) Four ( ) Five 5. Are you a US citizen? _ _ _._._. . _..._._ _........ .......... _ ... _..... , .- __ . . _.. __ ... (,) yes ( ) no 6. Are you registered to vote in Whatcom County? .__ . _._.._._ ___. _- .._... O yes ( ) no 7. Have you ever been a member of this Board/Commission?- - - - -- - (} yes ( ) no If yes, dates: 0 Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? -- --- - - — - ( ) yes If yes, please explain: ) no You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions. 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. 10. Please describe why you're interested in serving on this board or commission: _ 6 f ,. 4 .rm� , 4 _ e' References (please include daytime telephone number): Signature of applicant: THIS IS .c, PUBLIC DOCUMENT- As a candidate f;i? public board or om. ; above } oi t 3; n willI .� A� � ry P` C_ t:o,i>�}/ `.',C. �'i. .t;' -_ :iiA:r �� :ri:* �, � t4�,� � � "�f s fi expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by the expectations l revocation i appointment remo val o from appointive 413 JACK LJO UWS COUNCILMEPA BEM "�O�_Pm Cot Barbara E Brenner , lo County Executive F:bjd Browne A A Barry Buchanan Todd Donovan Ken Mann StpalSdhu Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS L C 60� 1 Name: 5 Aarvrl P. Street Ad3kess: 9373 14, 9 City: — Z) (A rAot I Mailing Address (if differentfromstreet address): Day Telephone: E-mail address* 1. 2. 3. 4, S. 6. 7. r4a, Date: � M� Name of board or committee please see reverse; re:5 '50f, de 1-o i�v v re; y j 5e 60 7JA Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) (yes ( ) no Which Council district do you live in? )One ()Two ()Three ()Four.( )Five Are you a US citizen? (�yes ( ) no Are you registered to vote in Whatcom County? ( %Kes ( )no f IkBoard/Commission? Oyes ( )no Have you ever been a member v ip If yes, dates:_AA4U_Ct A94tt -C R�'Cnr 'a PW �ic R j A hk- t b*_ el P "T E. K)0�,RT W 414 SHARON D. WESTERGREEN PO Box 174 Everson, WA 98247 360-966-3800 MA ......L•...,,. EducaII01-1 UNIVERSITY OF VIRGINIA SCHOOL OF LAW Charlottesville, Virginia Juris Doctor: May, 1990 Awards and Activities: National Moot Court Team; Bracewell and Patterson Oral Advocacy Award (for first year appellate arguments); Lile Moot Court Competition; Softball; Softball League Umpire -in -Chief (third year); Rugby. UNITED STATES MILITARY ACADEMY West Point, New York Bachelor of Science: May, 1984 Awards and Activities: Distinguished Graduate (top five percent of the class); Dean's List every semester; Phi Kappa Phi; one of six cadets in the class selected to attend the Naval Academy for one semester; Varsity Softball and Soccer; Choir. Professional Experience: WESTERGREEN LAW January 6, 2014 - Present Everson, Washington Sole practitioner with a felony and misdemeanor trial and appellate practice emphasizing criminal defense. Special Prosecutor for the municipality of Ferndale, Washington. Accepts civil cases such as administrative hearings, wills, protection orders, landlord -tenant, contracts, certain family law matters, certain business matters, and others if mutually agreeable. Supports the judicial system and indigent persons by accepting court appointments in felony, misdemeanor, and juvenile cases; civil commitments; and other matters as appropriate. OFFICE OF THE WHATCOM COUNTY PUBLIC DEFENDER Sep. 2009 — Jan. 2014 Bellingham, Washington Senior Deputy Public Defender responsible for a full felony caseload of Class A, B, and C felonies. Provided excellent advocacy for felony clients from First Appearance through jury trial, and for Respondents in civil commitment cases. Wrote and argued motions and an interlocutory appeal. Developed and maintained excellent interpersonal working relationships. SHARON D. AIZER, ATTORNEY AND COUNSELOR AT LAW Feb. 2009 — Aug. 2009 Thompson's Station, Tennessee Sole practice with an emphasis on criminal defense and appeals of all kinds. Assisted the courts by accepting appointments to represent indigent clients in all types of cases. 415 STATE OF TENNESSEE August 2006 — February 24, 2009 Columbia, Tennessee Office of the 22"d District Public Defender September 1, 2006 — February 24, 2009 Assistant Public Defender responsible for serving in both General Sessions and Circuit Coo iiftS in aallll of +t.he fnuir nnNintlee con/ ul by nuir of inn Pnennncihle fnlo.r N,iriting any appeal briefs requested of me. Sole author of the Appellant's Brief in State v. Schmeiderer, a capital case. Assisted on average ten to fifteen clients per day in court, and from April 1, 2008 was in the courtroom typically four days per week. Established an excellent reputation for integrity, zealous advocacy, and congeniality among the judges, court staff, and prosecutors in all four counties. Served part-time writing appeal briefs and responding to any other needs until starting full time on November 1, 2007. Columbia State Community College Fall Semester 2006 — Summer Semester 2007 Taught Criminology and Evidence as an Adjunct Instructor in the Criminal Justice Department of Columbia State Community College. SOUTHEASTERN CAREER COLLEGE (now KAPLAN CAREER COLLEGE) August 2006 — Fall 2007 Taught Legal Writing, Criminal Law, American Government, and the research portion of the students' final practical course in the Paralegal Program at Kaplan Career College. SHARON D. AVER, ATTORNEY AND COUNSELOR AT LAW Aug. 2004 — Nov. 2007 Pensacola, Florida and Thompson's Station, Tennessee Sole practice in primarily criminal defense, but also handled civil commitments, appeals, domestic injunctions, postconviction motions, and other civil matters. Selected as primary attorney for case assignment in one felony division in Santa Rosa County if the Public Defender's Office had a conflict. Adjunct Faculty at the University of West Florida (Evidence, Criminal Procedure, Law Office Management) and Pensacola Junior College (Evidence, Police Operations, Criminalistics). Also served as part-time public defender beginning September 1, 2006 in Tennessee, as detailed supra. STATE OF FLORIDA, FIRST JUDICIAL CIRCUIT Pensacola, Florida Staff Attorney October 2003 — August 2004 Worked directly for and with the nine Circuit Court judges in Escambia County on criminal cases in postconviction proceedings. Drafted orders on behalf of the Court in response to motions for new trial, motions to correct illegal sentence, writs, and other motions. Drafted the Court's Orders in two capital postconviction review cases. Analyzed court records, including trial transcripts, evidence, and pretrial and trial motions. Conducted research, attended hearings, and conferred with judges. Engaged in thorough analysis and recommended Court action on such issues as search and seizure, illegally obtained confessions, admissibility of evidence, legality of sentences, police procedures and tactics, newly discovered evidence, and unconstitutional conduct. Directly assisted the Chief Judge in researching and drafting Administrative Orders and policies for the Circuit. 416 SHARON D. AIZER, ATTORNEY AND COUNSELOR AT LAW June 2000 - June 2003 Shakopee, Minnesota Sole practitioner with an emphasis on criminal defense. Accepted court appointments in civil commitment, paternity, and dependency cases in two counties. Accepted pro bono family law case from Legal Aid. Investigated complaints as a member of the 8t" District Ethics (-.nmmittaa I anal 1A/ritinn Instructor at the I Iniyergity of Minnesnta I aw Schnnl Aunust 2000 — May 2003. CARVER COUNTY ATTORNEY'S OFFICE November 1999 - June 2000 Chaska, Minnesota Assistant County Attorney Felony and misdemeanor prosecutor responsible for criminal prosecution from intake through appeal. Selected by the County Attorney to prosecute two complex white collar crime cases and to provide domestic abuse training to law enforcement. Established excellent working relationships with the Carver County Judiciary, Court Services, and Court Administration. SPOKANE COUNTY PROSECUTING ATTORNEY'S OFFICE Spokane, Washington Deputy Prosecuting Attorney October 1995 - April 1996, May 1997 - July 1999 Prosecutor in a large, multi -team office. Managed trial case loads of serious adult felony offenses, felony drug and traffic offenses, and felony and misdemeanor juvenile offenses while assigned to the Major Crimes, Drug, and Juvenile teams. Tried 21 felony cases in 8 months. Selected as Team Leader of the Domestic Violence and Property Teams. Implemented trial advocacy training for Domestic Violence attorneys. Managed high case loads under strict speedy trial constraints. Assigned attorneys and supervised, trained, and counseled team members as the Deputy Team Leader for the 24 person District Court (misdemeanor) Team. Wrote briefs and created the office brief bank as an Appellate attorney. Developed an excellent relationship and reputation with judges, probation, police, and the defense bar. MONTGOMERY COUNTY DISTRICT ATTORNEY'S OFFICE Conroe, Texas Assistant District Attorney February 1994 -October 1995, September 1996-April 1997 Felony prosecutor with complete responsibility for over 100 assigned cases, from grand jury presentation through trial. Litigated approximately 30 jury and bench trials and hearings on motions to revoke probation. Reviewed incoming cases (rotational position). Developed an excellent relationship with law enforcement, probation, judges, and the defense bar. 417 FOWLER, WILES, NORTON & KEITH Dallas, Texas Clerk/Associate Attorney July 1, 1992 - March 2, 1993 Conducted research. Drafted motions, pleadings, and briefs, including an appeal. Attended depositions, hearings nnrul meriintionc. rlefenrleri nn inHigeri+ client agalnSt conspiracy charges in Federal Court. UNITED STATES ARMY JUDGE ADVOCATE GENERAL'S CORPS Fort Sam Houston, Texas Physical Evaluation Board Counsel April 1991 - December 1991 Represented over 400 soldiers at formal hearings as part of the medical separation process. Litigated issues such as medical fitness for performance of military duty, causation of the injury or illness, degree of disability, and stability of medical condition. Authored appeals. Legal Assistance Counsel January 1991 - April 1991 Assisted clients with various issues, including Army administrative appeals and wills. Intern Summers of 1988 and 1989 (Fort Lee, Virginia) Successfully represented the government in three administrative discharge hearings to separate soldiers for misconduct and drug abuse. Drafted criminal charges and discovery requests. Researched issues and wrote memoranda. Interviewed witnesses. UNITED STATES ARMY ORDNANCE CORPS Fort Richardson, Alaska Maintenance Officer May 1984 - July 1987 Managed an upper echelon repair facility which staffed over 90 soldiers to repair over 1700 different vehicles, weapons, and other equipment. Created and managed a repair facility tasked with maintaining over 120 wheeled vehicles and 20 generators. Managed a supply warehouse. Commanded several maintenance and supply platoons. Teaching Experience: 2006 — 2007 Southeastern (Kaplan) Career College Legal Writing, American Government, Criminal Law, Practicum 2006 — 2007 Columbia State Community College Criminology, Evidence 2005 University of West Florida Evidence, Criminal Procedure, and Law Office Management 2004 — 2005 Pensacola Junior College Police Operations, Criminalistics, and Evidence MR 2000 —2003 University of Minnesota Law School Legal Writing Service: 2004 — 2005 Presenter, Educators in the Workplace, Pensacola, Florida 2004 Judge, University of West Florida Psychology Class Mock Trial 2002 & 2003 Practice Judge, Minnesota Law School Moot Court Program 2001 & 2003 Judge, Minnesota Mock Trial Program 2001 —2003 Judge, Minnesota Law School Legal Writing Class Oral Arguments 2001 —2003 Investigator, Minnesota State Bar 8th District Ethics Committee Bar Memberships: Washington. Former member, now retired, from the Florida Bar. Resigned from the Pennsylvania, Minnesota, Colorado, Tennessee, Texas, and District of Columbia Bars after moving to Whatcom County. Interests and Hobbies: Dog sports, especially agility and flyball; Women's sports; Officiating girls basketball and softball. 419 From: noreDllv(a)civicDlus.com To: Ben Glassett; Jill Nix n; 5uzanng Mildn(r; Kristi Felbl r; Dana Brown -Davis; ExecWtivg Subject: Online Form Submittal: Board and Commission Application Date: Monday, January 16, 2017 9:38:38 AM Board and Commission Application Step 1 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT. As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Scott Last Name Thompson Date 1/16/2017 Street Address 5880 Green Acres Drive City Everson W Do you live in & are you registered to vote in Whatcom County? Do you have a different mailing address? 98247 Yes Field not completed. Primary Telephone 3605920935 Secondary Telephone 3603052832 Email Address scott4greens@gmail.com Step 2 1. Name of Board or Forestry Advisory Committee Committee Forestry Advisory Small forest landowner MCI Committee 2. Do you meet the Yes residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council District 3 district do you live in? 4. Are you a US Yes citizen? 5. Are you registered to Yes vote in Whatcom County? 6. Have you ever been No a member of this Board/Commission? 7. Do you or your No spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a Field not completed resume or detailed summary of experience, qualifications, & interest in response to the following questions 8. Please describe your Recently retired Control Systems and Project Engineer. occupation (or former Overseen various multi -million$ refinery construction projects. occupation if retired), Formerly chair of Whatcom County Bicycle/Pedestrian Advisory qualifications, Committee. Currently Facilitator for Green Party of Whatcom f i 1 d/ County. Bachelor degree from Cal State University system. PI o essiona an or community activities, and education 9. Please describe why I have been a landowner in Rural Forestry for 23 years and 421 you're interested in have a strong vested interest in guiding forestry policies to serving on this board or ensure best practices and ecosystem health. Successful forest commission management is critical to maintaining this showcase asset while providing materials, employment and recreation opportunities. References (please Kelly McClurg 360.592.5801; Stoney Bird 360.647.6696 innh irhn dayfimo n iviuu�. uy ui �. telephone number): Signature of applicant: Scott C. Thompson Place Signed / Deming, WA Submitted (Section Break) Email not displaying correctly? View it in�ser. 422 From: n repk@civic Iu0.MM To: Bgn CAI s �$�; ill Nix n; uzanne Mildngr; Kristi Felbinger; Dana Brown D vis; Ex�utivQ Subject: Online Form Submittal: Board and Commission Application Date: Tuesday, January 17, 2017 8:55:32 AM Board and Commission Application Step 1 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Riley Last Name Grant Date 1 /16/2017 Street Address 2309 Meridian St City Bellingham Zip 98225 Do you live in & are Yes you registered to vote in Whatcom County? Do you have a different Field not completed. mailing address? Primary Telephone 360-733-8307 Secondary Telephone Field not completed. Email Address rileyg@re-sources.org Step 2 1. Name of Board or Solid Waste Advisory Committee Committee Solid Waste Advisory Public interest group representative (and the name of the group 423 Committee (SWAG) you represent) 2. Do you meet the Yes residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council District 2 district do you live in? 4. Are you a US Yes citizen? 5. Are you registered to Field not completed. vote in Whatcom County? 6. Have you ever been No a member of this Board/Commission? 7. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? If yes, please explain You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions Yes My husband, Joshua Fleischmann, works for Whatcom County Planning and Development Services as a Planner II. Field not completed, 8. Please describe your I currently manage the Sustainable Schools program at RE occupation (or former Sources for Sustainable Communities. Our organization has occupation if retired), been doing community and youth education about waste qualifications, reduction and recycling for over 3 decades. Currently, our youth professional and/or waste prevention education programs work with youth aged 4- community activities, 18 throughout Whatcom County, reaching over 2,000 individuals annually. We engage youth in education and actions 424 and education to reduce landfill waste through a contract with Whatcom County Solid Waste Division and other supplemental funding. RE Sources also runs the RE Store, where we salvage and divert large quantities of building materials. While serving on the SWAC, I would represent the interests of our youth education programs as well as the RE Store and any other relevant waste prevention initiatives. 9. Please describe why RE Sources' role in waste prevention in Whatcom County is a you're interested in pillar of our organization. By serving on the SWAC, I can serving on this board or represent the interests of our community and have the unique commission perspective of working with youth, the next generation of leaders in our community. Waste prevention has been a passion of mine since before I started working at RE Sources, with my very first volunteer activities focused on my town's recycling center, and I am excited by the opportunity to continue to engage in solid waste issues on a County level. References (please Crina Hoyer, Executive Director, RE Sources for Sustainable include daytime Communities (360) 733-8307 Grace Wang, Professor, Huxley telephone number): College, Western Washington University (360) 650- 3278 Signature of applicant: Riley Grant Place Signed / Bellingham, WA Submitted (Section Break) Email not displaying correctly? View it in your brgwser. 425 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 - 32 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Board of Su 1/3/2017 1/10/2017 County Council Division Head: Dept. Head.• > f Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Board of Supervisors annual appointment to Advisory Committees ATTACHMENTS: List of Vacancies; Applications SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Annual appointments to Board of Supervisor -appointed Flood Control Zone District Advisory Committee and subzone advisory committees. See attached list of vacancies. COMMITTEE ACTION: COUNCIL ACTION. 1/10/2017: Various Positions Appointed (Council acting as the FCZDBS) ° Flood Control Zone District Advisory Committee, Special Districts: Ron Bronsema and Scott Hulse ° Flood Control Zone District Advisory Committee, Impacted Cities: Robert Bromley ° Birch Bay Watershed and Aquatic Resource Manangement Advisory Committee: Scott Hulse 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. w:s� CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 (360) 778-5010 WHATCOM COUNTY COUNCIL COUNCILMEMBERS Barbara Brenner Satpal Sidhu Barry Buchanan Rud Browne Todd Donovan Ken Mann Carl Weimer FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS -APPOINTED BOARDS AND COMMISSION VACANCIES January 11, 2017 FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE - 2 Vacancies. Various terms • 1 Vacancy representing geographical areas. 4-year term. • 1 vacancy representing Impacted Cities. 1-year term, current member eligible to reapply. • Any person interested in serving on the advisory committee may be appointed as an alternate for a term of six years. Alternate members shall be notified of each meeting and are encouraged to attend. Committee assists and makes recommendations to the Board of Supervisors in performing flood damage repairs, maintenance and improvements, and minimizing future flood damage through prevention and management on the Nooksack River, its watershed, and the other watersheds within Whatcom County. Meets the second Thursday of the month or as needed. Applicant(s) - Impacted Cities: John Perry (incumbent) 427 2 JACK LOUWS COUNCILMEMBERS: County Executive M 0V, 4f, Barbara E. Brenner 0 I- Rud Browne 3 Barry Buchanan lr Todd Donovan Ken Mann eke 1 Satpal Sidhu Y�'Jvc"T Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PI...EASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: lblu\ Date: Street Address: J:na hi-rhxlayl City, ...................... Zip Code: Mailing Address (if different from street address): A �A Day Telephone: Evening Telephone: ALISM I Cell Phone: E-mail address: J Y.L i s Cd e., r4j0yl 1. Name of board or committee -please see reverse: AIVII-Vid 9 2. You must specify which position you are applying for. Please refer to vacancy list,. —1 V0iXkA1J 3, Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) (dyes ( ) no 4. Which Council district do you live in? ()One )Two ()Three ()Four Five 5. Are you a US citizen? (Oyes no 6. Are you registered to vote in Whatcom County? (toyes no 7. Have you ever been a member of this Board/Commission? (O'yes no If yes, dates: S'luez c) 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ()Yes , L)<o If yes, please explain: You may attach a r6s=6. or detailed summary of experience, q-,;a1ifications, & interest in response to the following questions, 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. 10. Please describe why you're interested in serving on this b?Ord or commission: References (please include daytime telephone number.: Signature of applicant: THIS IS A PUBLIC DOCWENTi_ As W candidate for a public board or coma-nission, the above information will be available to the County Council, County Exectitive, and the public. All board and commission mernbers are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appomtruei t and removal from the appointive position. M WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2017-052 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 1113117 Jan. 24, 2017 Full Council Division Head: C": ram, Dept. Head: Prosecutor: JAN17 t201 WHATCOW1 COUNTY Purchasing/Budget: A. N Executive: ( ) U U I L TITLE OFD : Appointments to Executive's Boards and Commissions for the year 2017. ATTACHMENTS: Listing of nominations for appointments and reappointments; Membership applications. 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.) County Executive Jack Louws requests confirmation of his new appointments and reappointments to the boards and committees noted on the attached list. These appointments take effect on February 1, 2017. 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.wauslcouncil. 429 The following vacancies on boards and committees are filled with appointments by the County Executive and confirmed by County Council. AGRICULTURAL ADVISORY COMMITTEE Reappointed is Anna Martin Newly appointed is Myron Hawley BELLINGHAM WHATCOM COUNTY COMMISSION AGAINST DOMESTIC VIOLENCE Newly appointed are Moonwater and Karen Burke BICYCLE/PEDESTRIAN ADVISORY COMMITTEE Newly appointed are Matthew Paskus, Eileen Kadesh and Sunny Beaver CIVIL SERVICE COMMISSION Newly appointed is Samuel "Bart" Miller COUNTY APPEALS BOARD Reappointed is Scott Van Dalen Newly appointed is Jerry De Bruin DEVELOPMENT STANDARDS TECHNICAL ADVISORY COMMITTEE Reappointed are Jeff Vander Yacht and Elizabeth Sterling; Newly appointed are Raymond Peterson and Catherine Moore DEVELOPMENTAL DISABILITIES ADVISORY BOARD Newly appointed is Amy Glasser ETHICS COMMISSION Reappointed are Gary Jensen and Adrian Madrone Newly appointed is Eli Wainman HOUSING ADVISORY COMMITTEE Reappointed is Jennifer Moon MARINE RESOURCE COMMITTEE See attached staff memorandum. Reappointed are Elizabeth Kilanowski (scientific expertise) and Doug Stark (conservation/environmental interest); Newly appointed is Christine Woodward (conservation/environmental interest) NORTH SOUND BEHAVIORAL HEALTH ORGANIZATION Reappointed is Michael Massanari PARKS AND RECREATION COMMISSION Reappointed are Richard Sturgill (District 5) and Jeff Margolis (District At Large); Newly appointed is Susan McClendon (District 2) 430 POINT ROBERTS COMMUNITY ADVISORY COMMITTEE Reappointed is Keith Glading PUBLIC HEALTH ADVISORY BOARD Reappointed are Dr. Chi-Na Stoane (physician) and Ray Wolpow (education) SALARY COMMISSION See memorandum attached; newly appointed is Diana Schmidt VETERANS ADVISORY BOARD Reappointed is Lisa Brown and newly appointed are Robert Hines, Richard Conoboy and Allan Jensen. 431 �poM co Board and Commission Application "SH1N�0 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT. As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Anna Last Name Martin Date 6/13/2016 Street Address 5800 Saxon Road City Acme Zip 98220 Do you have a different Field not completed. mailing address? Primary Telephone 360-595-9134 Secondary Telephone Field not completed. Email Address ospreVhillfarm yahoo.com 1. Name of Board or Agricultural Advisory Committee Committee 2. Do you meet the Yes residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district District 1 do you live in? 4. Are you a US citizen? Yes 5. Are you registered to Yes vote in Whatcom County? 432 6. Have you ever been a No member of this Board/Commission? 7. Do you or your spouse No have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or Field not completed. detailed summary of experience, qualifications, & interest in response to the following questions 8. Please describe your I'm an owner/manager of a 15 acre diversified farm (livestock & vegetables) occupation (or former as well as the owner of a butchering business --both in Acme. Prior to starting occupation if retired), our family farm, I worked for 7 years as a cheese maker at an organic dairy in qualifications, Bow. In 2000, 1 graduated from Seattle Pacific University with a BS in Food professional and/or and Nutritional Sciences and have been working in the food & farming community activities, and industry since. I'm also very involved in my community: 2005-2007- served on education the Bellingham Farmers Market board and chaired the Marketing & Advertising Committee; 2010-present - founded a state non-profit to protect the aquifer in the South Fork Valley and serving as president; 2011- present - board member and volunteer book keeper for Three Rivers Educational Coop; 2012 Nooksack Valley Farmers Coop treasurer; 2013-2014 Nooksack Valley Farmers Coop president; 2014-2016 Puget Sound Food Hub Farmer Advisory Committee 9. Please describe why There is a growing number of farmers producing crops on smaller acreage you're interested in than previously thought possible. Our needs as well as our contributions to serving on this board or the ag landscape are unique and I'd like to represent them on the county commission level. References (please Tom Thornton, Cloud Mountain Farm Center 360-815-4150 Sara include daytime Southerland, Sustainable Connections 817-657-3803 telephone number): Signature of applicant: Anna Martin Place Signed / Submitted Acme, WA 433 CGGM CG ING'<�ts Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the information provided will be available to the /+........ i.. /'.........:/ /+... ....a.. C.... ,...a:. ... .J 41— L.I:.. All 1........J 4 1....-e. ,'-,4 to be f :. rFi l rl K„I vuurrty �uurlwy VVu/1!y LA19 uIIVC, aIIU LIM PULAIG. till UUQIu allu G UIIIrIIIJJIGII IIIeI1IMr10 arc CxpCVLOU (u 4r ran, mop airU respciuur of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Myron Last Name Hawley Date 1/13/17 Street Address 1291 central road City Everson Zip 98247 Do you live in & are you registered to vote Yes in Whatcom County? Do you have a different mailing address? Field not completed. Primary Telephone 3603193301 Secondary Telephone 3603193301 Email Address 1. Name of Board or Committee 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? 4. Are you a US citizen? 5. Are you registered to vote in Whatcom County? 6. Have you ever been a member of this Board/Commission? Hawleymike yahoo.com Agricultural Advisory Committee Yes Field not completed. Yes Yes me JACK LOUVVS COUNTY EXECUTIVE 434 7. Do you or your spouse have.a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions 8. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education 9. Please describe why you're interested in serving on this board or commission References (please include daytime telephone number): Signature of applicant: Place Signed / Submitted No Field not completed. Currently I am a 4th generation seed potato farmer, occupying the same land and buildings my great grandfather established in the early 1900's. I am currently a board member of potatoes USA, whatcom county pest board, meridian high school CTE advisory board,and I have a BA from Washington State University Agriculture is a vital industry in whatcom county and is what feeds my family. The AAC is a forefront to critical issue effecting agriculture in whatcom county. I believe I will serve as an open mind with all issues. Vicki Hawley 360 398-2196 Brent Feller 360 815-1261 Bob Vanderploeg 360 398-2141 Myron hawley Everson, WA 435 January 10, 2017 Community Members: RECEIVED Alan Artman Executive Jack Louws Faithlife Corp Whatcom County JAN �- 2017 Riannon Bardsley 311 Grand Avenue, Suite #108 Northwest Youth Services Christina Kobdish Bellingham, WA 98225 ACCOf peps g Ti €— i� V Unity Care Northwest q COUNTY EXECUTIVE ton Kathyic Dear Executive Louws, Catholic Community Services ComMcNaumunity Ken Levinson °... ily "°"` The Beiiingham-vJhatcorri County Co�riiiission Against Domestic Violence XL Sharon Rutherford Commission) would like to make the following membership recommendations: St. Joseph's Hospital Garret Shelsta Christ the King -Bellingham ---> Moonwater, Executive Director, Whatcom Dispute Resolution Center, for the Katie Plewa Olvera Whatcom County Human Service Provider position, with a partial term ending Licensed Psychologist January 31, 2019. Moonwater is a natural and important ally for the DV Mary Welch Northwest Justice Project Commission and our work. The Dispute Resolution Center is very connected to Michele the mission of the DV Commission through their various services. In addition, Whatcom Transportation Authority Moonwater's skills in meeting facilitation and conflict resolution will be of great Government Members: use to furthering our conversations and efforts. Her application is attached to this Clifford Cook letter. Bellingham Police Chief Regina Delahunt Whatcom Co. Health Department Karen Burke, Executive Director, Domestic Violence & Sexual Assault Services William Elfo (DVSAS), for the Whatcom County Domestic Violence Victim Service Provider Whatcom Co. Sheriff position, with a partial term ending January 31, 2020. Karen is a previous Silvia Johnson DSHS Children's Administration Commission member who had reached her term limit and, after a year, is Michael Knapp reapplyingfor membership. Her understanding of domestic violence dynamics, p• g y Ferndale Police Chief unwavering commitment to ending abuse in all its forms, and strong voice on Jon Komorowski Whatcom Co Public Defender behalf of victim -centered approaches are all invaluable to the work of the DV Dave McEachran Commission. Whatcom County Prosecutor Jon Mutchler City of Ferndale Additionally, we have one member whose term is ending: Darlene Peterson Mary Dumas, Dumas and Associates, currently in the Whatcom County Bellingham Municipal Court Community at Large position, has her term ending January 31, 2017. We have Linda Quinn Ferndale School District approached someone and will present you with an application for a new member Dave Reynolds for that position as soon as we have all their completed application. Whatcom Co. Superior Court Mike Riber DSHS/CSO Peter Ruffatto Bellingham City Attorney Mar Bruce Van Glubt .e�san s Whatcom Co. District Court Director Staff: Enclosures Susan Marks Director Cc: Mayor Kelli Linville, City of Bellingham Liz Stuart Project Manager Karen Goens, Whatcom County Human Resources Melissa Lacki Project Manager PSG°M cOb OF BLLQV6 �QSN1ryO� Bellingham-Whatcom County 0 yS�� HING 4,36 Commission Against Domestic Violence JACK LOUWS County Executive COUNCILMEMBERS: Barbara E. Brenner Rud Browne Barry Buchanan Todd Donovan Ken Mann Satpal Sidhu Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name - "f 00 \i w'kn CY Date: Street Address: City: ,e. a ' �` t °ir Zip Code: =— Mailing Address (if different from street address): Day Telephone: ""'C,=€ 1 Evening Telephone: Cell Phone: E-mail address: 1' C„ .:�_. Ct _v" 1. Name of board or committee -please see reverse;jj; E j:. <„ h. Wci' WW! ' �: �-`:C.i'v'Fi (,;.."x YYi i'.; ,y i.4lr :.j: 2. ' You must specify which position you are applying for. Please refer to vacancy list. yuy\. S�Vy l (-Q-. a 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.)----------------------------------------------------------- (X) yes ( ) no 4. Which Council district do you live in? ------------ --------------------- ( ) One ( ) Two ()Three ()Four ()Five S. Are you a US citizen?-...-----------------.-----------_--------.,--------------_----------_------- ----- ()t) yes ( ) no 6. Are you registered to vote in Whatcom County? -------------------'--------------'---------------- ------- (-4 yes {) no 7. Have you ever been a member of this Board/Commission?--------------- ,,.-------------------'------------ ( ) yes 1(() no If yes, dates: 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? -------------------------------------------- (X) yes () no If yes, please explain: 1-�yi iv4g7 E:10 ,.A 'kN Q C You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions. 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. 10. Please describe why you're interested in serving on this board or commission: References (please include daytime telephone number): D&V (A Wk ( e o ,, Zvi PtAke' C,hj- (42A -1-79, y%�Lt i Signature of applicant: THIS IS A PUBLIC DOCUMENT. As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. 10%1D7.E 437 Whatcom Dispute Resolution Center'' 366.676.0122 I 'whatconndre.org E 13 Prospect Street, Ste..201 Bellingham, WA 98225 Whatcom County Council 311 Grand Avenue, Suite 105 Beiiingnam, WA_ 96-225 January3, 2017 Council Members, It is my honor to submit my application for consideration. for the Bellingham-Whatcom County Commission Against Domestic Violence. As the Executive Directorof.the Whatcom Dispute Resolution Center (WDRC);.I believe there is much I will be•able to add as a Commission. Member. With a mission of providing and promoting constructive and collaborative approaches to conflict through mediation, training, facilitation, and community education, the WDRC has a rich 25 year history of serving Whatcom County: Our programs.and services touch the lives of many —from youth participating in diversion programming; to parents.experiencing divorce or engaging in supervised Visitation., to individuals wanting to build their communication skill set. Our services are assisting schools to reiiuce out of school suspensions, helping parents stay connected:to their children, and. complimenting those provided by the Courts -successfully serving to divert. cases off the dockets, saving the courts time and resources, and empowering community members to resolve their own disputes effectively. There is a natural alignment with our services and;the work.of the DV Commission. Safety is paramount to_our Agency and the clients we serve. Deepening the connection to the Commission and its stakeholders can only benefit our greater community, as stronger relationships and increased communication around issues the Commission is tackling will help ensure the WDRC continues to be responsive and,proactive. With programs that serve people impacted by -DV, there is,also rriuch the. WDRC can both gain from and contribute relative.to helping advance the DV Commission's purpose. I. would be pleased to. support the work of the DV Commission, offer insight and expertise where I can, and helpmove this important work forward. Thank you in advance for your consideration of. my application. I can best be reached at director@whatcomdre.orR or 360/616-0122 x 110,.1 look forward to hearing from .you: Warm regards, Moonwater Executive Director MW Moonwater 1463 Country Lane Bellingham, WA 98225 EDUCATION Seattle University Master of Public Administration Whitman College Bachelor of Arts in Psychology Instituto di Lingua Moderna (w) 360/676-0122 x 110 di rector@wha tcomdre.orro Seattle, WA June, 2005 Walla Walla, WA May,1998 Milan, Italy Spring,1997 PROFESSIONAL. EXPERIENCE ' 2/05-Present Whatcom Dispute Resolution Center Bellingham, WA Executive Director • Responsible for overall agency management; including hiring and management of 12 staff, numerous contractors, and annual engagement of 100 volunteers, policy development and implementation, fiscal oversight, accounting and tax preparation, program development and oversight, fund development, event coordination, donor relations, volunteer coordination, case management, training, facilitation, mediation, and community education services. • Support Board of Directors to develop and implement a strategic plan, build. relationships with funders, City and County officials and other stakeholders to ensure actualization of mission. • Provide direct service, including 40 hour professional mediation training course, conflict resolution workshops, and custom training and facilitation services for local city and county government leadership and departments, as well as numerous other workplace clients, including local tribes, nonprofit organizations, community associations, and local colleges and universities. Mediate family, foreclosure, workplace and community disputes. Conduct public outreach presentations. Design and deliver a broad range of ADR related custom curricula. • Develop and manage multiple contracts with local courts, state agencies, and community partners and funders. • Oversee training program for mediation practicum students, ensuring compliance with best practices and standards. • Build and nurture relationships with statewide DRC partners organizations, other local nonprofit partners and service providers, schools, and associations. 1/09-3/09 Western Washington University Bellingham, WA College of Business and Economics, Lecturer • Course instructor for Human Resource Management class focused on workplace mediation 10/99-8/06 Washington Campus Compact Bellingham, WA Progressive responsibility directing National Service programs. Common responsibilities included grant writing; strategic planning; program management; volunteer recruitment and management; exempt and student staff hiring and supervision; budget development and management; record maintenance, facilitation; training; authoring grantee reports; media relations; establishing and maintaining relationships with funders and sub -grantees; and program evaluation. Director of Student Engagement 9/03-8105 • Responsible for the overall direction of Washington Campus Compact's student engagement efforts, linking college students with service opportunities - including both the statewide Campus Connections program, and 7-state regional Students in Service AmeriCorps programs (2000+ participants); co-authored successful $225,000 grant; authored successful grant for fulltime staff member through the Points of Light Foundation; supervised 2 full-time staff, 3 student staff, and 35 AmeriCorps members on 13 campuses; developed and managed $379,000 budget; managed contracts with state and federal agencies, and subcontracts with higher ed institutions; developed and implemented program policies; researched and created training curricula; developed and implemented staff evaluation plan; designed and facilitated multi day retreats for 35 participants; supported coordination of annual regional conference with 400 attendees. Adoon„alc'- Jvge ! of J ES7I Progrant Manager 9/01- 9/03 Responsible for management of the statewide Campus Connections program, and the Skagit Washington Reading Corps; researched and authored successful $154,000 grant proposal; expanded program from 15 to 35 participants; served as an Advisory Committee member for the Continuums of Service Conference; presented "Effective Partnerships" at the National Youth Leadership Conference; Program Coordinator 8100- 8/01 • Responsibilities included program coordination for statewide Campus Reads AmeriCorps program; supervised participants on 11 campuses; expanded program from 18 to 26 participants. Key Area Coordinator 10/99-7/00 ® Responsibilities included coordination of a three county literacy program, the Washington Reading Corps, with 27 AmeriCorps and VISTA volunteers; collaborated with elementary school teachers and principals; served as primary contact between volunteers and the state funding agency. 8/98-8/99 Blue Mountain Action Council Walla Walla, WA Walla Walla Valley AmeriCorps Member • Responsibilities included tutoring developmentally delayed and learning disabled children; created after school tutoring program; developed and implemented behavior management schedules, co -coordinated a peer-mentoring program. 3/99-8/99 Juvenile Justice Center Walla Walla, WA Interntittent Detention Officer ® Responsibilities included the supervision and support of juvenile offenders, monitoring the security control board, and assisting the youth with their daily routines. ADDITIONAL EDUCATION November 2015 WA State Department of Commerce Renton, WA Advanced Foreclosure Mediation July 2015 Neuroawareness Consulting Services Online Certificate Program for legal and ADR professionals August 2013 WA State Department of Corrections/Kitsap DRC Port Orchard, WA VictinilOffender Facilitated Dialogue Training January 2013 Skagit Dispute Resolution Center Mt. Vernon, WA . Restorative Justice Victim -Offender Meetings November 2012 Manpower Bellingham, WA Interpersonal Connnunication September 2012 Northwest Justice Project; Opportunity Council, Whatcom DRC Bellingham, WA Foreclosure Mediation Training for Advocates September 2012 Whatcom County Bar Association Bellingham, WA ADR Tips for Attorneys December 2011 Antioch University Seattle, WA Advanced Foreclosure Mediation Training June 2011 Department of Commerce Lynnwood, WA Foreclosure Mediation Training February 2011 Vigilant Counsel Bellingham, WA Dealing zoith Difficult People February 2011 Whatcom Dispute Resolution Center Bellingham, WA Parent/Feen Mediation September 2009 Lummi Cedar Tree Project Bellingham, WA Restorative Circles Training October 2009 Whatcom Dispute Resolution Center Bellingham, WA Parenting Coordinator Training hfoomva! •r pvge 2 of d MR , March, 2008 Antioch University Seattle, WA Resolving Workplace Conflict October, 2007 Antioch University Seattle, WA Mediator as Leader Spring, 2007 Skagit Mediation Services & WSU extension Burlington, WA 40 hour Master Facilitation Course June, 2006 Northwest Training Institute Everett, WA 2 Day Advanced Negotiation Workshop tt�rryy Ji.tiy, 2VVl V ulariteers of ALlerica wereLL,— yV A 3 Day Domestic Relations Mediation Training July, 2000 National Service Leadership Institute San Francisco, CA 7 Day Leadership, Management, & Diversioj Training June,1999 Benton Franklin Dispute Resolution Center Kennewick, WA 5 Day Professional Mediation Training LEADERSHIP AND SERVICE 6/11-Present WA Secretary of State's Charities Advisory Council Statewide Council Member 5/06- 2/09 Washington Mediation Association Statewide Board Member 4/06-2010 Whatcom Council of Nonprofits Bellingham, WA Steering Committee Member, past chair 2006-2010 Whatcom County Law and justice Council Bellingham Council Member 2/05-Present Resolution Washington (Association of Dispute Resolution Centers) Statewide Past President, Vice President, and Member 9/05-6/06 Leadership Whatcom Bellingham, WA Participant in inaugural year long program on collaborative Ieadership 8/03 - 6/05 Seattle University Institute for Public Service Seattle, WA President, MPA Student Association 9/98-2/05 Whatcom Dispute Resolution Center Bellingham, WA Volunteer Mediator 9/98-2/05 Northwest Youth Services /juvenile Services Bellingham, WA Member of the Communify Accountability Board 5/98-8/99 Walla Walla juvenile Detention Center Walla Walla, WA Member of the Diversion Board, HONORS 4/16 Bellingham Police Department Challenge Coin Award for Exemplary Service 12/15 Whatcom Family and Community Network Ken Gass Community Collaboration Award 12/14 Bellingham- Whatcom Chamber of Commerce Nonprofit of the Year 5/13 Whatcom County Bar Association Liberty Bell Award Bellingham, WA Bellingham, WA Bellingham, WA BeIIingham, WA bloonutttc+• pogo 3 -f-1 441 JACK LOUWS County Executive COUNCILMEMBERS: Barbara E. Brenner Rud Browne Barry Buchanan Todd Donovan Ken Mann Satpal Sidhu Carl Weimer APPLICATION FOR APPOINTMENT• • °r . ; D COMMISSIONS PLEASE PRINT Name: O.. " Date: l / IS )4 Street Address: ' C C Zip Code: t � City: a� e„�.) P aa Mailing Address (if different from street address): Day Telephone: 2 11 1-71 Evening Telephone: Cell Phone: — E-mail address: u_,(a w\sn, coin 1. Name of board or committee -please see reverse: ,C�jY�11r>"ti j tG�� d ti�1ti5� (;�-1 S C \V idet'' f 2. You must specify which position you are applying for. �y Please refer to vacancy_ lists 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.)--._..__._.-...__._...._..._...___._.__.._...._.-__._____.__...._...m.___..._.__..._..__._ ..............__ ( ) yes ( ) no 4. Which Council district do you live in?----------------- One ( ) Two ( ) Three ( ) Four ( ) Five S. Are you a US citizen? ~ ..,,.......__.............. ,,..v _......__..,.........~_.___....._...,..._-_......._......, ._._ ..._.._._,._.~..-.__..........__._....._.._._..,_.,........ _. (V yes ( ) no 6. Are you registered to vote in Whatcom County? --....._...-._..,..~._...,......._...._ ..-.__..._.~_._..._.... _ ._-__..__.._.._,._ .~ M..._ (Y yes ( ) no 7. Have you ever been a member of this Board/Commission? -~ ~~ (Vyes ( ) no If yes, dates: 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? -.,_____,.._,,___.._.._..____._._..,___._.__.._.__..__.___... ( ) yes) no If yes, please explain: You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions. 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. 10. Please describe why you're interested in serving on this board or commission: References (please include daytime telephone number):®+ �'-� �°0U — Signature of applicant:THIS S A PUBLIC DOCUMr`ENT< As a candidate for a public board or commission, the above infor€-nation will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by there expectations may result in revocation of appointment and rem, oval from the appointive position 442 ,room coo SP ;~ 1 Board and Commission Application s* a �93NIN�� Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS 1S A PUBLIC DOCUMENT.' As a candidate for a public board or commission, the information provided will be available to the County Council; County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Matthew Last Name Paskus Date 11 /29/2016 Street Address 1151 Old Marine Drive City Bellingham Zip 98225 Do you live in & are you Yes registered to vote in Whatcom County? Do you have a different Field not completed. mailing address? Primary Telephone 3602016665 Secondary Telephone 3602016665 Email Address matt askus.net 1. Name of Board or Bicycle/Pedestrian Advisory Committee Committee 2. Do you meet the Yes residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district District 1 do you live in? 4. Are you a US citizen? Yes 5. Are you registered to Yes vote in Whatcom County? 6. Have you ever been a No member of this Board/Commission? 7. Do you or your spouse No have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume WCBPAC.pdf or detailed summary of experience, qualifications, & interest in response to the following questions 8. Please describe your I currently hold a Master of Science in Geography and work occupation (or former locally for a telemetries company as an IT professional. I am an occupation if retired), active jogger and love the outdoors even when its raining. qualifications, professional and/or community activities, and education 9. Please describe why Whatcom County offers so much and is growing rapidly. you're interested in Making our roads safe for outdoor enthusiasts by creating serving on this board or pathways that attract and make routes / corridors not just user commission friendly but places to remember are critical. Creating pathways that are easy to get to and above all fun for business or leisure travelers encourages a healthy community. References (please include daytime telephone number): Signature of applicant: Place Signed / Submitted Kevin Weatherill - 360.223.6036 Matthew Paskus Bellingham, WA M. Matt Paskus 1151 Old Marine Drive Bellingham, WA 98225 November 29th, 2016 Whatcom County Bicycle/Pedestrian Advisory Committee RE: Bicycle/Pedestrian Advisory Committee Committee Members: It gives me great pleasure in applying for a seat on the Bicycle/Pedestrian Advisory Committee with Whatcom County. Please find attached a sample of my work that helped advocate for a trail systems around the Bellingham International Airport. Even though these were conceptual for the Port of Bellingham, it presented a fresh look on how we can connect our counties and communities together promoting fitness and creativity. Serving the community is a tremendous opportunity and privilege. With the ability to offer my creativity, analytical, and technical skills allows me to give back to a great county. Again, thank you for your consideration and for reviewing my work and I look forward to sharing my experience with the committee. If you have any questions, please feel free to contact me at any time. My cell is 360.201.6665. Sincerely, Matt Paskus 445 Who We Are About Us The BIAAC is committed to living up to the Port of Bellingham's mission by fostering integrity and commitment to the community. Building a strong community starts by finding the linkages between culture, technology, business, the environment and the diverse communities we work and play in. The BIAAC is committed to creating ideas for the community making Bellingham a place to remember and want to visit for generations to come. Contact Us Phone: 360.201.6665 Email: bhp@alibee.com Web: www.alibee.comlbhp � SElaV1=€t 1-4P,B6"iAT PROJECT 1151 Old Marine Drive Bellingham, INA 98225 MI Opportunities come when you least expect it. The more we understand our environment and how we can bring business to the community is by showing the world that sustainability can work in amazing ways. The Bellingham Beaver Habitat is a trail system linking the Bellingham International Airport with the community in a very special way. We have a unique opportunity to create something that blends Whatcom County's rich aviation history and strong commitment to the environment. These two forces foster tremendous educational, economic and environmental opportunities for the community. Beavers are a keystone animal and have been in our culture for centuries. a t Beavers are busy. Whatcom County has benefited from the beaver's engineering marvels and sheer determination. Beavers have a direct benefit by decreasing damaging floods, recharging aquifers, reducing drought, removing pollutants from surface and ground water, and reduce erosion. "Its all about connectivity" We have an opportunity to create something special that brings culture, technology, nature and our community together. Its all about connectivity and the sustainable relationship we must maintain. Creating something of value for our community knits a social fabric around our community. Our local ecosystems are fragile. The Beaver Habitat plays a major role in preserving and fostering a balance between �_ diminishing habitats and the airport. The � Beaver Habitat Project is an opportunity to set aside and protect a local ecosystem. Why is restoration critcal? The Beaver Habit offers the community the chance to learn about a special animal that has been removed from the local environment. We have the chance to restore a native species and protect it from further harm while creating an atmosphere of sustainability for the community. The Beaver Habitat Project offers something for everyone. The Beaver Habitat will offer opportunities for sharing ideas, spawning creativity in the — W fields of architecture, engineering and environmental restoration creating a win for the community. Mixing aviation and nature enthusiast is a potent force for imagination and education. The number of events to be held annually are limitless because the Beaver Habitat offers unlimited access while pffering something for everyone. Creativity and learning will never stop. Creativity and learning will never stop at the Beaver Habitat. Technical advances in aviation with an understanding for the environmentare simply stepping stones for the Beaver Habitat. With phased in approaches, dedication, integrity and commitment, the Beaver Habitat will be successful and build upon ideas making the Beaver Habitat one of the most talked about locations in the world. 447 Who We Are About Cgs The BIAAC is committed to living up to the Port of Bellingham's mission by fostering integrity and commitment to the community. Building a strong community starts by finding the linkages between culture, technology, business, the environment and the diverse communities we work and play in. The BIAAC is committed to creating ideas for the community making Bellingham a place to remember and want to visit for generations to come. Contact Us Phone: 360.201.6665 Email: ttppaalibee.com Web: www.alibee.com/ttn TOWERS TRAIL PROJECT 1151 Old Marine Drive Bellingham, WA9822S Opportunities come when you least expect it. The more we understand our environment and how we can bring business, while creating ecotourism to the community is showing the world that sustainability can work in amazing ways. The Bellingham Towers Project is a trail system linking the Bellingham International Airport with the community in a very special way. We have a unique opportunity to create something that blends Whatcom County's rich aviation history and strong commitment %> + to the environment through recreation. These forces foster tremendous educational, economic, recreational and environmental opportunities for the community. Having a place to go for young adults offers a unique chance to socialize and learn in a healthy setting.ffjff&wl�131�1 . Places are simply limited forkids. Whatcom County has the chance to BE set land aside and building a unique experience for families. With the right leadership, Towers Trail will be a place for families and young adults to feel safe within an outdoor setting. "It's all about connectivity" We have an opportunity to create something special that brings culture, technology, recreation, nature and our community together fostering volunteerism. It's all about connectivity and the sustainable relationship we must maintain. Creating something of value for our community knits a social fabric around our community. The Towers Trail plays a major role in preserving and fostering a balance between diminishing recreational lands and the airport that are within proximity to the central core of Bellingham neighborhoods. Why is the bike trail critical? The bike trail offers a year-round adventure for Whatcom County youth fostering volunteerism and creating an attraction which promotes health and fitness. The Towers Trail project offers something for everyone. The Towers Trail will offer opportunities for sharing ideas, spawning creativity in fields of architecture, engineering and environmental restoration and IA' recreation creating a win for the community. Mixing aviation and nature enthusiast is a potent force for imagination and education. The number of events to be held annually are limitless because the Tower Trail offers year- round and unlimited access while offering something for everyone. Creativity and learning will never stop. Creativity and learning will never stop at the Towers Trail. Technical advances in aviation with an understanding for the environment and recreation are simply stepping stones for the Towers Trail Project. With phased in approaches, dedication, integrity and commitment, the Towers Trail will be successful and build upon ideas making the Towers Trail one of the most talked about locations in the world. i i iF Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the information provided will be available to the County CounCii, (county Executive, and the public. All board and cornrrlid-diun members are expected to be fair, It%lpailia, and respectlul of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Last Name Date Street Address City Zip Do you live in & are you registered to vote in Whatcom County? Do you have a different mailing address? Primary Telephone Secondary Telephone Email Address 1. Name of Board or Committee 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? 4. Are you a US citizen? 5. Are you registered to vote in Whatcom County? Eileen Kadesh 1 /5/2017 1381 N. Parkstone Ct. Bellingham 98229 Yes Field not completed. 360-483-2914 425-691-9307 kadeshe@gmmail.com Bicycle/Pedestrian Advisory Committee Yes District 3 Yes Yes 450 6. Have you ever been a member of this No Board/Commission? 7. Do you or your spouse have a No financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed Field not completed. summary of experience, qualifications, & interest in response to the following questions 8. Please describe your occupation (or I am currently retired from a career as a transportation planner. My last position former occupation if retired), was Senior Transportation Planner at King County Metro Transit in Seattle, qualifications, professional and/or where I worked for 30 years in transportation demand management, including managing Metros bicycle program. I was instrumental in starting car sharing and community activities, and education bike sharing in Seattle. Previously, I worked as the first Bicycle Coordinator for the District of Columbia DOT in the late 1970's and developed the first bicycle plan for the City of Santa Barbara in 1973. 1 have also worked for EPA and the U.S. DOT in Washington, D.C., for the Multnomah County, Oregon Planning Department in 1977, and for three consulting firms, one in San Francisco, one in Alexandria, Virginia, and one in Portland, Oregon, doing bicycle/pedestrian planning and education. I have a Master's degree in City and Regional Planning from UC Berkeley (1975). 9. Please describe why you're interested in serving on this board or commission References (please include daytime telephone number): Signature of applicant: I have worked for two years doing bicycle education in the Whatcom County elementary schools through the WCOG Smart Trips program. I also am a regular cyclist myself and do most of my errands by bike. In addition, I walk every day in my neighborhood and started the Parkstone Walking Club to encourage more residents to walk. I would like to see Whatcom County become a friendlier place to travel by alternative transportation modes. Mark Greenberg, Dean of Libraries, WWU (813-767-3101) Mary Anderson, Whatcom Council of Governments (360-685-8388) Malva Slachowitz, Senior Transportation Planner, King County Metro Transit (206-477-5873) Eileen Kadesh Place Signed / Submitted Bellingham, Washington 451 �60M C0G 9 Mr4 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT.- As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. Ali board and cornrrission members are expected to be air, iri�pa a`, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Sunny Last Name Beaver Date 1 /11 /2017 Street Address 2706 Nevada St City Bellingham Zip 98229 Do you live in & are you registered to Yes vote in Whatcom County? Do you have a different mailing address? Field not completed. Primary Telephone 707-391-5173 Secondary Telephone Field not completed. Email Address slb95449@gmail.com 1. Name of Board or Committee Bicycle/Pedestrian Advisory Committee 2. Do you meet the residency, Yes employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? District 2 4. Are you a US citizen? Yes 5. Are you registered to vote in Whatcom Yes County? 6. Have you ever been a member of this No Board/Commission? 452 7. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions No resume SB BPAC.pdf - attached 8. Please describe your occupation (or Please see attached resume. former occupation if retired), qualifications, professional and/or community activities, and education 9. Please describe why you're interested I love to ride bicycles, and I love to walk. And I love to do these things in in serving on this board or commission Whatcom County. I have been walking for most of my life, riding recreationally for about as long, and for the past decade have commuted by bicycle, first in San Francisco and now in Bellingham, as I have chosen not to own a car. Because I have chosen to travel by foot or by wheel, I depend on, and interact with, public infrastructure such as buses, roads, sidewalks, and trails to a high degree. Day in and day out, in darkness and light, in rain, snow, and fairest skies, on busy roads and on empty ones, with each footstep or pedal revolution, for thousands of fortunate miles, I have had much time to consider what would make my cycling experiences better. And it isn't just my experiences that I think of. I very much want cycling and walking to be convenient, fun, legitimate, safe, and viable means of both recreation and transportation for riders and walkers of all ages and all types. Because that is a healthy outcome for our society: enriching the physical and emotional health of participants; reducing air pollution, greenhouse gas production, and traffic congestion; contributing to local economies through bicycle- and hiking -related tourism; and answering the growing desire on the part of the next generations for liveable, rideable, walkable communities. Because I believe strongly in the positive effects making intelligent improvements to the experience of cyclists and walkers both, I welcome the opportunity to apply my professional and personal experience to making those improvements in Whatcom County. Thank you for your consideration. References (please include daytime David Vitt, Owner Kulshan Brewing Company 360-739-3608 Gayle Isbell, telephone number): Friend 360-468-3266 Signature of applicant: Sunny Beaver Place Signed / Submitted Bellingham, WA 453 Sunny L, Beaver Phone:707-391-5173 Email: slb95449@gmail.com 2015-present Bookkeeper, Kulshan Brewing Co. Bellingham, WA Assist Finance Manager and CFO with accounts payable, check and cash disbursements, account reconciliations, cash drawer preparation, payroll, expense accruals, preparation of periodic financial statements, purchases of ingredients, inventory control, other administrative tasks as needed. 2012-2014 Office Manager & Bookkeeper, San Francisco Landscapes San Francisco, CA Performed bookkeeping and accounting tasks including accounts payable, accounts receivable, account reconciliations, adjusting entries, cash receipts and disbursements, job costing, and payroll. Prepared financial statements. Prepared and filed sales tax returns. Maintained company insurance policies and records. Prepared agenda for, and facilitated, weekly management meetings. Supervised office staff. Compiled and edited staff training manuals. 2002-2011 Office Manager & Bookkeeper, Yokayo Biofuels Ukiah, CA Performed bookkeeping and accounting tasks including account reconciliations, accounts receivable, accounts payable, cash receipts and disbursements, and payroll. Prepared and filed sales, payroll, and excise tax returns. Acted as custodian of company records and petty cash. Provided customer service and education. Managed relations with customers and vendors 1999-2002 Technical Sales Associate, Real Goods Berkeley/Hopland, CA Designed and sold renewable energy (solar, wind, and hydro) systems. Advised customers on system maintenance. EDUCATION 2013-2014: Accounting, City College of San Francisco 1993-1997: B.A. in Geography/Environmental Studies, UCLA 1989-1993: High School Diploma, Chula Vista High School, Chula Vista, CA VOLUNTEER POSITIONS 2011 Ukiah Natural Foods Co-op Board of Directors, Ukiah, CA 2012-2014 18 Reasons Volunteer Staff, San Francisco, CA 454 CC°M CO Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT. As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Samuel "Bart" Last Name Miller Date 1 /9/2017 Street Address 5949 Shannon Avenue City Ferndale Zip 98248 Do you live in & are you registered to vote Yes in Whatcom County? Do you have a different mailing address? Field not completed. Primary Telephone 360-303-5055 Secondary Telephone Field not completed. Email Address 1. Name of Board or Committee 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? 4. Are you a US citizen? 5. Are you registered to vote in Whatcom County? 6. Have you ever been a member of this Board/Commission? sbartmiller@comcast.net Civic Service Commission Yes Field not completed. Yes Yes No 455 7. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions 8. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education No Resume - Miller - 1-9-17.pdf See resume. 9. Please describe why you're interested I feel that I bring a balance of management experience, negotiating skills, in serving on this board or commission perception and a good understanding of law enforcement in a variety of aspects and positions that would bring a strong balance to the needs for this position. References (please include daytime Grant Fishbook 350-733-1337 Sheriff Bill Elfo 360-676-6650 Alan Cheesman telephone number): 360-815-6666 Signature of applicant: Place Signed / Submitted S. Bart Miller Ferndale, Washington 456 Ss Bart Miller 5949 Shannon Avenue Ferndale, Washington 98248 360-303-5055 - Cell sbartmil ler@comcast.net EXPERIENCE • February 2016 to present — Mueller Reports — Insurance inspections. • September 2014 to June 2015-Security Lead-CTK Bellingham • November 2005 to January 2014 — Center Manager, BioLife Plasma Services (Baxter Healthcare), Bellingham, WA. Duties include all phases of center operation. (HR, risk management, budgeting, regulatory compliance, production, marketing, facilities, etc.) Supervise two assistant managers, five supervisors and 40+ employees. • April 2004 to September 2005— Administrator, Cornwall Church, Bellingham, WA. Duties included office (HR, risk management, benefits, payroll, accounting, legal, employment, governmental compliance, etc.) and facilities management for the church. Supervise an Office Manager, Treasurer and Facilities Manager. • January 1992 to April 2004— Administrator, Life Center Foursquare Church, Spokane, WA. Duties included office (HR, risk management, benefits, payroll, accounting, legal, employment, database, governmental compliance, etc.) and facilities management for the church. Managed all supervisors. • November 1988 to December 1991 — Loss Control Specialist, SAFECO Insurance Companies, Spokane, WA. Duties included inspecting various commercial companies, in conjunction with commercial underwriting, for property, liability, worker's compensation and various other coverages. Territory included Eastern Washington, Northern Idaho and Montana. • November 1987 to December 1988 — Air Monitoring Technician, Radian Corporation, Austin, TX. -Duties included monitoring and maintenance of two collection stations with various instruments. This was in conjunction with the approval for the Spokane County Incinerator. • July 1977 to May 1987 — Last position held was as the Engineering Services Manager, KeyTronic Corporation, Spokane, WA. Duties included managing the department involving engineering drawings, bills of material, printed circuit design, distribution of those to production, coordinating with mechanical engineering and electrical engineering and various other departments. This last position was a three -shift operation with 70-80 employees. Other positions held were as Mold Shop Supervisor, Mold Shop Manager and Assembly Manager. o Other experience includes: Letter Carrier — full-time during summers for two years while completing college. Hearing Technician — Spokane School District #81 — full-time position while completing college. Nuclear Weapons Technician, U.S. Air Force. Seven years in Texas, Colorado, West German and Spokane. Reserve Officer, Spokane Police Department for 9+ years. Law Enforcement Chaplain, Spokane County Sheriff's Office and Washington State Patrol, District #4 and the Whatcom County Sheriff's Office for 5+ years. EDUCATION Whitworth College — Spokane, Washington. Graduated with a BS in Business Management. (3.7 GPA) 457 JACK LOUWS 4 t -_ C UNCILMEMBERS: County Executive ���c'.oM cOv Barbara E. Brenner Rud Browne JQN 0 2017 Barry Buchanan Todd Donovan rji%1�° © H � gy uAC1( ;�r, a Ken Mann 4ySatpal Sidhu EXECUTIVENTY Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS t ` . ...� �, c . Date: __. I- L� �( -7 ivarne _. — — _ _...._.. _.. Street Address: ___.. City: _ _ _._��'3i ��'' '------=—== --- s�--------- --- zip Code: Mailing Address (if different from street address):-- — — Y p - Evening Telephone: _ —mm ~ _-- Cell Phone:'�._1-- r` Da Telephone: - _— E-mail address ..__ —�` .a_ G, C, C_ 1. Name of board or committee -please see reverse:.` C. .---- 2. You must specify which position you are applying for. Please refer to vacancy list., 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (if applicable, please refer to vacancy list,) (j yes { ) no 4. Which Council district do you live in? ( ) One { ) 'Two ( ) Three { ) Four ( ) Five 5. Are you a US citizen? (X.) yes ( ) no 6. Are you registered to vote in Whatcom County? O yes ( ) no 7. Have you ever been a member of this Board/Commission? O yes ( j no If yes, dates:....-_w_d 0Z_,., 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? { ) yes AA no If yes, please explain: You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions. 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. —_� a ✓ �'T < 4 'C& ie .. L rYA` C 10. Please describe why you're interested in serving on this board or commission:__✓es-' References (please include daytime telephone number): _ 4. ;;°w'i c Signature of applicant: THIS IS A PUBLIC DOCUMENT, As a candidate for a public board or commission, the alcove information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff', and each other. Failure to abide by these expaectat,ons may result in revocation of appointment and removal from the appointive position. MW RECEIVEU ACKLOUWS CILMEVIBEREk County Executive c��o�, Barbara E Brenner n. E (13 2016Barry Buchanan Rud Browne Todd Donovan �4S 02 °��,a.��a�r JACK L �" �iti ,lc; Ken Mann COUNWEXECUTIVE Carl Weimer APPLICATION FOR APPOINTMENT TO WHATC®M COUNTY BARDS AND COMMISSIONS PtIFASt PRINT ILEC:IK_s' and COMPLETE ALL IT FPS S Name: ae Street Address:` Date: P � � 13 �' 6 f, City: 5tM44 Pv�� Zip Code: IS21s" Mailing Address (if different from street addrs ass): Day Telephone: 5jp�_,z 3 Evening Telephone: 2�3)^ q,� ci Cell Phone: 3&Ch ���� �`�Ol E-mail address: Ydde,,a *; cr, we,ED e mj 1. Name of board or committee -please see reverse: 2. You rnust sped% ;chich position you are appivi:rlo. for. Please refer to vacancy gist 5cmn.e_ 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) (n yes ( ) no 4. Which Council district do you live in? ( ) One ()Q Two ( ) Three S. Are you a US citizen? yes ( ) no 6. Are you registered to vote in Whatcom County? yes ( ) no 7. Have you ever been a member of this Board/Commission? ( ) yes (9<j no If yes, dates: 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? yes ( ) no If yes, please explain:. FX,rc 4Y r7kyr p-0sfyf:e� d YOU nZay attach a resume or detailed suni Vary of experience, qualifications, iY interest in response to ti3'ie o'Iit3Vd irlg questions. 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, d education. _ reV� 6,�GvOQ,'�"3Ptp 13uS,+%eSS �25 f ul�,% Cpm Ei c 6W-45 4s506a y �ra,�� bar Q�IS '�� Cca� fawj P'j , 10. Please describe why you're interested in serving on this board or commission: Tcn 6ewu;Js jX4,1 t beiv b,: Uz;', `ln:5 OUYe.55 CAld n+,(AV- 'c vl 0 0&_S5;�15 ' 1-b '�cvye_' i,01 5apy- uA-nu.Y_ ce-s References (please include daytime telephone number): C1c\4e1" &M H-eWe+f _X7f1",5'q©D CO,. tie G &.- y _&4y- ` 3V - LN60 6� 07 Signature Gf applicant: E HIS IS A PUELZC DOCUMENT. As a candidate for a pubfle- board or commmjssion, Nib above e infog maVon vvHH; be av-72E:sYH:Ssge to the County Courc§l, County ExecutH(re, and the pubgic. A35 baard curls rcommiss2on manib=ers are 4?a_ptti-.",cte' d to '..icee far, Hmpa!rdag, -and ;r '.rh R,i�4^S:N ��� of the '(i'3t5bg5 , Co!unt� f staff, and each other. F aH ure to abgde by tln .`:cam e xw e cta*Joimi nnay'ii res'.? t 3n. rrnavucativn of apppaHnti meat and a c 911go va'5 fr ona the appo.i5af ive pos^ Non. 459 Board and Commission Application Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT., As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fay ; impart al, and re-specth4,! of the public County -staff, -and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Jeff Last Name Vander Yacht Date 11 /4/2016 Street Address 1812 Cornwall Avenue City Bellingham Zip 98225 Do you have a different Field not completed. mailing address? Primary Telephone 360-671-7387 Secondary Telephone 360-815-4196 Email Address ivande�acht�psesurveycom 1. Name of Board or Development Standards Technical Advisory Committee Committee 2. Do you meet the Yes residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district District 2 do you live in? 4. Are you a US citizen? Yes 5. Are you registered to Yes vote in Whatcom County? E•1 6. Have you ever been a Yes member of this Board/Commission? If yes, please list dates: 1-31-16 through present, seeking second term 7. Do you or your spouse Yes have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? If yes, please explain Principal at Pacific Surveying and Engineering, Inc. You may attach a resume Field not completed. or detailed summary of experience, qualifications, & interest in response to the following questions 8. Please describe your Professional Civil Engineer occupation (or former occupation if retired), qualifications, professional and/or community activities, and education 9. Please describe why I want to use my professional experience related to you're interested in development activities in Whatcom County to help review, serving on this board or revise, and improve the development standards. commission References (please See resume for additional references include daytime telephone number): Signature of applicant: Jeff Vander Yacht Place Signed / Submitted Bellingham, Washington 461 Mr. Vander Yacht has more than 20 years of civil design and project management experience within Whatcom, Skagit, and Island counties. He has served local agencies and private developers by performing as a project manager, design engineer, and construction inspector. Jeffs technical design experience includes urban street design, rural roadway design, commercial site grading plans, utility design, pedestrian corridors, bikeways, potable water distribution systems, potable water booster pump station design, Group A and Group B public water system development, and stormwater management. Jeffs design team leadership experience includes project scheduling, maintaining design budgets, permit acquisition, project feasibility, and coordination of sub consultants. Project Experience: Slater Road Intersections - Imhof Road and Ferndale Road Whatcom County Public Works Kevin M. Thompson, Project Engineer (360) 715-7450, Ext. 50690 West Bakerview Overpass City of Bellingham Rory Routhe, P.E. (360)778-7900 Barkley Village Road & Utilities Civil Engineering / Improvements Jeff Kochman, President Talbot Real Estate, LLC Bellingham, Washington (360)671-6450 Carl Cozier School SRTS City of Bellingham - Public Works Bellingham, Washington Stephen Day, P.E. (360)778-7900 Expertise' • Storm Water Management • Public Water System Development • Construction Quality Control • Construction Cost Estimating • Construction Management • Design of Pedestrian Facilities • Commercial Site Development • Urban and Rural Roadways Design • Municipal Ad & Award Procedures Education: • BS - Civil Engineering University of Portland Portland, Oregon Registration & Affiliation: • PE - State of Washington No. 37432 (2001) • Technical Advisory Committee - Board Member (TAC) 2015- Current • Washington Engineering Institute (WEI) - Board Member 2010 - Current Professional References: Mr. Bob Hayden UPPER SKAGIT INDIAN TRIBE Sedro Woolley, Washington (360) 410-7099 Mr. Stephen Day, P.E. Project Manager CITY OF BELLINGHAM Bellingham, WA (360) 778-7900 Mr. Mark Sandal Public Works Program Coordinator CITY OF LYNDEN Lynden, Washington (360) 354-3446 Mr. Martin Kjelstad, PE CITY OF BELLINGHAM Public Works Department Bellingham, Washington (360) 778-7900 462 ,doom co Board and Commission Application �'9 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Elizabeth Last Name Sterling Date 12/2/2016 Street Address 1397 Central Road City Everson Zip 98247 Do you live in & are you Yes registered to vote in Whatcom County? Do you have a different YES mailing address? Mailing Address P.O. Box 5234, Bellingham, WA 98227 Primary Telephone (360) 733-6100 x-221 Secondary Telephone (360) 510-8944 Email Address Isterlin wilsonengineerinq com 1. Name of Board or Development Standards Technical Advisory Committee Committee 2. Do you meet the residency, Yes employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district District 2 do you live in? 4. Are you a US citizen? Yes 463 5. Are you registered to Yes vote in Whatcom County? 6. Have you ever been a Yes member of this Board/Commission? If yes, please list dates: 2/2015-1 /2017 7. Do you or your spouse Yes have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? If yes, please explain I work for Wilson Engineering LLC (Bellingham, WA) which does periodic engineering consulting work for Whatcom County You may attach a resume Field not completed. or detailed summary of experience, qualifications, & interest in response to the following questions 8. Please describe your Registered WA civil engineer with sixteen years of experience occupation (or former working in Whatcom County. occupation if retired), qualifications, professional and/or community activities, and education 9. Please describe why I've served on Development Standards TAC for the past two years you're interested in and have found the experience very rewarding. serving on this board or commission References (please Field not completed. include daytime telephone number): Signature of applicant: Elizabeth A. Sterling Place Signed / Submitted 805 Dupont St., Bellingham, WA .M Board and Commission Application a Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT.' As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Raymond Last Name Peterson Date 11 /30/2016 Street Address 2105 Wildflower Way City Bellingham Zip 98229 Do you live in & are you Yes registered to vote in Whatcom County? Do you have a different YES mailing address? Mailing Address PO Box 31626, Bellingham, WA 98228 Primary Telephone 360-319-3429 Secondary Telephone Field not completed. Email Address raypeterson36C_cmail .com 1. Name of Board or Development Standards Technical Advisory Committee Committee 2. Do you meet the residency, Yes employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district District 1 do you live in? 4. Are you a US citizen? Yes 465 5. Are you registered to Yes vote in Whatcom County? 6. Have you ever been a No member of this Board/Commission? 7. Do you or your spouse Yes have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? If yes, please explain Professsional Land Surveyor with Larry Steele and Associates Inc. which does land surveying work for Whatcom County. You may attach a resume Raymond Peterson - Whatcom County TAC.pdf or detailed summary of experience, qualifications, & interest in response to the following questions 8. Please describe your See attached document occupation (or former occupation if retired), qualifications, professional and/or community activities, and education 9. Please describe why See attached document you're interested in serving on this board or commission References (please See attached document include daytime telephone number): Signature of applicant: Raymond Peterson Place Signed / Submitted Bellingham, WA E•. Raymond Peterson, PLS 2105 Wildflower Way Bellingham, WA 98229 360-319-3429 Application for the Whatcom County Development Standard Technical Advisory Committee Occupation & qualifications: I have almost 20 years of experience working in the Land Surveying Profession. I began working for Larry Steele & Associates on the Field Crew in 1997, and earned my Washington State Professional Land Surveyor License in May of 2012. I have a strong construction and business background, working in the field and in the office, and have a strong proficiency at conducting the survey calculations required for construction staking. I have worked in the field and in the office on many projects in Whatcom County, from small housing developments and municipal road projects, to large scale industrial projects. I have served as the Construction Coordinator for Larry Steele and Associates on many large scale projects and frequently interacted with the prime contractors to determine the most effective and efficient use of our field surveying and mapping efforts. I have previously performed the onsite field management of a 23 mile portion of the pipeline capacity replacement project through Whatcom County, running from Sumas and into Skagit County, for Williams Pipeline Company. I managed up to 6 onsite field crews at one time, coordinating with the contractor for all survey aspects of the job that were needed throughout the 23 mile project. Most recently, Mr. Kleinknecht and I worked together and oversaw the survey completion of the Crude Rail Logistics Project at the BP Railway Loop. This included the oversight of 3-4 field crews working on various sites and navigating the needs of several construction companies and contractors working on the job site. 467 I am an active member in the Land Surveyor's Association of Washington (LSAW), and have been the Treasurer of the Northwest Chapter of the LSAW since 2010. Interest for serving on the committee: With my extensive surveying history in construction, I feel that I could be very helpful in reviewing and modifying proposed standards. I feel that serving on the committee would be a great way to give back to my community and further my knowledge about the development standards. References: Larry Steele, PLS Larry Steele & Associates Inc. 360-676-9350 Erich Kleinknecht, PLS Larry Steele & Associates Inc. 360-676-9350 Tony Freeland, PE Freeland & Associates 360-650-1408 2 E•: �A�GOm COO 3 ti� Ash�NGt Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate fora public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectfui of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Last Name Date Street Address City Zip Do you live in & are you registered to vote in Whatcom County? Do you have a different mailing address? Primary Telephone Secondary Telephone Email Address 1. Name of Board or Committee 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? 4. Are you a US citizen? 5. Are you registered to vote in Whatcom County? 6. Have you ever been a member of this Board/Commission? Catherine Moore 1/12/2017 2321 Iron St Bellingham 98225 Yes Field not completed. 360-647-1500 Field not completed. cmoore(&Icarmichaelclark.com Development Standards Technical Advisory Committee Yes District 2 Yes Yes IM R• 'R 7. Do you or your spouse have a financial Yes interest in or are you an employee or officer of any business or agency that does business with Whatcom County? If yes, please explain You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions 8. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education 9. Please describe why you're interested in serving on this board or commission References (please include daytime telephone number): Signature of applicant: Place Signed / Submitted I am employed as an associate attorney at Carmichael Clark, a law firm operating in Bellingham. Catherine Moore - TAC Application.pdf - attached Please see attached. Please see attached. Bob Carmichael - bobo_carmichaelclark.com - 360-647-1500 Simi Jain - siain@carmichaelclark.com - 360-647-1500 Catherine Moore Bellingham, WA 470 Whatcom County Executive's Office 311 Grand Avenue Suite 108 Bellingham, WA 98225 Dear Sir or Madam, 1700 0 Street P. 360 647 1500 Betlingham, WA, 98225 F. 360 647 1501 CarmichaetCtark.com CATHERINE MOORE I Associate Attorney CMoore@Carmichae[Clark.com WX M JAN 12 2017 J CI&I&\` LOUW COUNTY EXECUTIVE I write to apply to a vacant At Large position on the Development Standards Technical Advisory Committee. In October 2016, 1 joined the law firm Carmichael Clark, PS as an associate attorney. 1 work closely with Bob Carmichael, who recommended I apply to join the committee. My primary area of practice is land use law. I work with a variety of clients in this capacity, including municipalities and developers. 1 believe my legal experience could help the county grow while balancing the need for flexibility with its valuable established development regulations. I graduated from the University of Washington School of Law in May 2016. Though I have been actively practicing law for only a few months, in law school I devoted much of my study to land use issues. I took almost all environmental or land use law classes. I gained practical experience by externing at the Washington Forest Law Center and participating in the Regulatory and Environmental Law Clinic. Due to my current practice and my previous exposure, I understand the various pressures and perspectives that governments, environmentalists, and developers bring to the table. I would also like to contribute my perspective as a long-time Whatcom County resident. I grew up in Bellingham and am a graduate of Sehome High School. Though I left Whatcom County to pursue my education, I returned immediately after law school. Now that I am back, I want to use my expertise to improve the community. Please find my resume attached. Do not hesitate to contact me with any questions. Very truly yours, Catherine Moore Associate Attorney 471 CATHERINE MOORE 2321 Iron Street, Bellingham., WA 98225 • (360) 201-7451 • cmoore@carmichaelclark.com CARMICHAEL CLARK, P.S. ATTORNEY ® October 2016 to Present ® Bellingham, WA Practice areas include land use, water use, environmental regulations, and litigation. Provide support to partners to advise clients including municipalities, water districts, land developers, non-profit organizations, homeowners' associations, and private individuals. Member of the Washington State Bar Association and the Whatcom County Bar Association. EDUCATION UNIVERSITY OF WASHINGTON SCHOOL OF LAW ® Seattle, WA Juris Doctor, June 2016 • GPA: 3.56 Selected Honors and Activities: Pro Bono Honors Award Recipient • Charlotte MacDonald Malone Endowed Scholarship Recipient • 2014-2015 Moderate Means Intern UNIVERSITY OF WASHINGTON • Seattle, WA Bachelor of Arts, Political Science and Bachelor of Science, Economics • June 2012 • GPA: 3.87 Selected Honors and Activities: Graduated Magna Cum Laude • Dean's List all 12 quarters e College Honors Program • Phi Beta Kappa s Senior Thesis: Marbled Murrelets: Mysteries and Management SELECTED EXPERIENCE STUDENT LEGAL SERVICES • September 2015 to July 2016 • Seattle, WA Advised members of the University of Washington community on a wide variety of legal issues. Particular emphasis on landlord -tenant issues. WASHINGTON FOREST LAW CENTER • January 2016 to March 2016 • Seattle, WA Researched novel areas of land use and natural resources law and drafted litigation documents. NORTHWEST JUSTICE PROJECT June 2015 to August 2015 • Bellingham, WA Aided residents of Whatcom and Skagit Counties under 200% of the federal poverty level with legal concerns. REGULATORY AND ENVIRONMENTAL LAW CLINIC• September 2014 to March 2015 • Seattle, WA Worked with high -profile environmental non -profits on cases involving water law on the Columbia River and land use and zoning matters regarding Concentrated Animal Feeding Operations. 472 WHATCOM COUNTY Health Department November 22, 2016 TO: Jack Louws, County Executive Regina A. Delahunt Director Greg Stern, 1 ZKONA F NOV 2 2 2016 JACK. COUNTY EXECUTIVE FROM: Jessica Lee, Program Specialist, Developmental Disabilities RE: Nomination for Initial Appointment to the Developmental Disabilities Advisory Board I am pleased to forward the nomination of Amy Glasser for initial appointment to the Developmental Disabilities Advisory Board. (DDAB) The DDAB nominating committee met on November 21, 2016 and unanimously recommended Amy's appointment. Amy is a resident of Bellingham and an independent clinical social worker who has been working with children and families for over 37 years. Her interest is in ensuring that all community members are included and have equal access to community resources and activities. Her references note her skill in helping families navigate complex systems, her compassion, integrity and advocacy skills. As you can see, Amy provides valuable expertise in areas that will assist the Board in its work improving the lives of people with developmental disabilities. Thank you, Jack, for considering this nomination for appointment. ENVIRONMENTAL HEALTH 509 Girard Street COMMUNITY HEALTH 1500 North State Street HUMAN SERVICES Bellingham, WA 98225-4005PUBLIC HEALTH CLINICAL SERVICES Bellingham, WA 98225-4551 ADMINISTRATION (360) 676-6724 �� DISEASE RESPONSE (360) 676-4593 FAX (360) 676-7646 M S I� �� FAX (360) 676 *P3 Board and Commission Application (9 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Amy Last Name Glasser Date 10/11/16 Street Address 2930 Sunset Drive City Bellingham Zip 98225 Do you have a different Field not completed. mailing address? Primary Telephone 360-366-7492 Secondary Telephone Field not completed. Email Address amyglassermsw(@,Vahoo,com 1. Name of Board or Developmental Disabilities Board Committee 2. Do you meet the Yes residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district District 2 do you live in? 4. Are you a US citizen? Yes 5. Are you registered to Yes vote in Whatcorn County? 474 6. Have you ever been a No member of this Board/Commission? .. _.. .................. _... 7. Do you or your spouse No have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume Resume 2015.doc or detailed summary of experience, qualifications, & interest in response to the following questions .. ..._._........._ _...._ . 8. Please describe your I am a social worker. I have over 37 years working with occupation (or former children, adults and families with disabilities both psychological occupation if retired), and physical. qualifications, professional and/or community activities, and education 9. Please describe why I would like to get more involved in making sure that all people you're interested in in the community have access to all the amazing activities and serving on this board or events in our county. commission References (please Victor Pleucy 360-223-2514 Marcia Joy: 318-3966 Dennis include daytime Dashiell: 224-5498 Sieneke Stevenson: 594-6757 telephone number): Signature of applicant: Amy Glasser Place Signed / Submitted Bellingham, WA 475 Amy Glasser, MSW, LICSW Phone: 360-820-0633 2930 Sunset Drive, Bellingham, WA 98225 E-mail: amyglassermsw@yahoo.com AMY GLASSER, MSW, LICSW EXPERIENCE Private Practice 3/2004 - Present Bellingham, WA Licensed Independent Clinical Social Worker Responsibilities: * Private therapist treating children and families affected by abuse, sexual assault, domestic violence, mental illness and substance abuse. * Private parent educator; teaching skills to improve parenting and enhance family functioning. * Providing court ordered therapeutic supervised visits, reunification work, and consultation to parent, attorneys, and others who work in the best interest of children. * Contracts with the State and the County providing outreach therapeutic services, parenting classes and case management services. * Conduct workshops relating to families and healthy relationships. * Case manager assisting clients of all ages (children - geriatric) who are at high risk of being psychiatrically hospitalized. * Extensive collaboration with state agencies, schools, mental health clinics and medical facilities. * Specific expertise in the area of child abuse/neglect, sexual abuse, and domestic violence. * Current contracts with the State of Washington providing all types of therapy and parent education and with Whatcom County Behavioral Health Access Program providing therapeutic services to the uninsured. The Next Door 10/2001-10/2002 Hood River, Oregon Wasco Family Services Program Manager/Therapist Responsibilities: * Managed the community Teen Court, Educational Success Project and the Drug Free Communities Grant. * Provided direct therapeutic services to the teens of Wasco County at risk for involvement in the juvenile system and to teens in temporary placement in the NDI Community Attention Homes. * Manager duties include budgeting, office management, state and government reports and providing in-service training on abuse and neglect related issues. * Extensive coordination with the Commission on Children and Families, local schools and all state and private agencies serving county children. CAL Department of the Army 8/2000 - 5/2001 Schinnen, The Netherlands, Europe Family Advocacy Program Manager Responsibilities: * Coordinating the prevention, intervention and treatment of domestic violence and child abuse cases within the 254th Base Support Battalion community region. * Educating the community and professionals about recognizing and reporting suspected family violence; providing educational classes on anger management, parenting, marriage enrichment, abuse prevention; and all other issues relating to families * Writing SOP and community policies, coordinating and conducting policy meetings. * Managing the Army Foster Care Program * Coordinating the community's Special Needs Program * Budget management. Additional responsibilities include: * Providing crisis intervention to community and military members. * Providing individual, family, school and community consultation. * Developed an extensive library of material for the community relating to the family and individual functioning. * Assisted in all activities of the Army Community Service program. Southern Oregon Child Study and Treatment Center 4/1999 - 4/2000 Medford, Oregon Specialized Foster Care Coordinator Responsibilities: * Recruitment of therapeutic foster homes to serve severely disturbed children ranging from ages 3-18 * Certification of these foster homes * Training of foster care providers * Case management of homes * Providing supervision to foster care providers * Counseling to the children in the homes * Crisis management to the foster homes * All necessary paperwork and documentation required by the county agencies that refer these children to the program. Tri-City Mental Health and Retardation Center 1/1991-3/1995 Lynn, Ma Therapist & Service Director Responsibilities: * Sexual abuse, domestic violence, substance abuse and mental illness counseling & case management * Coordinating medical, school and community outreach programs involved with the families * Managing a community mental health multi -disciplinary treatment team * Supervising a staff of ten (10) therapists 2 477 * Implementing and overseeing government contracts * Monitoring budgets and third party billing Northern Essex Health Resource Center 10/1988-11/1990 Amesbury, MA Therapist & Program Director Responsibilities: * Individual, family and group therapy to caseload of eighteen emotionally and psychologically disturbed adolescents males, ages 11-18 * Developing and managing a community mental health outreach program * Supervising four (4) therapists in a residential program serving 100 adolescents * Providing ongoing consultation to facility management Massachusetts Department of Social Services 12/1978-11/1988 Lynn, MA Social Worker, Children's Protective Service Unit Responsibilities: * Screening, investigating, assessing and case managing more than 700 cases of child abuse and neglect * Conducting District Court ordered care and protection investigations * Presenting abuse and neglect training to families, community and professional organizations * Media liaison concerning issues of sexual abuse * Teaching S.T.E.P. "Parenting" programs * Facilitating treatment groups for parents of sexually abused children * Directly delivering short-term counseling to children and families EDUCATION University of New Hampshire Bachelor's Degree - 6/1978 Major: Social Work University of Connecticut Masters of Social Work Degree- 12/1986 Major: Social Work LICENSURES AND CERTIFICATIONS LICSW 2003, LW 00007256, Washington State Originally licensed 1988 Massachusetts 3 W-01 "OM CO Board and Commission Application I N 0 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair,. impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Gary Last Name Jensen Date 2/10/16 Street Address 2482 Hilltop Road City Ferndale Zip 98248 Do you have a different Field not completed. mailing address? Primary Telephone 360-815-6135 Secondary Telephone None Email Address Garysteveniensen6DQmail.corn Step 2 1. Name of Board or Ethics Commission Committee 2. Do you meet the residency, Yes employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district District 3 do you live in? 4. Are you a US citizen? Yes 5. Are you registered to Yes vote in Whatcom County? Ewe 6. Have you ever been a No member of this Board/Commission? 7. Do you or your spouse have No a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or Field not completed. detailed summary of experience, qualifications, & interest in response to the following questions 8. Please describe your Former Mayor, City of Ferndale, serving eight years or two occupation (or former terms. Two years as Ferndale City Councilmember. President occupation if retired), and owner of Sullivan Plumbing Inc. Past president of the State qualifications, of Washington, Plumbing, Heating and Cooling Association, professional and/or Past board member of Whatcom BIA, Ferndale Chamber of community activities, and Commerce, Ferndale Boys and Girls Club, Whatcom Parks and education Recreation, Whatcom/Skagit Wrestling Referee Association. Thirty three years as a high school sports official. Education; Ferndale High School, Western Washington University( no degree) . Bellingham Technical College. Technical training in the field of plumbing. 9. Please describe why I have been a public servant for a large portion of my adult life. you're interested in I was asked to serve on this commission and volunteer to do serving on this board or so. commission References (please Greg Young, City Administrator, City of Ferndale, 360-685- include daytime 2351 Mike Knapp, Police Chief, City of Ferndale, 360-815- telephone number): 1501 Signature of applicant: Gary S. Jensen Place Signed / Submitted Ferndale, Wa E'1 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate fora public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Adrian Last Name Madrone Date 1/9/2017 y: r'-- I ED Street Address 222 Grand Ave. Ste. A JA N 0 9 2017 Cit y Zip Bellingham 9 98225 SAC F, LC)�I/VS COUNTY EXECUTIVE Do you live in & are you registered to vote Yes in Whatcom County? Do you have a different mailing address? Field not completed. Primary Telephone 360-685-4221 Secondary Telephone 360-223-7063 Email Address adrian@lustick.com 1. Name of Board or Committee Ethics Commission 2. Do you meet the residency, Yes employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? District 2 4. Are you a US citizen? Yes 5. Are you registered to vote in Whatcom Yes County? 6. Have you ever been a member of this Yes Board/Commission? R:1 If yes, please list dates: 2013-current 7. Do you or your spouse have a financial No interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed Field not completed. summary of experience, qualifications, & interest in response to the following questions 8. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education 9. Please describe why you're interested in serving on this board or commission References (please include daytime telephone number): Signature of applicant: Place Signed / Submitted I am currently a private criminal defense attorney with the law firm Lustick, Kaiman & Madrone. I have served on the board for the last term (four years), and would like to renew for a second term. Field not completed. Adrian Madrone Bellingham, WA MO Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Eli Last Name Wainman Date 1/12/2017 Street Address 501 12th St. Apt. 3 City Bellingham Zip 98225 Do you live in & are you registered to Yes vote in Whatcom County? Do you have a different mailing Field not completed. address? Primary Telephone 3603922826 Secondary Telephone Field not completed. Email Address eli@wainmanlaw.com 1. Name of Board or Committee Ethics Commission 2. Do you meet the residency, Yes employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? District 1 4. Are you a US citizen? Yes 5. Are you registered to vote in Yes Whatcom County? 6. Have you ever been a member of this No MW Board/Commission? 7. Do you or your spouse have a Field not completed. financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed CV.pdf summary of experience, qualifications, & interest in response to the following questions 8. Please describe your occupation (or A native of the Pacific Northwest, I grew up digging clams, pulling crab pots, and former occupation if retired), trolling for salmon at my grandfather's side off the shores of Guemes Island. qualifications, professional and/or After these early years, my family headed south, where I attended the prestigious Harvard -Westlake Academy in Los Angeles, California. When it was community activities, and education time to head off to college, I went back to the Pacific Northwest, where I attended Reed College of Portland, Oregon. After working as a carpenter and at a Beverly Hills talent agency, I received my legal training from the renowned Jesuit academics at Loyola Law School of Los Angeles. In 2003, 1 was sworn as a member of the California State Bar and the U.S. District Court for the Central District of California. whatcom museuml began my legal career in insurance litigation, defending corporate and professional clients in civil suits alleging malpractice, contract liability, and personal injuries. Later, I served for 27 months as a Volunteer for the United States Peace Corps in Central America. It was in the hills and jungles of Honduras that I became fully fluent in Spanish. Upon returning to the USA, I. "moved across the aisle" to work for individual clients. I read for the Washington State Bar and moved with my family back to the great Pacific Northwest, to begin my professional life as a plaintiff's lawyer. To get the client the needed result, to provide zealous representation and wise counsel, and to serve the underserved are my ultimate goals. I've volunteered my time pro bono for the Whatcom County Law Advocates, the Northwest Immigrant Rights Project, and the Whatcom County Public Defender's Office. I live in Bellingham with my wife, our daughter, and our German Shepherd dog. I enjoy woodworking, shooting, lifting weights, and cooking elaborate meals for my family and friends. 9. Please describe why you're interested I have held a serious interest in the ethical codes of conduct to which our elected in serving on this board or commission and appointed officials are held since I began the study of ethics and philosophy in college. The study of law introduced a personal dimension for me, as I am held to a higher standard as a member of the bars of CA and WA. References (please include daytime Steve Chance (360) 676-9700, Ziad Youssef (360) 734-0908, Aaron Lukoff (360) telephone number): 647-5241, Darrin Hall (360) 778-5240 Signature of applicant: Eli Wainman Place Signed / Submitted Bellingham, WA . ;. Eli Lawrence Wain an, Esq. 114 W. Magnolia Street, Suite 400, Bellingham, WA 98225 I Phone: 360-392-2826 1 Toll -free Phone: 888-267-5126 Fax: 360-392-2803 I Email: eli@wainmanlaw.corri j Licensed in WA and CA JURIS DOCTOR 12003 BACHELOR OF ARTS 11999 Loyola Law School - Los Angeles, CA Reed College - Portland, OR THE LAW OFFICES OF ELI WAINMAN, PLLCI 2014-PRESENT Solo civil litigation practice in Bellingham, WA. Plaintiff's attorney in civil matters of personal injury, IFCA, CPA, employment discrimination/harassment, insurance coverage, and product liability. ASSOCIATE I STEVE CHANCE, ATTORNEY -AT -LAW, PCI 2015-2016 Associated counsel in plaintiff's firm, trial practice in insurance coverage, personal injury, premises liability, employment discrimination and sexual harassment causes of action. ATTORNEY INTERN i WHATCOM COUNTY PUBLIC DEFENDER I 2014-2015 Pro bono defense of indigent clients in state misdemeanor and felony criminal causes. LEGAL COUNSEL/HR MANAGER I THE WAINMAN LLC 12012-2014 General counsel and human resources management at large family entertainment center of 40 employees. ASSOCIATE ATTORNEY I HEWITT & TRUSZKOWSI(1 12010-2011 Associate attorney in civil practice of personal injury and insurance defense, specializing in diving and motorcycle racing liability. ATTORNEY CONTRACTOR THE LAW OFFICES OF ANGELA BERRYAACOBY) 2009-2010 Criminal practice with concentration on misdemeanor and felony DUI defense. Law and motion practice, calendar appearances. WATER & SANITATION VOLUNTEER I UNITED STATES PEACE CORPS, HONDURAS 12007-2009 Manager of development projects in 40+ rural communities. Full operational responsibility for local infrastructure slate. ATTORNEY CONTRACTOR I WINSTON & STRAWN, LLP/STROOCK & STROOCK,LLP 12005-2007 Litigation of shareholder -derived actions and utilities lawsuits. ASSOCIATE ATTORNEY I FONDA & FRASER, LLPI 2003-2004 insurance defense firm. Litigation of complex coverage, products liability, and professional malpractice causes of action. R& JACK LOUWS .,,� �COUNCILMEMBERS: County Executive �Q�GOM co 41 Barbara E. Brenner Rud Browne Barry Buchanan Todd Donovan 2 A Ken Mann 4E i f ASy�NG't0 Satpal Sidhu Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: T-J (DY Street Address: �I City: Mailing Address (if Day Telephone: 31 E-mail address:'A 1. 2. m street address): Name of board or committee -please see reverse: i r �y ` �, U1 y , vy (: You must specify which position you are applying for. Please refer to vacancy list.-��. 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.)--_.__.__._._._._...._.__-._-.__...__.._._.__._._-.._____.....__......-.._.._._._._...-._.._( One Two Three ( yes ( ) no ) Four ( ) Five 4. Which Council district do you live in? -------- - ------- - -- ( ) ( ( ) 5. Are you a US citizen?--____._._..__._._......_---__._.___..__._._.__.._.-----._..__._.__.___.____-.---.-----.---._..._...---.---.----------_----.__.._...__ ('-'lyes ( ) no ( ) no 6. Are you registered to vote in Whatcom County? ------------ -- ----- -----..___._...__.__.._...__.__...___..__......__.-.._ (es .- 7. Have you ever been a member of this Board/Commission?--------- --- --- ------_..__..__..____....._....._ Oyes ( ) no If yes, dates: 2-C) 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ----- -- -- -- ------ ----- - -- -- - ( ) yes ( no If yes, please explain: You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions. 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and educatio -- 1., , VAPorev n ITr� t �E « ,a ('eil; n fAl��-_S@' OVA V-5 f_`- k. 0VTQVMY) ft i ib 10. P References (please incl Signature of appl re interested in serving daytime telephone number): this board or commission: THIS IS A, PUBLIC DOCU ENT- A a candidate for a public board or commission, the above information uvill be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocations of appointment and removal from the appointive position.; 486 WHATCOM COUNTY AcoCo` PUBLIC WORKS DEPARTMENT Jon Hutchings Director 9SNINI G� TO: The Honorable Jack Louws, County Executive THROUGH: Jon Hutchings, Director FROM: Gary S. Stoyka, Natural Resources Manager Austin Rose, Planner I NATURAL RESOURCES 322 N. Commercial Street, Suite 110 Bellingham, WA 98225 Telephone: (360) 778-6230 FAX: (360) 778-6231 www.whatcomcounty.us RE: Marine Resources Committee appointment recommendations DATE: January 13, 2017 There are currently three vacancies on the Marine Resources Committee (MRC). Applicant positions include one citizen with relevant Scientific interest and two citizens with Conservation/Environmental interest. The Executive's office forwarded three applications for the MRC to review which included: one application from Elizabeth Kilanowski to fulfill a second term in a Scientific interest position, one application from Doug Stark to fulfill a second term in a Conservation/Environmental interest position, and one application from Christine Woodward in which a position was not stated. A recommendation was requested from the Executive's Office for the most appropriate applicants on file for the open positions. The entire MRC reviewed the above mentioned applications in addition to recent applications kept on MRC files to choose appropriate candidates to recommend for the open positions. The MRC recommends the appointments of Elizabeth Kilanowski to continue to represent a Scientific interest to the MRC and Doug Stark to continue to represent a Conservation/Environmental interest to the MRC. In addition, the MRC recommends the appointment of Christine Woodward to represent a Conservation/Environmental interest to the MRC. Ms. Kilanowski and Mr. Stark have been invaluable members to the MRC since 2013. Their commitment to education and outreach, monitoring projects, and policy recommendations are important assets to the committee. Ms. Woodward has a wealth of experience with the Northwest Straits Initiative including participation on the Skagit County MRC and the Northwest Straits Commission whom oversee the MRC's. Her knowledge of MRC history and experience in the role of Chair of the Northwest Straits Commission will be very supportive to the function of the Whatcom MRC. If you have any questions regarding this recommendation, please contact Austin Rose at extension 6286. ma Board and Commission Application Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT.' As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Elizabeth Last Name Kilanowski Date 12/9/2016 Street Address 2621 S. Harbor Loop Dr. City Bellingham Zip 98225 Do you live in & are you Yes registered to vote in Whatcom County? Do you have a different YES mailing address? Mailing Address PO Box 1134 Bellingham, WA 98227 Primary Telephone (360) 527-6471 Secondary Telephone Field not completed. Email Address kilaruba a co pp er.net 1. Name of Board or Marine Resource Committee Committee 2. Do you meet the Yes residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district District 2 do you live in? EM 4. Are you a US citizen? Yes 5. Are you registered to Yes vote in Whatcom County? 6. Have you ever been a Yes member of this Board/Commission? If yes, please list dates: December 9, 2016 February 12, 2013 7. Do you or your spouse No have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume Field not completed. or detailed summary of experience, qualifications, & interest in response to the following questions 8. Please describe your Self employed -scientific consultant. My education includes a occupation (or former bachelor's and master's degree in Geology. Over the years, I occupation if retired), have participated in volunteer work in the County relating to qualifications, water issues (both marine and freshwater) and land professional and/or stewardship activities. community activities, and education 9. Please describe why I have served on the MRC for one term and wish to continue you're interested in for another as I believe the committee serves an important role serving on this board or in the protection and restoration of the marine waters of commission Whatcom County. References (please Sue Blake (360 778-5812) Rebecca Rettmer (360 758-7997) include daytime telephone number): Signature of applicant: Elizabeth Kilanowski Place Signed / Submitted Lummi Island, WA awe ZP�� ca4y P gsHIN��� Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate fora public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Last Name Date Street Address City Zip Do you live in & are you registered to vote in Whatcom County? Do you have a different mailing address? Primary Telephone Secondary Telephone Email Address 1. Name of Board or Committee 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? 4. Are you a US citizen? 5. Are you registered to vote in Whatcom County? Doug Stark 1 /5/2017 2813 Birchwood Ave Bellingham 98225 Yes Field not completed. 360 815-7490 Field not completed. starkdnaC7gmail.com Marine Resource Committee Yes District 2 Yes Yes E'1 6. Have you ever been a member of Yes this Board/Commission? If yes, please list dates: Nov 2010-present 7. Do you or your spouse have a No financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed Field not completed. summary of experience, qualifications, & interest in response to the following questions 8. Please describe your occupation (or I work to enrich the connections of community members with their local waters and former occupation if retired), Salish Sea ecosystem. With training in marine biology, ecology and science qualifications, professional and/or education, (B.A., Biology, St. Olaf College; M.Ed., Secondary Science Ed., U of Minn.) I have 30 years of experience in these fields. My current focus on reducing community activities, and education stormwater pollution includes educating youth through classroom and field trip activities, delivering messages such as "scoop the poop" to the community, and assisting with monitoring to determine sources. I have led local programs that trained adult volunteers in surveying local shoreline environments, such as in the MRCs clam surveys, and in shoreline education such as volunteer beach naturalist programs 9. Please describe why you're I appreciate the various skills & perspectives the MRC brings together and wish interested in serving on this board or continued service to the MRGs mission of science -based advisory, education & commission restoration. I strive to involve members of the community in activities that aid in the MRC s understanding of various public perspectives and I enjoy collaborating with others to prioritize, develop, execute communication strategies that increase understanding among the public. References (please include daytime Austin Rose, 676-6876; Eleanor Hines, 733-8307; Lisa Kaufman 360-393-6948; telephone number): Emily Johnson, 778-7970 Signature of applicant: Place Signed / Submitted Doug Stark Bellingham, Washington 491 �GpM CO 02 `4kING��2 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Last Name Date Street Address City Zip Do you live in & are you registered to vote in Whatcom County? Do you have a different mailing address? Primary Telephone Secondary Telephone Email Address 1. Name of Board or Committee 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? 4. Are you a US citizen? 5. Are you registered to vote in Whatcom County? Christine Woodward 12/21 /2016 2715 W. Illinois Bellingham 98225 Yes Field not completed. 360-661-6336 Field not completed. cwoodward5893@gmail.com Marine Resource Committee Yes District 1 Yes Yes 492 Have you ever been a member of No this Board/Commission? 7. Do you or your spouse have a No financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed Field not completed. summary of experience, qualifications, & interest in response to the following questions 8. Please describe your occupation Retired Director of Natural Resources for the Samish Indian Nation. Current vice (or former occupation if retired), chair of the Portage Bay Shellfish Protection District. 15 year member of the Skagit qualifications, professional and/or MRC. Former chair of the Northwest Straits Commission. (2 years) Past representative of the Northwest Straits Commission for the Skagit MRC. 1991 community activities, and education Graduate of WWU/Huxley with a Bachelor of Science degree/Environmental Planning and Design. I also was a private contractor for the county for the 2 shellfish protection districts. 9. Please describe why you're Having been a member of the Skagit MRC and a representative of the Northwest interested in serving on this board or Straits Commission. I would like to share my knowledge in a way that supports the Whatcom MRC through my understanding of the MRC history and past chair of the commission Northwest straits Commission whom oversees the MRC's. I have been a resident of Whatcom county since 1989. References (please include daytime Ginny Broadhurst 360-325-3560 Erika Douglas 360-676-6876 Lisa Kaufman 360- telephone number): 393-6948 Signature of applicant: Christine Woodward Place Signed / Submitted Bellingham WA WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. TO: Jack Louws, County Executive FROM: Anne Deacon, Human Services Manager DATE: November 23, 2016 RE: North Sound Behavioral Health Organization (BHO) Appointment Regina A. Delahunt Di rector Greg Stern, M.D. Health Officer We are pleased Dr. R. Michael Massanari has agreed to continue to represent Whatcom County on North Sound BHO's Advisory Board, and ask that you confirm his reappointment. He has been a valuable member of the Behavioral Health Revenue Advisory Committee and of the Integrated Behavioral Health Board, and we are privileged to have Mike represent our county. If you have any questions, please contact me. 509 Girard Street HEALTH 1500 North State Street Bellingham, WA 98225-4005 PUBLIC Bellingham, WA 98225-4551 (360) 676-6724 HEALTHIER WHATCOM �"Fiii (360) 676-4593 FAX (360) 676-6771 www.whatcomcounty.us/health FAX (360) 676-6772 I • I JACK LOUWS County Executive b. s I COUNCILMEMBERS: Barbara E. Brenner Rud Browne Q „ Barry Buchanan ��iG' E stir Todd Donovan Ken Mann 9SFiatv�" l a9 Sat al Sidhu � a p Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOA9 S AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL I'I'irMS Name: R. Michael Massanari MD Date: 11/2/2016 Street Address: 930 Hemlock Loon City: _ Lynden r zip Code: 98264 Mailing Address (if different from street address): Day Telephone: 360 922 0063 Evening Telephone: Cell Phone: 360 941 7321 E-mail address: mmassanari@comcast.net 1. Behavioral Health Advisory Board - member 1. Name of board or committee -please see reverse: 2. Behavioral Health Revenue Advisory Comm. - member 2. You must specify which position you are applying for,/ 3. North Sound Behavioral Health Advisory Board - Please refer to vacaniccy'iist. —member 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) _ _ _I I (N yes ( ) no 4. Which Council district do you live in? - - ( ) One (X Two ( ) Three ( ) Four ( ) Five 5. Are you a US citizen? __ _ _ _ ( yes ( } no 6. Are you registered to vote in Whatcom County? - - - - - - (xj yes ( ) no 7. Have you ever been a member of this Board/Commission? - - (member of all the above) -- ( yes ( ) no If yes, dates: 2014, 2015 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? -- - - - ( ) yes (XJ no If yes, please explain: You may attach a rLsume or detailed summary of experience, qualifications, & interest in response to the following questions. 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. Physician and Professor of Medicine (retired) 10. Please describe why you're interested in serving on this board or commission: Personal concerns for people marginalized with mental illness and substance abuse. References (please include daytime telephone number): Jackie Mitchell - Dept of Health 7786408 Sharon Benton - Pastor, First Congregational Church Bellinqham - 734 3720 Signature of applicant: THIS 15 A PUBLIC DOCUMENT, As a candidate for a public board or the above infor rrr�a` ilgn will be available to the County Council, County Executlive, aind the pugbfl6k_ All board and comaussoon r��oerrnbelr are expected to be faiir, impartiia , and respectful -of the przblsc, County taltf:, and each other, Falilure to ablde by thfese expertat"lo s !id iay result l hn revocatllon of appolintFinent and rannavai from. the ap polinCCive po ilon. 495 JACK LOUWS County Executive r, Y COUNCILMEMBERS: Barbara E. Brenner r„ Rud Browne Barry Buchanan Todd Donovan Ken Mann Satpal Sidhu JACV(i a ;ia Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOW — VATY` GOA DS AND, COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name Street i City: _ Mailing Address (if different from street address): t Day Telephone:: .r Evening Telephone: Cell Phone: t '" E-mail address: � . l (,,4 0 R.5 1. Name of board or committee -please see reverse: ` r vim' a �� ', i ' s- " 2. You must specify which position you are applying for., please refer to vacancy list. M) C y R f -4 V ( 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) -...____._...._____.. - ) yes ( ) no 4. Which Council district do you live in? - - - - - - - - --( ) One ( ) Two ( ) Three O Four O Five 5. Are you a US citizen? _._-..--_._....__ .__._.__ _._.._____.._._...._..__. ___.._.__ ._-._._______... ___-.--..__._..__._._._..(.) yes ( ) no 6. Are you registered to vote in Whatcom County?--_._.__-..______..__..___.____._._.___..____...._..___._..._..___......___) yes ( ) no 7. Have you ever been a member of this Board/Commission? - - -- - - - - - O yes ( ) no �:Jll If yes, dates: Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? - - - -- ---- - -------------- -- If yes, please explain: ) yes ()Q no You may attach a resume or detailed summary of experience, qualifications, &. interest in response to the following questions. 91 Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities. and education. V11. o ._.., .. , _ -- i _ ­ _ . 1,.- 1r References (please include daytime telephone number): Signature of applicant: THIS IS A PUBLIC DOCUMENT: As a candidate for a 1pubfic board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. m•• Captain Richard C Sturgill holds a Bachelor of Social Science Degree from San Diego University and a teaching credential from U. S. International University. Awards for community service include: o 1990- BLAINE BANNER AWARD for outstanding Community Service Man of the Year Award presented by the Ferndale Record Journal for outstanding service to the community (1992 and 1996 - two separate awards) o Blaine Builder Award for significant contributions to the City of Blaine in restoring the Plover ferry, developing the Salishan Neighborhood Association, and serving two terms on the City Parks and Cemetery Board (2006) o 2010 William J. Dittrich Award recipient for dedication to enhancing parks and recreation in Whatcom County. List of community service projects include: 1994- initiated and helped the City of Blaine get federal highway grant funding of $130,000 for bike path at Marine Park o 4.2000-present-Appointed by the Blaine City Council to be a member of the Coast Millennium Trail committee, representing the City"s interests. o 2000-present- initiated letter of agreement between DHM &. Whatcom Co. Parks where DHM would use volunteers that allowed the reopening of the Semiahmoo Park Maritime Museum to the public. o 2001-2004 Appointed by County Executive Pete Kremen to the County Bicycle Advisory Committee. Served on the Port of Bellingham Marina Advisory Committee, two terms. o Plover Project Manager (started the Plover Project in 1988 to restore and put back into service the Plover passenger ferry along her traditional route while raising thousands in donations,1988 — present) i 497 o Drayton Harbor Maritime (founded this 501c3 non-profit initially under the name of Friends of the Plover, a tax-exempt organization, 1988 — present) Plover Dock Reconstruction Project (as Project Manager completed a $750,000 grant -funded project at Semiahmoo which gave a 100 year dock lease to Drayton Harbor Maritime for $1.00, 2004) o interpretive Sign Panel Project at the Plover Dockjongue Point, Semiahmoo (Project Director, 2004 — present) o Northwest Park and Recreation District 2 (Commissioner, 2008 — present) MW JACK LOUWS RECEIVEQCILMEMBERS: G� M CO County Executive j vti Barbara E. Brenner Rud Browne ` DEC 2 -- 2016 Barry Buchanan Todd Donovan O•� R�i Satpal Sidhu Ken Mann sHiN�� COUNTY � EXECUTIVE Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: �� ` �i (�C�L-�C�� �J Date: Street Address: ��o -� G `7 O �> City: -�Illly C__"" Mailing Address (if different from street address): Day Tel ephone:3 'z0Z-' Z 0-1 7 Evening Telephone: 360 E-mail address: Ul%� C� '�, e-i�' � e�� �"a ' 1. 2. 3. 4. 5. 6. 7. 3 Zip Code: Cell Phone:,Si�6'' � Mel Name of board or committee -please see reverse: You must specify which position you are applying for. Please refer to vacancy list. �� 5 Do you meet the residency, employment, and/or affiliation requirements of the position for which you're ap lying? (If applicable, please refer to vacancy list.) - ---___.______..._._._.______.___...____.__....___.___.___.....___._._._._ ( yes ( ) no Which Council district do you live in? --------- - ------------ -- --- ( ) One ( ) Two (' Three ( ) Four ( ) Five Areyou a US citizen? -- ----_.____.______._.___....________------.-----___.....__._..._._._._..._.____._.__.__.___....____.___._____.__ (s ( ) no Are you registered to vote in Whatcom County? - --___._._.____.__.____...._______._.__________.______._.__.__._-._._.__ (s ( ) no Have you ever been a member of this Board/Commission? ------------------------------------------------- ( yes ( ) no If yes, dates: 7un, / ,,'/&/--, Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? - - -- - -- ---- _.________-..._.._____.____.__ ( ) yes If yes, please explain: ( no You may attach a r6sum6 or detailed summary of experience, qualifications, & interest in response to the following questions. 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community �.a fie nd edyacation. � , o / 10. Please describe why you're interest d in serving on this board or com ission: References p ase include daytime.telephone number). Signature of applicant: J THIS IS A PUBLIC DOCUMENT: As a candida for a public board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. o/zo:. R •R Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Susan Last Name McClendon Date 1/10/2017 Street Address 3100 Plymouth Drive City Bellingham Zip 98225 Do you live in & are you registered to vote Yes in Whatcom County? Do you have a different mailing address? Field not completed. Primary Telephone 404-219-6744 Secondary Telephone 360-756-2140 Email Address 1. Name of Board or Committee 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? 4. Are you a US citizen? 5. Are you registered to vote in Whatcom County? 6. Have you ever been a member of this Board/Commission? JAN 10 2017 JACK L .O UVVS COUNTY EXECUTIVE susan.mcclendon(a amail.com Parks and Recreation Commission Yes District 2 Yes Yes ZR 500 7. Do you or your spouse have a financial No interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed Field not completed. summary of experience, qualifications, & interest in response to the following questions 8. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education 9. Please describe why you're interested in serving on this board or commission 40 years as architect and construction specification writer. Familiarity with building design, building codes, energy codes, zoning codes, building construction, urban design, accessibility design, energy conservation in construction. Interest in landscape design, natural landscapes, access to natural features, community and small scale agriculture, small scale energy, aging in place and other elder issues. I'm retired and it's time to give back. References (please include daytime Natalie McClendon (sister), 360-319-8287, member of Planning Commission telephone number): Signature of applicant: Susan McClendon Place Signed / Submitted Bellingham, WA 501 P�GOM COG IN Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Last Name Date Street Address City Zip Do you live in & are you registered to vote in Whatcom County? Do you have a different mailing address? Primary Telephone Secondary Telephone Email Address 1. Name of Board or Committee 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? 4. Are you a US citizen? 5. Are you registered to vote in Whatcom County? Keith Glading 12/14/2016 1905 Province Road Point Roberts 98281-9522 Yes Field not completed. 360-524-2145 360-945-3436 t a COUNIPYL� kolading(,d)alumni.uvic.ca Point Roberts Community Advisory Committee Yes District 5 Yes Yes 502 6. Have you ever been a member of Yes this Board/Commission? If yes, please list dates: Feb 2015-present 7. Do you or your spouse have a No financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed Field not completed. summary of experience, qualifications, & interest in response to the following questions 8. Please describe your occupation (or Retired from US Navy, Eli Lilly and Company, and freelance Computer Analyst former occupation if retired), qualifications, professional and/or community activities, and education 9. Please describe why you're I have been a member and wish to continue serving. That said, if I am selected and interested in serving on this board or Steve Wolff is not a member of the PRCAC in another position, please select him for this position and I will wait for another opportunity to present itself. commission References (please include daytime All current Members of the PRCAC, Steve and Suzanne Wolff 360.945.0418 telephone number): Signature of applicant: Keith E. Glading Place Signed / Submitted Point Roberts, WA 14131 uounty �<ecutive ",I V " Ljparoara E Brenner Satpal 9dhu Barry Buchanan \ At"AALjiM, JUN 2 0 20116 Rud Browne Todd Donovan Ken Mann I N JACK LOUWS Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM CO29-HMMA&i SlY&MISSIONS Name: Street Addrescs City: Mailing Address (if dif Day Telephone: C E-mail address: sto cul � nt from street address), Evening Telephone. - tlkDate: Zip Code: A4*11 Phone: Narne of board or committee-pillease see reverse: 2. 1 Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy l5st.) (,//yes. ( ) no 4., Which Council district do you live in? ()One ()Two Three 5, Are you a LIS citizen? ayes no 6. Are you registered to vote in Whatcom County? yes ) 7no I. Have you ever been a mernber of this Board/Commission? yes (V� If yes, dates: 8, Do you, or your spouse have a financiainterest in or are you an employee or officer of any business or agency that does business vvith Whatcorn County? Yes mj/no if yes, please explain 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education.. 1.0, Please describe why you're interested in serving on this board or comm� ission: t &C c References (please include daytime telephone number): ri 1711 Signature of applicant: _1_71L.' 'a 'AFWW 504 I are interested in serving on PHA B because I think the board serves an important function in our community, I have worked in Community Health Clinic and Emergency Department in last 16 years, all of my career. Because of the nature of my work, I have felt,the need of my patients first hand. I believe that everyone should have opportunities, and we as society do better when everyone's basic needs are rnet. Only then, can we live above the bottorn of Maslow's hierarchy, and fully express our potential- Only then, are we able to positively contribute to our society. l have spent last 16 years working with the underserved patient population. Although it has been reiivarding, ! would like to change my focus and direct my attention to working with organizations that can affect bigger changes in our community. I viould greatly appreciate an opportunity to work with Public Health Advisory Board, It would be an honor to be a. member of this board. Thank you for this opportunity to write to you. 505 JACK I.(3iJWS COUNCILME ERS: County Executive RECEIVE E Barbara E. Brenner Rud Bromine Barry Buchanan JA N 12 [017 Todd Donovan zy� .../,� Ken Mann ��ri anr6' 01 ���„, Satpal Sndhu I_ o U Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM CO _0' ° ECUTIVE s G..r•;.:�i.. i....I a ; _�.... ..,::)5_( and C.C.. i . ._..._ (. ALL _. i, 7`AI.J Name I 'i Date: 9 t a 1 ! 1i,:� Street Address: bkcr eA City: 96 P-`\ )Y-\ iaIA arv� Zip Code: Ci QJa a 9 Mailing Address (if different from street address): Day Telephone: 3uo — a !i q�trj Evening Telephone: Phone: 3l9 +?I E-mail address: RamWc)tp(aw is Wq re614. Cell 1. Name of board or committee -please see; reverse: ,d - 9L�®tom.. 4A>ec�.Sk\i@ A ��%&®r� oQ 2. 3 Y 't`, .5:7, i,' vfhich ;uo iii,(wn •y')u .aft,, aipplying for. 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) (K yes ( ) no 4. Which Council district do you live in? i>4 One ( ) Two ( ) Three ( ) Four ( ) Five 5. Are you a US citizen? (; es ( ) no 6. Are you registered to vote in Whatcom County? (>6es ( ) no 7. Have you ever been a member of this Board/Commission? f yes () no If yes, dates: 9.Qk% -- ?r-�'e.nk 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes (�,} no If yes, please explain: ., .�i;E k-t 7�'� .>tC ')l� s.s�f,.i ?'d 7iu?d?C":Xd,rwtin �5�;: 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. 4 Q 506 C0YN4tYetX0_ " 10. Please describe why you're interested in serving on this board or commission: References (please include daytime telephone number): Signature of appl ?feet( C -Gn IFHQI`,�-')i 'I'V3 A Ps,J' X., ik� 0.3�r,!I; NIIMte� ?j PZ*."U.MK,' 0�ua.�i U {,16- I �Ri 0 etvdive, aoe:", tho'5." put"b"I""'Ic. A-fl, il a b e tc, --w -�f t,"he pa, Ic -,,id each ovher, FaU-u�r to abi;de Y �b,-� qbe faqr nd T, e,,F,peczed hmpar-oai, &4 i U— t f County staff, ap appagabrn-an't ound reimnoval din om the, aPPGJNr)t1-.,1?, If you are applying for one of the following boards, committees, or commissions, please send this application to the Whatcom County Executive's Office.- 311 Grand Avenue, Suite 108 Bellingham, Washington 98225 Phone: -( -78-5200 Fax: x : ('-bL)-ZZ8-520 • Agricultural Advisory Committee • Americans with Disabilities Act (ADA) Compliance Committee • Behavioral Health Advisory Board • Bell ingham-Whatcom County Commission Against Domestic Violence • Bicycle/Pedestrian Advisory Committee • Boundary Review Board • Civil Service Commission • County Appeals Board • Developmental Disabilities Board • Development Standards Technical Advisory Committee • Ethics Commission • Housing Authority of Whatcom County • Housing Advisory Committee • Lodging Tax Advisory Committee • Marine Resource Committee • North Sound Mental Health Administration • Northwest Senior Services Board • Parks and Recreation Commission • Point Roberts Community Advisory Committee 076N—ic H—eaNTAtViso—r-y-oar d-) •rurchase of Deveropmenr7fights Oversight Committee • Rural Library Board * Salary Commission * Veteran's Advisory Board If you are applying for one of the following boards, committees, or commissions, please send this application to. the Whatcom County Council Office: 311 Grand Avenue, Suite 105 Bellingham, Washington 98225 507 Vita: Ray Wolpow Page 1 of 12 ow • r9, 922 3811 Street Bellingham, Washington 98229 Ray.Wolpow@wwu.edu Winter 2017 Vita Education Pennsylvania State University School of Education Major: Curriculum and Instruction University Park, Pennsylvania Minor: Language and Literacy University of Washington Seattle, Washington Teachers College Columbia University Wagner College Staten Island, New York Graduate Business Studies Major: Special Education Minor: Reading Major: Elementary Education Minor: Music Education Ph.D. 1995 1981 - 2 M.A. 1975 B.A. 1973 Honors and Awards for Research, Teaching and Curriculum Development RAY WOLPOW INSTITUTE FOR THE STUDY OF THE HOLOCAUST, GENOCIDE AND CRIMES AGAINST HUMANITY — This institute bears my name in recognition of the scholarship, teaching and service I performed at Western in thiSarea of study. PROFESSOR EMERITUS: Western Washington University, Bellingham, Washington, June 2014 POST -DOCTORAL FELLOWSHIP: Eighth Summer Institute on the Holocaust and Jewish Civilization, Northwestern University, Evanston, Illinois. June 22- July 3, 2003 WESTERN WASHINGTON UNIVERSITY EXCELLENCE IN TEACHING AWARD: June 12, 1999 DIRECTOR, NATIONAL ENDOWMENT FOR THE HUMANITIES FOCUS GRANT: Holocaust and Genocide Studies Reconsidered. Grades 4-12 JULY, 1 1999 FIRST PRIZE FOR RESEARCH IN BEHAVIORAL AND SOCIAL SCIENCES: Qualitative Study of Holocaust Education. The Pennsylvania State University Graduate Research Exhibition, University Park, Pennsylvania. March 30, 1994. LUMMI CERTIFICATE OF APPRECIATION: Lummi Tribal Council, Lummi Nation, Bellingham, Washington. "In recognition of your outstanding educational service to our Lummi children... and your efforts to improve our education." September 23, 1992. CHRISTA MCAULIFFE AWARD FOR EXCELLENCE IN EDUCATION: Superintendent of Public Instruction, State of Washington. "in recognition and gratitude for exceptional leadership, contributions and commitment to education." May 8, 1991. Vita: Ray Wolpow Page 2 of 12 CERTIFICATE OF RECOGNITION: Washington State Association for Supervision and Curriculum Development. For the contribution of quality educational practice which enhances the growth and development of educators and students in the State of Washington." November 1, 1990. September 1994-June 2014 PROFESSOR OF SECONDARY EDUCATION Western Washington University, Bellingham, Washington 98225 Sec 410: Dynamics of Teaching: Teacher as Actor, Reader, Writer and Listener. Sec 510: Teacher and Communicator Sec 425: Developmental Reading, Writing and Learning in Secondary School. Sec 525: Reading, Writing and Communication in the Secondary School Sec 495, Intern Supervision Sec 417: Holocaust/Genocide Studies for Today's Educator: History, Literature, Pedagogy, Remembrance and Healing. SEC EDU 417T, Trauma, Resiliency and Learning. SEC 534 Management, Motivation and Discipline. Department Chair, 2003- 2007, 2010- 2012 September 1982 - 1993 READING/HISTORY/STUDY SKILLS TEACHER Ferndale High School Ferndale, Washington Teacher of reading, social studies and study skills classes. Curriculum Committees: K-12 Reading and Language Arts Revision, K-12 Social Studies Revision, K-6 Essential , and K-8 Study Skills Task Force and Grant Writing: Superintendent's Secondary Problem Solving Task Force, Employee Assistance Program Formulation Task Force, National and State Excellence Award Writer Group. Building Level Positions: Coordinator of nationally recognized "Reading/Study Skills Across the Curriculum Program, Mentor Teacher in Beginning Teacher Assistance Program, Counselor P.A.S.S. migrant education program, Coordinator: Ferndale Intergenerational Literacy Program, Building Representative Ferndale Education Association. October 1985-1993 ADJUNCT INSTRUCTOR Department of Curriculum and Instruction Western Washington University Bellingham, Washington Instruction of four 400 level courses: EDCI 481, Developmental Reading in the Secondary School, EDCI 484, Reading in the Content Areas, EDCI 445y Reading and Study Skills for Content Area Teachers, and EDCI 445z, Reading Comprehension: A Thinking Skills Approach. Course and instruction consistently rated in the top two percentiles on confidential student evaluations. August 1993-May 1994 GRADUATE ASSISTANT Department of Curriculum and Instruction Pennsylvania State University University Park, Pennsylvania Instruction of four sections of Social Studies in Elementary Education 430W, a writing intensive social studies methods course. 509 Vita: Ray Wolpow Page 3 of 12 July 1981-August 1982 EDUCATIONAL CONSULTANT Readwrite Educational Programs Inc. San Diego, California Northwestern coordinator for staff hiring, training, and evaluation. Development of commercial educational programs and instructional packages. Extensive public speaking, copy writing and travel for promotional purposes. September 1980 -June 1981 REMEDIAL READING AND MATH TEACHER Eli Whitney Vocational High School Brooklyn, New York Design and instruction of remedial reading, writing, and computing programs for illiterate minority youth in an inner-city vocational high school. September 1979 -August 1980 LEARNING RESOURCE TEACHER St. William Elementary School Los Altos, California Diagnosis and prescriptive remediation of mildly learning -disabled children in a parochial school setting. Resource Teacher, grades K-8, Parent and teacher counseling. August 1976 -July 1979 TRAINING DIRECTOR Adventures in Reading Inc. San Jose, California Development of commercial educational programs and instructional packages. Staff hiring and training, extensive public speaking, copy writing and travel for promotional purposes. August 1975 -June 1976 LEARNING RESOURCE TEACHER Supai Elementary School Scottsdale Unified School District Scottsdale, Arizona Resource teacher grades 4-8, learning -disabled, mentally retarded, behaviorally handicapped. Psychometric testing, writing and implementation of individualized educational programs. September 1973 -August 1974 DIRECTOR OF MUSIC THERAPY Willowbrook State School Staten Island, New York Design and implementation of music therapy programs for 120 profoundly and severely multi - handicapped residents. Ongoing supervision of four therapists. 510 Vita: Ray Wolpow Page 4 of 12 Chair, Department of Secondary Education (Fall '03 to Spring 2007; Summer 2010 — Spring 2012). Oversight of K-12 secondary teacher certification programs for 225 undergraduate, post- bac and graduate students in Bellingham and Seattle and supervision of faculty and staff at both sites. Representative for department for the Woodring Leadership Council. Director, Northwest Center for Holocaust, Genocide and Ethnocide Education (NWCHGEE) Established in 1998 in response to state legislation: chapter 28a.300 RCW, HB2212: "Every public high school is encouraged to include in its curriculum, instruction on the events of the period in modern world history known as the Holocaust, during which six million Jews and millions of non -Jews were exterminated. The instruction may also include other examples from both ancient and modern history where subcultures or large human populations have been eradicated by the acts of mankind. The studying of this material is a reaffirmation of the commitment of free peoples never again to permit such occurrences...." Since the inception of the (NWCHE) in 1998, tens of thousands have accessed information from its website Education www.wce.wwu.edu/nwche. This website contains an anecdotal bibliography with links to hundreds of Holocaust Education resources as well as the original scholarship of nearly a dozen WWU students. The NWCHGEE sponsors speakers each quarter. For example, last year, more than 1,500 students and community members attended lectures by Holocaust survivor and award - winning teacher Noemi Ban. Committee Work: (College and University) Chair, Helen M. "Toots" Bengtson-Keiper Scholarship Committee (2010- present), Teacher Curricula and Certification Council (2003- 2009, 2010-2012), Associate Dean Search Committee (2012) Emergency Management Committee (2006 — 2009, 2011-2013), Standards for Alternative Education Committee (2010-2011), . Ongoing curricular alignment with Music Education (2011- present). Faculty Senate ( 2006 — 2007) (2000 — 2002), Senate Library Committee (1998-2000), University -wide Ending Violence Against Women Grant Advisory Committee (2003-2004), Woodring Curriculum Council (chair 1999-2000), Woodring Tenure and Promotion Committee (2000-2002) the Steering Committee for the Center for Educational Pluralism (1998-2002), the Library Acquisitions Task Force, the Research and Development Committee, the Assessment Task Force, the Educational Reform Conference Planning Committee, the P.E.A.B. Advisory Committee for Assessment of Reading and five successful professor candidate screening committees Member Thesis Committees: Candidate: Deborah Kellner, Title: Creating a mosaic within -time and space: The role of trauma in identity, literacy and life. University of Cincinnati, Awarded Ph.D. 2007 Candidate: Mary Wilson Title: Compassionate school model: Creating trauma sensitive schools Pacific Lutheran University, Awarded Ph.D. 2012 Candidate: Amy Hockenberry: Title: Adolescent Substance Use —The Relationship of Adverse Childhood Events and Protective Factors on the Prevalence of 30-day Use. University of Alaska, Anchorage, Master's Degree, pending Member of Woodring Research Fellows WWU Writing Research Fellow 2010 — 2011 Woodring Multicultural Fellow 2009 - 2010 511 Vita: Ray Wolpow Page 5 of 12 External evaluator, Manson School District, 1996- 2009 In-service provider on Trauma, Vicarious Trauma, and Self -Care Numerous school districts including: Leavenworth School District, Leavenworth Seattle Interagency School, Seattle; Spanaway Elementary, Spanaway; Vista Middle School, Ferndale; Mount Baker Middle School and Acme Elementary School, Mount Baker School District Manitou Elementary Schools, Tacoma, Concrete School District, Concrete ESD 189, Anacortes NCESD - Wenatchee Educational Organizations Advisory Board Member, Washington State Holocaust Resource Center (2004- present) Board Member, American Reading Forum (1998-2001) Board Member, Washington State Holocaust Resource Center (2001- 2003) Board Member, Western Washington University Hillel (1999-2001) Chair, Call to Forum Committee, American Reading Forum, (1999- 2003) Community Service: Whatcom County Public Health Advisory Board, (2012 — present) Board Member, Congregation Beth Israel Synagogue (2004 - 2007) 512 Vita: Ray Wolpow Page 6 of 12 Scholarship Juried Books and Journals, Solicited Chapters and Reviews Wolpow, R. (2012). "What is to give light must endure burning:" Fostering compassion and addressing vicarious trauma amidst the unspeakable. Trauma and Learning in Post - Secondary Education: Conference Journal, 1, 93-110 Bault, J., Wolpow, R. & Werder, C. (Fall, 2011) A co -inquiry into what matters most in written reflections: Helping students integrate cognition and affect. Journal of Educational Practices, 9(2), 72-83. Kincaid, S. 0., & Wolpow, R., (2011) Effects of traumatic events on children and impact on those who work with them: Coordinating school -based programs to process trauma and improve academic success. Washington Kappan 5(1),35-39. May be retrieved at htt .Ilwarsc. files. wordpress. com/2011l0?lvva-ka an- ournal ul+ -2QII �ILppdf Kincaid, S.O. & Wolpow, R. (2010). Kindness, kith, kin, compassion, and community: A response model connecting human services and education to address trauma. Human Services Today, 7(1) May be retrieved at htt .-//hst.coehs.uwosh,edu/ Wolpow, R. (2009, Fall). Through the dead of night: Lessons in trauma and resiliency from child survivors of the Shoah. Prism: An Interdisciplinary Journal for Holocaust Educators 1,(1). 89-95. Wolpow, R., Johnson, M., Hertel, R. & Kincaid, S. (2009). The heart of learning and teaching: Compassion, resiliency and academic success. Olympia, WA: Office of the Superintendent of Public Instruction. Wolpow, R. & Askov, E. (2007) The Role of literacy in tilting the balance from vulnerability and high -risk behaviors to resiliency and sustainable behaviors. American Reading Forum On-line Yearbook. Wolpow, R. (2006-2007) Lessons from Holocaust survivors for those who teach developmental literacy and learning. Journal of College Literacy and Learning, 34, 1-20.Wolpow, R & Hanrahan, B. (2007). From sympathy to empathy to action: The restorative and transformative potential of Holocaust education. In N. Kraemer (Ed.), Civil Courage: Else this were a savage spectacle. Montreal: Vehicule Press. Wolpow, R. & Tonjes, M. (2006). Integrated Content Literacy, 5th edition. Dubuque, Iowa: Kendall/Hunt. McClanahan, L., Baughn, S. and Wolpow, R. (2005). Two birds -one stone: Helping pre -service teachers connect reading and writing while learning to demonstrate reflective practice. In B. Schlagal & Trathen, W. (Eds.),Literacy: What is the next big thing? Yearbook of the American Reading Forum, 25. Appalachian State University. May be may be retrieved from htto://vi1yvw.americgnreadin forum.or /q_.05m earbook/volume05.htm#,McClanahan Wolpow, R., & Askov, N. (2004). Family literacy in the context of welfare reform. American Reading Forum On-line Yearbook, 24. May be retrieved from httr�:i/r rv�fi�.a rig nr di c�rt.mom/0"I. g_gk/htrnl/Wolpow rev Q4 him 513 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 CGOM COG IN To: Whatcom County Council memb s From: Jack Louws, County Executiv Subject: Salary Commission — appointment of alternate Date: January 13, 2017 Jack Loms County Executive Last Fall, the County Council confirmed my appointments to the Salary Commission for members who are commencing new terms as of January 1, 2017. The Salary Commission will be commencing their work soon, however we just received notice that one of the members has stepped down due to work conflicts. This now opens up one position on the commission. The County Auditor, in the early process of selecting candidates by random draw, designated one alternate position as backup in the event the situation arose that a commission member stepped down. Since this is now the case, I am appointing Ms. Diana Schmidt, who was the named alternate on the Auditor's list. Ms. Schmidt has agreed to serve on the commission and has submitted an application, which is attached. Please confirm this appointment at your next meeting so that Ms. Schmidt may join the commission in their work. Thank you. 514 Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 BOOM COO �QNING4 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT.' As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Diana Last Name Schmidt Date 1/13/2017 Street Address 2233 Sweetbay Drive City Bellingham Zip 98229 Do you live in & are you registered to vote Yes in Whatcom County? Do you have a different mailing address? Field not completed. Primary Telephone 360-441-2889 Secondary Telephone Field not completed. Email Address dianas73Ca%comcast.net 1. Name of Board or Committee Salary Commission 2. Do you meet the residency, Yes employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? District 1 4. Are you a US citizen? Yes 5. Are you registered to vote in Whatcom Yes County? 6. Have you ever been a member of this No Board/Commission? 515 7. Do you or your spouse have a financial No interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions 8. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education 9. Please describe why you're interested in serving on this board or commission References (please include daytime telephone number): Signature of applicant: Place Signed / Submitted Field not completed. For the past six years I was a part time cashier for Target. Prior to that I was the event coordinator for Lairmont Manor for five years. I really enjoyed both positions as I enjoy working with people. I only have a high school education but have taken many professional courses such as real estate which I did for 14 years in Hawaii, Wisconsin and in Washington. I don't have much experience in the political arena but am willing to do whatever research is needed to make informed decisions. When I first heard of this position I found myself eager to be involved but I really can't say why. Something about doing something for my community was my first thought. Tamara Dobson 360-441-0327 Ann Lund 360-676-4593 Diana L. Schmidt Bellingham, WA 516 �p0M co a ti 1 Board and Commission Application Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT.* As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Lisa Last Name Brown Date 2/8/2016 Street Address 4708 Raptor Lane City Bellingham Zip 98229 Do you have a different Field not completed. mailing address? Primary Telephone 3607567995 Secondary Telephone 3602235296 Email Address lisamk3na.mac.com 1. Name of Board or Veteran's Advisory Board Committee 2. Do you meet the residency, Yes employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district Field not completed. do you live in? 4. Are you a US citizen? Yes 517 5. Are you registered to vote in Whatcom County? 6. Have you ever been a member of this Board/Commission? If yes, please list dates: 7. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions Yes Yes Jan 2009-Apr 2013 No Brown Resume 2016.pdf 8. Please describe your I am a retired Doctor of Public Health from the USAF and as a civilian occupation (or former at the Naval Hospital Oak Harbor. My career focused on the occupation if retired), prevention of exposure and effects from occupational hazards in the qualifications, military. I am also a member of the North West Clean Air Agency professional and/or Advisory Board, member of the Harborside Lions Club, volunteer at community activities, and Cornwall Church, and DAV service officer. education 9. Please describe why My desire is to continue supporting veterans in Whatcom County you're interested in through providing input on services and education. After almost four serving on this board or years serving as the secretary of the veterans advisory board (VAB), I commission took a full time job at the Naval Hospital Oak Harbor so had to resign from the VAB in early 2013. Currently I am medically retired but desire to continue serving the veteran population in Whatcom County by sharing my expertise in programs, Public Health, and research to the Veterans Advisory Board. References (please Gary Lysne (425) 941-6213 Christopher Brown (425) 306-2571 include daytime telephone number): Signature of applicant: Lisa Marie Kirk Brown Place Signed / Submitted Bellingham, Washington 518 LISA M. KIRK BROWN, Dr.P.H. 4708 Raptor Lane, Bellingham, Washington 98229 360.223.5296 I lisakirkbrown@gmail.com EDUCATION 1999-2003 UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES Bethesda, MD Doctor of Public Health • Awarded full five-year academic scholarship and stipend for Environmental Health research and study. • Awarded three-year research grant to plan and implement the first U.S. Army prospective epidemiologic investigation testing chemical warfare and radiological agent biological assessment methods during deployment. • Developed new DOD and U.S. Centers for Disease Control and Prevention depleted uranium and chemical warfare agent exposure assessment policies for deployed DOD personnel. • Recipient of "Outstanding Teaching Assistant and Lecturer" award, selected by students. • Commencement speaker; selected by Dean of Graduate School. • Upon graduation, appointed Adjunct Professor in the Department of Preventive Medicine and Biometrics. 2000 OAK RIDGE ASSOCIATED UNIVERSITIES Edgewood, MD Graduate Fellow, U.S. Department of Energy (concurrent with USUHS research) • Developed and published unique risk based wipe surface screening levels for chemical warfare agents in industrial scenarios; methodology used to assess exposures to lead following the Pentagon aircraft crash on 9-11. 1986-1990 UNITED STATES AIR FORCE ACADEMY Colorado Springs, CO Bachelor of Science in Civil Engineering; Minors in French and Physical Education • Superintendent's, Dean's, Commandant's List; total of nine semesters. • Awarded Outstanding Senior Academic, Civil Engineering 463 Course. • "Operation Civil Engineering" Participant at U.S. SPACE COMMAND, selected by Professors. • Appointed as "First Sergeant" for Cadet Squadron 36, selected by Commander. • Upon graduation, certified "Engineer in Training" by Colorado Board of Professional Engineers and Surveyors. PROFESSIONAL HONORS • Civilian Meritorious Service Medal, December 2013. • Senior Civilian of the Quarter by the Naval Hospital Oak Harbor for the 15C Quarter 2012, cash award. • Active security clearances: Top Secret, SCI (1995-Present); National Security Agency (2005-Present). • Outstanding Unit Award by the Governor of Maryland, Oct 2006. • Joint Service Achievement Medal for efforts in Medical Intelligence and Bio-threat Assessment, Feb 2006. • Governor's Citation for exceptional service to the State of Maryland, Sep 2005. • Defense Meritorious Service Medal, Mar 2004. • National Defense Medal, 2nd Oak Leaf Cluster, Apr 1991 and Feb 2003. • White House Fellows National Finalist, Apr 2003 (www.whitchouse. ov/fellows/news/2030430.html). • U.S. Air Force Achievement Medal, May 1999. • U.S. Air Force Commendation Medal, 2nd Oak Leaf Cluster, Aug 1994 and Mar 1996. • U.S. Environmental Protection Agency Ozone Depleting Protection Award, Dec 1995. • General Thomas D. White Environmental Quality Award, Dec 1993. • Company Grade Officer of the Quarter, I" Quarter at Hill Air Force Base, Apr 1991. PROFESSIONAL EXPERIENCE 11/15-Present ACHIEVE WELL BEING Bellingham, WA Motivational Speaker • Developed unique model to motivate disabled veterans, those with chronic illness, and their caregivers to achieve well being. Creating 24 installment, year long video blog outlining the steps necessary to achieve well being. • Provided educational seminars to support groups and community partners on the steps to achieve well being. • Authoring e-book to be provided in early 2017 free of charge to disabled veterans, those with chronic illness, and their caregivers. 08/11 —12/13 US NAVAL HOSPITAL OAK HARBOR Oak Harbor, WA Industrial Hygienist • Conducted exposure assessments for over 500 industrial work sites on the Naval Air Station Whidbey Island (NASWI) for chemical, physical, and biological hazards including all data entry into the Defense Occupational and 519 Environmental Health Readiness System -Industrial Hygiene (DOEHRS-IH) Program. • Determined Navy military and civilian medical surveillance requirements for exposure assessment data. • Conducted statistical analyses of over 50 similar exposure groups to determine trends and describe variability. Served as template for all of NASWL • Conducted over 100 Indoor Air Quality, Mold, Asbestos, Swipe Sampling, and Carbon Dioxide Assessments. • Presented heavy metal dust swipe sampling study to the North West Occupational Health Conference in Oct 2012. • Servers as one ofNQSWI Certif, d Asbestos Building lncne&Qrc. -a ----r • Appointed to serve as a member of the North West Clean Air Agency Advisory Board. • Continued serving as Secretary of the Whatcom County Veterans Advisory Board and Service Officer for the Disabled American Veterans. • Selected as civilian member of the Naval Hospital Oak Harbor Executive Steering Committee determining strategic direction for the command. • Co-authored Pulmonary Biomarker book chapter with the Army Public Health Command Environmental Epidemiology Office. • Provided critical review of the Swipe Sampling Operation Ranch Hand Aircraft Study for Dr. Pete Lurker. • Adjunct Professor at Western Washington University and the Uniformed Services University of the Health Sciences. • Lieutenant Colonel in Maryland Air National Guard serving as Principle Subject Matter Expert for all CBRN matters under the Director of Intelligence for the State of Maryland, retired May 2012. 12/09 — 07/13 PINK TO CAMOUFLAGE (P2C, EIN9 27-15571401 Bellingham, WA Chief Executive Officer and Sole Proprietor • Created business to provide consulting services to federal, state, local governments as well as private sector companies and academia that protect and promote veterans health using science and technology developments, health education materials, writing and public speaking. a • A, �wn3 vim_'r' 1 s..._ • initial c-rr'-a a by -v Jol Hopkins UUive siLy in Febi v r to vv . e op bioscierivee bUsineess strategy. ...G. vv++.. 4t awarded U • Volunteer member of the Whatcom County Veteran's Advisory Board, a county comprised of 10% veterans. • Volunteer to Washington State Veteran's Administration for health promotion of returning veterans and specific women veteran's health issues. • Volunteer to Disabled Ainrerican Veterans to serve disabled or chronically ill women veterans. • Adjunct Professor at Western Washington University and the Uniformed Services University of the Health Sciences. • Lieutenant Colonel in Maryland Air National Guard serving as Principle Subject Matter Expert for all CBRN matters under the Director of Intelligence for the State of Maryland. 10/08 —12/09 WESTERN WASHINGTON UNIVERSITY Bellingham, WA Executive Director, Critical Junctures Institute and Adjunct Professor, Huxley College of the Environment • Led the Critical Junctures Institute, a new venture of the Western Washington University and St Joseph Hospital aimed at social network analysis and chronic disease prevention - formalized all aspects of strategic development and administration (infrastructure, processes, and staffing). • Adjunct Professor in the Western Washington University Huxley College of the Environment. • Volunteer Epidemiologist at Whatcom County Health Department assisting in HIN1 influenza epidemiologic surveillance for rapid prevention interventions during outbreak and disease surveillance system design to be used during upcoming Winter Olympic Games in Vancouver, British Columbia — worked with regional epidemiologist to determine correct protocols. • Lieutenant Colonel in Maryland Air National Guard serving as Principle Subject Matter Expert for all CBRN matters under the Director of Intelligence for the State of Maryland. 7/07-10/08 THE. ,iOHNS HOPKINS UNIVERSITY APPLIED PHYSICS LABORATORY Laurel, MD Senior Professional Staff, Research & Technology Development Center • Project Manager for Tactical Biometrics Center and $1M biometrics research program with US Air Force. • Organized and conducted conference for over 50 biometrics technical experts across government and academia for sponsor to assist in solutions for remote identification of individuals. • Served as Milton Eisenhower Research Center Technology Transfer Representative for Intellectual Property & Patents. • Major in the Maryland Air National Guard serving the 1751h Information Operations Squadron. • SuccessfwHy rnrnr.iato.+ A;r Command and Staff College in Air tlnivers't" Maxwell AFB • Adjunct Professor at the Uniformed Services University of the Health Sciences. • Promoted to Bioscience Program Manager and Lieutenant Colonel in the Maryland Air National Guard. 10105 — 05/12 MARYLAND AIR NATIONAL GUARD National Security Agency, MD Lieutenant Colonel, Bio-threat Issues Manager, 175rh Information Operations Squadron Executive Officer, National Guard Bureau Joint Staff Surgeon's Office • Assisted in establishing the first National Guard Bureau Joint Staff Surgeon's Office to include personnel and budget. • Conducted environmental epidemiologic investigations, developed force health protection policies for infectious and environmental disease threats and determined disease impacts for 54 State and Territory National Guard Units responding to Domestic Operations. • Recommended the selection of medical countermeasures and patient tracking systems across National Guard. • Lead team to conduct Bio-threat Decision Based Needs Assessment and to develop a Bio-threat Corporate Strategy. 520 Board and Commission Application � a Application for Appointment to Whatcorn County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT.• As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name Robert Last Name Hines Date 4/4/2016 Street Address 822 11 th Street City Bellingham Zip 98225 Do you have a different Field not completed. mailing address? Primary Telephone 703-395-7196 Secondary Telephone Field not completed. Email Address rjhnyg52(@aol.com 1. Name of Board or Veteran's Advisory Board Committee 2. Do you meet the Yes residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district District 1 do you live in? 4. Are you a US citizen? Yes 5. Are you registered to Yes vote in Whatcom County? 521 6. Have you ever been a member of this Board/Commission? 7. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions 8. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education 9. Please describe why you're interested in serving on this board or commission References (please include daytime telephone number): Signature of applicant: Place Signed / Submitted me No Resume Robert J Hines Apr 2015.pdf 1 served on Active Duty with the US Army Security Agency 1972-1975, US Army Active Reserve 1975-1983. 1 am an active member of the American Legion and Veterans of Foreign Wars. I have spent my entire adult life in Public Service and now that I am semi -retired, I would like to continue serving the interests of our less fortunate veterans. Kenneth Hines 425-941-7221 Robert J Hines Bellingham, WA 522 WHATCOM COUNTY Health Department TO: Jack Louws, County Executive FROM: Elizabeth Harmon -Craig, Veterans Specialist DATE: January 11, 2017 Regina A. Delahunt Director Greg Stern, M.D. Health Officer RE: Nomination for Initial Appointment to the Veterans' Advisory Board Two positions on our Veterans Advisory Board (VAB) are currently vacant due to member resignations. Vietnam veterans filled both of these positions. This office would like to recommend Richard Conoboy and Allan Jensen and for appointment to the VAB to fulfill these vacant positions. Mr. Conoboy comes to us highly recommended from the community and was unanimously approved by the Veterans Advisory Board nomination committee for consideration. He served honorably in Viet Nam and continued his Army career for the next two decades. Mr. Conoboy is engaged on veterans' issues at the national level and is local advocate. He is active on Western Washington University's campus and he is also engaged in both his neighborhood association and the City of Bellingham. Mr. Allan Jensen is a retiree of the City of Bellingham's Police Force where he served as a detective for 37 years. Mr. Jensen also served in the Air Force during Viet Nam and continued his career into the Reserves. Mr. Jensen is the Vice Commander of American Legion Post 7, the largest American Legion post in Whatcom County. In serving on the board, Mr. Jensen can ensure that our local American Legion members' voices are heard. Both Mr. Conoboy and Mr. Jensen bring a breadth of experience and diverse background to our Veterans Advisory Board. Their input will be essential in planning future programs for Whatcom County veterans. Thank you for considering these recommendations for appointment. ENVIRONMENTAL HEALTH 509 Girard Street COMMUNITY HEALTH 1500 North State Street HUMAN SERVICES Bellingham, WA 98225-4005PUBLIC HEALTH CLINICAL SERVICES Bellingham, WA 98225-4551 ADMINISTRATION (360) 676-6724 A?,"efiRls, "Wsr,RIHM , ",'OR AWIFER AND DISEASE RESPONSE (360) 676-4593 FAX (360) 676-7646 HEALTHIER WASHINGTONFAX (360) 676-6523 t- I JACK LOUIIVS C U ILMEMBERS: County Executive ��� C`"c. arbara E. Brenner Satpal Sidhu NOV 13 2015 Barry Buchanan Rud Browne Pete Kremen ��ica 2 C ' Ken Mann COUNTY EXECUTIVE Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRILNT LEGIB1. ( and COMPLETE ALL ITEMS Name: r" 4 6' sa Date: to 3 If2,�j a Street Address Cit'�d=��' Zip Code: y: _ Mailing Address (if different from street address): Day Telephone: Evening Telephone: Cell Phone: E-mail address: 1. Name of board or committee -please see reverse 2. You nnust specify tvlyhgch position aore a ppiy�ng For. iP"ham,o e r`'Glf-ar to var;arncjy '3N,st7, P :' �h'~� 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.) _ __ __ . __ . (Wyes ( ) no 4. Which Council district do you live in? - --- - -) One ( ) Two ( ) Three 5. Are you a US citizen? __. _ __ _._ _ 1 1. . _.. _ _ . __ _ _. _ _ _ _ _ _ _ . _ _ _ . (A' yes ( ) no 6. Are you registered to vote in Whatcom County? - - - - —I 1 - .- - (><) yes ( ) no 7. Have you ever been a member of this Board/Commission? - - - -- - -- ( ) yes (),,) no Q If yes, dates: Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? - If yes, please explain: ( ) yes ("X) no you <'+pa. af.°i.eac,'n } t ...,,.uinr3`d,6 or detailed :at.:,r;`if+...'.ry rjf e ,'peg in .e, t�'..3a flfic.ations, 13i, i te'rest in, response o the. r-:31.. oepfh-1 ^z3,.Sess`.ionis 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. 10. Please describe why you're interested in serving on this board or commission: References (please include daytime telephone number): Signature of applicant: T 4IS'1A PUBLIC O'01CUME-1sNT; As a for a pubis_, board arr cor�rwlssi ., the abWe !N0f0r � atkDra, ��vH UO t9 ;{ 3ii to hr z�(1 7 �h 3�,j 7 ( ?r , dt 9� t9 n ro C3P9 �a a A3i1 b`' rd an caij1'lG"79?lssuan, ii1� R��� :a ar �3s.,CtS to X��, R'd'!d. a3ls� t{ ,;, y ?L act 2 YI j r Fr F <v i t Ss „. v. ou-irity s .r, �� .J 'ems other, a aE �a_ t;, .u, �.btit t � �,� ,'L � ,l'+s i iii.a a `• i 3 r .a, 2; @, :'ri i " 16e�are :a ` pt $' 1aA3i : P si3," 9 ;fi ,3 i1 2 d'>ivi, app f f�� uve, '4J�f)sft;? Iovn., 524 9. Retired federal manager and analyst. BA, John Carroll University MA, Middlebury College - Thirteen years of commissioned service in the US Army. Vietnam Veteran. Former Resource Manager at the Soldiers' and Airmen's Home (Continuous Care Retirement Community) in Washington, DC. Certified Retirement Home Planner (American Association of Homes and Services for the Aging, AAHSA). Ten years with the Defense Prisoner of War -Missing in Action Office as an analyst and resource manager. Former Assistant Professor of French at the United States Military Academy. Re -invention Associate with the National Partnership for Re- inventing Government, Office of the Vice -President of the US. - Member of the Board of Directors, Samish Neighborhood Association and its representative to the Mayor's (Bellingham) Neighborhood Advisory Commission. Member of the Campus Community Coalition. Writer for several Bellingham/Whatcom County news sites and blogs. Former senior volunteer at the Bellingham Police Department, BlockWatch Captain and for several years advisor and panelist at Bellingham high schools for the Seniors' Culminating Projects. Over eight years part-time at WWU to provide crowd control for collegiate sporting events. For several seasons, operated the scoreboard for the WWU Women's Softball Team. 10. 1 view service on the VAB as a natural continuation of my community involvement. The nature and severity of the problems facing our veterans are too great to ignore. As a Vietnam veteran, I have personally seen my veteran friends drink themselves to death or commit suicide while the system failed them. We should be doing as much as we can locally to support all of our veterans, especially those who fall through the rather large holes in our federal safety net. References: Kelli Linville, Mayor of Bellingham (360) 778-8100 Steve Abell, President of the Samish Neighborhood Association (360) 734-1098 525 County Executive Xc'� �av UV CILMEMBERS: er C. arbara E. Brenner Sam Crawford AN 8- 2015 Barry Buchanan Rud Browne �aa 3 Pete Kremen Hi�tra z,.)ACYK ._0 U V4 3 Ken Mann COUNTY EXECUTIVE— Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS Name: ��"�rr.� Date: Street Address: city; Zip Code: 0 Mailing Address (if different from street address): DaYTelephone 4' ` Evening Telephone: ajmIt Cell Phone: �'a m V E-mail address: 1. Name of board or committee -please see reverse: 2. You must specify which position you are applying for. Please refer to vacancy list. 3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? (If applicable, please refer to vacancy list.)____..____..........____._.-__.._._._._._.__.__.__,..._....-__._.____._____...__.-_-_--___. yes ( ) no 4. Which Council district do you live in?--._._._._..._...__._._..__..._._____....___-____...____._.____._...,--.._....___.._-___ Y ( )One ( )Two N,, Three 5. Are you a US citizen?_._._.___.___.___...___.__._--.__..._____.___..____._.._.__..._._.__.__..----..._.....__...___.__._.__...-.-.----____... _ .- - ---- ( yes O no 6. Are you registered to vote in Whatcom County? --- - - - ---_.___.... _.__.___......__.__._.____--___._._._.__._.___.._ ) Yes ( ) no 7. Have you ever been a member of this Board/Commission? ---- ----- -----_.._._____.._.__._..._._._.__._.___._.__.___.. ( ) yes ( no If yes, dates: g. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? -- --_.__._-_._._._.______._..____...-_____.__._____. ( ) yes ( no If yes, please explain: You may attach a r6sum6 or detailed summary of experience, qualifications, & interest in response to the following questions. g. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education.­,,�,, Please describe why you're interested in serving on this board or commission: teferences (please include daytime tele one number):ao ,,i T:;0e" signature of applicant: "HIS IS A PUBLIC DOCUMENT. Ada a ndldate for a public board or commission, the above information will be ivallable to the County Councilf`ounty Executive, and the public. All board and commission members are ;Xpected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these lxpectatlons may result in revocation of appointment and removal from the appointive position. 526