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Home My WebLink AboutPacket Sep 12 2017WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-274 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: C C �( � V E D ATCH U TY Nat. Revources Comm/ Division Head: Dept. Head:, Prosecutor: ' �t Gl c17 Purchasing/Budget: COUNCIL Executive j U TITLE OF DOCM T: Presentation of Ecosystem Report by the Wildlife Advisory Committee ATTACHMENTS: Ecosystem Report 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.) Ordinance 2015-031 instructed staff to convene the Wildlife Advisory Committee. The primary duty of this committee was to develop the initial inventory, characterization, and assessment, which includes an analysis of risk, of existing ecosystem conditions, and to make management recommendations using best available science that will provide appropriate habitat conditions for local species, with an emphasis on biodiversity and healthy ecosystem processes and functions. The Wildlife Advisory Committee is pleased to present the 2017 Whatcom County Ecosystem Report that addresses duties outlined in Ord. 2015-031. COMMITTEE ACTION.• COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum TO: Whatcom County Council Executive Jack Louws FROM: Chris Elder; Planner II THROUGH: Sam Ryan; Director, Planning and Development Services DATE: August 30, 2017 SUBJECT: Ecosystem Report from Wildlife Advisory Committee Dear Whatcom County Councilmembers and Executive Louws J.E. "Sam" Ryan Director The Wildlife Advisory Committee is pleased to present the 2017 Whatcom County Ecosystem Report that addresses duties outlined in Ord. 2015-031. Ordinance 2015-031 instructed staff to convene the Wildlife Advisory Committee. The primary duty of this committee was to develop the initial inventory, characterization, and assessment, which includes an analysis of risk, of existing ecosystem conditions, and to make management recommendations using best available science that will provide appropriate habitat conditions for local species, with an emphasis on biodiversity and healthy ecosystem processes and functions. Please receive the attached Ecosystem Report with appendices. Staff and members of the Wildlife Advisory Committee are excited to share and discuss this report, including its findings and committee recommendations. 2 Whatcom CouJ 2017 Ecos tem Report IYS Prepared by the Wildlife Advisory Committee for the Whatcom County Council 3 0 Whatcom County 2017 Ecosystem Report Preface......................................................................................................... iii I. Introduction............................................................................................ 1 II. Historical Overview.................................................................................. 4 III. Present Conditions................................................................................ 7 Habitat Connectivity and Corridors................................................................ 8 Importance of Wildlife to People................................................................... 9 IV. Methodology.......................................................................................12 How Information Was Collected...................................................................12 LiteratureReview.......................................................................................12 WatershedPlanning...................................................................................13 CriticalAreas Ordinance..............................................................................14 CanopyHeight...........................................................................................14 Wildlife Habitat Categories..........................................................................16 Forest and Woodland...............................................................................17 Grassland and Shrubland.........................................................................17 Developed Habitats and Agriculture...........................................................17 Aquaticand Riparian...............................................................................17 Maritime and Coastal...............................................................................17 Conservation Value....................................................................................19 WatershedBasins......................................................................................20 V. Current Regulations................................................................................21 Critical Areas Ordinance..............................................................................21 Shoreline Management Program..................................................................22 Forest Practices and the Habitat Conservation Plan........................................23 National Environmental Policy Act (NEPA).....................................................23 Endangered Species Act (ESA)....................................................................24 The Bald and Golden Eagle Protection Act.....................................................24 Point Elliott Treaty of 1855..........................................................................24 VI. Findings..............................................................................................25 Stressors of Wildlife and Habitat..................................................................40 Changes to Habitat Composition...............................................................40 Changes to Habitat Configuration..............................................................40 Changes to Habitat Connectivity...............................................................40 Additional stressors include: ..................................................................... 40 VII. Information Gaps.................................................................................44 VIII. Recommendations................................................................................45 Landscape Management Recommendations...................................................45 Programmatic Recommendations.................................................................46 IX. Closing...............................................................................................49 X. Appendices.............................................................................................50 5 Whatcom County 2017 Ecosystem Report List 1° Figures i Figure 1. Forestland on Slide Mountain............................................................. iii Figure 2. North Fork of Nooksack River at confluence with South Fork .................. 1 Figure 3. Whatcom County Jurisdictions........................................................... 3 Figure 4. Historic photo of logging crew near Bellingham, from a postcard published ca. 1910 by Sprouse & Son, Importers and Publishers, Tacoma, Washington ........ 4 Figure 5. Whatcom County in 1850.................................................................. 6 Figure 6. Whatcom County Satellite Image (NAIP, 2016)...................................11 Figure 7. Water Resource Inventory Areas of Whatcom County and their Subwatersheds (Washington Department Ecology)...........................................13 Figure S. Example of Critical Areas Ordinance areas..........................................14 Figure 9. Example of canopy height mapping...................................................15 Figure 10. Habitat classifications (Northwest Habitat Institute (NWHI) and WDFW (1999)).......................................................................................................18 Figure 11. Conservation value of an example area in Whatcom County as determined by the Whatcom Legacy Project.....................................................19 Figure 12. WRIA 1 and WRIA 3 Watershed Basins within Whatcom County ..........20 Figure 13. How Stressors Can Impact Habitats and Associated Species (WDFW, Landscape Planning 2009).............................................................................43 Figure 14. Wildlife Stressors. Habitat fragmentation and wildlife mortality. (2010- 2014 WSDOT)..............................................................................................43 Table 1. Acreage and Land Use Designations of the Major Jurisdictional Entities in WhatcomCounty........................................................................................... 2 0 Whatcom County 2017 Ecosystem Report In July 2015 the Whatcom County Council passed Ordinance 2015-031, creating the Whatcom County Wildlife Advisory Committee. The ad hoc committee of wildlife professionals and informed citizens convened its first meeting in November 2015. As identified in the ordinance, the purpose of the committee is to advise the Whatcom County Planning and Development Services and the Whatcom County Council on the value and importance of wildlife and habitat management issues as they relate to the Whatcom County Comprehensive Plan and to integrate wildlife management and protection into Whatcom County's community planning process. Goal 10K of the Comprehensive Plan is to "protect and enhance ecosystems, which provide economic, ecological, aesthetic, and cultural benefit" and Goal 10L is to "protect and enhance ecosystems that support native fish and wildlife populations and habitat." To serve the Comprehensive Plan goals and purpose of Ordinance 2015-031, this committee was tasked with "developing an Existing Conditions Report (Ecosystem Report) that would include an inventory, characterization, and assessment of current ecosystem conditions, and include an analysis of risk, initial management recommendations, and landscape planning considerations." This Ecosystem Report has been developed to fulfill this task, using primary literature, GIS datasets, and expert local knowledge in addition to local, regional, and federal guidance on species, habitat, biodiversity, and ecosystem management. Figure 1. Forestland on Slide Mountain This report provides the foundation that will support wildlife and ecosystem planning efforts, though additional efforts will be required to better understand local ecosystem conditions and needs, as well as strategize and implement long-term species and ecosystem needs. Key aspects of this report include an overview of Whatcom County's ecosystems and wildlife species, their current status, known data gaps, and initial recommendations on how to better ensure that ecosystem integrity is protected throughout the County, and that the species within those ecosystems continue to exist. This report also identifies the existing regulatory mechanisms for 7 Whatcom County 2017 Ecosystem Report ecosystem protection and identifies the appropriate agencies that are the authority for ecosystem management, protection, enhancement and recovery. According to the Washington Comprehensive Wildlife Conservation Strategy developed by the Washington Department of Fish and Wildlife (WDFW) (2005), "Habitat loss, fragmentation, and degradation are the major threats to the persistence of Washington's fish and wildlife." How and where we develop on the landscape determines the success of many species. It is the hope of the Wildlife Advisory Committee and the intent of Whatcom County Council that this document be used by County agencies to support biodiversity planning efforts. Wildlife Advisory Committee Members include: Barry Wenger* Vikki Jackson* Frank Bob* John McLaughlin* Fenner Yarborough* Stephen Nyman* Wendy Harris Guy Occhiogrosso Caanan Cowles* Christopher Kazimer Joel Ingram* *indicates Technical sub -committee member Previous committee members: Michael Williams*, Paul Woodcock This project was also offered significant GIS map and data support and literature research from Whatcom County Planning and Development Service intern Stirling Scott. Her expertise and support during the first half of 2017 greatly improved staff's ability to evaluate and consider various ecosystem features, functions, and assets. Whatcom County staff support was provided by Chris Elder, Sarah Watts, and the Natural Resource staff of Planning and Development Services. Photo Credits: All photos are provided by Whatcom County except where noted. Elk in traffic on the cover page was provided WDFW. iv Whatcom County 2017 Ecosystem Report M r Whatcom County is vast, encompassing roughly 2,107 square miles (1,378,446 acres) of land and 397 square miles of water. And it is geographically complex. Within its boundaries exist a great variety of geographic features, ranging from the marine waters, islands, bays, and shorelines of the Salish Sea —including northern Puget Sound and Georgia Strait —to the rich estuarine interface with the lowlands of the Nooksack River basin, to the expansive greater Cascades ecosystem at higher elevations. Despite the alterations of the landscape and impacts on wildlife over time, Whatcom County remains an area of significant biodiversity. Whatcom County is characterized by 36 general habitat types (described in Appendix A) and presently has on record 433 non -fish vertebrate species, including 15 amphibians, 8 reptiles, 320 birds, and 86 mammals. If fish species were added to this list, there would be well over 500 vertebrate species known to occur (described in Appendix B). Whatcom County is also home to over 1,100 species of plants as well as an unknown number of fungi, invertebrates, and other organisms on which the higher forms, including humans, depend. From the depths of Rosario Strait to the Cascade crest, the natural cycle of life is both dynamic and delicate, the future of which is ultimately in the hands of the human community. Figure 2. North Fork of Nooksack River at confluence with South Fork. The jurisdictional landscape of Whatcom County (Figure 3) is equally complex, with intersecting local, state, tribal, federal, and private management considerations. Approximately two thirds (850,980 acres) of the County is under federal management administered through the U.S. Department of Agriculture, Forest Service and Department of the Interior, National Park Service. 1 9 Whatcom County 2017 Ecosystem Report Table 1 summarizes by acreage the major jurisdictions in the County and the designated land use categories under the Whatcom County Comprehensive Plan. The Washington State Department of Fish and Wildlife is the state agency responsible for management of wildlife populations in collaboration with Washington State Tribes as determined by the Point Elliot Treaty of 1855. The Department of Natural Resources is responsible for managing and monitoring forest practices and forest practice applications. Whatcom County is responsible for managing and monitoring development impacts on lands under Whatcom County jurisdiction. Whatcom County Jurisdictional Acreages om County Comp Plan Designations Incorporated Cities 31,613 lture 85,922 Whatcom County 472,258 ercial Forestry 186,243 orestry FRuralu(Community 35,638 Ross Lake National Recreation Area 104,642 121,533 Okanogan Wilderness 114,108 usiness 186 Okanogan National Forest 48,504 8,425 North Cascades National Park 308,217 Rural Neighborhood 3,077 Noisy-Diobsud Wilderness 5,919 Rural Tourism 8 Mt. Baker Wilderness 120,261 Small Town 211 Mt. Baker/Snoqualmie National Forest 164,251 Urban Growth Area (UGA) 13,047 Mt. Baker National Recreation Area 8,673 UGA Reserve 1,967 TOTAL Federal Jurisdiction 874,575 Major Port/Industrial UGA 7,035 MRL 4,146 Total WHATCOM COUNTY Acreage 1,378,446 Public Recreation 4,820 Lummi Nation Acreage 13,350 Marine Areas 212,695 TOTAL County Jurisdiction 472,258 Table 1. Acreage and Land Use Designations of the Major Jurisdictional Entities in Whatcom County 2 10 O N M 11 Whatcom County 2017 Ecosystem Report Prior to the early Spanish coastal exploration, the indigenous people of this area lived in a sustained balance with the natural system. The Lummi and Nooksack peoples lived with wildlife, which provided food, clothing, tools, symbolism, and culture. The balance of humans and wildlife populations was quite stable, until the white settlers came. In 1792 when Captain George Vancouver sailed into the waters of what was to become Whatcom County, old growth forests dominated the landscape from the Cascade alpine to the Salish Sea shoreline. Lowland coniferous forest was broken only by the gaps of expansive wetlands, water courses, lakes, talus slopes, cliffs, meadows, and deciduous woodlands. The wildlife inhabiting the area were only briefly mentioned in journal accounts and usually associated with the descriptions of local indigenous people, trade items, and game hunted by the ship's crew. By this time however, as a result of Captain Vancouver's earlier voyages, the North Coast fur trade was well under way, resulting in the harvest of sea otter, beaver, and other fur -bearing mammal pelts in quantities that nearly extirpated many species. Wildlife was clearly viewed as a commodity by the early explorers. Beginning in the 1850s, as white settlers began their colonization of Northwest Washington, the abundant natural resources became a source of subsistence and capital. Entrepreneurialism was a compelling factor in the settlement of this area. Fur, fish, timber, and gold were sought by many. The first white settlers in Whatcom County recognized the monetary wealth of timber Figure 4. Historic photo of logging crew near Bellingham, from a postcard published ca. 1910 by Sprouse & Son, Importers and Publishers, Tacoma, Washington and proceeded to construct a saw mill on Whatcom Creek, and soon the landscape changed. As the landscape changed, the habitat was altered. M 12 Whatcom County 2017 Ecosystem Report In the early part of the twentieth century, it was observed that 123 bird species had diminished since 1890, and "the ecological changes which have so altered the bird fauna have had a similar and even greater effect on the mammalian life of northwestern Washington." (Birds and Wild Animals, Roth 1926) Many of the larger animals, such as grizzly bear and Roosevelt Elk were wholly driven out by the settlement of the county and are now to be found only occasionally in the wilds of the mountains. Several species, including the trumpeter swan and wood duck, had neared the point of extinction due to over -hunting. Numerous non - indigenous species were introduced to Whatcom County or spread here from other points of introduction. This includes bob -white, mountain quail, California quail, Hungarian or European pheasant, and ring- necked pheasant. Opossum, eastern gray squirrel, European starling, and English (Old world/House) sparrow, and American bullfrog populations have all increased or expanded their ranges into Washington State since their introduction. As opportunists, most of these species benefit from urbanization. European starlings and House sparrows are now considered nuisance species by the U.S. Fish and Wildlife Service. Introduced species compete with native species for habitat, including aggressive displacement from nest sites. Introduced invasive plant species have altered vegetation communities and the wildlife populations dependent on them. The earliest wildlife regulatory body was the Whatcom County Wildlife Commission. Established sometime in the early 1900s, this local commission set and enforced hunting seasons on a local level. With the establishment of a state wildlife regulatory department, the task of game management became centralized statewide. In 1933 the Washington State Department of Game was created and given management responsibilities and sole authority over the state's wildlife resources. The Game Department's primary focus was managing fish and game or those species of game value. In the 1980s a growing recognition of the importance of a broader range of wildlife led to the creation of the Non -game Program and renaming of the agency to the Department of Fish & Wildlife. 9 13 no 14 Whatcom County 2017 Ecosystem Report x Today the landscape of Whatcom County is greatly changed from the days of Captain Vancouver and the early settlers. The lowland forests have all been logged, the Nooksack River diked with a large percentage of wetlands ditched or filled, and habitat transformed. In the process of change, some species, including basking shark, gray wolf, and grizzly bear were extirpated while many more species have been greatly reduced. The western edge of the County is characterized by a rich marine environment interspersed with islands ranging in size from small rock outcrops to large land masses. The tidally influenced marine waters and associated coastal shoreline provide habitat for marine invertebrates, fishes, harbor seals, river otters, several whale species and porpoises, seabirds (e.g., gulls and terns), wading birds, and shorebirds. The physical features of the irregular shoreline, including promontories, bluffs, cliffs, spits, cobble and sandy beaches provide a variety of habitats and foraging opportunities for many species. The richest marine bird habitats are found in estuarine flats, marshes, and other marine wetlands, where concentrations of shorebirds, herons, and other birds forage on invertebrates or small fish, and their large, concentrated numbers afford excellent hunting for falcons and bald eagles. Moving upstream from the estuaries along river and stream corridors, associated wetlands, ponds, lakes, and other special habitats of great value to wildlife have formed. Freshwater wetlands serve as nurseries for many fish species and support most of our native amphibians with an aquatic life stage —including the federally threatened Oregon Spotted Frog. Wetlands also provide homes for vital habitat to waterfowl, wading birds, river otter, mink, beaver, and muskrat. Most terrestrial birds benefit from wetlands at some time during the year. Whatcom County has several freshwater lakes (most of which have been greatly impacted by shoreline development), whose function as open water habitat is vital to migratory water birds, osprey, bald eagle, bats, otter, and other aquatic and semi -aquatic species. The area of transition from aquatic to terrestrial habitats, termed the riparian area or zone, constitutes one of the most important habitats in the County. Riparian vegetation is generally structurally complex and diverse, and proximity to water is an attractant to many species of wildlife. In fact, roughly 86 percent of all wildlife species in western Washington use riparian areas at some time in N 15 Whatcom County 2017 Ecosystem Report their life cycle (Brown, 1985). Riparian areas also form a natural corridor system across the landscape, linking not only aquatic with upland habitats, but spanning elevations from the lowlands to the alpine. Upland habitats in Whatcom County are a mix of pasture/grassland, cultivated agricultural land, coppice or small woodlands, mixed forest, conifer forest, high elevation forests, and alpine areas. Forested uplands below 2,000 feet elevation serve as the primary habitat for the majority of local terrestrial species and in many cases provide an essential habitat element for wetland or water - associated species. As examples, during the winter months female and juvenile great blue herons depend on rodents and frogs from open pasture for their primary food source; and wintering swans feed in local fields then roost near lakes. The interspersion of pasture/cultivated land/mixed forest and stream/wetland areas is prevalent in the lowlands. Many of the species characteristic of these areas are habitat generalists, moving easily across small habitat patches, and are not reliant on large patches of forest or forest interior conditions to thrive. Not unexpectedly, the most common species include some associated with non -forested habitats and early stages of forest succession, which may increase their adaptability to suburban and agricultural landscapes. The upland conifer forests of the County are at various stages of succession and, as such, represent ever -changing habitats. The changes in forest conditions directly affect habitat value and species occurrence. Low elevation old -growth forests exist only as remnants in Whatcom County, and much of the mature second growth forests that provide habitat for a diversity of wildlife species have been harvested in recent years. High elevation forests above 3,000 feet and alpine habitats are distinctly unique ecosystems due to temperature and climatic extremes and mountainous terrain. The harsh conditions of these areas limit the diversity and abundance of wildlife species. Familiar animals associated with these habitats include hoary marmot, pika, mountain goat, black bear, ptarmigan, gray jay, and golden eagle. Habitat Connectivity and Corridors Whatcom County, situated on the 49th parallel between the Cascades and Georgia Strait, provides a geographical link in the north -south migratory corridor known as the Pacific Flyway. The Pacific Flyway extends south from the North American Arctic to South America. This flyway was identified by the U.S. Fish and Wildlife Service as the most significant route used by western Pacific migratory waterfowl. Based on the U.S. Fish and Wildlife Service data, millions of ducks and geese and tens of 16 Whatcom County 2017 Ecosystem Report thousands of swans travel along this corridor twice annually. The Pacific Flyway is also used by millions of shorebirds and migratory raptors and neotropical migrant songbirds. The temperate, climate, and diverse habitat of Northwest Washington, and specifically Whatcom County, provides suitable wintering and breeding habitat for many migratory birds given the relatively mild winter conditions. Species such as the trumpeter and tundra swan make this area their wintering grounds or southernmost destination from their breeding grounds in Alaska. Neotropical migrants such as the Vaux's swift make this their northernmost destination, flying from Central America in the spring, residing here through the summer to reproduce, then returning south again in the fall. In addition to those species that migrate great distances to over -winter or breed, are the large flocks of migrants which stop to rest and feed while migrating, or those that gather here prior to migrating. The geographical locations where such resting, feeding, and gathering takes place are known as staging areas. During peak migration, these areas can harbor tens of thousands of individuals. Elk, deer, and other non -hibernating mammals may migrate seasonally from the lowland winter range to higher -elevation summer ranges; pond -breeding amphibians travel to and from breeding sites; and the juveniles of many species disperse across the landscape. The suitability of habitat and habitat links along any migratory route or travel corridor are critical to the survivability of the migrant. Whatcom County's important habitat features include migration and movement corridors, particularly those along stream courses linking wetlands, uplands, and marine areas. Importance of Wildlife to People Native wildlife has been appreciated by local citizens past and present. From subsistence to sport, recreation, and simple pleasure, wildlife is a subject of changing values in Whatcom County. Today, year-round naturalist programs, birdwatching field trips, wildlife photography, and other wildlife appreciation activities are as popular as hunting, trapping, and fishing. A healthy and diverse natural environment is becoming increasingly important to both human and non - humans alike. Many residents of Western Washington value wildlife, as part of their heritage and lifestyle and have demonstrated the desire to incorporate wildlife -related activities into their daily lives. If there is a "Northwest Tradition," it must include wildlife (Significant Wildlife Areas, 1994). W 17 Whatcom County 2017 Ecosystem Report The Tribes have always considered wildlife and wildlife habitats as a vital component of their culture. When identifying wildlife as a cultural resource, planning for ecosystem health becomes an intrinsic necessity. Traditional Ecological Knowledge (TEK) refers to the evolving knowledge acquired by indigenous and local peoples over hundreds or thousands of years through direct contact with the environment. An increasing number of scientists and Native people believe that Western Science and TEK are complementary and can inform successful wildlife management. Agencies using TEK include the United States Fish and Wildlife Service. 10 ig 19 Whatcom County 2017 Ecosystem Report The Whatcom County Wildlife Advisory Committee and Technical Subcommittee met a combined total of 26 times between November 2015 and July 2017. Whatcom County Planning and Development Services provided 0.25 FTE of staff time to support the committee and develop the Ecosystem Report. Much of the committee's time was spent becoming familiar with the enabling ordinance and discussing the comprehensive plan and the critical areas ordinance updates. These discussions helped provide context and understanding before developing the Ecosystem Report. Staff followed committee member guidance in developing this ecosystem report. Given the size, geographic diversity, and biodiversity of Whatcom County, in addition to the jurisdictional complexity, dramatic historical and current land use changes, the committee noted that additional field and desktop survey work by trained consultants or staff is required to continue to improve our understanding of local ecosystem processes. How Information Wa Collected The Ecosystem Report of Whatcom County is an assessment of some of the current conditions of wildlife populations, habitat types, and the greater environment within and adjacent to Whatcom County that has been gathered through literature and GIS data review as well as expert input from members of the Wildlife Advisory Committee. This assessment of current conditions in Whatcom County provides the framework, including methodology used, for periodic assessment updates. It should be noted that a significant amount of information exists with regards to wildlife and ecosystem management and that the Wildlife Advisory Committee made significant efforts to compile, condense, and summarize a significant portion of the data available. However, site specific information on wildlife and habitat composition is lacking in many locations. Literature Review Staff performed a broad literature search, recruiting data from Washington State Department of Fish and Wildlife (WDFW), Department of Natural Resources (DNR), Department of Ecology (DOE), Whatcom County, The Habitat Institute, the City of Bellingham, as well as primary literature and many other local, regional, and national sources. Visit Appendix E for a full list of sources reviewed. 12 20 Whatcom County 2017 Ecosystem Report To complement the literature review and improve staffs and the public's ability to consider wildlife habitat features and functionality, GIS datasets were collected and made available to County staff to consider when making land use decisions and to achieve the purpose of this report. After an initial review of literature and datasets available, efforts were taken to assess general habitat types and conditions and compile this information in an easy -to -reference format. Given that a significant amount of local planning efforts are based on watershed or sub- watershed boundaries, we chose to organize ecosystem and habitat data according to sub -watershed. The below map (Figure 7) illustrates the three Watershed Resource Inventory Areas (WRIA)—WRIA 1 (Nooksack River), WRIA 3 (Samish River), and WRIA 4 (Skagit River) —located in part within Whatcom County and the component sub -watersheds of each WRIA. Performing an ecosystem analysis by sub -watershed allows ecosystem conditions to be considered alongside other environmental factors such as water quality and water quantity. Whatcom County staff has compiled an initial assessment of all sub -watersheds within Whatcom County that includes habitat type, conservation value, canopy height, and current identified critical areas (see example maps in the following sections, with full maps contained in Appendix D). Staff will continue to collect additional data to add to this countywide sub -watershed ecosystem assessment. Figure 7. Water Resource Inventory Areas of Whatcom County and their Subwatersheds (Washington Department Ecology) 13 21 Whatcom County 2017 Ecosystem Report Critical Drees Ordinance Current regulations such as the Critical Areas Ordinance (CAO) were also considered to determine how well ecosystem conditions and connections are being maintained. Figure 8 illustrates an overlay of designated CAO fish and wildlife habitat conservation areas and wetland areas in one example location. The CAO relies on data obtained from WDFW and the National Wetlands Inventory for identification of ecologically important areas such as habitat conservation areas and wetlands. WDFW datasets were accessed through the Priority and Habitat Species (PHS) (dated March 2017) and are listed as Priority Habitat Species Areas, Statewide Washington Integrated Fish Distribution (SWFID), Salmonid Stock Inventory (SaSI), and Marine Environment. HCA.la. -S hoTeune Stream (150 ft.. buf.Parh;CAO1 UPDFW Designated Priority Species ',YDFk Designatetl! Priority Habitats - Wetlands HCAlb -too Satmbonid Fish Presen e (50 ft. bvffefl] (CAOJ v� YVDFS Designated Priority Species Hatencd Wetlands hwentxy GVi'er Fish 8eammg', SS Sams-Gucr€m3NfrrosriatE',istaric Eagle Buffea (330; 660" Dis. butt i (100', fC b0ni ) CAO Figure S. Example of Critical Areas Ordinance areas Canopy Height LiDAR stands for Light Detection And Ranging. LiDAR measurements involve pointing a laser at a land surface at closely spaced intervals and measuring the time it takes for light to return to the source. Very accurate three-dimensional information can be obtained with sufficient measurements. Whatcom County has collected LiDAR data for various parts of the County since 2006. LiDAR can be used to identify significant geographic features as well as determine tree canopy height (Figure 9) and density. 14 22 Whatcom County 2017 Ecosystem Report Canopy height provides a convenient visual estimate of potential forest conditions, because tree height is generally related to tree age, when corrected for differences in growth by species and by site conditions (e.g., trees exhibit slower growth at high elevations and along windy coasts). Whatcom County staff used several LiDAR datasets including City of Bellingham (2013), Puget Sound Lidar Consortium: Lummi Peninsula 2005; Nooksack River (Basin 2013), and; Whatcom County (portion) 2009, 2016). Geoprocessing tool Minus was used to subtract the bare earth dataset from the highest hit dataset with the remainder being the height of the canopy. Canopy density can also be determined using LiDAR; however, staff has not yet been able to apply this tool for ecosystem assessment purposes. Canopy Height - : t ft s i ft 2-7 tt. 8-20 ft 211-50 ft. Maple Falls Area r ? -19 t1. aa1-200 ft. M <200 ft. Figure 9. Example of canopy height mapping 15 23 Whatcom County 2017 Ecosystem Report Wildlife Habitat: Categories The Wildlife Advisory Committee determined that a wildlife -habitat association methodology would be most effective in supporting an initial assessment of wildlife - habitat conditions. Staff recruited GIS datasets from four different sources including: • NatureServe and Washington Department of Natural Resources Natural Heritage Program (2016); • Northwest Habitat Institute (NWHI) and WDFW (1999); • National Oceanic and Atmospheric Association C-CAP(Coastal Change Analysis Program); and • Whatcom County Planning and Development Services Ultimately it was determined that the NWHI and WDFW habitat classifications were the most accurate and useful to ecosystem planning efforts as can be found in Appendix B. The grouping of specific habitat types into wildlife -habitat categories provides an initial estimation of the expected occurrences of certain wildlife species within each wildlife -habitat categories. Broadly defined habitat categories such as "forest and woodlands" supports effective wildlife planning as it represents areas with grossly similar vegetation cover characteristics or land forms that can be correlated with specific wildlife species. The wildlife -habitat categories can be further divided into more narrowly defined habitat types, each of which could predict more specific assemblages of potential wildlife species present. The use of wildlife -habitat associations recognizes that the actual composition of wildlife communities may differ from predicted occurrence because of local conditions, habitat patch size, successional stage, stand dynamics, effects of management and anthropogenic impacts, or other factors, and therefore this approach is not a substitute for field observations of habitat condition and species present. To further refine the prediction requires more detailed information, including the condition of the habitat in the area of concern. Habitat condition includes the types and amounts of different structural stages and habitat elements, historical conditions, and any stressors. Five broad wildlife -habitat categories were identified, representing the following types and approximate total area in Whatcom County: 16 24 Whatcom County 2017 Ecosystem Report Forest and Woodland 825,000 acres Forest & Woodland Habitat is dominated by woody plants, typically trees greater than 30 feet high. It includes a complex mix of forests typically classified by vegetation height and successional stage, number of canopy layers, and canopy cover. Important habitat elements associated with this category include existing or animal- excavated tree cavities, snags (dead or defective standing trees), large and small woody debris (stumps and fallen logs), and natural openings. Streams and wetlands located within forest and woodland habitat increase the potential for wildlife diversity. Grassland and Shru la d 281,981 acres Grassland and shrubland habitats are dominated by woody plants less than 30 feet high or native meadow habitats dominated by native grass and herbaceous species. Developed Habitats and Agriculture 180,286 acres Developed habitats & agriculture are habitats that have been altered or exist only due to ongoing human activity. These habitats are typically dominated by non- native plant communities and may include large areas of impervious surfaces, though pasture and certain croplands can provide valuable habitat for migratory birds and other species. Urban development occurs within or adjacent to nearly every habitat type in Whatcom County, and often replaces habitats that are valuable for wildlife. The highest urban densities normally occur in lower elevations along natural or human -made transportation corridors such as rivers, railroad lines, coastlines, or interstate highways. These areas often contain good soils and lush vegetation with little or no slope. Once level areas become crowded, growth may continue along rivers or shores of lakes or oceans, and eventually up elevated sites with steep slopes or rocky outcrops. Aquatic and Riparian 75,090 acres Aquatic & Riparian Habitats include lakes, ponds, wetlands, stream and rivers and the associated plant community that is influenced by their presence. Maritime and Coastal 220,235 acres (219,029 marine & 1,206 coastal) Maritime & Coastal Habitats are associated with marine waters which include coastal open water, nearshore habitats, estuary and coastal lagoons. 17 25 Whatcom County 2017 Ecos Each broad wildlife habitat category includes a number of more specific habitat types that are detailed in Appendix B. Habitat Jr an and Mxed £rYe ms Lakes P.i.�,s. Pbrds, and Re er c r I a to us'w eGaMs Agn-f—,PalaT—dE—n'L_.rds i iGlassifcat{{ 3dar ne M ved CanW F✓,st Figure 10. Habitat classifications (Northwest Habitat Institute (NWHI) and WDFW (1999)) Although wetlands and associated buffers provide very important water quality and habitat functions for the species of Whatcom County, information on wetland occurrence derived from PHS and NWI should be used cautiously, because the original mapping efforts were generally based on remote data collection and were not necessarily ground-truthed. Similarly, categories of wetlands (e.g. palustrine emergent wetland versus palustrine scrub -shrub wetland) may be inaccurate due to a lack of access to accurate and current field conditions. In 26 Whatcom County 2017 Ecosystem Report Conservation value The Whatcom Legacy Project (2007) developed an initial assessment of current ecosystem conditions based off of NatureServe's Vista conservation planning software and incorporating data from the following sources: • Assessment of Freshwater Systems for Washington State (Skidmore 2006) • North Cascades Ecoregional Assessment (Iachetti et al. 2006) • Washington State Comprehensive Wildlife Conservation Strategy (WDFW 2005) • Washington State Gap Analysis Program (Cassidy et al 1997) • Willamette Valley - Puget Trough - Georgia Basin Ecoregional Assessment • Whatcom County Critical Areas • Whatcom County Natural Heritage Plan • Whatcom County Shoreline Management Plan • Whatcom County Wildlife Atlas • Whatcom Land Trust Salmon, Eagle, and Elk Analysis (Terra Logic 2000) Conservation high Biodiversity Value - high species richness Values Low Biodiversity value - [cmer species richness Figure 11. Conservation value of an example area in Whatcom County as determined by the Whatcom Legacy Project 19 27 Whatcom County 2017 Ecosystem Report The Whatcom Legacy Project represents a significant endeavor undertaken to help guide conservation planning efforts in Whatcom County. Data considered in development of the conservation values includes identification of conservation targets (including specific ecological systems), known locations of conservation targets, and integrity and relative confidence of each target. Local conservation concerns were also considered in development of the conservation values and assessments. The Whatcom Legacy Project report states that it should only be used as a starting point and that the limitations with the database are well described in the report. Watershed Basins Data were collected and grouped according to smaller subwatershed units and larger WRIA 1 & WRIA 3 Basins. Data presented in the Findings section are grouped by watershed basin. Note that data were not available for every single subwatershed. Staff has made note where data was not available. WRIA 1 Basins WRIA 3 Basin Bellingham Bay Middle Fork Sam ish Birch Bay North Fork Chilliwack River a Samish Bay Drayton Harbor South Fork Lower Nooksack Straight of Georgia � : Lummi Bay Watershed Sumas River Figure 12. WRIA 1 and WRIA 3 Watershed Basins within Whatcom County 20 .01 Whatcom County 2017 Ecosystem Report V. Current Regulations Critical Ares Ordinance The Critical Areas Ordinance (Whatcom County Code 16.16) carries out the goals of the Whatcom County Comprehensive Plan and the State of Washington Growth Management Act (Chapter 36.70A RCW) by implementing rules that designate and classify critical areas, and by protecting their functions and values, while allowing for appropriate economically beneficial or productive use of land and property. Best available science is considered when developing policies and development regulations to protect the functions and values of critical areas (RCW 36.70A.172). Regulated critical areas include geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas, wetlands, and fish and wildlife habitat conservation areas. Development regulations may not allow a net loss of the functions and values of the ecosystem that includes the impacted or lost critical areas (WAC 365-196-830(4)). Functions and values must be evaluated at a scale appropriate to the function being evaluated. Functions are the conditions and processes that support the ecosystem. Some critical areas, such as wetlands and fish and wildlife habitat conservation areas, may constitute ecosystems or parts of ecosystems that transcend the boundaries of individual parcels and jurisdictions, so that protection of their function and values should be considered on a larger scale (WAC 365-196-830(6). The Wildlife Advisory Committee noted that while the CAO aims to protect different species and habitats on a parcel -by -parcel basis during development actions, a more comprehensive approach to wildlife protection and ecosystem planning with consideration given to cumulative impact would greatly benefit local wildlife species and overall ecosystem health and functionality. It should be noted that the CAO only applies to regulated development actions and does not necessarily address non -regulated actions that may impact habitats and species. Non -regulated actions include non -conversion forest practices and activities that do not convert uses or result in development. Natural Resource staff and environmental consultants rely on species and habitat mapping as well as management recommendations developed by the Washington State Department of Fish and Wildlife (WDFW) when designing and approving development actions. WDFW has identified locations of some of the Priority Habitats and Species within Whatcom County. This data is available through GIS data downloads or through 21 29 Whatcom County 2017 Ecosystem Report PHS on the Web which is a web -based, publicly available interactive map allowing anyone to find basic information about the known location of Priority Habitats and Species (PHS) in Washington State. PHS is a source of best available science that can inform local planning activities, development projects, conservation strategies, incentive programs, and numerous other land use applications. The habitats and species that appear on the PHS map are informed by WDFW's PHS List, which includes habitats of exceptional value for wildlife and species listed on the State and Federal lists of animals identified as Threatened, Endangered, Sensitive, Candidate, and Monitor. The map displays known locations of priority habitats and species that have been provided to WDFW by agency biologists and other sources of scientific data about species and habitat locations. Data are updated as new information is gathered and verified in the field. However, some mapped occurrences are out of date and few areas have been thoroughly surveyed. Therefore, the map should not be considered an exhaustive survey of all fish and wildlife presence in a given area. Washington State Supreme Court Decisions have clarified that CAO provisions under the GMA require protection of existing critical area functions, but do not require restoration of previously degraded critical areas or their functions. Shoreline a a e e t Frogs The Shoreline Management Program (SMP) was originally enacted under the Shoreline Management Act and, with regards to wildlife and habitats, is intended to protect shoreline ecology in the following ways: • By using a process that identifies, inventories, and ensures meaningful understanding of current and potential ecological functions provided by shorelines. • By including policies and regulations that require mitigation of significant adverse impacts in a manner that ensures no net loss of shoreline ecological functions. The required mitigation shall include avoidance, minimization, and compensation of impacts in accordance with the policies and regulations for mitigation sequencing in SMP 23.90.03 and the Whatcom County CAO. This Program and any future amendment hereto shall ensure no net loss of shoreline ecological functions and processes on a programmatic basis in accordance with the baseline functions present as of the date of adoption of this program, Feb. 27, 2007. 22 30 Whatcom County 2017 Ecos • By including policies and regulations to address cumulative impacts, including ensuring that the cumulative loss of shoreline ecological functions, and by fairly allocating the burden of addressing such impacts among development opportunities. • By including regulations and regulatory incentives designed to protect shoreline ecological functions, and restore impaired ecological functions where such opportunities have been identified, consistent with the Shoreline Management Program Restoration Plan developed by Whatcom County. It should be noted that the CAO goal is to protect important ecosystem functions and values and the SMP standard is no net loss of shoreline functions. Forest Practices and the Habitat Conservation Plan The Washington State Department of Natural Resources developed the Forest Practices Act to provide minimum standards for private land forest management in Washington State. Forest Practices as described in 76.09 RCW provide minimal planning requirements for terrestrial wildlife species. State lands are required to be in compliance with the Habitat Conservation Plan (HCP) in response to the federal listing of certain threatened and endangered fish species. The HCP describes how those listed fish and other species would be protected. The purpose of the HCP is to ensure that landowners who conduct forest practice activities are in compliance with the Forest Practices Act and will also follow the requirements of the Federal Endangered Species Act for those species present. The HCP seeks to provide long- term conservation of designated species, support an economically viable timber industry, and create regulatory stability for landowners. While the HCP does provide consideration and planning for threatened and endangered species, it provides a limited amount of protection for biodiversity, habitat connectivity, and cumulative impacts to wildlife. Class I, II, III, and IV special forest practices conducted in accordance with the applicable standards of the Washington State Forest Practices Act, Chapter 222-16 WAC, are exempt from CAO review unless the lands have been or are proposed to be converted to a use other than commercial forest production. This includes temporary gravel roads constructed for logging under these exempt projects. National Environmental Policy Act ( PA) NEPA was enacted to declare a national policy to encourage productive and enjoyable harmony between humankind and their environment; to promote efforts which prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of humanity; to enrich the understanding of the ecological 23 31 Whatcom County 2017 Ecosystem Report systems and natural resources important to the Nation; and to establish a Council on Environmental Quality. Endangered Species Act (ESA) The ESA provides a program for the conservation of threatened and endangered plants and animals and the habitats in which they are found. The lead federal agencies for implementing ESA are the U.S. Fish and Wildlife Service (USFWS) and the U.S. National Oceanic and Atmospheric Administration Fisheries Service (NOAA Fisheries). The USFWS maintains a worldwide list of endangered species including insects, crustaceans, fish, amphibians, reptiles, birds, mammals, and plants. The Bald and Golden Eagle Protection Act This law, originally passed in 1940, provides for the protection of the bald eagle and the golden eagle (as amended in 1962) by prohibiting the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit (16 U.S.C. 668(a); 50 CFR 22). Point Elliott Treaty of 18555 The Point Elliott Treaty of 1855 was signed with the United Stated granting title of the lands comprising the treaty area to the United States. In 1905, the US Supreme Court re -affirmed the tribes' access rights to natural resources, wildlife, and gathering of roots, berries, cedar bark, etc., throughout the treaty area in the Reserved Rights Doctrine that stemmed from the US v. Winans case that year. There, the court held that in a grantor -grantee relationship anything not explicitly given by the grantor (the tribes) to the grantee (the United States and its successors) was considered as being retained by the grantor. Article 5 of the Point Elliot Treaty reaffirms the tribe's rights to the natural resources within opened and unclaimed lands. The preservation and protection of the Ecological Systems within Whatcom County are vital for maintaining tribal cultural Identity. It is imperative that the tribes be timely notified and included in meaningful discussions in land use proposals that the county is or may consider in order for the tribes to ensure that any such actions will not have any negative impacts on natural resources that are vital for tribal cultural identities. M 32 Whatcom County 2017 Ecosystem Report � Virtually every land use action affects wildlife habitat. When we recognize the dependency of wildlife on soils, vegetation, clean air, and water, one can appreciate the importance of minimizing the adverse impacts on wildlife through careful land use. Incremental habitat loss and fragmentation results in cumulative impacts and ultimately demonstrates the need for a broader -scale ecosystem management system. Given the rapid rate of development and population growth, habitat condition across the County has generally degraded for the past two centuries. This is evident throughout the landscape but is most stark given the disappearance of lowland forests and the near -loss of old -growth forests throughout the County. This report provides a cross-section of current conditions in Whatcom County and identifies current habitat types, conservation values, canopy heights, identified fish and wildlife habitat conservation areas, and the current regulatory backdrop. To get a full sense of current habitat and species conditions, refer to appendices A (Species) and B (Habitats). The following tables present our findings of total acreage, canopy height, habitat type, impervious surface percentage, and PHS species and habitats of concern by watershed basin. The tables show that each watershed is unique with different habitat types, species, and levels of development. Based on the findings within each watershed basin and the knowledge of stressors and impacts to ecosystems and wildlife, certain determinations can be made and certain land use planning decisions should be considered. 25 33 o o ro O a O O O co (J N O O c O v c o °�' � Q) +r v Cu °' v � c Q) & Q z •°�' a c o c v z v 0 Q C o +� L L ,U O U ,U U O ,U -p C O N °gyp m O U O_ 0 Ln U tD O m m m m m U w N Ln o U 06 p o N V ¢ m 01 _ i- 3 ...................... ........ ._.._. ....... L o o m m Lam. 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U � O rn M 47 Whatcom County 2017 Ecosystem Report tressors of Wildlife and Habitat Some of the most common effects of land use changes on wildlife include the loss of habitat, the creation of smaller and more scattered remaining fragments or patches of habitat, loss of habitat quality within patches, increased road mortality, reduced water quality, and increased competition between native species and nonnative species. The effects of land use, one of the "stressors," can result in the further loss of species from an area. Land use planning that considers wildlife in the local decision -making process can minimize the effects of stressors on wildlife as the landscape is developed. The primary stressors identified are: Changes to Habitat Composition Examples include: • Clearing and grading • Lawn maintenance and landscaping • Removal of decadent(hazard) trees Changes to Habitat Configuration Examples include: • Development along riparian corridors • Development within or adjacent to wetlands • Development after expansion of Urban Growth Areas • Introduction of domestic or invasive species to the ecosystem Changes to Habitat Connectivity Examples include: • Fences and barriers • Powerline and other utility corridors • Construction of local residential streets • Development of high capacity roads • Land division and subsequent development • Noise and glare from artificial light Additional stressors include- • Hydrological depletions or additions • Interruption in water flow may have negative impacts on fish populations • Pathogens, nutrients, and toxicants M Whatcom County 2017 Ecosystem Report • Interspecific interactions • Introduced species outcompeting native species • Changes in disturbance regimes • Distance from natural range of variability • The impact of climate change on habitats and habitat connections 41 i• Whatcom County 2017 Ecosystem Report In 2010 the Washington State Habitat Connectivity Working Group released the Washington Connected Landscapes: Statewide Analysis. Figure 13 demonstrates how stressors can impact habitats and the effects that can have on associated species. One of the conclusions reached by this Working Group is that "climate change and widespread loss of habitat call on us to explore options for conserving connectivity that transcend jurisdictional boundaries and sustain natural processes. Connectivity Bi to ical Components C��Iy+ �'tYa�;le9tl�� Gemcnal i'i! MffP- flb ID ttgeedrq tlffiS'I o, swrnfef, 3ftb Ofi#ag ma tilam c(r4asal aflg, wartmM & Asa &" rwl=. Habitat Capabifli lag e ifmcg Promm, Habitat Effectiveness Wiyfflife 11nd wW,,ua 14ewe1' ii cys Mired Mortallify FM RIV mn ut!ttzrar—ff, LF-gl #fSSa�+'$i"g M Ponrg i#i3�ltTt� Fejuc iE t Ci= PAXTVN�; 904, MON 39-1,3614, t aXrd1t Yi 3ti P T # 'tA5 if liif (fEri3Gi"a Of Gi3R'pemuf S ffidgife Popu Ramon-le+rel Effects, FWD WdR71 CE Lm or one t emIty Ir esl w, e9r WMCd roreedrg +'Tim. R111 EN Whatcom County 2017 Ecosystem Report Figure 13. How Stressors Can Impact Habitats and Associated Species (WDFW, Landscape Planning 2009) Wildlife mortality (road kill) data is available from Washington State Department of Transportation on Washington state roads. The map below is located within the Chuckanut Wildlife Corridor and demonstrates how fragmentation of habitats contributes to wildlife mortality as species attempt to move from one habitat block to another. Wildlife Stressors Canopy = <k ft C-1 s 2u n i M�jl 100-150 ft- Habitat Fragmentation & Mortality * Recorded Wildlife k lortaiftjy 2010-2014 Height t-2 f 2050 f` 150-200 R State Roads 2-8 ft_ - 56-IN ft- '200 ft (Source: WSDOn Figure 14. Wildlife Stressors. Habitat fragmentation and wildlife mortality. (2010-2014 WSDOT) W 51 Whatcom County 2017 Ecosystem Report Throughout meetings of the Wildlife Advisory Committee they became aware of certain gaps in information available for Whatcom County. The following list highlights current gaps in knowledge identified by the committee: • In general, areas outside of identified critical areas and SMP jurisdiction areas have limited ecosystem information. • On -the -ground assessments of GIS mapped ecosystems and habitats are recommended to provide increased resolution about habitat quality and species presence and use. • Field verified information only exists in cases where a development permit has been issued and it only applies to regulated habitats and species under the CAO. • Non -game or diversity species abundances and actual distribution (WDFW has significant data regarding monitored fish and game species). • Habitat condition information. • Clear and adopted management recommendations for biodiversity areas, movement corridors, and habitat connections. • Culturally significant areas, usual and protected areas under Article 5 of Point Elliott Treaty 52 Whatcom County 2017 Ecosystem Report f Per Ordinance 2015-031, the Technical Subcommittee of the Wildlife Advisory Committee is tasked with providing initial management recommendations. They were to use best available science to ensure appropriate habitat conditions are maintained for local species, with an emphasis on biodiversity and healthy ecosystem processes and functions. This may include recommendations regarding wildlife corridors, landscape ecological planning, wildlife management, and avoiding human/wildlife conflict. The Wildlife Advisory Committee has developed achievable recommendations based on a review of best available scientific studies and resources, an assessment of current ecosystem conditions, and the professional experiences of Technical Advisory Committee members. These recommendations have been broken up into two categories: Landscape Management and Programmatic. The Committee submits the following recommendations to the County Council for consideration in determining how best to protect wildlife, habitats, and ecosystem functions. Landscape Management Recommendations The Wildlife Advisory Committee concludes that, in general, wildlife is best served by: • Maintaining large, undeveloped and connected patches of native vegetation by designating growth and development areas in other locations. • Maintaining low -density zoning or using other land use mechanisms within and immediately adjacent to high -value habitat areas to encourage larger, undisturbed tracts as well as encouraging maintenance of native vegetation. • Avoiding fragmentation of habitat by minimizing the number of new roads and other barriers to important animal movement corridors, and restore wildlife crossings between habitats. • Requiring infrastructure to be designed for safe wildlife passage and not create a barrier to migration. • Restoring the structure, function, and spatial extent of floodplains (refer to Comprehensive Flood Hazard Management Plan). W 53 Whatcom County 2017 Ecosystem Report • Adopting in the Critical Areas Ordinance terrestrial wildlife habitat buffers and management recommendations for biodiversity areas and corridors. • Protect and restore mature forest stands that form connected habitat blocks from the Puget Sound to the Cascade Mountains (e.g., Chuckanut Wildlife Corridor, Nooksack River and associated tributaries) • Protecting wetlands, riparian areas, and associated buffers from logging and other exempt stressors. To protect wildlife populations, the Wildlife Advisory Committee recommends the following items be integrated into Whatcom County government actions and procedures, especially the following departments: Planning and Development Services, Public Works, and Parks and Recreation: • Adopt recommendations contained within this report into Whatcom County Code, as applicable • Develop a Whatcom County Ecosystem Conservation Plan or Program that ensures habitat connectivity, protects important remaining habitats, restores degraded or important habitat areas, and develops the programmatic support within Whatcom County government to enact the Plan. This Plan would build upon the work of the many ecosystem reports including, but not limited to: o Cascades to Chuckanuts Conservation Plan (2004) o Shoreline Restoration Plan (2008) o State of the Watershed Report (2010) o Bellingham Technical Assessment (2015) o Ecosystem Report (2017) • Protect high -value habitat and corridors for animal movement through purchase of development rights, land acquisition, open space tax assessments, conservation easements, land use restrictions, and/or a comprehensive wildlife and habitat program. • When land use application proposals are submitted, a comprehensive Natural Resource ecosystem assessment must be completed that includes consideration of watershed conditions with regards to terrestrial wildlife, requiring maintenance of habitat connections, and considering impacts to nearby important habitat areas. 54 Whatcom County 2017 Ecosystem Report • Develop management recommendations for identified Habitat Conservation Areas that currently lack management recommendations such as wildlife corridors and biodiversity areas. • Incorporate terrestrial wildlife crossing structures in new road design or during culvert replacement and/or road improvements. • Encourage the Washington State Department of Natural Resources to maintain mature forest habitats and habitat connectivity for protection of biodiversity beyond the minimum fish bearing stream and wetland buffer requirements when approving forest practice applications within and adjacent to Whatcom County. • Minimize new road construction in important habitat areas and restore habitat connections fragmented by roads. • Improve resolution for whole county habitat mapping, including marine areas, through continued GIS data recruitment, organization, and incorporation, as well as the collection of on -the -ground field data. • Incorporate climate change projections into the Ecosystem Plan and Critical Areas Ordinance and develop an adaptation plan. • Perform a Countywide Ecosystem Functions and Values Study that should include: • Hiring of a consultant to design a baseline analysis, develop data architecture, develop data assessment forms, and train field crew(Whatcom County staff) • Expand County -sponsored citizen science programs, such as the Marine Resource Committee's programs, to terrestrial ecosystems and develop a working relationship with Western Washington University to support these efforts. • Complete Rapid Habitat Assessments for various habitats and wildlife • Complete GIS Vegetation Change Analysis • Develop an effective habitat and wetland banking, in -lieu fee, and/or mitigation program. • Determine whether there are any locally important species and habitats for extra protection under the CAO. • Budget for additional staff time to support ongoing wildlife and habitat planning efforts. G; 55 Whatcom County 2017 Ecosystem Report • Extend the duration of the Wildlife Advisory Committee to meet at a minimum of 4 times per year to steward the recommendations outlined in this document and to provide feedback and guidance to County Council and County staff on wildlife planning issues and solutions. • Re-evaluate types of permitted activities and exemptions within Fish and Wildlife Habitat Conservation Areas. • Provide resources and funding for staff and consultants to map existing conditions in the field and provide more thorough GIS analysis of existing conditions. 56 Whatcom County 2017 Ecosystem Report The Wildlife Advisory Committee is very thankful to have had the opportunity to explore and consider the ecosystems and wildlife of Whatcom County. It is the hope of the committee that this document will serve as a guidance document for Whatcom County Council, staff, and residents alike. i • 57 Whatcom County 2017 Ecosystem Report �U Mall s� zgl The attached appendices are intended to represent a centralized repository of information to provide a wealth of ecosystem and wildlife information that can be referenced and used according to relevant needs or interests. A. Species lists B. Habitats C. Ordinance 2015-031 D. Maps • Wildlife Habitat Types • Conservation Value N Whatcom Legacy Project • WDFW - Priority Habitats and Species • Canopy Height E. References 50 UILTATCnnlf rnrTnrTV hnTTJVIJI Ar�VIVDA R11J, NO. 2017-047A rr -11 --rl . Date - - - TDate Received in Council Office A ends Date Assigned to: CLEARANCES Initial Originator: es 09105117 09112117 Finance Committee Division Head: Dept. Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCU Presentation of the 'tlding assessments of the jail and work center included in the Design2Last Report ATTACHMENTS: design2LAST — Executive Summary —Phase IB 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.) Representatives from Design2Last will provide a presentation of the findings included in the Building Assessment Studies and Cost Estimates Phase 1-B report of the existing jail. The assessments completed in phase 1 A in December 2016 were to address to issues: the physical condition and operations of the existing jail and work center. The objective of the assessment was to identify building systems, materials and procedures that can be improved to increase building safety and reform processes which allow the facilities to remain in operation until such time as a new public safety building can be constructed. Phase I focuses on a more detailed study of the 10 most critical tasks in the existing jail with proposed corrective actions as well as total estimated costs. 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. 59 0001 543 Main St, Suite 101 000 Edmonds, WA 98020 design2 o.425-673-7269 c.907-317-5040 LAST inc. I www.design2LAST.com Building Assessment Studies and Cost Estimates TAB A for Capital Improvements at the Jail pg. 1 Whatcom Count - Contract 201607005 - PHASE 1 B Executive Summa EXECUTIVE SUMMARY — PRASE 1 B design2 LAST was retained by Whatcom County to perform building assessments on the existing Jail, (Public Safety Building) and the existing Work Center. The assessments, completed as Phase 1 A in December of 2016 were to address two issues; the physical condition of each building; and the operational condition of each facility. The objective of the assessment 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 during that phase was to complete a high level review of overall systems without getting into a full, invasive study of each piece of equipment. The result of that study included a long list of deficiencies and potential repair tasks at both facilities, and included rough order of magnitude costs. Whatcom County then selected the ten most urgent tasks for further study for the Jail building only. The Work Center has been omitted from the Phase 1 B scope. The list from Phase 1 A, is included for reference only as Appendix B under Tab K. In January of 2017, the team was given notice to proceed with Phase 1 B. The objective of this phase was to complete a more detailed, yet non-invasive, study of each of the tasks for the Jail only, and propose corrective actions (scope options) as well as total estimated costs. This evaluation includes visual observation of each piece of equipment, area, or material, analysis of the operation of those units, documentation of the existing condition, and recommendation (scope option) for repairs, or removal and replacement, as required to maintain the equipment in continued operation until the new jail facility can be occupied. In addition, the costs are further refined with the estimate in this phase to obtain a more detailed cost analysis to implement each task. The study began with 5 days of field surveys by the team members (listed below) for varying durations. Each team member was tasked to review and evaluate the equipment and materials related to their expertise. The design2 LAST team consisted of the following firms and disciplines: design2 LAST, inc.........................................................................................................Architecture, Project Manager (PM) Architects Rasmussen Triebelhorn (A-RT)....................................Criminal Justice Facility Design and Operations MENG Analysis(MENG).......................................................................................................................................Cost Estimator Hargis Engineers (Hargis).................................................................Mechanical, Electrical, and Security Engineering Tuazon Engineering (Tuazon) (sub to Hargis)......................................................................Fire Protection Engineer International Seismic Application Technology (ISAT) (sub to Hargis) ........ Seismic Bracing Design Engineer SCBC Engineers(SCBC).......................................................................................................................Structural Engineering Clevenger and Associates (Clevenger)...............................................Kitchen and Laundry Design and Operations Abbreviated firm names or acronyms listed in parenthesis may be used throughout the report. The result of those field surveys is included in detail in the following report. The report is divided into 8 tabbed sections. For ease of referencing back to Phase 1 A, we continue to use the task numbers initiated in the Phase 1 A report. Tasks 3 and 6 have been combined in one section as they both concern seismic bracing of mechanical and electrical systems. Tasks 9 and 10 have been combined as they both concern doors throughout the facility, task 9 is specific to commercial -type doors; task 10 is specific to detention -type doors. All others are separated into their own tabbed sections. 7/17/17 design2 LAST, inc 61 Building Assessment Studies and Cost Estimates TAB A for Capital Improvements at theJoil pg. 2 Whatcom County - Contract 201607005 - PHASE 1 B Executive Sum -- - Each task narrative is divided into three sections followed by the related drawings, schedules and/or cut sheets referenced in the text. The first section is a General Summary of the task, the second section details the Findings resulting from the field surveys, and the third section outlines Proposed Scope Options to correct the deficiencies found. Items of Note 1. We are aware that doing construction projects in an occupied jail facility poses logistical and security issues that must be fully addressed before any work is attempted. For all of the scope options identified in this report, the logistics of relocating inmates, staff and programs will pose an additional cost to the County that is not included in this estimate. The next phase of this work will include several meetings with the County and jail staff to identify which tasks you want to implement. As a part of that dialogue, identifying and planning the logistics for each task will need to be discussed so we can properly prepare the documents to address how they can be successfully accomplished. Along with that, the team, including the County, will identify the costs associated with our plan. As the County considers these scope options, we encourage you to think about what logistical issues will need to be addressed, and how the operational costs will add to the design and construction costs estimated and presented in this report. Keep in mind, combining all the tasks into one project will yield the greatest value, since the operational costs would be divided for tasks that can be completed at the same time. 2. The existing generator is loaded to its maximum available capacity. There are several tasks that require a new generator. In some cases, the cost for a new generator is included in the estimate, in some cases it is not. In each case, the generator recommended for that particular scope option has been sized for that option only, and the cost for that size generator is included in the estimate. Should the County decide to pursue multiple tasks where a generator is necessary, we would combine these items on one generator sized for all the connected loads. There will be some savings realized in doing that. Task Summary Tasks 3/ 6 - Lack of Seismic Bracing on Domestic Water Piping (3) and Heat Generating Systems (6) Per ASCE (American Society of Civil Engineers) 7-10, section 13.2, code compliant seismic design requires the design of the vertical (gravity) supports as weNtas the restraint (brace arms) components. The building equipment does not meet this code, althougb smay have met the code in force when the jail was designed and built. Field observations and plan revievv f,6vealed much of the structure was designed using precast hollow -core slabs, resulting in additional challenges and costs in bringing the bracing up to current code requirements. The current IBC (International Building Code) requires the use of anchors approved for cracked concrete conditions that meet the requirements of ACI-318 (American Concrete Institute) for post installed concrete anchors. Some destructive testing will be necessary to determine if the current supports meet this requirement. Destructive testing is included in the scope options listed below. For estimating purposes, the scope and cost included in this phase reflect the replacement of 100% of the vertical supports and restraint components. Due to the high concentration of utilities in small spaces with limited access, the ceilings would have to be removed prior to design and installation of seismic upgrades throughout most of the building. Should partial improvements or upgrades be undertaken; the roof mounted equipment, "Mechanical Tray", Boiler and Electrical rooms should be given priority. These areas house the most vital components of the Mechanical/ Plumbing/Heating/Electrical (MPHE) systems. 7/17/17 design2 LAST, inc Building Assessment Studies and Cost Estimates TAB A for Capital Improvements at the Jail pg. 3 Whatcom Count - Contract 201607005 - PHASE 1 B Executive Summa The team has identified two (2) potential scope options for this task. Scope Option 3/6-1) Seismically engineer and restrain the existing equipment, and any new equipment and the other MPHE utilities on the roof, in the mechanical tray, boiler, mechanical and electrical rooms. Scope Option 3/6-2) Seismically engineer and restrain the remaining deficiencies not corrected in Scope Option 3/6-1. Design Team Recommendations: We recommend not implementing either of these scope options. The building was not designed under current seismic code requirements, but likely met the code requirements at the time of its original design and construction. It is not cost effective to complete a full seismic analysis and upgrades for a building that is expected to be vacated in the next five -ten years. The logistics of implementing either or both of these scope options could require a multi -year and expensive process. Without addressing the building structural code deficiencies, completing a full seismic retrofit on the all equipment throughout the entire facility is not the best use of County funds or time. Task 4 — Multiple and ongoing failures of the domestic water distribution systems This task included investigating known locations where the domestic water distribution piping system is failing and identifying options to prevent future failures. The domestic cold water system enters the building in the basement mechanical room and passes through a backflow preventer assembly before being piped throughout the facility. Domestic hot water is created at 110°F by two gas fired tank type water heaters located in the basement mechanical room. Much of the existing domestic water piping system has been replaced on an as needed basis over the years.. In addition, staff had reported that inside the air handling unit's air tunnels, the bottom of the unit's casing are showing signs of rust. The field survey found no visible leaks in pipes or at the air handling units. The team has identified two (2) potential scope options for this task. Scope Option 4-1) Continue to monitor the domestic water system for leaks, water velocity noise, and water hammer. Scope Option 4-2) Install moisture eliminators. Design Team Recommendations: We recommend moving forward with both scope options 1 and 2. Our documents will be written such that an HVAC contractor, approved by the unit manufacturer, would install the moisture eliminator and fan motor replacement. Task 5 — Fire Sprinkler coverage does not appear to meet current code The facility is provided with fire sprinkler systems that provide partial coverage in the building. Wet -pipe and dry -pipe automatic sprinkler protection is provided in most office, storage, and egress paths. Only limited - coverage, manually -operated, deluge systems are provided in the offender housing areas. This does not meet current IBC and NFPA 13 requirements, which requires automatic sprinkler protection throughout all rooms, cells, and spaces. Replacement of the deluge systems with code -compliant wet -pipe sprinkler systems using detention (tamper -resistant) sprinkler heads would be required to meet current codes. While there are several other deficiencies noted, the lack of automatic sprinklers in the offender housing areas should be considered the highest priority. These areas present a high fire safety risk due to the high concentration of occupants and the restriction of free movement in the event of a fire. 7/ 17/17 design2 LAST, inc 63 Building Assessment Studies and Cost Estimates TAB A for Capital Improvements at the Jail pg. 4 Whatcom Count - Contract 201607005 - PHASE 1 B Executive Summer The team has identified three (3) potential scope options for this task. Scope Option 5-1) Provide new wet pipe sprinkler protection in the second and third floor housing units fed from the existing 6-inch standpipe risers in the stairwells. Demolish existing deluge systems. Scope Option 5-2) Extend wet pipe and dry pipe sprinkler protection to unsprinklered areas in the basement, first, mezzanine, and second floors. Scope Option 5-3) Maintenance and repair of other minor deficiencies throughout the building. Design Team Recommendations: We recommend moving forward with scope option 5-3 immediately. This will require the services of a certified fire sprinkler contractor to add and relocate sprinkler heads. Further discussion with the County and Jail staff is paramount to moving forward with options 5-1 and 5-2. As these are Life Safety issues, we recommend moving forward with design for both options 5-1 and 5-2. While we can complete the drawings and specifications for this work quickly, these two scope options are likely to span a multi -year construction period, due to the logistical challenges of relocating inmates and staff, and finding space for a contractor to do the work. There are many logistical issues to be identified, discussed and solved before any actual work can commence. Task 7 — Jail lacks a code compliant smoke evacuationsystem The facility currently does not have a smoke control system for the two story housing units on the west side of the building. Current code requires a smoke control system connected to the fire alarm system be installed to maintain a smoke layer 6 feet above a walking surface that forms a portion of a required egress system within the smoke zone. The facility has an evacuation procedure in place for relocating inmates in the event of a smoke or fire event in the building. The typical approach to providing smoke control in the housing units is to use independent mechanical exhaust smoke control system in each of the housing units. The team has identified two (2) potential, mutually exclusive, scope options for this task. Scope Option 7-1) Install a code compliant smoke exhaust system in each of the two story housing units to maintain the smoke layer 6 feet above the floor level of the upper cell. Scope Option 7-2) Install a smoke exhaust system in each of the two story housing units to maintain the smoke layer 3 feet above the floor of the upper cells. Design Team Recommendations: The design team has found several problems to installing a smoke control system and therefore recommends not implementing either option. First, scope option 7-2 is not code compliant, but is a temporary "band -aid" to mitigate smoke accumulation. Since it is not code compliant, we would not make a recommendation to fund and move forward with construction. Scope option 7-1 requires adding openings to the exterior roof and wall at the cells. Adding openings to the roof requires removing the 8' wide x 20' long hollow core concrete roofing panels above the housing unit one at a time, then replacing them with new cast -in -place concrete roof panels designed to fit in the same location. The make-up air openings above the existing cell windows in each of the lower level cells also pose structural complications. We can propose a design to cut these opening in the wall, but the wall would then have to be reinforced with shotcrete or concrete overlay along its entire length. While structurally possible, the enormous cost of these two issues alone, far outweighs the outcome for a facility that is planned to be vacated in 5-10 years. Installing electronic louvers that can open enough to bring in make-up air, may pose an insurmountable security breech. In addition, the cell doors on each of those lower level units would need to be automatically opened by the fire alarm control system during a smoke event. This security breech makes this project a non -starter for this system. 7/17/17 design2 LAST, inc 64 Building Assessment Studies and Cost Estimates TAB A for Capital Improvements attheJail pg, 5 Whatcom Count - Contract 201607005 - PHASE 1 B Executive Summa Task 8 — institutional Kitchen Equipment has reached the end of its useful life While some components of the kitchen equipment have been replaced over the years, many of the main components remain from the original construction. Commercial grade kitchen and laundry equipment, of high -end heavy duty quality can be expected to last 20 years in a traditional kitchen environment, less in an institution due to the abusive environment and extended operational hours. The team evaluated items that have exceeded their useful life, and also identified items that have an expected remaining life of less than five years, or are in need of repairs. The team has identified four (4) potential scope options for this task. Scope Option 8-1) Replace the following 6 items that have exceeded their useful life: dishwasher, clean dishtable, soiled dishtable, disposer at dishwashing station, worktable at dishwashing station, and walk -In shelving. Scope Option 8-2) Replace the following 3 items that have an expected remaining life of less than five years: (2) hot holding cabinets„ and the tilting braising pan. Scope Option 8-3) Repair the following items: walk -In cooler/freezer, disposer at pot wash (problem maybe related to the sanitary sewer pipe identified in Task 17), and Hot Top Range. Scope Option 8-4: Replace existing electrical panelboard serving kitchen equipment. Remove existing abandoned diesel generator system in the basement. Provide new 60kW packaged diesel engine generator Design Team Recommendations: We recommend moving forward with scope options 8-1, 8-2 and 8-3, with the caveat that the replaced equipment can be easily disconnected and moved to the new jail facility upon its completion. This may pose some operational challenges during the actual move. The timing to relocate the equipment would have to be carefully coordinated to minimize meal service disruption at both facilities during the transition. To potentially mitigate the time needed to move the new food service equipment from the current jail to the new facility, the county could contract with a food service company to provide temporary meal service until the equipment switchover could be completed. Task 9 and 10 — Doors in the facility are damaged and in disrepair and security door locks are failing, The majority of the commercial doors and frames are in functional condition, needing minor repair to extend the use of the door assemblies for an additional 5 to 10 years. The majority of the problems with the commercial doors were cosmetic and due to years of heavy use. The problems that came up the most were; disconnected closers on fire rated corridor doors, damage to the finish to about 12" above floor level, sticky locksets, and loose or missing smoke seals. The detention doors and associated detention hardware exhibit the anticipated wear and tear expected in a 35 year old jail facility. With few exceptions, the originally installed detention door hardware (including locksets, hinges, door position switches and door closers) have reached their useful life. Most of the cell doors and door hinges have been significantly damaged from inmate abuse. Virtually every cell door leaf was damaged as a result of inmates swinging the doors open until they were stopped by the cell front walls. All but a few of the detention door frames are in acceptable condition .The mechanical and electronic mogul key locksets and paracentric key locksets are still generally operational, although most are in need of cleaning and lubrication.. The team has evaluated every door opening and has identified options to replace or repair individual pieces of hardware or replace entire doors and frames. We have grouped the scope options by repairtype and identified the doors that fall into each of those categories for this task. 7/17/17 design2 LAST, inc 65 Building Assessment Studies and Cost Estimates TAB A for Capital Improvements at the Jail pg. 6 Whatcom Count - Contract 201607005 - PHASE 1 B (Executive Summa Scope Options 9-1 — 9-11) Replace/repair door hardware on commercial type doors Scope Options 10-1-10-12) Replace all detention doors at housing units, including door locksets, hinges and door position switches. Replace specific hardware pieces identified on other detention doors listed. Design Team Recommendations: We recommend moving forward with all the scope options listed under tasks 9 and 10. Operation of the detention cell doors is critically important, and damaged doors and lockset pose a direct security threat to the staff and ultimately, the community. Tab G details the list of repair/replacement items for specific doors, which are included in all the scope options. We have included our comprehensive list of the condition of each door in the door schedule attachment following the narratives under Tab G. Task 12 — Emeraencv Liahtina delay between power outage and emeraencv generator power ua Upon loss of normal utility power, the emergency (and other) lighting in the facility goes dark for approximately 10 seconds while the emergency generator system starts and transfers over to power the building's emergency electrical system. In a correctional environment, this delay can present significant safety and security concerns. Implementation of an emergency battery system would be a significant improvement over the existing installation. Areas within the jail such as dayrooms, sally port, corridors, and support spaces where offenders and staff mix should be considered the highest priority. The team has identified four (4) scope options for this task. Scope option 12-1 has been divided into two mutually exclusive methods to achieve the same end; the county can select one or the other. Scope Option 12-1 A) Provide UL924 listed central emergency lighting inverter/battery system and electrical panelboard to provide uninterrupted power to emergency lighting fixtures in critical jail areas Scope Option 12-1 B) Provide UL924 listed "bugeye" emergency lighting units with integral batteries in critical jail spaces Scope Option 12-2) Provide UL924 listed "bugeye" emergency lighting units with integral batteries in elevator cabs Scope Option 12-3) Provide UL924 listed "bugeye" emergency lighting units with integral batteries in exterior recreation areas Scope Option 12-4) Re -circuit existing lighting in the dormitory spaces to provide additional emergency lighting beyond the current single lamp "night lights". Design Team Recommendations: We recommend proceeding with scope options 12-1 B, 12-2,12-3, and 12-4 above. Scope option 12-1 A is a more permanent solution but the costs outweigh the benefit in a facility expected to be vacated in 5-7 years. Scope Option 12-1 B provides similar benefits at a lower cost. These projects should easily aid the jail operations for the next 5-10 years. Task 17 — Sanitary waste pipe in the basement recurrently clogs up The facility is provided with a traditional waste and vent system to meet the sanitary drain requirements of the plumbing fixtures in the building. The waste piping system connects drains from the upper floors together at the basement level in the ceiling space over the sheriffs offices before exiting the building. Investigation of the piping system involved looking at the known problem locations with the guidance of a facilities representative and discussing the symptoms of the issue, the frequency of the occurrence, any remedies that have already been attempted, and proposed solutions to the issue. Some of the issues were installation issues, while others appear to be operational issues caused by inmate behavior. 7/17/17 design2 LAST, inc Building Assessment Studies and Cost Estimates TAB A for Capital Improvements attheJail pg. 7 Whatcom Count - Contract 201607005 - PHASE 1 B Executive Summa The team has identified four (4) scope options for this task. Scope Option 17-1) Modify the sanitary drain from the kitchen to eliminate backups and promote water flow out of the building. Scope Option 17-2) Modify shower drains in the cells that are beginning to fail. Scope Option 17-3) Seal the floor of first floor restroom next to the shower room in the northeast corner of the building (Room 155 per as -built drawings) Scope Option 17-4) Modify the drainpipe in the clothes washing machine drain room and provide ventilation to the space to remove moisture and odors. Design Team Recommendations: We recommend proceeding with all four scope options. Scope options 17-1 and 17-5 are more complex and will require some logistically coordination to implement. Scope options 17-2, 17-3 and 17-4 are smaller projects and will affect only small areas of the facility. These will be less disruptive to operations and the benefits will outweigh the costs, even for a short term. Conclusion Our team understands the difficulties of accomplishing some of these options, but we also understand the necessity to promote ongoing operations of the facility until such time as the new Jail can be procured, designed, constructed and occupied. We look forward to working with the County to select and move forward with the scope options recommended in this report. We understand the urgency to get these underway and completed as soon as possible, and we are ready to move on to the next phase, completing design drawings and specifications for the tasks you elect to implement. The following table is a summary of the estimated project costs by task and includes a total projects cost and a total cost for the recommended projects. LEGEND and NOTES regardinq the following table: 7117117 design2 LAST, inc 67 Building Assessment Studies and Cost Estimates TAB A for Capital Improvements at the Jail pg. 8 Whatcom Count - Contract 201607005 - PHASE 1 B Executive Summa Task Scope Options Summary Description Cost 3/6 'eaaetraants fgt egfrit zrf the rof, �nj tc, fssti, 4 4 1 Continue to monitor the domestic water system for leaks, water velocity 621010 noise, and water hammer 4-2 Install moisture eliminators 155,025 5 Provide new wet pipe sprinkler protection in the second and third floor 5-1 housing units. Demolish existing deluges stems. 810,595 Extend wet pipe and dry pipe sprinkler protection to unsprinklered areas in 5-2 the basement, first, mezzanine, and second floors. 277,784 5-3 Maintenance and repair of other minor deficiencies throughout the building 23,316 8 Replace items that have exceeded their useful life: Dishwasher, Clean 8-1 Dishtable, Soiled Dishtable, Disposer at dishwashing station, Worktable at 132,342 dishwashing station, Ice Bin, and Walk -In Shelving. 8-2 Replace items that have an expected remaining life of less than five years: 98,311 (2) Hot Holding Cabinets, and the Tilting BraisingPan. 8-3 Repair: Walk-in Cooler/Freezer, Disposer at Pot Wash, and Hot Top Range. 4,465 Replace existing electrical panelboard serving kitchen equipment. Remove 8-4 existing abandoned diesel generator system in the basement. Provide new 245,655 60kW packaged diesel engine generator. [recommended only if another task requiring a new generator is implemented] 9/10 9-1 — 9-11 Replace/repair door hardware on commercial type doors. 387,009 10-1 — 10-12 Replace all detention cell doors, including detention hardware. Replace 1,356,116 specific hardware pieces identified on other detention doors listed. 12 1zn tit11xti1 orgy%;H s W a y y } yyy f 12-1 B Provide UL924listed "bugeye" emergency lighting units with integral 118,067 batteries in critical jail spaces 12-2 Provide UL924listed "bugeye" emergency lighting units with integral 5,581 batteries in elevator cabs i 2 3 Provide UL924listed "bugeye" emergency lighting units with integral 6,945 batteries in exterior recreation areas 12-4 Re -circuit existing lighting in the dormitory spaces to provide additional 45,26? emer ency lighting beyond the current single lamp "ni ht lights". 17 17-1 Modify the sanitary drain from the kitchen to minimize backups and prevent 78,877 water from flowing toward the cleanout. 17-2 Modify shower drains in the cells that are beginning to fail. 118,563 17-3 Seal the floor of first floor restroom next to the shower room in the north 13,072 east corner of the building (Room 154 per as -built drawings) 17-4 Modify the drain pipe in the clothes washing machine drain room and 39,468 provide ventilation to the space to remove moisture and odors. TOTAL RECOMMENDED SCOPE OPTIONS 3,978,468 TOTAL ALL SCOPE OPTIONS 9,853,442 7/17/17 design2 LAST, inc t�� Building Assessment Studies and Cost Estimates for Capital Improvements at the Jail M. Whatcom Count - Contract 201607005 - PHASE 1 B Executive Summa Legend The following labeling criteria are used to identify photos, cut sheets, drawings and schedules in the document. Attachment Type Example: Identifier or Discipline* Task Number Scope Option Number Sequence or Page Number Photos Figure 04.03 Figure 04 03 Cut Sheets Figure 12.02.01 Figure 12 2 01 Drawings M17.03.01 M (mechanical) 17 3 01 Schedule A09.01.03 A (architectural) 09 1 03 * Disciplines: A (architectural); SR (seismic restraint; E (electrical); M (mechanical/plumbing); FP (fire protection); K (kitchen) 7/17/17 design2 LAST, inc • • WHATCOM COUNTY COUNCIL AGENDA BILL NO. M l 746R CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Various See "Summary" Below Division Head: Dept. Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT: Departmental Updates to Council ATTACHMENTS: 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.) Council Reporting Schedule - 2017 2/21/2017: Public Works, Health & Safety - Public Works 3/7/2017:: Finance & Admin Services - HR & Finance / Public Works, Health & Safety - Sheriff's Office 3/21/2017: Finance & Admin Services -Info Technology - Natural Resources - WSU Ext. 4/4/2017: Planning & Development - PDS 5/2/2017: Public Works, Health & Safety - Public Defender 5/16/2017: Finance & Admin Services - Finance / Public Works, Health & Safety - District Court Probation 5/30/2017: Natural Resources - Parks & Recreation / Finance & Admin Services - Prosecuting Attorney 6/13/2017: Public Works, Health & Safety - Juvenile Court 6/27/2017: Public Works, Health & Safety - Public Works 7/11/2017: Finance & Admin Services - Facilities 7/25/2017: Public Works, Health & Safety - District Court 8/8/2017: Finance & Admin Services - IT 9/12/2017: Public Works, Health & Safety - Public Works / Finance & Admin Services - HR/Finance 9/26/2017: Planning & Development - PDS 10/10/2017: Public Works, Health & Safety - Superior Court 10/24/2017: Natural Resources - Parks & Recreation 11/8/2017: Public Works, Health & Safety - Public Works / Finance & Admin Services - Facilities 11/21/2017: Finance & Admin Services - Finance 12/5/2017: Finance & Admin Services - IT 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. wt WTIATC"Xf rf)TTNTV rn1"WrTT, AGENDA BILL NO. 2017-246 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: '�� l R 1--� (� LG V E � 8/8/17 Intro Division Head: 9/I2/17 Finance Committee; AUG 01 2017 Council Dept. Head: T@� WOM COUNTY !! �3i�� ° '�I COUNCIL Prosecutor: 7� r �y / Z 7 Purchasin /Bud et: g g Executive: ' TITLE OF DO MENT. Ordinance Establishing the Triage Center Expansion Fund And Establishing A Project Based Budget For The Triage Center Expansion Project ATTACHMENTS: Ordinance and Exhibit A 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.) Request establishes the Triage Center Expansion Fund and requests a project based budget for Phase I of the Triage Center Expansion project in the amount of $300,000. COMMITTEE ACTION. COUNCIL ACTION. 8/8/2017: Introduced 6-0, Mann absent Related County Contract #. Related File Numbers: Ordinance or Resolution Number. 71 PROPOSED BY: Executive INTRODUCTION DATE: 8/8/17 ORDINANCE NO. ORDINANCE ESTABLISHING THE TRIAGE CENTER EXPANSION FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR THE TRIAGE CENTER EXPANSION PROJECT WHEREAS, the current Triage Center facility does not have enough capacity to meet community needs, and WHEREAS, the County is now ready to begin Phase I of the Triage Center expansion project, to include plan design, architectural services, and public outreach efforts, and WHEREAS, the County has received a $2,500,000 grant from North Sound Behavioral Health Organization in support of this project, and WHEREAS, Section 6.80 of the Whatcom County Home Rule Charter allows for project - based capital budget appropriation ordinances that lapse when the project has been completed or abandoned or when no expenditure or encumbrance has been made for three (3) years, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a new fund is hereby established titled Triage Center Expansion Fund. This fund shall be used to account for the revenues and expenditures of the capital project mentioned above, and BE IT FURTHER ORDAINED by the Whatcom County Council that the Triage Center Expansion Fund is approved with a Phase I project budget of $300,000 as described in Exhibit A. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk jAP2PRVED AS TO F M: vil Deputy Prosecutor , 2017 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: 72 Supplemental Budget Request Status. Pending Health Human Services supp7 lv # 2330 Fund Cost Center Originator. Patty Proctor Expenditure Type: One -Time Year 1 2017 Add'i FTE El Add'I Space ❑ Priority 1 Name of Request: Phase I - Triage Center Expansion Depap �e'nt'HxeLa'd Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4334.04605 NSRSN Grant ($2,500,000) 6190 Direct Billing Rate $20,000 6630 Professional Services $280,000 Request Total ($2,200,000) la. Description of request. The North Sound Behavioral Health Organization has provided $2.5 million to Whatcom County for expansion of the existing triage facility. These funds will be combined with other state and local funding to complete the future construction. This funding request is intended to support pre -construction activities to include an update to the design plan, architectural services, and public outreach efforts. 1b. Primary customers: County staff and the community members impacted by the Triage Facility construction 2. Problem to be solved: The current Triage facility has 13 total beds, five for mental health crisis stabilization, and eight for alcohol and/or drug detox. The facility is often full, unable to meet the demand of the community. First Responders often come into contact with individuals who would be better served by the Triage facility as opposed to jail or the emergency department. Due to insufficient number of beds, First Responders are often unable to access the services at the Triage facility for these individuals. Expansion of the Triage facility will increase the number of beds to 16 of each type for a total of 32, thereby providing accessible alternatives to jail or the emergency department. 3a. Options /Advantages: Phase I of the Triage Facility expansion will be fully supported by these funds, and set the stage for the Phase II construction process. 3b. Cost savings: No local county funds will be used for this request. 4a. Outcomes: A final architectural pre -design with construction cost estimates will be completed and used to inform the public of the construction and Triage expansion project. 4b. Measures: 5a. Other Departments/Agencies: The county Administrative Services Facilities division 5b. Name the person in charge of implementation and what they are responsible for. Anne Deacon, Human Services Manager, will oversee programming elements and the Facilities division will oversee pre -construction activities Tuesday, August 01, 2017 Rpt: Rpt Suppl Regular 73 Supplemental Budget Request Status: Pending Health Human Services supp'I gyro # 233o Fund Cost Center Originator: Patty Proctor 6. Funding Source: 100% of the funds supporting this request come from an external source, the North Sound Behavioral Health Organization. Tuesday, August 01, 2017 Rpt: Rpt Suppl Regular 74 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-247 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 26 (� � E (0 Lz 1 j� � V E AUG 01 2017 WH T COUNTY COUNCIL 818117 Intro Division Head: 9112117 Finance Committee; Council Dept, Head: Prosecutor: 7 a� 7 I Purchasing/Budget: Executive: 0/ TITLE OF DOCU T. 2017 Supplemental Budget Request #10 ATTACHMENTS. Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #10 requests funding from the General Fund. 1. To appropriate $125,253 in Non -Departmental to fund Public Services CDBG program from grant proceeds. 2. To appropriate $32,000 in Health to fund food handler test fees and cost adjustments. From the Public Utilities Improvement Fund. 3. To appropriate $40,000 to provide additional funding for Council chambers AIV improvement project. COMMITTEE ACTION. COUNCIL ACTION. 8/8/2017: Introduced 6-0, Mann absent Related County Contract #: I Related File Numbers: Ordinance or Resolution Number: PROPOSED BY: Executive INTRODUCTION DATE: 8/8/17 ORDINANCE NO. AMENDMENT NO. 10 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 General Fund Non -Departmental 125,253 125,253) Health 32,000 (32,000) Total General Fund 157,253 157,253) Public Utilities Improvement Fund 40,000 1 - 40,000 Total Supplemental 197,253 1 (157,253)1 40,000 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPR ED AS TO t7F ivil Deputy Prosecutor 01111VA WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUGDGET\SUPPLS\2017_Suppl\Supplemental #10-2017.docx WHATCOM COUNTY Summary of the 2017 Supplemental Budget Ordinance No. 10 Department/Fund Description Increased (Decreased) Expenditure (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease General Fund Non -Departmental To fund Public Services CDBG program from grant proceeds. 125,253 (125,253) - Health To fund food handler test fees and cost adjustments. 32,000 (32,000) - Total General Fund 157,253 (157,253) Public Utilities Improvement Fund To provide additional funding for Council Chambers A/V improvement project. 40,000 40,000 Total Supplemental 197,253 (157,253) 40,000 77 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 IrA To: Whatcom C From: Jack Lout Subject: Budget S Date: July 19, 201 cC,OM Cp 3ZP Gym SH IN G10 Council Members I, Opportunity Council Grant Jack Loms County Executive The attached supplemental request for $125,253 is for the purposes of establishing budget authority in order to pass -through an available grant from the Washington State Department of Commerce to the Opportunity Council. This grant was applied for and authorized by the County Council in March, and has been granted for the delivery of direct services by the Opportunity Council as the local community action agency. This grant is a HUD formula grant, issued annually, and passed through Dept. of Commerce for Community Development Block Grant Programs, for which Opportunity Council qualifies for this financial assistance. Whatcom County has been designated by the Dept. of Commerce as the grantee for the purpose of contracting with the Opportunity Council as a subrecipient for this grant award of $125,253. This funding is intended to support new or increased levels of service to low- and moderate -income level homeowners and residents in Whatcom, Island and San Juan Counties for a one year period. Whatcom County has executed a contract with the State Department of Commerce for this funding. Council's authorization for this supplemental request will result in the execution of a Subrecipient Agreement with the Opportunity Council to implement the designated services noted herein. 78 Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 Supplemental Budget Request Status: Pending Executive Supper 0 4 2329 Fund 1 Cost Center 4283 Originator. Suzanne Mildner Expenditure Type: One -Time Year 1 2017 Add'1 FTE ❑ Add'I Space ❑ Priority 1 Name of Request: OppCo Public Services CDBG Grant 2017-18 1 X 7 -/ 9-/7 Department Hea Signature (R quired on Hard Copy Submission) Date Costs: Object Object De 4333.1422 HUD-CDBG 6610 Contractual Services Request Total Amount Requested ($125,253) $125,253 $0 la. Description of request. This request is for grant revenue from the Washington State Department of Commerce, for pass through to the Opportunity Council as subrecipient. This is an annual formula grant called CDBG Public Services, for delivery of direct housing services to low- and moderate -income residents in Whatcom, Island and San Juan Counties. 1b. Primary customers: Low- and moderate -income residents of Whatcom, Island and San Juan Counties 2. Problem to be solved: This grant must be accessed through the local government, and will provide the following public services: community outreach, resource referral, client housing education, energy conservation education and other housing services. 3a. Options / Advantages: N/A 3b. Cost savings: N/A 4a. Outcomes: Accomplish HUD's objective of increasing the availability and accessibility of housing public services. This is an annual formula grant and the contract period is July 1, 2017 to June 30, 2018. 4b. Measures: Opportunity Council will submit ongoing reports regarding service delivery and numbers of persons served. A final report will be issued at grant closeout. 5a. Other Departments/Agencies: Opportunity Council is our local action agency, and 3 community resource centers in San Juan County. 5b. Name the person in charge of implementation and what they are responsible for. Sheri Emerson, Associate Director of Opportunity Council, is responsible for overseeing the programming services which benefit from this grant. 6. Funding Source: Federal grant from HUD through the State Department of Commerce's CDBG Program Tuesday, July 18, 2017 Rpt: Rpt Suppl Regular 79 Supplemental Budget Request Status: Pending Health Environmental Health suK,p r rr� 2s Fund 1 Cost Center 652200 Originator. Patty Proctor Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Food Handler Test Fees and Cost Adjustment L x - --- --- ---- ---- ----- - ------ ----- --- Department Head Signature (Required on Hard Copy Submission) Date Costs: LObject 4321.2160 6610 Request Total Object Description Food Handler Permit Contractual Services Amount Requested ($32,000) $32,000 $0 la. Description of request: This request is to address a change in the posting of the food handler permit testing fee. The change records the fee as the gross amount and records the amount paid to Tacoma Pierce as an expense. 1b. Primary customers: 2. Problem to be solved: Tacoma Pierce County has been providing the online testing for food handler cards for several years We had been recording the revenue received by the County from the food handler cards as a net of the revenue minus Tacoma Pierce fee. We recently changed the recording to gross amount of receipts as revenue and a recording of the portion paid to Tacoma Pierce as an expense. This budget supplemental reflects the change in recording practice. This request is to establish the budget for the expense. 3a. Options /Advantages: Accounting practices require the change to properly account for revenue and expenses. 3b. Cost savings: no change in net cost. 4a. Outcomes: Entries for the fee will be recorded as required. 4b. Measures: 5a. Other Departments/Agencies: No impact. This is only a change in the recording of the transaction. 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Fee for food handler testing. Mon (lay, July 24, 2017 Rpt: Rpt Suppl Regular 80 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 July 25, 2017 Z MTZM COUNCILMEMBERS Barbara Brenner Rud Browne Barry Buchanan Todd Donovan Ken Mann Satpal Sidhu Carl Weimer JUL 2 5 2017 JACK LOUWS TO: Jack Louws, Whatcom County Executive COUNTY EXECUTIVE Whatcom County Council FROM: Dana Brown -Davis, Clerk of the Council'" SUBJ: Council Chambers Audio/Visual Improvement Project Requested Action: The Council Office is requesting Council consideration and approval of the attached 2017 budget supplemental for improvement to the Council Chambers audio/visual (AV) system. Background and Purpose: The current AV system is outdated and does not allow for consistent, quality audio and visual interaction in the Council Chambers. The current screen is not easily viewed by all audience members and the sound system does not provide clear, consistent or quality sound. Improving on these features will help to encourage and illuminate Council and public interaction taking place during meetings in the Chambers. Funding Amount and Source: The Council approved $40,000 to improve the Chambers AV system in the 2017 County budget. Stakeholders met with Dimensional Communications to establish the scope of the project. After review and evaluation of the current system, Dimensional Communications provided a project estimate of $53,000. The project estimate did not include tax, engineering cost, bond, or contingency. Those additional costs are estimated to be $27,000. The $53,000 quote and the additional $27,000 will bring the estimated cost to approximately $80,000. The additional funding request for this project is $40,000. We are asking for budget authority to complete this project through the Rural Sales Tax; EDI Fund. Please contact Dana Brown -Davis at extension 5015 if you have any questions or concerns regarding the terms of this agreement. Supplemental Budget Request Status: Pending Non -Departmental supp7 ID # 2321 Fund 332 Cost Center 332214 Originator. Tawni Helms Expenditure Type: One -Time Year 1 2017 Add'1 FTE ❑ Add'1 Space ❑ Priority 1 Name of Request: Council Chamber Improvements Depq, ment Head Signature (Required on Hard Copy Submission) Costs: Object Object Description Date Amount Requested 7350 Buildings & Structures $40,000 Request Total $40,000 ". 1a. Description of request: Council approved $40,000 for the Council Chambers Improvement Project to make repairs and upgrades to the audio system as well as purchase and install new projectors and screens. To accomplish this Facilities staff met with the Council Office staff, Executive Office staff and Dimensional Communications to establish the scope of the project. The vendor reviewed/evaluated the current system to determine the most efficient and cost effective path forward to improve the current audio visual system. Dimensional Communications provided a project estimate of $53000. The project estimate did not include tax, engineering cost, bond or contingency. Those additional costs are estimated to be at $27,000. The $53,000 quote and the additional $27,000 will bring the estimated cost to approximately $80,000. The additional funding request for this project is $40,000. 1 b. Primary customers: Council and the public. 2. Problem to be solved: The current AV system is old and does not allow for consistent, quality audio visual interaction in council chambers. The current screen is not easily viewed by all audience members and the current speakers do not provide clear, consistent or quality sound. Improving on these features will help to encourage and illuminate council and public interaction taking place during meetings in the council chambers. 3a. Options /Advantages: An expanded proposal was submitted during the budget process that included a production studio installation (media room). The project has been appropriately scaled to include only the current AV improvements necessary to facilitate information sharing and interactive dialogue in council chambers. The project cost was substantially reduced and will accommodate the immediate needs to improve the audio visual capabilities in the council chambers. 3b. Cost savings: n/a 4a. Outcomes: The audio visual capacity will be improved with the relocation and replacement of the public video projection screen above and behind the dais along with the addition of a new screen on the west wall for better council viewing. Additonally, new high quality independent speaker controls will be installed for greater coordination and responsiveness to public needs within the council chambers and the rotunda area. 4b. Measures: The system will be upgraded to a complete, safe and reliable high quality independent audio video system for improved public interaction and council viewing. Wednesday, June 21, 2017 Rpt: Rpt Suppl Regular 1-M Supplemental Budget Request Status: Pending Non -Departmental Supp'l io 9 2321 Fund 332 Cost Center 332214 Originator: Tawni Helms 5a. Other Departments/Agencies: Facilities will oversee the project. Work will begin between regularly scheduled council meeting dates. The work may impact District Court which uses Council Chambers for jury orientation. Council Office staff will work with District Court to mitigate any potential conflicts and provide adequate notification so arrangements can be made to accommodate the jury training in another location. 5b. Name the person in charge of implementation and what they are responsible for: Facilities, Mike Russell 6. Funding Source: EDI - Rural Sales Tax Wednesday, June 21, 2017 Rpt: Rpt Suppl Regular n 6) 2 rm E o- r rD c m a N fD �• � () m , m x s m c fl n n r o O m w D � � Cl o o �_ rt v m , °i r`"o nO nOi d "0 C re ro p (D n rt fD n 3 3 __ O 00 v p O p d 3! --; O O O d= N Q '+ 2 �. r�-r N D N CD �` = p (�D C �Nr O A O m v O Ul x C O N � -< to 0 .. N -' 3 m m lD n0i O O Q C w v O N N N ^ O O O O v to O C O i. oL 3 r�r 0 �' v nr Qq Q M a 00 < n' v v (D ~? o v N c v [l O N a. n 0) c •. S O O j Q 00 O O- C to h ((DD CL O X 3 N \ ((D 7J (DD rNy, O O n Q .�-r N a Q vOi v�i p c "6 _O N t17 (D �• O� n (D in X, �'. rpr VOQ r�-r Q ? Q (D 00 �. _n n Q- N O X -O N cQD �. 0) (D O O aQ O UO 0 r=r (Dp. �-^ N O 'O 7 O O vOi O N v N s '"�' N W � Op N v 0 O O O --1 ' to M N �' N O O ;' N C rD rD O' (MD O� O -1 TN 7 vOi vfDi fl '_"' c a) '00 �' Q0 j O 0 rD w CL rD rD p• CDrr, v O CD d in v v, Q O O- O O (D 0 < 3 C) n 7 Q O' (D w N e-r 0 7 N �o 5' -' .p poj rD fll 0 41 Q O fD 00 0 Q •o N (D N N CL e-1• 0 _ — N 0- OJ OQ r N ,nr (�D O N O S v < o p v� O- 0 = O- rD -O p N -s O �• (D Q Q cr W rD n cr d I ^ S Q 0 VfiA qtn {nh tAto In O O c O_ lD O : W N O Ul N In N 4�1 O O N Ul Ol W O O O O O O O O O 00 O O O O O O O O Ul 0 O 0 O O �•* 00 O O O O O O O O O O 0 0 O O O O O O O O O O O O O O in ij)- O 0 LA C1 O c G N A w 4h Ul W Ul Ul F, Ul N Ul CD 00 O O N P O O O N O O O O O O O O O O O O O O O O O O O O GO O O O 00 O O O O O O O O O CD O 00 CD O in 'Vl. tA ((DD N W N � 00 WO WO t�Jl lJl Ui O Ul In UWl O O O O O O O O O O O O O O O CD O O 0 0 O O O O O O O O O 00 CD O lD d N *J od 00 O O ml 2017-258 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Finance/Board Originator: JNT 8/11/2017 I,FR E / I V E jf � f i 1 �( September 12, 2017 of Supervisors Division Head: %�-°�. i 017 l � /�� 0/ 17 De t. Head: �ij' WHATCOM COUNTY COUNCIL Prosecutor: Orb 1 /17 Bb 8/16/2017 Purchasing/Budget: AN °' 14 Executive: TITLE OF DOC E Lower Mainstem Nooksack River Salmon Habitat Assessment ATTACHMENTS: 1. Contract 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 with Cramer Fish Sciences is to conduct a Lower Mainstem Nooksack River Salmon Habitat Assessment. The assessment will identify salmon habitat restoration needs and priorities and will support integration of salmon recovery into the Comprehensive Flood Hazard Management Plan update. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. V2.0 WHATCOM COUNTY Public Works Dept, 322 N. Commercial St., Suite 120 Bellingham, WA 98225-4042 v2.o Ca0m C0 oz �SHINr MEMORANDUM Jon Hutchings RECEIVE'rector AUG 31 2017 JACK LOUWS TO: The Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Directorl-14 FROM: Paula Harris, River & Flood Manage� ,. Gary Stoyka, Natural Resource Manage RE: Contract for Lower Mainstem Nooksack Salmon Habitat Assessment DATE: August 29, 2017 Enclosed are two (2) originals of a contract for the Lower Mainstem Nooksack Salmon Habitat Assessment between Cramer Fish Sciences and Whatcom County Flood Control Zone District for your review and signature. ■ Background and Purpose The River and Flood Division has initiated an integrated planning process in support of the Lower Nooksack River Comprehensive Flood Hazard Management Plan update. The planning process will examine flood risk reduction, salmon recovery, and floodplain agriculture needs and objectives to produce an integrated floodplain management plan. The habitat assessment will fill data gaps identified in the WRIA 1 Salmonid Recovery Plan (2005) and identify habitat restoration needs and priorities for the mainstem Nooksack River from Deming to Bellingham Bay. The work will inform the flood plan update process by helping to identify mutually beneficial project opportunities, as well as areas where objectives for fish, flood, and/or agriculture potentially conflict and where additional work will be needed to find mutually beneficial outcomes. ■ Funding Amount and Source This contract is for $225,238 and the project is included in the approved 2017 and draft 2018 River & Flood budgets. This contract is fully funded by a salmon recovery grant (WCC#201707005). Please contact Paula at extension 6285, if you have any questions or concerns regarding the terms of this agreement, Encl. 0 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET � ® y . 0 Originating Department: Public Works Division/Program: (i.e. Dept. Division and Program) River & Flood Contract or Grant Administrator: John N. Thompson, Sr. Planner Contractor's / Agency Name: Cramer Fish Sciences Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ® No ❑ If yes, Whatcom County grant contract number(s): WCC#201707005 Is this contract the result of a RFP or Bid process? Contract Yes ® No ❑ If yes, RFP and Bid number(s): 17-18 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 $ 225,238 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 with Cramer Fish Sciences is for a Lower Mainstem Nooksack River Salmon Habitat Assessment. The assessment will identify salmon habitat restoration needs and priorities for the Nooksack River from near Deming downstream to the delta and will support integration of salmon recovery into the Comprehensive Flood Hazard Management Plan update Term of Contract: September 13, 2017 Expiration Date: June 30, 2019 Contract Routing: 1. Prepared by: John N. Thompson gate: August 11, 2U 1 / 2. Attorney signoff.. Daniel L. Gibson Date: 08111117 3. AS Finance reviewed: bbennet Date: 08/17/17 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: 8 3 1 •-17 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: v2.o 30 N On m CONTRACT FOR SERVICES Between Cramer Fish Sciences and Whatcom County Flood Control Zone District Whatcom County Contract No. .61 io. Lower Mainstem Nooksack Habitat Assessment Cramer Fish Sciences, 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. -!to to 8, Exhibit A (Scope of Work), pp. 9 to 17, Exhibit B (Compensation), pp. 18 to 19, Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 13th day of September, 2017, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30th day of June, 2019. The general purpose or objective of this Agreement is to: assess current salmon habitat conditions and identify habitat protection and restoration needs and priorities for the lower mainstem Nooksack River and provide technical support to the Comprehensive Flood Hazard Management Plan update process on fish issues, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 225,238, 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,90Vday of RVG�Ll f r , 20 . CONTRACTOR: Cramer Fish Sciences Phil oni, Vice President STATE OF WASHINGTON E*1 COUNTY OF King On this"ay of 4 d 20 before me personally appeared T11111-IP "IV/ to me known to be the 1/lCe d��'-ai4 title) of C✓&Vy, I &i (Company) 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 FATIMA DEL ROSARIO1` My commission expires �I�� Notary Public State of Washington FMy Appointment Expires Aug 31, 2020 Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 1 WW WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT: Recommended for Approval: 30 /17 Jon Hutchings Public Works Department Director Date Approved as to form: a ' o/3 Ii Daniel Gibson Chief Civil Deputy Prosecuting Attorney Date 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 , 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: Cramer Fish Sciences Raymond Timm, Ph.D., Lead Investigator Address: 112512th Avenue NW. Suite B-1 Issaquah, WA 98027 Mailing Address: Same Contact Name: Raymond Timm Contact Phone: 206.960.4386 Contact FAX: N/A Contact Email: ray.timm@fishsciences.net Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 2 :• GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: 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 fee schedule set forth in Exhibit "B." 21.1 Taxes: Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 3 KE The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including; but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 4 91 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 - $500,000.00 per occurrence; • General Liability & Bodily injury- $1,000,000.00 per occurrence. 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. A Certificate of insurance that also identifies the County as an additional insured on the commercial general liability coverage is attached hereto as Exhibit "C". The required insurance coverage 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. 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 5 92 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 and Flood Manager 322 N. Commercial St., Suite 120 Bellingham, WA 98225-4042 360.778.6285 Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 6 93 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 4049: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 7 92 Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 8 95 EXHIBIT "A" (SCOPE OF WORK) Lower Mainstem Nooksack Habitat Assessment Cramer Fish Sciences August 22, 2017 The overall purpose of this project is to assess and characterize salmonid habitats in the lower Nooksack River corridor within the historic floodplain from the South Fork confluence (—RM 36.5) near Deming downstream to Bellingham Bay. The information produced will be used by WRIA 1 salmon recovery partners and floodplain managers to: o Refine understanding of habitat capacity of floodplain and mainstem habitats important to juvenile Chinook and other salmonids in the study area, o Identify and prioritize habitat protection and restoration strategies, o Identify information that is needed to support future Chinook life cycle model or monitoring work and WRIA 1 salmonid monitoring and adaptive management planning, and o Evaluate the impacts of future flood risk reduction actions on the productive capacity of habitats used by chinook or other salmonids. Successful multi -objective river corridor management requires adequate information to assess past, current and anticipated actions relative to natural processes and linkages with aquatic resources and ecosystem services. This scope of work (SOW) lays out specific details about tasks, work to be done to accomplish these tasks, expected timelines, deliverables, and budget. The anticipated schedule is dependent on a September 13 start date. If the starting date is different, some deliverable dates may need to be adjusted. The project will be undertaken in two phases. Phase I will involve literature review, data compilation, gap analyses, and begin field verification of fish use by species and life stage. During Phase II the team will integrate data sources from Task 1. These combined data will be used to predict the frequency and duration with which various floodplain habitats (determined in Phase I) are connected with mainstem habitats. Overall goals for this SOW are to: o characterize salmonid habitat quantity and quality relative to historic conditions; o characterize salmonid distribution and use through the year relative to historic conditions; o identify limiting habitat conditions, including access, habitat availability and quality, water quality, and flow conditions; and o Provide specific measures by which the habitat benefits of existing or potential floodplain management and habitat restoration strategies may be evaluated. Phase I Data Compilation During Phase I our team will work with Whatcom County and other stakeholders to compile and review data on fish use, distributions of habitat types including GIS datasets, reports, and other relevant information. Building on previous work describing fish use, habitat types, and conditions in the north and south forks of the Nooksack River above the forks, we will incorporate data and analyses from the ongoing Lower Nooksack Geomorphic Assessment (GA). The historical and contemporary fluvial and riparian conditions have been characterized across a wide range of variables important to establish the geomorphic context for the system, and defined important factors that control habitat conditions for fish. We will use the same study area (Figure 1) that has been defined by the GA to define the spatial extent of the Salmon Habitat Assessment (SHA). The spatial arrangement of habitat types throughout the lower Nooksack River will be stratified consistent with the GA study area and will form the basis for the fish sampling design. Below are specific tasks. Deliverables and schedule for both phases of work are listed at the end of this scope of work. Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 9 Figure 1. Reach map for Lower Nooksack River. Nine reach breaks are consistent with those used in the Geomorphic Analysis. Task 1.1 Develop and summarize life history models for focal species Under this task we will summarize life history of species of interest, including spatial extents based on species and life stage. This includes developing summary tables of potential habitat types needed for each species and lifestage for the study area and proposed metrics by which habitat types would be evaluated. Deliverables Presentation to the WRIA 1 Salmon Recovery Staff Team (SRST) that describes the literature review and gap analysis, and how those two elements inform the study design. This presentation is expected to be integrated with a work session with the SRST and other local experts to review existing fish distribution maps, gather additional anecdotal fish distribution information, and begin the compilation of a comprehensive list of relevant habitat and fish use data sources. The meeting will be facilitated by the Whatcom County Flood Control Zone District (FCZD). Task 1.2 Compile fisheries studies and existing data sources. For this task, we will compile and update existing information on fish distribution, life history needs and habitat use. This will involve literature review and interactions with WRIA 1 Salmon Recovery Staff Team, and other local Tribal, County, State and Federal experts. Habitat types evaluated in this study will be consistent with those defined in previous work in the north and south Fork Nooksack reach assessments, or as determined to be most useful by WRIA 1 Salmon Recovery Staff Team and other stakeholders. Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 10 M Literature and studies reviewed will include published studies, government reports, unpublished datasets, and other sources of information on the distributions and habitat requirements of: • Early Chinook • Fall Chinook • Winter steelhead • Summer steelhead • Bull trout • Chum • Coho and other salmonids and fish of interest as feasible In addition to fisheries studies we will integrate historical and modern data sources related to hydrology, hydraulics, geomorphology and other relevant physical parameters. We will coordinate with the FCZD, the GA investigators, and the WRIA 1 Salmon Recovery Staff Team to compile existing GIS data sources as available which may include: o LiDAR-derived digital elevation model merged with Bathymetry model o Hydraulic models and derivative data products o Estimated age and composition of riparian stands o Substrate o Bankline migration rates and patterns o Evidence of pre- 1880's channel and floodplain condition o F000dplain connectivity and associated geomorphic processes o All available aerial photography and data derivatives. Deliverables Brief technical memorandum summarizing findings and presenting the proposed field sampling plan and schedule. The draft memorandum information will be presented to the SRST in a meeting to receive input on the memorandum and field sampling plan and schedule and to confirm the anticipated level of effort for each of the species listed above. Task 1.3 Draft Synthesis Using the above information, we will summarize known fish use by each life stage for each reach and present preliminary findings from the early field sampling results. This task will be accomplished through a literature review (described above) consultation with local experts, visual field surveys, and eDNA analyses. Upon completion of this task we will solicit review and input by Whatcom County, Lummi Nation, Nooksack Tribe, WDFW, and other stakeholders to identify data gaps. We will then use the habitat summary and stakeholder review to refine and focus field studies to resolve identified data gaps. Recommendations will be given to the SRST on filling important information needs that are beyond the scope of this project but which will support future chinook life cycle modeling or habitat monitoring and adaptive management plan development and implementation. 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 geodatabase. Deliverables Technical memorandum presenting findings from Task 1.1 and 1.2. Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 11 Task 1.4 Field Surveys for Fish Knowledge of fish distributions, specific areas (i.e., tributary, floodplain, main channel), and habitat types will be used to define a stratified sampling design. Field sampling will be implemented consistent with this design. For this task we will conduct limited field verification of fish use in targeted habitats where data is lacking to provide a preliminary understanding of current habitat utilization. Depending on sampling approach, we will report on species and life stage encountered. In some instances, environmental conditions (e.g. high turbidity due to glacial runoff) may necessitate methods that only allow for presence/ absence determinations through the use of eDNA. In other situations where visual estimation methods are appropriate, we will provide abundance, species, and size of fish observed in respective habitat types where it is possible. In addition, visual estimation methods will be used to determine habitat types and areas, as well as some qualitative assessments such as LWD and riparian function. Field surveys for fish will potentially consist of variable methods that are to be determined by local field conditions. Owing to seasonal changes in connectivity between channel and floodplain habitat areas, we will perform fish surveys stratified according to sub -reach and habitat type (i.e., mainstem river, floodplain, and floodplain tributary) during every month of the year. Sampling methods could include visual walking surveys, snorkeling, eDNA, or other approaches dependent on existing sampling permits. Where methods allow for quantification of instantaneous fish abundance that will be reported. However, in some situations such as described above, conditions may limit reporting to presence or absence by sampling strata. Deliverables Summary memorandum presenting findings from field surveys and a Stakeholder presentation. The County will coordinate with the Contractor to receive the memorandum so that it can be distributed with an agenda one week prior to the presentation to the SRST. The meeting will be scheduled by the County in consultation with the Contractor. Task 1.5 Revised Synthesis Under this task we will update Tasks 1.1 through 1.4 using information from Task 1.5 to develop a final assessment of current habitat use and distribution in the river corridor. This will serve as the foundation for all Phase II work. Deliverables Technical memorandum presenting findings from Task 1.1 and 1.2. Electronic copy of all data collected from Task 1.4. Presentation to the integrated floodplain management group to be scheduled by the County in consultation with the Contractor. Table 1. Phase I Deliverables and Timelines Task Deliverable(s) Anticipated timeline Task 1.1 Develop and Project kickoff meeting October 1, 2017 summarize life history including SRST meeting and models for focal species work session Task 1.2 Compile fisheries Technical memorandum with Expected completion date: studies and existing data proposed field sampling plan November 1, 2017 sources and presentation to SRST Task 1.3 Draft Synthesis Technical memorandum Expected completion date: Design presenting findings from December 1, 2017. Task 1.1 and 1.2 and the study design. Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 12 M Task 1.4 Field Surveys for Fish Summary memorandum presenting findings from field surveys. SRST presentation. Expected timeframe: October 1, 2017 — August 31 2018 Task 1.5 Revised Synthesis Technical memorandum Expected completion: presenting findings from October 31, 2018 Task 1.1 and 1.2. All data collected from Task 1.4 Presentation to integrated floodplain management group. Stakeholder presentation. Phase Il It is important to point out that some tasks will continue for the duration of the project and are not limited to phases (see Figure 2). For example, fish use and habitat surveys will occur monthly throughout the project and be tied to hydrologic events when possible. This is necessary because the relative availability and importance of habitats changes based on a number of factors including hydrologic connectivity, fish presence, and potential density dependent factors such as abundance. Coupled Ecological and Physical Characterization During Phase II our team will integrate data sources from Task 1 to create a spatially explicit representation of habitat use by focal species and lifestage. Ultimately, this will be used to evaluate historic (e.g. early 1900's) and present habitat quantity and distribution throughout the year. First we will assess the connectivity between floodplain habitat types and the mainstem Nooksack River as a function of discharge values. This connectivity determines floodplain habitat availability and will then be coupled with the needs for various life stages of focal species. This will be used with the existing hydraulic model to evaluate current floodplain and rearing habitat. Next, we will translate geomorphic units to habitat units consistent with previous reach habitat assessments for each focal species. This will be used to characterize and compare historic and current habitat. From this analysis we will perform a habitat capacity analysis to identify species and life stages that may benefit from specific restoration actions. Finally, we will help evaluate flood hazard reduction and habitat restoration strategies that can improve habitat conditions for fish while simultaneously helping to reduce impacts of flooding and erosion. Task 2.1 Ecohydrology for species, lifestage and habitat units An ecohydrologic analysis employs available river discharge data collected at nearby flow gages in the watershed to determine the frequency and duration of hydrologic connectivity between main channels and floodplain habitats during key salmon life history moments (e.g., rearing, spawning, migration). Using HEC-EFM we will estimate ecologically meaningful flows for focal species. We will conduct this analysis in consultation with the Whatcom County Public Works River & Flood Division to ensure best use of reliable flow data and with the assumption that it will be pegged to one of the following, or other, flow gages: USGS 12213100 NOOKSACK RIVER AT FERNDALE, WA USGS 12210700 NOOKSACK RIVER AT NORTH CEDARVILLE, WA Deliverables Technical memorandum describing predictions of connectivity of floodplain habitat types and their respective importance to rearing salmonids, particularly juvenile Chinook. This memo will also describe how the results will be used to inform habitat mapping and fish survey study details timing. Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 13 100 Task 2.2 Habitat unit mapping Under this task we will develop a procedure for relating each geomorphic landform type to habitat units for focal fish species and life stages. Where possible, we will utilize the ecohydrology developed in Task 2.1 to relate current landform inundation using numerical flow models provided by Whatcom County. For historical conditions beyond those available from the work of Collins and Sheikh (2004), we will utilize a combination of expert driven mapping and geospatial mapping. We may utilize early 1900's topographic maps to generate a digital elevation model of historic conditions. This historic digital elevation model would allow us to project hypothetical flow stages by detrending the topographic surface, and looking at various heights above the main channel outline. Given that these maps would be coarse in scale (e.g. 1:62,500) direct comparisons with more contemporary data may be challenging owing to differing spatial error rates. Nonetheless, we think this may be a valuable analysis for hindcasting the ecohydrology of the channel / floodplain ecosystem to quantify changes in historic habitats. This task will also integrate information obtained during Phase I data compilation activities, to incorporate barriers with classified habitat maps. We will consult with GA investigators to coordinate mapping products generated by that study that will support this task and to avoid duplicative efforts. Deliverables Memorandum describing methods and approaches. Meeting with SRST to discuss approach, progress, and results to date. All geospatial files will be presented at this meeting. Task 2.3 Characterize salmonid habitat relative to historic conditions Once landforms and geomorphic units are translated to habitat units we will characterize salmonid habitat quantity and distribution relative to historic conditions. This will primarily entail creating paired geospatial datasets of habitat for historic (e.g. early 1900's) and comparing with present data. For each geomorphic landform typology available we will develop associations with habitat use for each focal species from the literature and field verification work. We will tabulate these data by reach and sub -reach so that trends can be identified to historical geomorphic and anthropogenic changes in the river corridor. Where possible, habitat quality will be assessed, using metrics such as frequency of riffle and pool habitat, occurrence of large wood, and connectivity with other habitat units. Deliverables None. Task 2.3 Habitat capacity analysis Based on the life stage -specific habitat requirements of the fish species mentioned above, and the frequency and duration of habitat connectivity, this analysis will be focused on: o Identifying habitat capacity, including access, habitat availability and quality, water quality, and flow conditions. o Summarizing the differences in available habitat quantity and quality between current and historic conditions. o Estimating changes in smolt production potential (SPP) between historic and current conditions. Deliverables Stakeholder presentation and work session with WRIA 1 Salmon Recovery Staff Team outlining preliminary results through the end of task 2.3 and discussion about the best ways to integrate progress to date with task 2.4. Task 2.4 Develop and integrate habitat and flood management strategies Under this task we will work with WRIA 1 Salmon Recovery Staff Team to develop spatially explicit habitat management and restoration strategies, and measures by which the habitat benefits of existing or potential floodplain management strategies may be evaluated. To do this, we will evaluate flood control strategies relative to their influences on geomorphic processes and habitat -related parameters. We will consider anticipated geomorphic trajectories both site specifically and in a broader floodplain management context. We will provide site -scale Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 14 101 recommendations for modifying existing infrastructure to achieve ecological gain and reduce maintenance requirements while maintaining necessary function. On a broader level, our team will provide recommendations regarding management strategies that will optimize geomorphic function, system resilience, and habitat sustainability. We will also identify important data gaps and provide recommendations for filling these, as necessary. Deliverables Final stakeholder presentation to guide the SRST and the integrated floodplain management group through the salmon habitat assessment (SHA) in order to aid in habitat restoration and flood hazard reduction planning. Task 2.5 Reporting We will compile results in a final technical report. Report will include a technical summary of critical fish distribution and abundance and data gaps, and a recommendations section outlining future work that would address known data gaps. In addition, we will provide complete GIS work products on a solid state drive in a file format specified by Whatcom County. Draft report delivery data for Phase I delivered for review by November 1, 2018. Final report will be delivered by December 31, 2018. The deliverable from this task will be a report including an experimental design and budget that can be used to prioritize restoration actions by incorporating flood hazard reduction objectives with maximum fish benefits. It is understood that implementation of the work plan would occur outside of this project. In addition, it is assumed that delivery dates are targets based on a project start date of September 13, 2017. If it becomes necessary to shift the project start, some deliverable dates may need to be adjusted. Deliverables Draft and final report. Task 3 Technical Assistance Throughout the term of this agreement, the County may call may call upon the Contractor to perform specific professional services to support the habitat assessment process as needed. Anticipated services will likely include: • Additional analysis to respond to stakeholder input ® Collaboration with the GA team, local biologists, and others to coordinate data collection and analysis and to ensure compatibility of deliverables • Attendance and participation in additional stakeholder meetings beyond those identified in Tasks 1 and 2. In each instance, a description of additional work will be prepared, each being separately be subject to the terms and conditions of this Agreement. The description of additional work will define (1) Specific scope of services to be performed, (2) Proposed schedule of services, and, (3) the estimated cost of services (budget) pursuant to the rate schedule in Exhibit B. Each instance of authorized additional work will be mutually agreed upon by the County and the Contractor, subject to the terms and conditions within this Agreement and will be executed by the authorized representative of each party. Email by the authorized agent of each party is an acceptable form of approval. Table 2. Phase II Deliverables and Timelines Task Deliverable(s) Anticipated timeline Task 2.1 Ecohydrology for Technical memorandum 1 week worth of time within species, lifestage and habitat presenting findings. about a month of time total. units June 1, 2018 — July 1, 2018. Task 2.2 Habitat unit Memorandum describing 1 day per month throughout mapping methods and approaches. All the project. Begin geospatial files will be integration with Phase II transmitted. outputs October 1, 2017 — SRST Meeting Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 15 102 August 31, 2018. Task 2.3 Characterize Memorandum describing June 1, 2018 — October 31, salmonid habitat relative to methods and approaches. All 2018 historic conditions geospatial files will be transmitted. Stakeholder Meeting Task 2.4 Develop and Final stakeholder Evaluate habitat maps in the integrate habitat and flood presentation of findings. context of flood plan. 2-3 management strategies months with discussions plus a couple stakeholder meetings on this task. July — October 2018 Task 2.5 Reporting Draft and final report. November 1, 2018 for review draft. Final report due December 31, 2018. Proposed Timeline of Tasks Task 2.1:: ccohydroio.Tf 'ask 2.2: Hahitat Unit 1b4apping Task 2.3: Historic Conditions Task'_.4: Habitat and Flood Management Strategies Task 2.5: Final Report Task 3.U: Coordinated Technical Assistance Oct 2017 Jan 2013 Apr cQ 13 Jul 1-0 t:3 Oct 2013 Figure 2. Expected timelines for specific tasks. Note that there may be substantial overlap between phases given the availability of external data sources and interactions with stakeholders. Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 16 103 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 positions and hourly rates provided in the Budget table 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. Other expenditures such as supplies for field work, printing, postage, and telephone charges shall be reimbursed at actual cost. The budget below includes the expected effort according to staffing level, and totals by sub -task. Some tasks may require more or less than the estimated effort depending on data availability. eDNA analysis costs are based on a per sample estimate and total number of samples may change depending on sampling conditions. Contractor will consult with and get written approval from the Administrator if data availability later determines that the level of effort for any given task will be significantly greater than that which was estimated when Exhibit "A" - Scope of Work was prepared. The Contractor will invoice monthly. Invoices will include hours worked by employee for the invoice period listed 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. Total compensation shall not exceed $225,238. 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. Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 17 WE -A. �P H � q IIi u' � '�• Z '� ^ ep fJ }fD t 2s} I.r <" G' I..I .J Imo+ qe�4k7 �' �" ?D T aryl d ^• i 1 �i' O Q„ R �.S 1r 1M L!f � v' S L, b ;# � fJ 1r Q. Ga RtD � N C ^ •• �Pf f�j O. � �, �• !D a`.. � •f:7 � G; •p �. ^• C O .,y n t`�npp o' �q'^• S3. O ,� �N a• N 'O C ry�pq R. N � iL may' � � �D ': J�i� ^-i �Ap W � `. � N N P ,��• R] ♦♦yy ib. — GT dP' T t.J l� f.0 1:l � &h 5�. k3 GT r✓� U va [Rh: rep y. t^ s 8 9 Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment r r '� ca ^� •^e cµ#. � cz ram+. H 13 Page 18 105 EXHIBIT "C" (Insurance Certificate) Cramer Fish Sciences -Lower Mainstem Nooksack Habitat Assessment Page 19 106 i ACoR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/14/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Davidson & Associates Insurance Agency, Inc. 610 Esther St Ste 101 Vancouver WA 98660 CONTANAME: Sandra Ramirez PHONE 360-514-9550 FAX -M EAIL . sandra@davidsoninsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURER A :Travelers Prop & Cas of Americ INSURED INSURERB:Travelers Insurance Co INSURER C :Travelers Casualty & Surety 19038 Cramer Fish Sciences SP Cramer & Associates Inc 600 NW Fariss Rd INSURER D Gresham OR 97030 E [INSURER INSURER 1. rr1V9RAr:FC rFRTIFIrATF NI IMRFR• 2010675967 REVISInN NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-253 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Twh 06.17.17 9.12.17 Finance/Consent Originator: rC Division Head: SEP 05 2017 _ Dept. Head: Prosecutor: dl 08121117 WHATCOM COUNTY COUNCIL Purchasing/Budget: O Executive: TITLE OF DOCU : Bellingham Whatcom County Tourism ATTACHMENTS: 1. Contract 2. Memo SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Executive Louws requests your consideration and approval of the 2017 contract for services between Whatcom County and Bellingham Whatcom County Tourism in support of the proposed Wayfinding Project as recommended by the Lodging Tax Advisory Committee and approved by Council through Budget Supplemental Ordinance #2017-034. 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. V2.0 109 WHATCOM COUNTY Executive Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 A.C,oM co P e1y � a � oz ESN 1 N G� MEMORANDUM TO: Jack Louws, County Executive FROM: Tawni Helms, Administrative Coordinator RE: Bellingham Whatcom County Tourism DATE: June 29, 2017 Jack Louws County Executive Enclosed are two (2) originals of a Contract for Services between Whatcom County and Bellingham Whatcom County Tourism for your review and signature. ■ Background and Purpose On May 11, 2017 the Whatcom County Lodging Tax Committee approved funding for the Wayfinding project proposed by the Bellingham Whatcom County Tourism Bureau. This project follows up on the recommendations provided in the Roger Brooks Visitor Assessment. The recommendation focused primarily on an improved wayfinding system. "A good wayfinding system will educate residents and visitors about the assets Bellingham and Whatcom County have. It will increase local spending, overnight stays, and tourism revenue. When people can find their way to attractions, activities, amenities, and businesses, they will spend more money." - Roger Brooks Bellingham Whatcom County Tourism Bureau will contract with a project management firm to strategize methods to facilitate stakeholder coordination meetings, participate in all project communications, and assist with preparation of planning and implementation. ■ Funding Amount and Source Funding in the amount of $50,000 will come from the Convention Center Fund as recommended by the Lodging Tax Advisory Committee and approved by Whatcom County Council. The City of Bellingham has also committed $50,000 from its Convention Center Fund to the project. Differences from Previous Contract N/A. Please contact Tawni Helms at extension 5208, if you have any questions or concerns regarding the terms of this agreement. Encl. V2.0 110 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 01 70 3 9 Originating Department: Executive office Contract or Grant Administrator: Tawrrl Helms Contractor's / Agency Name: Bellingham Whatcom County Tourism Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 141 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 amount Council approval required for; all property leases, contracts or bid awards and any prior amendments): exceeding $40,000, and professional service contract amendments that have an $ 50,000 increase greater than $10,000 or 10% of contract amount, whichever is greater, except when: This Amendment Amount: 1. Exercising an option contained in a contract previously approved by the council. $ 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: Contractor has received Convention Center funding for the purposes of facilitating a Wayfmding Project. Term of Contract: 18 months Expiration Date: December 31, 2018 Contract Routing: 1. Prepared by: T. Helms Date: 2. Attorney signoff. Daniel L. GibsonC13 and i 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: v2.0 06.29.17 08121117 ,z $� 912q //7 111 `) fi a- ` + Whatcom County Contract No. CONTRACT FOR SERVICES Bellingham Whatcom County Tourism Bellingham Whatcom County Tourism , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to Exhibit A (Scope of Work), p. Exhibit B (Compensation), p. X! Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1st day of July , 2017, regardless of date of signature, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December , 2018. The general purpose or objective of this Agreement is to: support Bellingham Whatcom County Tourism for the development and coordination of a countywide Wayfinding Plan, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 50,000 . 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. -76 IN WITNESS WHEREOF, the parties have executed this Agreement this La day of Auaizs4 , 20 —. CONTRACTOR: Bellingham Whatcom County Tourism XL066XA X, e5c y Sandy Ward, President STATE OF WASHINGTON ) ) ss. COUNTY OF d+ H 6� ) ?,ODEIVe '. `�� •\�g10N F�A�ni��: tv •� �OTARy.� , G 1� O�i� iW AisN�`� \\\` On this day of , 20 13, before me personally appeared Sandy Ward to me known to be the President of Bellingham Whatcom County Tourism and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUIQ IC in and for the State of Washington, residing at 1000 LAicey. My commission expires 11 f 11 6 2-02 5eAt a Contract for Services Bellingham Whatcom County Tourism Page 1 V2.0 112 WHATCOM COUNTY: Ap roved as to form: Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: BELLINGHAM WHATCOM COUNTY TOURISM Sandy Ward, President Address: 904 Potter Street Bellingham, WA 98229 Mailing Address: same Contact Name: Sandy Ward Contact Phone: 360-671-3990 Contact FAX: N/A Contact Email: SandyAbellingham.prg Contract for Services Bellingham Whatcom County Tourism Page 2 V2.0 113 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Contract for Services Bellingham Whatcom County Tourism Page 3 V2.0 114 Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: Not Applicable Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting; The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. Contract for Services Bellingham Whatcom County Tourism Page 4 V2.0 115 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. 31.2 Patent/Cop riright 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 commercial general liability insurance with the following minimums: Property Damage - $500,000.00 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 is attached hereto as Exhibit "C". 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. 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned 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. Contract for Services Bellingham Whatcom County Tourism Page 5 V2.0 116 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: Not Applicable 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: Tawni Helms, Administrative Coordinator Whatcom County Executive's Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: The E-Verify contractor program for Whatcom County applies to contracts of $100,000 or more and sub contracts for $25,000 or more if the primary contract is for $100,000 or more. Contractor represents and warrants that it will, for at least the duration of this contract, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any Contract for Services Bellingham Whatcom County Tourism Page 6 V2.0 117 person that is hired to perform work for Whatcom County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Contractor/Seller agrees to maintain records of such compliance and, upon request of the County, to provide a copy of each such verification to the County. Contractor/Seller further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. Contractor/Seller understands and agrees that any breach of these warranties may subject Contractor/Seller to the following: (a) termination of this Agreement and ineligibility for any Whatcom County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, Contractor/Seller would also be liable for any additional costs incurred by the County due to contract cancellation or loss of license or permit." Contractor will review and enroll in the E-Verify program through this website: www.uscis.gov Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: Contract for Services Bellingham Whatcom County Tourism Page 7 V2.0 118 In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Bellingham Whatcom County Tourism Page 8 V2.0 119 EXHIBIT "A" (SCOPE OF WORK) Bellingham Whatcom County Tourism will use tourism promotion funds to facilitate the countywide Wayfinding Project through the services of design consultant, MERJE. The scope of services Deliverables will include the following: Step 1 ( Wayfinding Assessment: • Kick Off meeting with Steering Committee and Stakeholder Group. This may include WSDOT, and County representatives, as well as representatives from each of the cities and attractions. • Develop criteria for destination inclusion, including designations, main attractions, etc. • Check in with the City of Bellingham on the progress of the Cultural Heritage Plan for inclusion. • Develop Destination List and determine terminology (or abbreviations) necessary for each destination/attraction. • Develop a project budget and identify public and private financial resources for the fabrication, installation and maintenance of the system. Outline potential Phasing plans. • Tour and photograph project area. • Review existing relevant documents and planning work accomplished to date. • Identify gateways, districts, primary routes, major areas, points of interest and destinations. • Conduct working meetings with wayfinding participants and user groups to review program criteria: primary and secondary routes, circulation, County roadways, assigned speed limits, parking lots, pedestrian requirements, districts/zones, transition points, decision points, information hierarchy, create a general menu of sign types, terminology/ nomenclature, audience considerations, daytime vs. evening travel, design criteria, image, marketing goals, functional requirements, flexibility, vandal resistance and maintenance. • Present preliminary findings /recommendations based on analysis and wayfinding committee comments and recommendations (presentation to Steering Committee and Stakeholders) Step 1 Deliverable: Based upon a wayfinding analysis, Contractor will provide an outline of existing conditions and make recommendations in the form of a report. The report will address vehicular and pedestrian signage guidelines. This report will establish the criteria upon which the sign system is based. Step 2 1 Programming (Sign Locations and Messages): • Prepare preliminary sign location plans, typical messages and general sign types. • Site check (drive by) locations for appropriateness, available space, and general environment conditions. Note: this does not include detailed field mark -outs; it is general review only. • Preliminary Submittal of a message schedule and sign location plans for review and approval by city and county representatives and destinations. (Submittal #1). The preliminary submittal includes a maximum of a 1-day working session with stakeholders. • Secondary Submittal, revise message schedule and sign location plan for review and approval by city and county representatives and each destination. (Submittal #2). Cities and County internal review only. Submit revised Sign Location Plans to Cities and County representatives and other required agencies. Review in the field all locations with Cities and County representatives and other required agencies. Note: this does not include detailed field mark -outs; it is a general review only. Step 2 1 Deliverable: Based on working meetings and project reviews a sign location plan and message schedule will be developed and submitted for final approval. This will include sign locations, messages/terminology, required sign types, and estimated costs and timelines for implementation. Maximum consideration for this agreement is $50,000. Contract for Services Bellingham Whatcom County Tourism Page 9 V2.0 120 EXHIBIT "B" (COMPENSATION) Maximum consideration for this contract shall be $50,000. The Contract Number shall be included on all billings or correspondence. At the conclusion of Step 1 — Wayfinding Assessment the contractor will be reimbursed up to $15,000 for fulfillment of the following deliverable: Based upon a wayfinding analysis, Contractor will provide an outline of existing conditions and make recommendations in the form of a report. The report will address vehicular and pedestrian signage guidelines. This report will establish the criteria upon which the sign system is based. At the conclusion of Step 2 - Programming (Sign Locations and Messages) the Contractor will be reimbursed up to $35,000 for fulfilling the following deliverable: • Based on working meetings and project reviews a sign location plan and message schedule will be developed and submitted for final approval. This will include sign locations, messages/terminology, required sign types, and estimated costs and timelines for implementation. Bellingham Whatcom County Tourism will submit invoices detailing allowable expenditures as outlined in Exhibit A to the Whatcom County Executive's Office. Payment is for reimbursement only and copies of consultant receipts must be attached to invoices. Payment will be made upon completion of deliverables. Duplication of Billed Costs or Payments for Service: The Contractor shall not bill the County for services performed or provided under this contract, and the County shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for those costs used to perform or provide the services in this contract. The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. Contract for Services Bellingham Whatcom County Tourism Page 10 V2.0 121 Contract for Services Bellingham Whatcom County Tourism EXHIBIT `C' Certificate of Insurance Page 11 V2.0 122 BeIIVCB17 Non► Profit Insurance Program CERTIFICATE OF COVPRA E Usue oiiitpi, 00 2elaos7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEN D OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THI S CERTI FICATE OF COVERAGE DOES NOT CONSTITUE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTAT IVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ------------------------------------------------------------------------------------------------ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I PRODUCER I COMPANIES AFFORDING COVERAGE Clear Risk Solutions 451 Diamond Drive Ephrata, WA 98823 itVcr'irirzn Bellingham Visitors & Convention Bureau DBA Bellingham Whatcom County Tourism 904 Potter Street Bellingham, WA 98229 American Alternative Insurance Corporation, et al. AUTOMOBILE LIABILITY American Alternative Insurance Corporation, et al. PROPERTY American Alternative Insurance Corporation, et al. MISCELLANEOUS PROFESSIONAL LIABILITY Princeton Excess and Surplus Lines Insurance Company THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP DESCRIF41ON Y , LIMITS DATE DATE ' GENERAL LIABILITY ' COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013-08 06/01/2017 06/01/2018 PER OCCURRENCE $5,000,000 OCCURRENCE FORM PER MEMBER AGGREGATE $10,000,000 INCLUDES STOP GAP PRODUCT -CO MP/OP $5,000,000 PERSONAL & ADV. INJURY $5,000,000 (LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 AUTOMOBILE LIABILITY ANY AUTO N1-A2-RL-0000013-08 06/01/2017 06/01/2018 COMBINED SINGLE LIMIT $5,000,000 LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS ANNUAL POOL AGGREGATE NONE PROPERTY N1 -A2-RL-000001 3-08 06/01/2017 06/01/2018 ALL RISK PER OCC EXCL EQ & FL $75,000,000 EARTHQUAKE PER OCC EXCLUDED FLOOD PER OCC EXCLUDED PROPERTY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS ANNUAL POOL AGGREGATE NONE MISCELLANEOUS PROFESSIONAL. LIABILITY N1-A2-RL-0000013-08 06/01/2017 06/01/2018 PER CLAIM EXCLUDED (LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES t SPECIAL ITEMS Regarding contracted services provided. Whatcom County is named as Additional Insured regarding these contracted services only and is subject to policy terms, conditions, and exclusions. Additional Insured endorsement is attached. Waiver of Subrogation is attached. NPIP retained limit is primary and non-contributory. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLI CY PROVISIONS. Attn: Executive's Office Whatcom County 311 Grand Avenue, Suite 108 Bellingham, WA 98225 3292587 123 AMERICAN ALTERNATIVE INSURANCE COMPANY ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) Named Insured Non Profit Insurance Program NPIP Policy Number Endorsement Effective N 1-A2-RL-0000013.08 6/1 /2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. Schedule Person or Organization (Additional Insured): As Per Schedule on file with Clear Risk Solutions, Underwriting Administrator Attn: Executive's Office Whatcom County 311 Grand Avenue, Suite 108 Bellingham, WA 98225 Regarding contracted services provided. Whatcom County is named as Additional Insured regarding these contracted services only and is subject to policy terms, conditions, and exclusions. Additional Insured endorsement is attached. Waiver of Subrogation is attached. NPIP retained limit is primary and non-contributory. A. With respects to the General Liability Coverage Part only, the definition of Insured in the Liability Conditions, Definitions and Exclusions section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule. Such Person or Organization is an Insured only with respect to liability for Bodily Injury, Property Damage, or Personal and Advertising Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In performance of your ongoing operations; or 2. In connection with your premises owned or rented to you. B. The Limits of Insurance applicable to the additional Insured are those specified in either the: 1. Written contract or written agreement; or 2. Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations. All other terms and conditions remain unchanged. Includes copyrighted material of the Insurance Services Office, Inc., with its permission. RL 2163 12/12 3292588 Page 1 of 1 124 AMERICAN ALTERNATIVE INSURANCE CORPORATION WAIVER OF TRANSFER OF RIGHTS AND RECOVERY AGAINST OTHERS TO US Named Insured Non Profit Insurance Program (NPIP) Policy Number Endorsement Effective N 1-A2-RL-0000013-08 6/1 /2016 This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART T his endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. Schedule Name of Person or Organization: As Per Schedule on file with Clear Risk Solutions, Underwriting Administrator T he Our Right T o Recovery Condition in the Liability Conditions, Definitions and Exclusions form is amended by addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or Your Work done under contract with that person or organization. T his waiver only applies to the person or organization shown in the Schedule above; however, this waiver does not apply if the injury or damage is due to the sole negligence of such scheduled person or organization. All other terms and conditions remain unchanged. RL 2135 12/12 Includes copyrighted material of the Insurance Services Office, Inc. with its permission. Page 1 of 1 3292589 125 WHA TC041'COUNTY COUNCIL AGENDA BILL NO. 2017-254 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: LR 0810"7 ` I E `E II `° D SEA 0 5 2017 WHATCOM COUNTY COUNCIL 09112117 Finance / Council Division Head: ��'� Dept. Head: Prosecutor: q (• PurchasingBudget. Executive: IV) IT TITLE OF DOCU ENT: Interlocal Agreement for Inmate Housing ATTACHMENTS. Memo to Exec /2 Originals of the Agreement SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Yakima County will provide housing, care and custody to Whatcom County for offender housing when housing space at the Downtown Jail is restricted due to significant infrastructure renovation, maintenance or repairs that necessitates closing housing units, sustained high offender population and/or emergencies that result in a need for offender housing off -site. This is a fee for service contract; the pricelist is on page 6 of the Agreement. COMMITTEE ACTION.- COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcom.wa.us/council. WAJT� b H r E11 BILL ELI SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 TO: FROM: RE: DATE: TEFF PARXS 7UN�r DERSH3^E�RIIFF ZT CHIEF DEPUTY CHIEF DEPUTY CHIEFINSPECTOR WENDY JO:i.6:rES CHIEF OF CORRECTIONS MEMORANDUM RECEIVED Jack Louws, County Exec �1 Bill Elfo, Sheriff � .�--AUG 2 8 2017 � JACK LOUWS Interlocal Agreemen Inmate Housing COUNTY EXECUTIVE August 9, 2017 Enclosed are two (2) originals of an Agreement between Whatcom County and Yakima County for your review and signature. ■ Background and Purpose The purpose of this agreement is to ensure adequate and safe housing for offenders committed by the courts to jail through an interlocal agreement with Yakima County. Whatcom County is planning major capital projects intended to mitigate serious structural, security and life -safety systems deficiencies in the downtown jail. Engineering findings report that these repairs are necessary to keep the facility functional for the next five years. The County Facilities department will be overseeing the work. While a work schedule and plan have not yet been finalized, it is anticipated that it will be necessary to close portions of offender housing to facilitate the work. Consequently, it is anticipated that there will be a significant reduction in available jail bed capacity at the downtown jail. The agreement will also facilitate housing inmates during unanticipated spikes in the jail population or the failure of existing infrastructure and life -safety systems. It is further intended that Whatcom County will develop and present an additional contract with a second jail on the west side of the Cascade mountain range should weather conditions or other factors preclude transportation to and from Yakima County. It is anticipated that Whatcom County (through IT or Facilities) will enter into a separate agreement to facilitate video conference capabilities for professional visiting, pre-trial conferences, arraignments and other court and conferencing needs as contemplated in paragraph 24 of this contract. ■ Funding Amount and Source This is a fee for service contract and it is anticipated that the expenditures will vary from year to year, depending on the schedule and work plan for mitigating deficiencies, failures of existing life -safety systems and population spikes. A supplemental budget request is being developed to provide for the remainder of 2017 Our Vision: The Office of Sheriff: Dedicated to malting Whatcom County the So.test in the State through Exceflencein �� / :Salety. and 2018. Funding will come from a source approved by the Executive's Office which is likely the Jail Sales Tax Fund. ■ Differences from Previous Contract This is a new contract. Please contact Wendy Jones at extension 6505, if you have any questions or concerns regarding the terms of this agreement. Encl. (2) 128 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET Originating Department: Sheriff/Corrections Division/Program: (i.e. Dept. Division andPrograni) Inmate Housing Contract or Grant Administrator: Wendy Jones Contractor's / Agency Name: Yakima County Is this a ew Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes [] No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No [!� If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No FA If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No If yes, RFP and Bid number(s): Cost Center: Is this agreement excluded from E-Verify? No ❑ Yes (' If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑ 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 $ Fee for Service 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: Yakima County will provide housing, care and custody to Whatcom County for offender housing when housing space at the Downtown Jail is restricted due to significant infrastructure renovation, maintenance or that necessitates closing housing units, sustained high offender population and/or emergencies that result in Lnpeedfor offender housing off -site. This is a fee for service contract; the pricelist is on page 6 of the Agreement. Contract: 1 year Expiration Date: 12/31/17 Contract Routing: 1. Prepared by: LR 2. Attorney signoff: 3. AS Finance reviewed: �—� 4. IT reviewed (if IT related): 5. Contractor signed: 6. Submitted to Exec.: 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: Date: 08/09/17 Date: j0j1-, Date: Date: Date: _ Z B Date: Z9 /-7 Date: Date: Date: Last edited 10/31/16 129 Whatcom County Contract No. AGREEMENT FOR INMATE HOUSING 2017 THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement") is made and entered into by and between the County of Whatcom, hereinafter referred to as Whatcom County and the Yakima County Department of Corrections, hereinafter referred to as Yakima County. WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the Counties to enter into a contract for inmate housing, and WHEREAS, Whatcom County desires to transfer custody of certain inmates to Yakima County to be housed in Yakima County's corrections facilities during those inmates' confinement, and to compensate Yakima County for housing such inmates, and WHEREAS, Yakima County desires to house inmates who would otherwise be in Whatcom County's custody on the terms agreed herein. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto mutually agree as follows: 1. Purpose. The purpose and intent of this Agreement is to establish the terms under which Yakima County will house Whatcom County inmates during the calendar year 2017. 2. Definitions. Business Day means Monday through Friday excluding Yakima County standard holidays. Committing Court means the court that issued the order or sentence that established Whatcom County's custody of a Whatcom County inmate. Detainer means a legal order authorizing or commanding another agency a right to take custody of a person. Whatcom County Inmate means a person subject to Whatcom County custody who is transferred to County custody under this Agreement. 3. General Provisions. Yakima County shall accept Whatcom County inmates according to the terms of this Agreement and shall provide housing, care, and custody of those Whatcom County inmates in the same manner as it provides housing, care and custody to its own inmates. Yakima County shall manage, maintain, and operate its corrections facilities in compliance with all applicable federal, state, and local laws and regulations. 4. Right to Refuse or Return Inmate. To the greatest extent permitted by law, Yakima County shall have the right to refuse to accept a Whatcom County inmate or to return a Whatcom County inmate to Whatcom County, if the inmate has a current illness or injury that is listed in Attachment A - Medical Acceptability. Yakima County shall provide notice to Whatcom County at least one business day prior to transport. S. Inmate Transport. Yakima County shall transport inmates to and from Yakima County's corrections facilities except when weather or other conditions beyond Yakima County's Agreement for Inmate Housing -- 2017 130 Page 1 control prevent transport. Inmate transport dates will be determined by the amount of inmates Whatcom County has housed with Yakima County. Yakima County will pick up and drop off inmates at a mutually agreed upon destination. In the event Whatcom County wishes Yakima County to pick up and/or drop off a Whatcom County inmate at another detention or correction facility, Whatcom County shall notify Yakima County of the location of the inmate for pick up and/or drop off. Whatcom County shall provide a written inmate transport list to Yakima County the business day prior to transport. At the time of scheduling transport if possible, but no later than transport pickup, Whatcom County shall provide to Yakima County a copy of the warrant or court order detaining or committing the inmate, as well as any order that specifies the inmate's next court date or sentence to confinement. In the event Whatcom County anticipates the need to transport and house up to 50 offenders in a single instance, they will contact Yakima County as soon as it is possible for the additional logistical planning for transport and housing. Whatcom anticipates they will be aware of this need at least 1 calendar week prior, but may need to request emergency accommodations on shorter notice. County Transported: Whatcom County will provide Yakima County a written transport list the business day prior to delivery. At the time of delivery, Whatcom County shall provide Yakima County a copy of the warrant or court order detaining or committing the inmate as well as any order that specifies the inmate's next court date or sentence to confinement. Whatcom County shall provide a complete copy of each inmate's records in its possession to Yakima County prior to transferring custody of the inmate to Yakima County. Yakima County will not assume custody of any inmate without a warrant or court order that commits the inmate to confinement. 6. Inmate Records. Whatcom County shall provide copies of all medical records in its possession to Yakima County's transport officers prior to the inmate"s departure from Whatcom County's detention or designated detention facility. In the event the inmate is transported by Whatcom County, Whatcom County shall provide copies of all medical records in its possession to Yakima County's booking officer. In the event additional information is requested by Yakima County regarding a particular inmate, Yakima County and Whatcom County will mutually cooperate to provide the additional information needed. 7. Inmate Property. Yakima County shall accept and transport inmate property in accordance with Attachment B — Property, and shall be responsible only for inmate property actually delivered into County possession. Yakima County shall hold and handle each inmate's personal property in the same manner it holds and handles property of other County inmates. In the event a Whatcom County inmate is being transported from a Whatcom County designated detention or correction facility, it will be the responsibility of Whatcom County to dispose of the inmate's property not delivered and accepted into County possession. When returning inmates to Whatcom County, Yakima County shall transport inmate property according to the provisions of Attachment B — Property and it shall be the responsibility of Yakima County to dispose of any of the inmate's property not transported with the inmate. 8. Booking. Inmates shall be booked pursuant to Yakima County's booking policies and procedures. Inmates transported by Whatcom County that are not acceptable at booking, will be the responsibility of Whatcom County to transport back to Whatcom County. Agreement for Inmate Housing -- 2017 Page 2 131 Pursuant to RCW 70.48.130, and as part of the booking procedure, the Department of Corrections shall obtain general information concerning the inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which a Whatcom County inmate is entitled. The information is to be used for third party billing. Yakima County and Whatcom County will attempt to develop a process at Whatcom County detention facilities for pre -booking inmates who are being transferred to the custody of Yakima County. 9. Classification. Inmates shall be classified pursuant to Yakima County's classification policies and procedures, and within the sole discretion and judgment of Yakima County. Whatcom County shall provide information identified in Attachment C -- Classification, of this Agreement. 10. Housing. Inmates shall be assigned to housing pursuant to Yakima County's policies and procedures, and within the sole discretion and judgment of Yakima County. Provided however, that generally, if a Whatcom County inmate's classification qualifies him/her to be housed in the Yakima County Corrections Center, and there is a bed available at the Yakima County Corrections Center, the inmate shall be housed in the Yakima County Corrections Center. Exceptions to this general provision include circumstances such as: 1) No women are housed at the Yakima County Corrections Center; 2) inmates assigned to certain work crews must be housed in the Main Jail or Annex; 3) Certain programs are available only to inmates housed in the Main Jail or Annex; 4) inmates who will be housed for less than one week will usually be housed in the Main Jail or Annex. 11. Inmate Work Programs. Yakima County may assign inmates to work programs such as inside and outside work crews, kitchen and facility duties, and other appropriate duties. 12. Health Care. Yakima County shall provide in -facility medical care commonly associated with county corrections operations as guided by American Correctional Association or National Commission on Correctional Health Care standards, and will be solely responsible for the level of care provided within the context of those health care services. Inmates shall be responsible for co -payment for health services according to County policy. Whatcom County shall not be responsible to Yakima County for inmate co -payments. No inmate shall be denied necessary health care because of an inability to pay for health services. Yakima County shall notify Whatcom County's designee(s) via e-mail or fax if a Whatcom County inmate requires medical or dental treatment at an outside medical or health care facility. Whatcom County shall be responsible to promptly notify Yakima County of any changes in its designee(s). Whatcom County shall pay for all medical, mental health, dental or any other medical services that are required to care for Whatcom County's inmates outside YCDOC facilities, except, Yakima County shall bear the expense of any such medical care necessitated by improper conduct of Yakima County, or of its officers or agents. Yakima County shall notify Whatcom County as soon as reasonably possible before the inmate receives medical and/or dental treatment outside of YCDOC facilities. Whatcom County acknowledges that such notice may not be reasonably possible prior to emergency care. Lack of prior notice shall not excuse Whatcom County from financial responsibility for related medical expenses, and shall not be a basis for imposing financial responsibility for related medical expenses on Yakima County. Agreement for Inmate Housing -- 2017 132 Pane 3 Outside medical expenses for inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 13. Inmate Discipline. Yakima County shall discipline inmates according to the same policies and procedures under which other County inmates are disciplined. However, nothing contained herein shall be construed to authorize the imposition of a type of discipline that would not be imposed on a comparable County inmate, up to and including the removal of earned early release credits as approved by Whatcom County. 14. Removal from County Facilities. Except for work programs or health care, and during emergencies, inmates shall not be removed from County facilities without written authorization from Whatcom County or by the order of any court having jurisdiction. Other jurisdictions may "borrow" a Whatcom County inmate only according to the provisions of Attachment D — Borrowing. In the event of the inmate's emergency removal, Yakima County shall notify Whatcom County by e-mail or fax as soon as reasonably possible. No early release or alternative to incarceration, including furloughs, home detention, or work release shall be granted to any inmate without written authorization by the committing court. 15. Visitation. Yakima County shall provide scheduled visitation for attorneys, spouses, family and friends of inmates. Such visitation may be accomplished as provided in Section 24 of this Agreement. 16. Inmate -Attorney Communication. Confidential telephones or visitation rooms shall be available to inmates to communicate with their attorneys. 17. Inmate Accounts. Yakima County shall establish and maintain an account for each inmate. Yakima County shall ensure family members and others have a reasonable process to add funds to a Whatcom County inmate's account, Upon returning custody of a Whatcom County inmate to Whatcom County, Yakima County shall transfer the balance of that inmate"s account that is not subject to charges, to the inmate or to Whatcom County in the form of a check in the name of the inmate. In the event Yakima County contracts with a company/business that furnishes technology for wireless inmate account crediting (such as Keefee or JPAY) Whatcom County may allow Yakima County (or County's contracted representative) to install the equipment necessary for use of the system, providing the contracting company verifies with Whatcom County IT services that there is infrastructure available to support the new equipment without compromising existing systems Whatcom County shall not be financially responsible for any aspect of the system, including but not limited to installation, maintenance or operational costs. Whatcom County shall not receive any compensation or profits for such a system. 18. Detainers. Inmates in a "Detainer" status shall be handled according to Attachment E — Detainers. 19. Releases. Whatcom County shall be responsible for computing and tracking all sentence time calculations, good time, court dates and release dates, except that if Yakima County removes good time credits due to disciplinary action taken at YCDOC, it shall be the responsibility of Yakima to amend the effected release date. Inmates will be released in accordance with Attachment F Inmate Release. Agreement for Inmate Housing -- 2017 Page 4 133 Yakima County shall not transfer custody of a Whatcom County inmate housed pursuant to this Agreement to any party other than Whatcom County, except as provided in this Agreement or as directed by Whatcom County. 20. Escape. If a Whatcom County inmate escapes County custody, Yakima County shall notify Whatcom County as soon as reasonably possible. Yakima County shall use all reasonable efforts to pursue and regain custody of any escaped Whatcom County inmates, and shall assume all costs connected with the recapture of Whatcom County inmate. 21. Death. If a Whatcom County inmate dies in County custody, Yakima County shall notify Whatcom County as soon as reasonably possible. The Yakima County Coroner shall assume custody of the Whatcom County inmate's body. Unless another agency becomes responsible for investigation, YCDOC shall investigate and shall provide Whatcom County with a report of its investigation, including any recorded video. Whatcom County may participate in the investigation. If another agency becomes responsible for investigation, YCDOC shall act as liaison or otherwise facilitate Whatcom County"s communication with and receipt of reports from the other agency. Whatcom County shall provide Yakima County with written instructions regarding the disposition of Whatcom County inmate"s body. Whatcom County shall pay for all reasonable expenses for the preparation and shipment of the body. Whatcom County may request in writing that Yakima County arrange for burial and all matters related or incidental thereto and Whatcom County shall be responsible for all costs associate with this request. Except, Yakima County shall bear such expenses necessitated by improper conduct of County, or its officers or agents. 22. Reporting Requirements. Ordinarily on business days, Yakima County will deliver the following reports to Whatcom County: Housing Report — a report detailing which Whatcom County inmates are housed at the Yakima County Corrections Center. Custody Report — a report of total inmate populations confined at all YCDOC facilities. It includes current and historical safety and population data. Special Housing Report — Identifies Whatcom County inmates who are in special housing assignments. 23. Whatcom County's Right of Inspection. Whatcom County shall have the right, upon reasonable advance notice, to inspect . County correction facilities where Whatcom County inmates are housed at reasonable times. During such inspections, Whatcom County may interview its inmates and review its inmates' records. Whatcom County shall have no right to interview inmates housed for other jurisdictions or to review their medical records, unless it is properly authorized to do so by the inmate or the other jurisdiction. 24. Technology. Yakima County and Whatcom County may each permit the other continuous access to its computer database regarding all Whatcom County inmates housed by Yakima County. This continuous access feature may be accomplished through a computer link between a computer(s) designated by Whatcom County and appropriate computer(s) of Yakima County. By separate mutual agreement, Yakima County and Whatcom County may provide video conference capabilities for personal visiting, professional visiting, pre-trial conferences, arraignments and other court and conferencing needs. Agreement for Inmate Housing -- 2017 134 Page 5 Bed Rate. In consideration of Yakima County's commitment to house Whatcom County inmates, Whatcom County shall pay Yakima County based on the Monthly Average Daily Population (MADP) sliding scale: Monthly Average Daily Population (MADP) Daily Rate Per Inmate 151 -above $51.20 126-150 $52.20 101-125 $53.20 76-100 $54.20 51-75 $55.20 26-50 $56.20 0-25 $57.20 The Bed Rate includes all in -facility medical, dental (if available), and mental health services. In the event an inmate requires out of facility medical, dental or mental health services, Whatcom County shall be responsible for the cost of the services. Yakima County shall not charge a booking fee in connection with housing Whatcom County's inmates. Whatcom County may purchase additional beds, as available, at the then existing bed rate; however, Yakima County shall have the right to refuse to accept custody of or house inmates in excess of Whatcom County's minimum bed commitment. The Daily Fee for inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 25. Billing and Payment. Yakima County shall provide Whatcom County with monthly statements itemizing the name of each Whatcom County inmate, the number of days of housing, including the date and time booked into Yakima County and date and time released from Yakima County and itemization of any additional charges including a description of the service provided, date provided and reason for service. Yakima County shall provide said statement for each month on or about the 1Ot" day of the following month. Payment shall be due to Yakima County within (30) days from the billing date. Yakima County may bill Whatcom County electronically. Payments not received by the 60t" day shall bear interest at the rate of 1% per month until payment is received. The Daily Fee for Whatcom County inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 26. Duration of Agreement. The duration of this Agreement shall be from January 1, 2017, at 1200 A.M. and shall end at 11:59 P.M., on December 31, 2017 unless otherwise terminated in accordance with Section 31 of this Agreement. This Agreement will renew annually for up to 5 years (December 31, 2021) unless notice is made by either parry to the Agreement for Inmate Housing -- 2017 Page 6 135 other that they wish to terminate the contract at the end of the calendar year. Such notification shall be made by October 1st of the current year. The contract may also be amended during the contract period by written addendum under terms and conditions acceptable to Yakima County and Whatcom County. 27. Independent Contractor. In providing services under this.Agreement, Yakima County is an independent contractor and neither it nor its officers, nor its agents nor its employees are employees of Whatcom County for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of Whatcom County under any applicable law, rule or regulation. Nothing in this Agreement is intended to create an interest in or give a benefit to third persons not signing as a parry to this Agreement. 28. Hold Harmless, Defense, and Indemnification,. Yakima County shall hold harmless, defend, and indemnify Whatcom County, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of any Whatcom County inmate, or loss or damage to Whatcom County inmate property while in County custody) that result from or arise out of the acts or omissions of County, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of Yakima County's services, duties, and obligations under this Agreement. Whatcom County shall hold harmless, defend, and indemnify Yakima County, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or, detention, alleged mistreatment, injury, or death of any Whatcom County inmate, or loss or damage to Whatcom County inmate property while in County custody) that result from or arise out of the acts or omissions of Whatcom County, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of Whatcom County"s services, duties, and obligations under this Agreement. In the event the acts or omissions of the officials, officers, agents, and/or employees of both Whatcom County and Yakima County in connection with or incidental to the performance or non-performance of Whatcom County's and/or Yakima County's services, duties, and obligations under this Agreement are the subject of any liability claims by a third party, Whatcom County and Yakima County shall each be liable for its proportionate share of fault in any resulting suits, actions, claims, liability, damages, judgments, costs and expenses and for their own attorney's fees. Nothing contained in this Section or this Agreement shall be construed to create a right in any third party to indemnification or defense. Yakima County and Whatcom County hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. The provisions of this section shall survive any termination or expiration of this Agreement. Agreement for Inmate Housing -- 2017 136 Page 7 29. Insurance. Yakima County and Whatcom County shall provide each other with evidence of insurance coverage, in the form of a certificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this Agreement. Yakima County and Whatcom County shall each maintain throughout the term of this Agreement coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage on an occurrence basis. 30. Termination. A. Mutual Agreement: This Agreement may be terminated by either party by written notice with ninety (90) days written notice to the other party and to the State Office of Financial Management as required by RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected Whatcom County inmates. B. Imperiling Conditions: Whatcom County shall have the right to terminate this Agreement where: 1) conditions and/or circumstances at Yakima's facilities present an imminent risk of serious injury or death to Whatcom County's inmates [Imperiling Conditions]; 2) Whatcom County has sent Yakima County written notice by certified mail, return receipt requested describing with reasonable specificity the Imperiling Conditions; and 3) Yakima County has failed to cure the Imperiling Conditions within a reasonable period of time, which, unless the parties agree in writing to a longer period, shall be no more than 30 days after Yakima County receives Whatcom County"s notice. Termination under this provision shall be effective if and when: 1) after at least 30 days, Yakima County has not cured the Imperiling Condition(s); and 2) Whatcom County has removed its inmates; and 3) Whatcom County has given Yakima County formal written notice of final termination under this provision. After Termination under this provision Whatcom County shall have no further financial obligations under this Agreement. C. Material Breach: Either party shall have the right to terminate this Agreement if: 1) the other party is in material breach of any term of this Agreement; 2) the terminating party has sent the breaching party written notice of its intent to terminate this Agreement under this section by certified mail, return receipt requested describing with reasonable specificity the basis for the termination; and 3) the breaching party has failed to cure the breach within ninety (90) days, unless the parties agree in writing to a longer cure period. Termination shall be effective upon and Whatcom County shall have no further financial obligations under this Agreement from the date of removal of its inmates from the Yakima Facility or County's receipt of final notice that Whatcom County is terminating the Agreement after the expiration of the cure period, whichever occurs last. 31. Real or Personal Property. It is not anticipated that any real or personal property will be acquired or purchased by the parties solely because of this Agreement. 32. Equal Opportunity. Neither party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of any applicable federal law, Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other party may terminate this Agreement immediately. Agreement for Inmate Housing -- 2017 Page 8 137 33. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Yakima County to any other person or entity without the prior written consent of Whatcom County. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Yakima County stated herein. 34. Non -Waiver. The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 35. Severability. If any portion of this Agreement is changed per mutual Agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 36. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any actions, suit, or judicial or administrative proceeding for the enforcement of this Agreement shall be brought and tried in the Federal or Superior Court for the State of Washington. 37. Approval and Filing. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each party. The attested signatures of Whatcom County, Executive and the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Whatcom County and the Yakima County Auditor's Office pursuant to RCW 39.34.040. 38. General Provisions. Unless otherwise agreed in writing executed by both parties, on and after January 1, 2017, and so long as this Agreement remains in effect, this document constitutes the entire Agreement between Whatcom County and Yakima County under which Yakima County houses Whatcom County inmates, and no other oral or written agreements between the parties shall affect this Agreement. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. Yakima County shall not delegate its duties pertaining to housing Whatcom County inmates without the written consent of Whatcom County, which consent shall not be withheld unreasonably. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event Yakima County or Whatcom County defaults on the performance of any terms of this Agreement and files a lawsuit, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses. This Agreement may be executed in any number of counterparts. 39. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: TO WHATCOM COUNTY: Wendy Jones, Chief Corrections Deputy Whatcom County Sheriffs Office 311 Grand Avenue Bellingham, WA 98225 Agreement for Inmate Housing -- 2017 138 Page 9 TO YAKIMA COUNTY: Ed Campbell, Director Yakima County Department of Corrections 111 North Front Street Yakima, WA 98901 Alternatively, to such other addresses as the parties may hereafter designate in writing. and/or demands shall be sent by registered or certified mail, postage prepaid, or delivered. Such notices shall be deemed effective when mailed or hand -delivered addresses specified above. WHATCOM COUNTY: Recommen�edld ppFoval: W14A 'ulo ill Elfo', Sl 6" riff Date Approved as to form: Prosecuti g A r orney Date A_auroved Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) Notices hand - at the 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 Agreement for Inmate Housing -- 2017 Page 10 139 Inmate Housing Agreement — Whatcom County Sheriff s Office DONE this day of C` L 2017 BOARD OF YAKIMA COUNTY COMMISSIONERS i' a J. Rand EA.iott, Chairman v ' Ron Anderson, Commissioner f Excused Attest: Tiera L. Girard Michael D. Leita, Commissioner Clerk of the Board BOCC200-2017 August 22, 2017 Approved as to form: �o�Lc W-aq Deputy Prosecuting Attormky Constituting the Board of County Commissioners for Yakima County, Washington Page 11 ATTACHMENT A IL1463 • -. Yakima County shall determine the medical and mental acceptability of inmates for transport using the following excluding criteria: 1. Blood or fluid present at an open wound site or bleeding from an open wound. 2. Signs of untreated broken bones or dislocated joints. 3. Any injury or illness requiring immediate or emergency medical treatment. 4. Unconsciousness. 5. Inmates unable to stand and walk under their own power. 6. Wheel chair bound individuals. 7. Signs of alcohol toxicity and signs of current or recent use of any intoxicants. 8. Signs of alcohol and/or drug withdrawal. 9. Bed bound individuals. 10. Individuals with attached IV or requiring IV medications. 11. Individuals requiring the use of oxygen tanks. 12. AMA (Against Medical Advice) from the hospital. 13. Individuals having had major invasive surgery within the last 72 hours. Non-invasive surgery such as oral surgery, laser -eye surgery and minor surgery may be evaluated on a case by case basis. 14. Post -operative persons who have follow up appointments within the next four weeks. 15. Wounds with drainage tubes attached. 16. Persons with permanent catheters. 17. Open and/or oozing bedsores. 18. Individuals requiring nebulizers who cannot obtain one. 19. Persons with Alzheimer's, dementia or other psychological conditions to the point where the inmate cannot perform activities of daily living ("ADL's") or who do not have the capacity to function safely within a correctional environment. 20. Persons who are diagnosed as developmentally delayed and who do not have the capacity to function safely within a correctional environment or who cannot perform ADL's. 21. Female inmates more than 5 months pregnant. Or any female inmate considered a high - risk pregnancy. 22. Persons undergoing chemotherapy and/or radiation treatment. 23. Persons undergoing dialysis. Agreement for Inmate Housing -- 2017 Page 12 141 24. Persons with the following untreated medical conditions: a) Heart disease b) Seizures disorders c) Insulin dependent diabetes d) Cancer e) Asthma f) Psychosis g) HIV Positive or AIDS 25. Persons who are HIV positive or have AIDS and are taking anti -viral medications. 26. Persons taking Methadone, or Suboxone, a substitute for Methadone. 27. Persons with suicidal ideations or gestures within the past 72 hours. 28. Person, if prescribed, have not taken psychotropic medications for at least 72 hours. 29. Persons who have attempted suicide within the last 30 days. 30. Persons who have attempted suicide by overdose or ligature strangulation during current incarceration. 31. Persons displaying a current psychotic episode. 32. Persons requiring CPAP machines as prescribed must be transported with the machine. Agreement for Inmate Housing -- 2017 142 Page 13 ATTACHMENT S 101 County transport personnel will only accept inmate property as follows: 1. The property shall be sealed in a single property bag no larger than a common paper grocery bag. 2. Money, valuables, and medications shall be placed in a clear envelope and sealed within the inmate's property bag. 3. Checks and documents (court, warrants, etc.) shall be attached to the outside of the property bag. 4. The transporting officer shall account for the property bag and funds being transported. Yakima County Department of Corrections transport personnel will not accept or transport the following: a) Backpacks, suitcases, etc. b) Unpackaged food products or food products in packaging that has been opened. c) Any type of weapon (includes pocketknives). d) Liquids. e) Any items that will not fit into the property bag. f) Material deemed to be contraband. Yakima County will limit property returned with the inmate to Whatcom County according to these criteria. Agreement for Inmate Housing -- 2017 Page 14 143 ATTACHMENT C CLASSIFICATION Whatcom County shall supply Yakima County with the following Classification related information, if it known to or in possession of Whatcom County: 1. If Whatcom County inmate has been classified to a special housing unit and/or if Whatcom County inmate has been classified as protective custody. 2. If Whatcom County inmate is a violent offender or has displayed violent behavior during present or past incarcerations. 3. If Whatcom County inmate is an escape risk. Agreement for Inmate Housing -- 2017 144 Page 15 ATTACHMENT D BORROWING One contracting Whatcom County jurisdiction may 'borrow" another contracting Whatcom County's jurisdiction's inmate as follows: 1. If a Whatcom County jurisdiction requests the transport of another contracting Whatcom County's inmate from Yakima County the requesting Whatcom County jurisdiction must notify each agency with rights to custody of the inmate, and if each agency with rights to custody of the inmate notifies Yakima County in writing (e-mail) of its approval, Yakima County shall provide the requested transport. Yakima County will complete a custody transfer form that lists all outstanding detainers. The custody transfer paperwork will accompany the inmate. 2. Once custody of Whatcom County inmate has been transferred to another agency, it is the responsibility of the requesting Whatcom County jurisdiction to determine whether Whatcom County inmate shall be returned to the custody of Yakima County, and if so, the requesting Whatcom County jurisdiction shall make all necessary and proper arrangements with Yakima County and any agency with rights to custody of the inmate, for the inmate's return according to the terms of this agreement. 3. Yakima County will not track Whatcom County inmates once he or she has left Yakima County's facility. 4. If the inmate is returned to the custody of Yakima County, the requesting Whatcom County jurisdiction shall provide Yakima County with sentencing/charge information. Whatcom County shall supply all pre -sentence and post -sentence paperwork from agreeing agencies that authorized the borrowing of the inmate. This will aid Yakima County in determining split billing and release dates. 5. If the agency requesting to borrow a Whatcom County inmate is not one of the Whatcom County jurisdictions contracting with YCDOC, the requesting agency will be responsible to make all transport arrangements including all legal paperwork for the transport with the Whatcom County jurisdiction. 6. Yakima County will transport Whatcom County inmates only to a King County Whatcom County that also contracts with Yakima County for inmate housing. 7. Inmates transported by Whatcom County, cannot be borrowed out of YCDOC. Agreement for Inmate Housing -- 2017 Page 16 145 ATTACHMENT E This attachment only applies to inmates transported by the YCDOC. WARRANTS/OTHER COURT ORDERS/DETAINERS 1. The following shall apply to Whatcom County inmates who are subject to warrants from other jurisdictions or to other court orders for confinement or detainers. When receiving a Whatcom County inmate, the Transport Officers shall review all paperwork provided by Whatcom County for all grounds to hold the inmate and ensure that this information is entered into Yakima County's )MS and is routed to the Out of County Transport Section Office Specialist. 2. Prior to releasing a Whatcom County inmate, Yakima County shall check the NCIC and WACIC systems to determine if the inmate is subject to any valid warrants or other detainers. a) If the inmate is subject to a warrant that is limited to King County, YCDOC will, upon receiving written permission (e-mail) from Whatcom County, transport the inmate to the custodial agency for the jurisdiction that issued the warrant. However, Yakima County will not assume responsibility to serve any such warrants. b) If Whatcom County inmate is subject to a warrant from a western Washington jurisdiction outside King County, YCDOC will release the inmate at the location determined by written (e-mail) agreement of the YCDOC and Whatcom County under Section 5 of this Agreement. c) If Whatcom County inmate is subject to a warrant from an eastern Washington jurisdiction, YCDOC will send the inmate to the custodial agency for that jurisdiction on the Mini -Chain. d) If, upon return from YCDOC to Whatcom County, the inmate is subject to a warrant that provides for statewide extradition, YCDOC will either transport the inmate to the detention/correction facility in King County designated by the agency/jurisdiction that issued the warrant if it is in King County, or will send the inmate to the agency/jurisdiction that issued the warrant on the Mini -Chain. 3. Whatcom County inmates who have or are subject to Immigration and Custom Enforcement (ICE) detainers shall be returned to Whatcom County, unless Yakima County and Whatcom County agree in writing (e-mail) to some other course of action. Agreement for Inmate Housing -- 2017 146 Page 17 ATTACHMENT F INMATE RELEASE County transport personnel will release Whatcom County inmates as follows: 1. Inside a staffed correction or detention facility (jail). 2. Inside a staffed police agency (sally port or other secured area). 3. Outside of a Law Enforcement Agency when agency personnel, telephone access, and weather protection (lobby areas) are available to the released inmate. 4. Yakima County does not transport on Mondays. 5. Whatcom County inmates for whom bail is posted, or who otherwise have a right to be released may, by signed written waiver, choose to remain in custody and return to Whatcom County by the regularly scheduled transport, or to be released to a family member or friend, or to the streets of Yakima. 6. Inmates transported by Whatcom County must be picked up at least 12-(twelve) hours prior to the inmate's scheduled release date and time. If the inmate is not picked up before the scheduled release time, the inmate will automatically be scheduled to be transported, at Whatcom County's cost to include the addition of transport fees for all days served, on the next available transport to Whatcom County. Agreement for Inmate Housing -- 2017 Page 18 147 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-255 CLEARANCES Date Date Received in Council Office Agenda Date 9/12/1 % Assigned to: Finance/Counci Originator: �Ini"tiall ;` `1 / rc L �� ) Division Head: �Ci �O� 17 Dept. Head: Prosecutor: q e 0 i WHATCOM COUNTY COUNCIL Purchasing/Budget: / Executive: 1 TITLE OF DO NT: Recorlis Center Lease Agreement ATTACHMENTS: 1. Memorandum 2. Lease 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.) AS -Information Technology is requesting approval to renew a lease with John von Krusenstiern for leasing warehouse space to store countywide records. 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.whatconi.wa.us/council. WHATCOM COUNTY COM CO ADMINISTRATIVE SERVICES sP� °tip ., 02 9SH I N G'C MEMORANDUM TO: Jack Louws, County Executive Whatcom County Council FROM: Per ryL. Rice IT Manager RE: Countywide Records Center Lease Renewal DATE: August 14, 2017 INFORMATION TECHNOLOGY Whatcom County Courthouse 311 Grand Avenue, Suite 305 Bellingham, WA 98225-4083 PERRY L. RICE IT Manager 4 AUG 16 2017 JACK LOUWS COUNTY EXECUTIVE Enclosed is a 5-year lease for warehouse space for countywide records storage between Whatcom County and John von Krusenstiern for your review and approval. ■ Background and Purpose Division of Information Technology leases 3,438 square feet of warehouse space to house the County's inactive records that must be retained for audit, legal, fiscal and administrative needs until they reach their established retention period. Currently, the County stores approximately 8,500 archive boxes at this facility and the existing 5-year lease is set to expire December 31, 2017. Over the past few years there has been a slight decline in the total number of archive boxes stored. This downward trend is expected to continue with increased use of electronic records by departments. The current facility is right sized for the next 5 to 10 years. ■ Funding Amount and Source The costs associated with this lease are the base rent, which is $1,787.76 monthly plus the triple -net assessment which is estimated to be $240.41 for a monthly total of $2,028.17. The funding for this lease is appropriated in the Division of Information Technology base budget. ■ Differences from Previous Contract The monthly square foot price, property tax and insurance costs increased a total of $292.58 a month. This is the first increase in the base monthly rent since 2008. From 2008 — 2017 the base monthly rent has been $1,551.06 ($.45 / Square Foot). This lease would increase the base monthly rent to $1,787.76 ($.52 / Square Foot). Please contact Perry Rice at x 5235 or Tami Gee -Hardy at x 5236, if you have any questions or concerns regarding the terms of this agreement, Encl. v 1.0 149 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET Originating Department: Administrative Services Division/Program: (i.e. Dept. Division and Program) Information Technology / Records Contract or Grant Administrator: Perry L. Rice Contractor's / Agency Name: John von Kmsenstiern Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ❑ If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ❑ If yes, RFP and Bid number(s): Cost Center: SO ?/ 20 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. ® Other -Lease ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ' ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract amount and any prior amendments): Council approval required for; all property leases, contracts or bid awards exceeding $40,000, and professional service contract amendments that have an increase greater $24,338.04 - Per Year than $10,000 or 10% of contract amount, whichever is greater, except when: $121,690.20 — 5 Year Total 1. Exercising an option contained in a contract previously approved by the council. 2. Contract is for design, construction, r-o-w acquisition, professional services, or This Amendment Amount: $ other capital costs approved by council in a capital budget appropriation ordinance. 3. Bid or award is for supplies or equipment included approved in the budget. Total Amended Amount: $ 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: Lease of 3,438 square feet of warehouse for countywide records storage. Term of Contract: 5 Years Expiration Date: December 31, 2022 Contract Routing: 1. Prepared by: Tami Gee -Hardy 2. Attorney signoff 3. AS Finance reviewe : 4. IT reviewed (if IT related): 5. Contractor signed: 6. Submitted to Exec.: 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: Date: 8/4/2017 Date: 9'q 1- Date: R / _ Date: Date: 7 Date: Date: Date: Date: v 1.0 150 Whatcom County Contract No. LEASE This lease made and entered on the day of 2017, by and between John von Krusenstiern, an individual, hereinafter referred to as Lessor, and Whatcom County, a Washington municipal corporation, hereinafter referred to as Lessee. 1. Premises: Lessor leases to Lessee and Lessee leases from Lessor approximately 3438 square feet of premises in the City of Bellingham, Whatcom County, Washington, located and known as Unit `B", 4020 Hammer Drive, Bellingham, Washington 98226. The legal tax parcel number of 4020 Hammer Drive is 3803172074550000. 2. Term: This lease is for a term of five (5) years, beginning January 1, 2018, and ending December 31, 2022, inclusive. 3. Rent: The Lessee agrees to pay the Lessor for the premises described in paragraph 1 above, for the term described in paragraph 2 above, a monthly rental payment, hereinafter referred to as "Base Rent" of $1,787.76. This amount shall be payable to the Lessor on the 1st day of every month of the term of this lease, beginning on January 1, 2018. Lessee also agrees to pay a monthly assessment as described in Paragraph 5 of this lease, for each month of the term of this lease. Both base rent and monthly assessment are payable, in advance, on the first day of each calendar month of the lease term. Rents and assessments are payable to Lessor and shall be mailed to Post Office Box 32, Bellingham, Washington, 98227, or such other place as the Lessor may designate. 4. Repairs and Alterations: The premises have been inspected by the Lessee. The Lessee shall, at its own expense and at all times, take good care of the premises and shall keep it clean, sanitary and neat, and shall keep and use the premises in accordance with all applicable laws, ordinances, rules and regulations and requirements of governmental authorities. Lessee shall permit no waste, damage, or injury to the premises. Except for the roof, exterior walls and foundation, Lessee shall make repairs necessary to maintain the premises in as good condition as the premises were on December 1, 2002, which is the date of the original lease, reasonable use, wear, and damage by fire or other casualty accepted. Lessee also agrees to repair roof, exterior wall, and foundation if damaged by Lessee. At the termination or sooner expiration of this lease, Lessee shall quit and surrender the premises in a neat and clean condition and will deliver all keys to said premises to Lessor. If Lessee fails to render possession of the premises as provided herein, Lessor shall have the right to perform the work necessary to put said premises in a clean condition, at Lessee's expense, and Lessee agrees to reimburse Lessor a reasonable sum therefore. The Lessee shall have the authority to make alterations, decorations, installations, additions or improvements in and to the leased premises, including cabinetry, shelving, special electrical work and plumbing work, so long as prior written consent is obtained from the Lessor Such consent shall not be unreasonably withheld. Common areas, including parking areas, and the entrances and exits thereof, driveways, sidewalks, landscaped areas, and other areas and facilities provided for general use, shall be kept in repair by The Lessor. The Lessor reserves the right to exercise control and management of the common area, and the Lessor shall have the right to establish, modify, change, and enforce such uniform and nondiscriminatory rules and regulations relating to the said common areas as in its discretion it deems advisable. The Lessee agrees to abide by and conform to such rules and regulations. All outside walls, roof, foundation, and structural repairs shall be made by the Lessor. Replacement of cracked or broken glass on the Lessee's doors or windows shall be the responsibility of the Lessee. v 1.0 151 5. Taxes and Utilities: The Lessee hereby covenants and agrees to pay as additional rent a prorata share of the real estate taxes and assessments, insurance, utilities and common area maintenance and repairs, as evidenced on Exhibit "A". This assessment shall be based upon the actual square footage as occupied by Lessee, provided, however, Lessor may adjust on an annual basis for any increases in these costs. Lessor agrees to provide Lessee with all information as required substantiating any increase affecting Lessee under this provision. The assessment shall be based on the following: Base Year 2017; Square Footage Leased 3,438. This assessment is payable in lawful United States money in advance on the first day of each calendar month of the lease term. 6. Additional Taxes: Should there presently be in effect or should there be enacted during the term of this lease, statute or ordinance levying any tax, (other than Federal or State Income Taxes) upon rents, Lessee shall pay to Lessor such tax ten (10) days prior to the due date, or shall reimburse Lessor on demand for any such taxes paid by Lessor. 7. Utilities & Fees: Lessee agrees to pay all charges for natural gas, heat, garbage and all other utilities and services to the premises during the full term of the lease. Lessee shall also pay all license fees and other governmental charges levied on the operation of Lessee's business from the premises. Included in the monthly rental and paid by Lessor shall be electricity and water/sewer. 8. Public Liability Insurance: Lessee shall, at Lessee's sole expense, carry public liability and property damage insurance. Such insurance is to afford protection to the limit of not less than $1,000,000 f< 1.;« 1 Q; 1 T ' f �l 4 t 1.1; l;nl+.li4< A �rf< r7mm��ec� Q-1, inmwnr�nA doll r�ni4�ar liVlll V1111..0 1J 111�,11� "111" VV�1L1111J�7�ll+l+L LV plAVlll� 11UV111Ly U11U �/1 ViJ Vl L,' uCtlllu�v. I.J LiV11111J Lit Ltlavv J11N.11 11V1Li1V1 be cancelable nor allowed to expire (non -renewal) without notice being received by the Lessor at least ten (10) days prior to either the cancellation or non -renewal of the policy. 9. Commercial General Liability Insurance: Lessor shall, at Lessor's sole expense, carry commercial general liability insurance with a minimum coverage of $1,000,000.00 per occurrence for both property damage and personal injury. Such insurance shall neither be cancelable nor allowed to expire (non -renewal) without notice being received by the Lessee at least ten (10) days prior to either the cancellation or non -renewal of the policy 10. Property damage or Loss: The Lessor or its agents shall not be liable for any damage to the property of the Lessee or of others entrusted to employees of the building, nor for the loss of or damage to any property resulting from fire, explosions, falling plaster, steam, gas, electricity, water, rain or snow, or leaks from any part of the building, or from pipes, appliances, or plumbing works, or from the roof, street or sub -surface or from any other place, or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence of the Lessor, its agents, servants, or employees; nor shall the Lessor or its agents be liable for any such damage caused by the other tenants or persons in the building. Notice of any such damage or injury shall be communicated to the Lessor immediately. 11. Care of Premises: The Lessor shall not be called upon to make any improvement or repair of any kind upon the premises, and said premises shall at all times be kept and used in accordance with the laws of the State of Washington, and in accordance with all directions, rules and regulations of the health officer, fire marshal, building inspector, or other proper officer, of any pertinent and authorized public authority, at the sole cost and expense of the Lessee; and Lessee shall permit no waste damage or injury to the premises, including the freezing of water pipes and draining lines within the leased area. All damage or injury to the premises and to its fixtures caused by the Lessee moving property in or out of the building or by installation or removal of furniture, fixtures or other property, or resulting from fire, explosion, short circuits, water leakage, steam or from any other cause or any other kind of nature whatsoever due to carelessness, omission, neglect or improper conduct on the part of the Lessee, its v 1.0 152 servants, employees, agents, visitors or licensees, shall be repaired, restored or replaced promptly by the Lessee at its sole cost and expense and to the satisfaction of the Lessor. All of the aforesaid repairs or replacements shall be in quality and class equal to the original work or installations. If the Lessee fails to make such repairs or replacements within a reasonable time, then the Lessor may make them and the Lessee shall pay for the same within five (5) days after rendition of a bill therefore. 12. Use: the Lessee shall conduct and carry on in the premises the business for which the premises are leased, and shall not use the premises for illegal purposes. The Lessee agrees that no stocks of good will be carried or anything done in or about the premises which will increase the present rate of insurance, provided however if the Lessee shall engage in such business with the consent of the Lessor, which business shall increase the insurance rates, then the Lessee shall pay such increase. 13. Liens and Insolvency: Lessee shall keep the leased premises and the property in which the lease premises are situated, free from any liens arising out of any work performed, materials furnished, or obligations incurred by the Lessee. In the event Lessee becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the Lessee, then the Lessor may cancel this lease at the Lessor's option. 14. Assignment: The Lessee expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the premises or any part thereof to be used by others without the prior written consent of the Lessor in each instance. In the event of any assignment so consented to, a minimum charge of 25% of one month's rent shall be made by the Lessor for any expenses resulting therefrom. If this lease be assigned, or if any part the premises is used by others, the Lessor may collect rent from the assignee, under -tenant, or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, under -letting, occupancy, or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under -tenant or occupant, or a release of the Lessee from further performance as herein contained. The written consent of the Lessor to an assignment or under -letting shall not in any way be construed to relieve the Lessee from obtaining the express consent in writing of the Lessor to any further assignment or under -letting. 15. Access to Premises: The Lessee shall permit the Lessor to erect, use, and maintain pipes and conduits in and through the leased premises. Only in the presence of Whatcom County staff, Lessor shall have the right to enter the premises at all times to examine the same, and to show them to prospective purchasers or Lessees of the building, and to make such decorations, repairs, alternations, improvements or additions as the Lessor may deem necessary or desirable. Such work shall not constitute any eviction of the Lessee. If the Lessee shall not be personally present to open and permit any entry into the premises, only in case of emergencies may the Lessor or its agents enter the same by a master key, or may forcibly enter, without rendering the Lessor or its agents liable therefore. Lessor shall grant Lessee 24-hour access to the premises. Nothing contained herein, however, shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, supervision, or repair of the Lessee's premises, other than as provided herein. 16. Destruction & Other Casualty: If the leased premises shall be partially damaged by fire or other cause without the fault or neglect of the Lessee or its agents, the damages shall be repaired by and at the expense of the Lessor, and the rent until such repairs shall be made shall be apportioned according to the part of the premises which is unusable by the Lessee; but if such partial damage is due to the fault or neglect of the Lessee or its agents, without prejudice to any other rights or remedies of the Lessor, and without v 1.0 153 prejudice to the rights or subrogation of the Lessor's insurer, the damages shall be repaired by the Lessor but there shall be no apportionment or abatement of rent. No penalty shall accrue for reasonable delay, which may arise by reason of adjustment of insurance on the part of the Lessor and/or the Lessee, and for reasonable delay on account of `labor troubles' or any other cause beyond the Lessor's control. If the leased premises are totally damaged or are rendered wholly untenantable by fire or some other cause, and if the Lessor shall decide not to restore or not to rebuild the same, or if the building shall be so damaged that Lessor shall decide to demolish it or to rebuilt it, then, or in any such events, the Lessor may within ninety (90) days after such fire or other cause, give the Lessee a notice in writing of such decision, and thereupon, the term of this lease shall expire by lapse of time upon the third day after such notice is given, and the Lessee shall vacate the premises and surrender the same to the Lessor. If the Lessee shall not be in default under this lease, then upon termination of this lease under the conditions provided for above, the Lessee's liability for rent shall cease as of the day following the casualty. If the damage or destruction be done due to the fault or neglect of the Lessee, the debris shall be removed by and at the expense of the Lessee. 17. End of Term: Upon the expiration or other termination of the term of this lease, the Lessee shall quit and surrender to the Lessor the leased premises, "broom -clean", in good order and condition, ordinary wear excepted, and the Lessee shall remove all of its property. All alterations, decorations, installations, additions, or improvements upon the premises made by either party, including all paneling, partitions, railings and the like, shall become the property of the Lessor and shall remain upon and be surrendered with the premises at the expiration of the term. All keys belonging to the premises must be delivered to the Lessor at such termination. 18. Notices: Any notice required to be served in accordance with the terms of this lease shall be sent by registered mail, if from the Lessee to the Lessor's last known address, and if from the Lessor to the Lessee at Whatcom County Administrative Services, 311 Grand Ave., Bellingham, WA 98225. 19. Governmental Fees: All fees due the city, county or state on account of any inspection made on said leased premises by any officer thereof, shall be paid by the Lessee. 20. Default & Re -Entry: If any rents above reserved, or any part thereof, shall be and remain unpaid when the same shall become due, or the Lessee shall violate or default in any of the covenants and agreements herein contained, then the Lessor may cancel this lease upon giving the notice required by law, and may re-enter said premises, but notwithstanding such re-entry by the Lessor, the liability of the Lessee for rent provided for herein shall not be extinguished for the balance of the term of the lease, and the Lessee covenants and agrees to make good to the Lessor any deficiency arising from a re-entry and re -letting of the premises at a lesser rental than herein agreed to. The Lessee shall pay such deficiency each month as the amount thereof is ascertained by the Lessor. 21. Costs & Attorneys Fees: Should disagreement regarding the terms and conditions of this lease arise and adjudication become necessary, the prevailing party shall have their costs and attorneys' fees paid by the other party. 22. Non -Waiver of Breach: The failure of the Lessor to insist upon strict performance of any of the covenants and agreements to this lease, or to exercise any option herein conferred to any one or more instances, shall not be construed to be a waiver or relinquishment of any such agreement, or any other covenants or agreements, but the same shall be and remain in full force and effect. 23. Removal of Property: In the event of an entry in, or taking possession of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein, and may store the same in any place selected by the Lessor, including but not limited to a public warehouse, at the expense and risk of the owners thereof, with the right to sQll such v 1.0 154 stored property without notice to the Lessee after it has been stored for a period of thirty (30) days or more; the proceeds of such sale to be applied first to the cost of such sale, second to the payment of the charges for storage, if any, and third to the payment of any other sums of money which may then be due from Lessee to lessor under any of the terms hereof; and, the balance, if any, to be paid to the Lessee. 24. Heirs & Successors: Subject to the provisions hereof pertaining to assignment and sub -letting, the covenants and agreements of this lease shall be binding upon the heirs, legal representatives, successors, and assigns of any or all of the parties hereto. 25. Hold -Over: If the Lessee shall, with the written consent of the Lessor, hold over after the expiration of the terms of the lease, such tenancy shall be for an indefinite period of time on a month -to - month tenancy, which tenancy may be terminated as provided by the Laws of the State of Washington. During such tenancy, the lessee agrees to pay to the Lessor the same rate of rental as set forth herein, unless a different rate is agreed upon, and to be bound by all of the terms, covenants and conditions as herein specified and so far as applicable. 26. Renewal: The Lessee shall have no option to renew this lease agreement under the existing terms and conditions as here and before provided. However, the Lessor and the Lessee may agree to negotiate in good faith a new lease agreement. All terms and conditions for such renewal must be mutually agreed upon between the parties. 27. Termination and Government Use: In the event that any condemnation or otherwise taking of title, possession or the right of possession of the premises, or any part thereof by any federal, state or local government or agency, the Lessor may at its option terminate this lease as of the date of such taking, and if the Lessee is not in any default under any of the provisions of the lease on said date, any rent prepaid by Lessee shall, to the extent allowable for any period subsequent to the effective date of the termination, be promptly refunded to the Lessee. 28. Transfer by Landlord: If the Lessor shall assign its interest under this lease or transfer its interest in the premises, Lessor shall be relieved of any obligation accruing hereunder after such assignment or transfer, and such transferee shall thereafter be deemed to be the Lessor thereunder. 29. Subordination: This lease is subordinate to all present and future mortgages, deeds of trust and other encumbrances affecting the demised premises or the property of which said premises are a part. Lessee agrees to execute, at no expense to Lessor, any instrument which may be deemed necessary or desirable by the Lessor to further effect the subordination of this Lease to any mortgage, deed of trust or encumbrance. Lessee irrevocably appoints and constitutes the Lessor as the true and lawful attorney -in -fact for Lessee at any time in Lessee's name, place and stead, to execute proper subordination agreements for this purpose. 30. Mutual Release and Waiver: To the extent a loss is covered by insurance, the Lessor and Lessee hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against under their respective fire insurance policies, including any extended coverage endorsement thereto; provided that this agreement shall be inapplicable if it would have the effect of invalidating any insurance coverage of the Lessor or the Lessee. 31. Integration: The Lessor has made no representations or promises with respect to the said building or premises except as herein expressly set forth. 32. Riders: This lease is subject to the following terms and conditions. v 1.0 155 a) Continuation of funding appropriation by Whatcom County; and b) Receiving final approval and funding from the Whatcom County Council. 33. Security & Performance Deposit: Lessor has not received from Lessee any funds for a Security and Performance Deposit as a part of this agreement. WHATCOM COUNTY: Recommended for Approval: IT Ma ager Date Appro ed as to for Li 17 Prosecuting Attorney D to v 1.0 156 IN WITNESS WHEREOF the parties have executed this Lease on the day of , 2017. Lessor: John von Krusenstiern By ---- o von Krusenstiern Owner Address: P.O. Box 32 Bellingham, WA 98227 STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) Lessee: Whatcom County By Jack Louws Whatcon: County Executive Address: 311 Grand Ave. Bellingham, WA 98225 On this ��day of 14ugUS , 2017, before me personally appeared JOHN VON KRUSENSIERN�and�'who executed the above instrument and who acknowledged to me the act of siQ Aa thereof. STATE OF WASHINGTON ss. COUNTY OF WHATCOM NOTARY- J��LIC in and for the State of Wa hi gton residing at Bellingham. My appointment expires: 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 Bellingham. My appointment expires: v 1.0 157 Exhibit A (Prepared 07/26/2017) Total square footage of 4020 Hammer Drive building, Bellingham, Washington 98226 = 8457 square feet. Unit "A" = 5019 square feet Unit "B" = 3438 square feet Total Property Taxes for year 2017 = $5,795.56 Yearly property taxes due from Unit "A" = $3,477.34 = $289.78 monthly. Yearly property taxes due from Unit "B" = $2,318.22 = $193.18 monthly. Total 2017 Insurance costs for building $1,417.00 Yearly insurance costs due from Unit "A" = $850.20 = $70.85 monthly. Yearly insurance costs due from Unit "B" = $566.80 = $47.23 monthly. T otai monthly assessments due ftom Unit "B" in addition to "base rent" are: $240.4i. Base Rent = $1,787.76 monthly ($0.52 SF/Month) Total Rent = $1,787.76 + $240.41 = $2,028.17 v 1.0 iw.*7 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-256 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JT 8118117 (� l� I r..�.a i_.� 1 9112117 Finance/Council Division Head: ,-P� Dept. Head: aefi 7 Prosecutor: d `ray ,7WHATCOM COUNTY COUNCIL Purchasing/Budget: �� ! Executive: A TITLE OF DO ENT: Contract between Whatcom County and North Sound Behavioral Health Organization ATTACHMENTS: 1. Memo to County Executive 2. Contract Information Sheet 3. 1 Original of Contract SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: S UMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This contract provides funding for housing case management and shelter operations services to homeless individuals living with mental illness. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY Health Departrm,-,mt TO: FROM: RE: DATE: Jack Louws, County Executive Wb Regina A. Delahunt, Director Regina A, DeWitint, Director Greg Stern, M,D,, �+ea�th Officer AUG 2 5 2017 JACK LOUWS COUNTY EXECUTIVE North Sound Behavioral Health Organization, Mental Health Block Grant Amendment #1 August 18, 2017 Enclosed is one original of a contract amendment between Whatcom County and North Sound Behavioral Health Organization for your review and signature, The effective start date of the extension was 01/01/2017. Whatcom County Health Department did not receive the amendment until 07/27/2017, 28 days after the ending date of the contract amendment. The tardiness of the contract amendment did not impact the funds being received and utilized. ■ Background and Purpose This contract provides funding to promote recovery and resilience to homeless individuals living with mental illness through the provision of housing case management and shelter operations services, ■ Funding Amount and Source This contract is funded with federal Mental Health Block Grant dollars via the North Sound Behavioral Health Organization in the amount of $208,854. These funds are included in the 2017 budget. Council approval is required per RCW 39,34.030(2) for agreements between public agencies. Please contact Perry Mowery at extension #6059 if you have any questions regarding this agreement. Encl. 509 Girard Street Whatcom County Bellingham, WA 98225-4005 360.778.6000 1 FAX 360.778.6001HEALTH 0 1500 North State Street Bellingham, WA 98225-4551 WhatcomCountyHealth 360.778.6100 1 FAX 360.778.6101 ' Ov WhatcomCoHealth Der) a r t m e n t www.whatcomcounty.us/health WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 201604009 -1 Originating Department: Health Division/Program: (i.e. Dept. Division and Program) Human Services Contract or Grant Administrator: Perry Mowery Contractor's / Agency Name: North Sound Behavioral Health Organization 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 #: 201604009 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? If yes, grantor agency contract number(s): BHO-WHATCOM-CO-MHBG-16-17 CFDA#: 93.958 Yes ® I No ❑ Is this contract grant funded? If yes, Whatcom County grant contract number(s): Yes ❑ I No ❑ Is this contract the result of a RFP or Bid process? Contract Cost Center: 122400 Yes ❑ No ® I If yes, RFP and Bid number(s): Is this agreement excluded from E-Verify? No ❑ 1 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 amount and Council approval required for; all property leases, contracts or bid awards exceeding any prior amendments): $40,000, and professional service contract amendments that have an increase $ 1158,854 greater than $10,000 or 10% of contract amount, whichever is greater, except when: This Amendment Amount: 1. Exercising an option contained in a contract previously approved by the council. $ 150,000 2. Contract is for design, construction, r-o-w acquisition, professional services, or Total Amended Amount: other capital costs approved by council in a capital budget appropriation $ 1208,854 ordinance. 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 provides funding to promote recovery and resilience to homeless individuals through the provision of housing case management and shelter operations services. Term of Contract: 14 Months Expiration Date: 6/30/2017 Contract Routing: 1. Prepared by: JT Date: 8/1/17 2. Attorney signoff: IDate: ' %3 C-? 3. AS Finance reviewed: Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 1 _ ,27 -/ ,? 6. Submitted to Exec.: Date: g 42 5-/p 7 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: Date: Date: Date: 161 NORTH SOUND BEHAVIORAL HEALTH ORGANIZATION, LLC (NORTH SOUND BHO) CONTRACT AMENDMENT CONTRACT #NORTH SOUND BHO-WHATCOM CO-MHBG-16-17 Amendment 1 Based on the Agreement of the parties to the above -referenced Contract between the North Sound Behavioral Health Organization, LLC (North Sound BHO) and Whatcom County Human Services (Contractor) dated April 11, 2016 is hereby amended as follows: The purpose of this amendment is to add $50,000 to the total reimbursable expenditures under the contract. By mutual agreement of the parties, the following language in Exhibit A — Statement of Work: 5. CONSIDERATION The consideration to be paid by North Sound BHO for the work to be provided by Contractor pursuant to this Contract shall not exceed $158,854 for Federal Fiscal Year 2016-2017. The consideration by North Sound BHO to Contractor pursuant to this Contract shall be paid upon receipt of the expenditure report (Exhibit D) and that meets the requirements of the contract, in accordance with North Sound BHO's standard payment terms. Final billing under this contract must be submitted by July 15, 2017. Shall be replaced with the following language: S. CONSIDERATION The consideration to be paid by North Sound BHO for the work to be provided by Contractor pursuant to this Contract shall not exceed $208,854 for Federal Fiscal Year 2016-2017. The consideration by North Sound BHO to Contractor pursuant to this Contract shall be paid upon receipt of the expenditure report (Exhibit D) and that meets the requirements of the contract, in accordance with North Sound BHO's standard payment terms. Final billing under this contract must be submitted by July 15, 2017 ALL TERMS AND CONDITIONS OF CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT. THIS AMENDMENT IS EXECUTED BY THE PERSONS SIGNING BELOW, WHO WARRANT THAT THEY HAVE THE AUTHORITY TO EXECUTE THIS AMENDMENT. Approved by Executive Director Page 1 of 2 162 THIS AMENDMENT SHALL BECOME EFFECTIVE ON THE DATE OF FINAL SIGNATURE BY THE PARTIES. NORTH SOUND BHO Jo Valentine Date Executive Director WHATCOM COUNTY R e ginAelahunt Date Director NORTH SOUND BHO-WHATCOM CO-MHBG-16-17, AMD 1 Page 2 of 2 163 DEPARTMENT APPROVAL Anne beacon, Human Services Manager WHATCOM COUNTY JACK LOUWS County Executive STATE OF WASHINGTON COUNTY OF WHATCOM On this day of x I Date 2017, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. APPROVED AS TO FORM Royce Buc.ktnp` `, eputy Prosecuting Attorney NOTARY PUBLIC in and for the State of Washington, residing at Bellingham. My Commission expires: Date 164 Whatcom County MHBG Statement of Work A. PURPOSE STATEMENT EXHIBIT A-i The purpose of this Contract is to promote recovery and resilience to individuals with a Serious Mental Illness (SMI) or a Serious Emotional Disturbance (SED) and to provide services that are in alignment with North Sound BHO's Strategic Priorities and in accordance with federal and state MHBG requirements. Effective January 1, 2017 the only program covered under this contract is Sun Community Recovery Housing. 1. STATEMENT OF WORK SUN COMMUNITY RECOVERY HOUSING Priority Population This project will serve Individuals who are homeless with a Serious Mental Illness (SMI), discharging from psychiatric inpatient facilities/institutions and jail/prison settings. Individuals discharging from Western State Hospital are given the highest priority. Program Activities Individuals residing at the Sun House Emergency Shelter will receive housing case management and support in their recovery. Services provided to individuals residing at the house will include, but not be limited to, the following: a. A safe and private room; b. Nutritious meals and snacks; c. Bathing and laundry facilities; and d. Medication monitoring. Staff will provide support and referrals to individuals to promote recovery. Ensuring appointments are made and kept, facilitate arrangements for transportation to appointments and implement goals on an individual's support plan. Staff shall advocate for the residents by setting up phone calls and meetings with people important to the individual's well-being and success, staff are available to residents for conversation and guidance, to provide modeling and intervention in negotiating social skills to encourage and support therapeutic family and social relationships. Staff teach cooking, hygiene and independent living skills. Staff ensures that individual basic needs are met for hygiene, food and warmth. Staff members intervene appropriately and without judgment to individuals who are intoxicated or under the influence of street drugs. Staff members are familiar with meth -induced psychosis, heroin -induced behavioral changes, and symptoms of intoxication. Mental Health symptoms are evaluated throughout the day and documented to establish a baseline so staff members know when an individual is experiencing an increase in symptoms that requires intervention. Page 1 of 3 165 Peer Counselors will be utilized through the Rainbow Recovery Center to provide support in transitions to permanent housing, accessing and integrating into community - based activities. Residents may also attend the Rainbow Center for classes, activities and job preparation skills. Cultural preferences are documented and training is provided to staff on a regular basis and as needed. Needs and preferences of an individual are documented in the support plan. Contractor shall serve 23 unduplicated individuals and provide a 24/7/365 service. Performance Measures Contractor shall monitor and report quarterly on the following measures: a. Number of unduplicated individuals residing at Sun House; and b. Referral source. Outcome Measures Contractor shall monitor and report annually on the following outcome measures: a. 80% of individuals retain housing six months post housing placement; and b. 80% of individuals will maintain or increase total income from all sources. Contractor is responsible for all elements of the above mentioned program. 2. REPORTING REQUIREMENTS No later than July 15, 2016, Contractor shall review their current statement of work and submit any requests for changes for Federal Fiscal Year 2017 in writing to North Sound BHO. Contractor shall provide required reports in accordance with Exhibit F. Contractor shall provide a progress report (Exhibit G) in a timely manner and additional documentation as requested, in order to allow North Sound BHO to submit required progress and implementation reports to DBHR. Contractor shall maintain documentation of the services described in this Contract, including documentation of related outcomes and actual costs. EXHIBITA-i NORTH SOUND BHO-WHATCOM CO-MHBG-16-17 STATEMENT OF WORK Page 2 of 3 166 3. CONSIDERATION The consideration to be paid by North Sound BHO for the work to be provided by Contractor pursuant to this Contract shall not exceed $208,854 for Federal Fiscal Year 2016-2017. The consideration by North Sound BHO to Contractor pursuant to this Contract shall be paid upon receipt of the expenditure report (Exhibit D) and that meets the requirements of the contract, in accordance with North Sound BHO's standard payment terms. Final billing under this contract must be submitted by July 15, 2017. EXHIBITA-i NORTH SOUND BHO-WHATCOM CO-MHBG-16-17 STATEMENT OF WORK Page 3 of 3 167 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-257 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JT 8118117 ' (j v/J r�� (� 9112117 Finance/Council Division [lead: C , (° Dept. Head: po ,P 0 5 2017 f COUNTY ZZProsecutor: � j� .� ,�- //7 Purchasing/Budget: COUNCIL Executive:x\vb TITLE OF D ENT: Contract between Whatcom County and North Sound Behavioral Health Organization ATTACHMENTS: 1. Memo to County Executive 2. Contract Information Sheet 3. 1 Original of Contract 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 provides funding for access to treatment and recovery for opioid and intravenous drug use dependency. 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�0,8website at. www.co.whatcom.wa.us/council. WHATCOM UT Health Depar-Itmerit MEMORANDUM TO: Jack Louws, County Executive FROM: Regina A. Delahunt, Director Greg Stern, M,0- Heailt.tl Officer i y b AUG 2 5 2017 JACK LOUWS COUNTY EXECUTIVE RE: North Sound Behavioral Health Organization, Substance Abuse Block Grant DATE: August 18, 2017 Enclosed are two (2) originals of a contract between Whatcom County and North Sound Behavioral Health Organization for your review and signature. ■ Background and Purpose This contract provides funding to provide opioid outreach services in Whatcom County to individuals who are experiencing opioid dependency and those who use drugs intravenously in order to facilitate access to medication assisted treatment, substance abuse disorder assessment, admission into substance use disorder treatment services, and recovery initiation. ■ Funding Amount and Source This contract is funded with federal Substance Abuse Prevention and Treatment Block Grant and State Mental Health funds via the North Sound Behavioral Health Organization in the amount of $111,727, These funds are included in the 2017 — 2018 budgets. County Council approval is required per RCW 39,34.030(2) for agreements between public agencies, Please contact Jackie Mitchell at extension #6048 if you have any questions regarding this agreement. Encl. 509 Girard Street V V I atco Yl County Bellingham, WA 98225-4005 ® 1500 North State Street 360.778.6000 1 FAX 360.778.6001HEALTH Bellingham, WA 98225-4551 WhatcomCountyHealth Department ¢ 360.778.6100 1 FAX 360.778.6101 0 WhatcomCoHealth D e p a r L m e nt www.whatcomcounty.us/hea WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET .2 o l `7,o Fo `? Originating Department: Health Division/Program: (i.e. Dept. Division and Program) Human Services Contract or Grant Administrator: Jackie Mitchell Contractor's / Agency Name: North Sound Behavioral Health Organization Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06,010, 3.08.090 and 3.08.100) Is this a grant agreement? If yes, grantor agency contract number(s): BHO — WHATCOM CO — SABG —17 —19 CFDA#: 93.959 Yes ® I No ❑ Is this contract grant funded? If yes, Whatcom County grant contract number(s): Yes ❑ I No ❑ Is this contract the result of a RFP or Bid process? Contract Cost Center: 675500 Yes ❑ I No ® I If yes, RFP and Bid number(s): Is this agreement excluded from E-Verify? No ❑ I 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. ® Interiocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract amount and Council approval required for; all property leases, contracts or bid awards exceeding any prior amendments): $40,000, and professional service contract amendments that have an increase $ 1111,727 greater than $10,000 or 10% of contract amount, whichever is greater, except when: This Amendment Amount: 1. Exercising an option contained in a contract previously approved by the council. $ 1 2. Contract is for design, construction, r-o-w acquisition, professional services, or Total Amended Amount: other capital costs approved by council in a capital budget appropriation $ ordinance. 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: The purpose of this contract is to provide funding for access to treatment and recovery for opioid and intravenous drug use dependency. Term of Contract: 2 Years Expiration Date: 6/30/2019 Contract Routing: 1. Prepared by: JT Date: 8/7/2017 2. Attorney signoff: ;� '`, Date: j'- ? j j 77 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: IDate: 9. Original to Council IDate: MIC WHAT ': �"� ire x a3 i� d i Cd 0117096a NORTH SOUND BEHAVIORAL HEALTH ORGANIZATION, LLC 93.959 COMMUNITY SUBSTANCE ABUSE BLOCK GRANT (SABG) CONTRACT WITH WHATCOM COUNTY CONTRACT #NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 J U LY 1, 2017 TO J U N E 30, 2019 Page I of 38 Approved by County Authorities Executive Committee 6/8/17, Motion #17-50 171 I TABLE OF CONTENTS 2 A. DEFINITIONS.......................................................................................................................................6 3 4 B. PERFORMANCE STANDARDS...........................................................................................................16 5 2. Background Checks (RCW 43.43.832, WAC 388-877 And 388-877b)........................................16 6 3. Faith Based Organization(FBO)..................................................................................................16 7 4. Substance Use Disorder (SUD) Service Transition......................................................................17 8 5. Identical Treatment....................................................................................................................17 9 10 C. FINANCIAL TERMS AND CONDITIONS.......................................................................................18 11 1. General Fiscal Assurances........................................................................................................... 18 12 2. Financial Accounting Requirements...........................................................................................18 13 3. Rules Compliance........................................................................................................................18 14 4. Financial Provisions - Reimbursement Requirements...............................................................19 15 5. Uses and Use Restrictions...........................................................................................................19 16 17 D. OVERSIGHT, REMEDIES AND TERMINATION.............................................................................21 18 1. Oversight Authority.................................................................................................................... 21 19 2. Remedial Action..........................................................................................................................21 20 3. Payment Withhold...................................................................................................................... 23 21 4. Individuals Serviced by Medicaid and Other Mental Health Program are not Third -Party 22 Beneficiaries Under this Contract............................................................................................... 23 23 5. Additional Financial Penalties - DBHR Imposed Sanctions........................................................ 23 24 6. Termination Due to Change In Funding...................................................................................... 23 25 7. Termination for Convenience.....................................................................................................23 26 8. Termination for Default.............................................................................................................. 23 27 9. Termination Procedure...............................................................................................................24 28 29 E. GENERAL TERMS AND CONDITIONS FOR CONTRACTOR...........................................................26 30 1. Background................................................................................................................................. 26 31 2. Mutual Commitments................................................................................................................. 26 32 3. Assignment................................................................................................................................. 26 33 4. Authority.....................................................................................................................................26 34 5. Compliance with Applicable Laws, Regulations and Operational Policies.................................27 35 6. Compliance with North Sound BHO Operational Policies.: ........................................................ 28 36 7. Confidentiality of Client Information.......................................................................................... 28 37 8. Contract Performance/Enforcement..........................................................................................29 38 9. Cooperation................................................................................................................................ 29 39 10. Debarment Certification............................................................................................................. 29 40 11. Execution, Amendment and Waiver........................................................................................... 29 41 12. Headings and Captions............................................................................................................... 30 42 13. Indemnification........................................................................................................................... 30 43 14. Independent Contractor for North Sound BHO.......................................................................... 30 44 15. Insurance.................................................................................................................................... 30 NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 2 of 38 172 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 TABLE OF CONTENTS - cont. 16. Integration.................................................................................................................................. 31 17. Maintenance of Records............................................................................................................. 31 18. No Waiver of Rights.................................................................................................................... 31 19. Ongoing Services......................................................................................................................... 32 20. Order of Precedence................................................................................................................... 32 21. Overpayments............................................................................................................................ 32 22. Ownership of Materials..............................................................................................................32 23. Performance............................................................................................................................... 33 24. Resolution of Disputes................................................................................................................ 33 25. Severability and Conformity.......................................................................................................34 26. Single Audit Act........................................................................................................................... 34 27. Subrecipients.............................................................................................................................. 34 28. Subcontracts............................................................................................................................... 35 29. Survivability................................................................................................................................36 30. Treatment of Client Property..................................................................................................... 36 31. Warranties.................................................................................................................................. 37 32. Contract Administration............................................................................................................. 37 NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 3 of 38 173 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 EXHIBITS Exhibit A — Scope of Work Exhibit B — Removed without Replacement Exhibit C — Removed without Replacement Exhibit D — Expenditure Report Form Exhibit E—SAMHSA's 10 Fundamental Components of Recovery Exhibit F — Deliverables Exhibit G — Program Capacity Report Exhibit H — Culturally and Linguistically Appropriate Services NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 4 of 38 174 1 93.959 COMMUNITY MENTAL HEALTH SERVICES 2 SABG CONTRACT 3 4 5 THIS BEHAVIORAL HEALTH SERVICES CONTRACT (the "Contract"), pursuant to RCW Chapter 71.24 and all 6 relevant and associated statutes, as amended, is made and entered into by and between the North Sound 7 Behavioral Health Organization, LLC (North Sound BHO), a governmental limited liability company 8 pursuant to RCW Chapter 70.24, 301 Valley Mall Way, Suite 110, Mount Vernon, WA 98273 and Whatcom 9 County (Contractor), a member County, 509 Girard Street, Bellingham, WA 98225. 10 11 12 I. RECITALS 13 14 WHEREAS, Island County, San Juan County, Snohomish County, Skagit County and Whatcom 15 County (the "County Authorities") , as defined by RCW 71.24.025 (10), entered into a Joint County 16 Authority BHO Interlocal Operating Agreement to cooperatively provide a community health program 17 and regional system of care, with the collective goal of consolidating administration, reducing 18 administrative layering and reducing administrative costs, consistent with the State of Washington's 19 legislative policy as set forth in RCW Chapter 71.24 ("Operating Agreement"); and 20 21 WHEREAS, North Sound BHO is a governmental limited liability company formed by an 22 operating agreement entered into by the foregoing five (5) County Authorities in response to a request 23 for a detailed plan and to contract with the State of Washington to operate as a Behavioral Health 24 Organization as provided for in RCW 71.24.100 and Chapter 25.15. 25 26 WHEREAS, the Operating Agreement provides a means for each County Authority to share in 27 the cost of behavioral health services, for payment of services and for the audit of funds, as provided 28 for in RCW 71.24.100 and provides for the joint supervision and operation of services and facilities, as 29 provided for in RCW 71.24.110. 30 31 WHEREAS, North Sound BHO anticipates increased need for behavioral health services in the 32 community and recognizes the need for expansion of services and strengthening of cooperation among 33 service providers to meet this challenge; and 34 35 WHEREAS, North Sound BHO is engaged in the administration of services described on Exhibit 36 A ("Services"); 37 38 WHEREAS, Contractor is engaged in the provision of mental health and substance use disorder 39 (SUD) services within Whatcom County ("County"); and 40 41 WHEREAS, North Sound BHO desires that Contractor provide, market, distribute and 42 otherwise do all things necessary to deliver Services in the Counties; NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 5 of 38 175 1 WHEREAS, the parties to this Contract desire to promote the continuity of care for consumers, 2 avoid service disruption, assure the provision of SUD services and strengthen the regional service 3 network; and 4 5 WHEREAS, the parties shall separately enter into a Business Associate Agreement (Exhibit 1) to 6 ensure compliance with the Privacy and Security Rules of the Health Insurance Portability and 7 Accountability Act of 1996 ("HIPAA Privacy and Security Rules") (45 CFR Parts 160 and 164); now, 8 therefore, 9 10 THE PARTIES AGREE AS FOLLOWS: 11 12 11. CONTRACT 13 14 This Contract incorporates the Exhibits to the Contract and other documents incorporated by 15 reference. 16 17 The effective date of this Contract is July 1, 2017, through June 30, 2019. 18 19 A. DEFINITIONS 20 21 Abuse means provider practices that are inconsistent with sound fiscal, business or medical practices 22 and results in an unnecessary cost to the Medicaid program, or reimbursement for services not 23 medically necessary, or fails to meet professionally recognized standards for health care (Medicaid 24 Managed Care Fraud and Abuse Guidelines). 25 26 Access refers to the initial request for services, initial screening and the related response -time 27 requirements as defined in the Clinical Eligibility and Care Standards section of'North Sound BHO 28 contract. 29 30 Action means in the case of a Prepaid Inpatient Health Plan (PIHP) service: 31 32 1. Denial or limited authorization of a requested service, including the type or level of service 33 and any service denial based on Access to Care; 34 2. Reduction, suspension, or termination of a previously authorized service; 35 3. Denial in whole, or in part, of payment for a service; 36 4. Failure to provide services in a timely manner, as defined by the state; 37 5. Failure of a Contractor to act within the timeframes provided in section 42 CFR 438.408(b), 38 WAC 388-877A-0420 and 388-877A-0450. 39 40 Administrative Costs means costs for the general operation of the public behavioral health system. 41 These activities cannot be identified with specific direct services or direct services support function as 42 defined in the Budget, Accounting and Reporting System (BARS) supplemental instructions. 43 44 American Society of Addiction Medicine (ASAM) NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 6 of 38 176 1 Annual Revenue means all revenue received by the PIHP pursuant to the Contract for July of any year 2 through June of the next year. 3 4 Appeal means a request for review of an action as "action" is defined above. 6 Appropriate means the extent a particular procedure, treatment, or service is clearly indicated and 7 not excessive, adequate in quantity and provided in the setting best suited to the needs of the 8 recipient. 10 Arbitration means the process by which the parties to a dispute submit their differences to the 11 judgment of an impartial person or group appointed by mutual consent or statutory provision. 12 13 ASAM Criteria means a clinical tool to systemically evaluate the severity and diagnosis of an 14 Individual's need for treatment along six (6) dimensions and then utilize a fixed combination rule to 15 determine which of four (4) levels of care a substance abusing Individual will respond to with the 16 greatest success. ASAM also includes recommended duration of SLID treatment. 17 18 Assessment means diagnostic services provided by a Chemical Dependency Professional (CDP) or CDP 19 trainee under CDP supervision to determine an Individual's involvement with alcohol and other drugs 20 (see WAC 388-8778-0500 for a detailed description of assessment requirements). 21 22 Authorized Representative means an Individual appointed by an Enrollee, or authorized under State 23 or other applicable law, to act on behalf of an Enrollee or other party involved in an Appeal or 24 Grievance. If the Enrollee gives written permission, the Authorized Representative may include a 25 behavioral health practitioner working on behalf of the Individual. 26 27 Behavioral Health Agency (BHA) means an agency licensed by the State of Washington to provide 28 behavioral health and/or SLID treatment and is subcontracted under this contract to provide services. 29 30 Behavioral Health Organization (BHO) means a county authority, group of county authorities or other 31 entity recognized by the Secretary that contracts for behavioral health services and SLID treatment 32 services within a defined Regional Service Area. 33 34 BHO Advisory Board according to RCW 71.24.300 Section (4) means the behavioral health advisory 35 board appointed by each BHO, which reviews and provides comments on plans and policies related to 36 service delivery and outcomes. As per WAC 388-865-0222, the BHO must promote active 37 engagement with persons with behavioral disorders, their families and service providers by soliciting 38 and using input to improve its services and appoints a BHO Advisory Board to fulfill this purpose. 39 40 Capitation Payment means a payment the Department of Social and Health Services (DSHS) makes 41 periodically to a PIHP on behalf of each recipient enrolled under a contract for the provision of 42 medical services under the State Plan. DSHS makes the payment regardless of whether the particular 43 recipient receives the services during the period covered by the payment. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 7 of 38 177 1 Case Management means services provided by a Chemical Dependency Professional (CDP) or 2 Chemical Dependency Professional Trainee (CDPT), or a person under the clinical supervision of a CDP 3 who will assist individuals in gaining access to needed medical, social, education and other services. 4 This covers costs associated with case planning, case consultation and referral services and other 5 support services for the purpose of engaging and retaining individuals in treatment or maintaining 6 individuals in treatment. 8 Center for Medicare and Medicaid Services (CMS) the US federal agency which administers Medicare, 9 Medicaid and the Children's Health Insurance Program. 10 11 Chemical Dependency Professional (CDP) means an individual licensed through the Washington State 12 Department of Health (DOH). A CDP is the individual with primary responsibility for implementing an 13 individualized plan for SUD treatment services. 14 15 Chemical Dependency Professional Trainee (CDPT) means, an individual working toward the 16 education and experience requirements for certification as a CDP and who has been credentialed as a 17 CDPT. 18 19 Code of Federal Regulations (CFR) means all references in this Contract to CFR chapters or sections 20 shall include any successor, amended, or replacement regulation. The CFR may be accessed at 21 https://www.gpo.gov/fdsys/`search/submitcitation.action?publication=CFR. 22 23 Community Mental Health Agency (CMHA) means an agency licensed by the State of Washington to 24 provide behavioral health services and subcontracted to provide behavioral health services covered 25 under this Contract. 26 27 Community Support Services is all community -based, outpatient services. As defined in RCW 28 71.24.025(8) and WAC 388-865 —case management services; 388-865 — residential services; 388-865- 29 0464 — employment services; 388-865 — psychiatric and medical services; 388-865 — In -home services; 30 and 388-865 — Individual or advocate -run services. 31 32 Confidential Information means information exempt from disclosure to the public or other 33 unauthorized persons under RCW Chapter 42.56 or other federal or state laws. Confidential 34 information includes, but is not limited to, personal information. 35 36 Consultation means the clinical review and development of recommendations regarding the job 37 responsibilities, activities, or decisions of clinical staff, contracted employees, volunteers, or students 38 by persons with appropriate knowledge and experience to make recommendations. 39 40 Contract means this document, the General Terms and Conditions and any Special Terms and 41 Conditions, including any Exhibits and other documents attached or incorporated by reference. 42 43 Contractor means an independent Contractor, its employees, agents and Subcontractors. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 8 of 38 178 1 Corrective Action/Compliance Review is when findings from a North Sound BHO/Division of 2 Behavioral Health and Recovery (DBHR) review or other monitoring efforts or audits show apparent 3 violations of this Contract. Contractor shall implement corrective action within specified timeframes 4 determined by North Sound BHO/DBHR or other auditors. Corrective Action Plan (CAP) is a written plan specifying what Contractor is required to do to be in compliance. This includes required improvements and a time line for such action(s) to be accomplished. 10 Cost Reimbursement means the subcontractor is reimbursed for actual expenses up to the maximum 11 consideration allowed in the contract. 12 13 Crisis may be self -defined or a situation where an individual is acutely behaviorally ill, or experiencing 14 serious disruption in cognitive, volitional, psychosocial and/or neurophysiologic functioning. 15 16 Cultural Competence means a set of congruent behaviors, attitudes and policies that come together 17 in a system or agency and enable that system or agency to work effectively in cross-cultural 18 situations. A culturally competent system of care acknowledges and incorporates at all levels the 19 importance of language and culture, assessment of cross-cultural relations, knowledge and 20 acceptance of dynamics of cultural differences, expansion of cultural knowledge and adaptation of 21 services to meet culturally unique needs. 22 23 Data means information disclosed or exchanged as described by the Contract. 24 25 Date of first contact means the date Individual contacts an agency by any means (walk-in, telephone 26 call, referral through a physician, counselor or CDP, etc.) to request a service. 27 28 Day for purposes of this Contract means calendar days unless otherwise indicated in the Contract. 29 30 Debarment means an action taken by a federal official to exclude a person or business entity from 31 participating in transactions involving certain federal funds. 32 33 Deliverable means any written information required for submission to North Sound BHO to satisfy the 34 work requirements of this Contract and are due by a particular date or on a regularly occurring 35 schedule. 36 37 Denial means the decision by the PIHP to refuse authorization of covered Medicaid behavioral health 38 services that have been requested by an Enrollee or a provider on behalf of an eligible Medicaid 39 Enrollee. It is also a denial if an intake or assessment is not provided upon request by a Medicaid 40 Enrollee. 41 42 Department of Social and Health Services (DSHS) means the State of Washington and its Secretary, 43 officers, employees and authorized agents. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 9 of 38 179 1 Dependent Child(ren) means in the context of services that fall within the category of Pregnant, Post- 2 Partum and Parenting Women (PPW) Residential Treatment, an Individual age six (6) or younger. 3 4 Employment Services means services or activities provided to assist Individuals in securing 5 employment or acquiring or learning skills that promote opportunities for employment. Component 6 services or activities may include employment screening, assessment, testing, structured job skills 7 and job seeking skills, specialized therapy (occupational, speech, physical), special training and 8 tutoring including literacy training and pre -vocational training, provision of books, supplies and 9 instructional material, counseling, transportation and referral to community resources. 10 11 Enrollee means a Medicaid recipient who is currently enrolled in a PIHP. 12 13 Family means: 14 15 1. For adults, those the individual defines as family (i.e., guardians, siblings, caregivers and 16 significant others); 17 2. For children, a child's biological parents, adoptive parents, foster parents, guardian, or legal 18 custodian authorized pursuant to RCW Title 26; a relative with whom a child has been placed 19 by DSHS or Tribe. 20 21 For Profit means a business or institution initiated or operated for the purpose of making a profit. 22 23 Global Appraisal of Individual Needs — Short Screener (GAIN -SS) means a tool used for conducting an 24 integrated comprehensive screening of SUD and behavioral health issues. 25 26 Health and Recovery Services Administration (HRSA) means the DSHS Administration governing public 27 health care, mental health care, SUD services its employees and authorized agents. 28 29 Health Insurance Portability and Accountability Act (HIPAA) of 1996 is codified in 42 USC §1320(d) 30 et.seq. and CFR Parts 160, 162 and 164. 31 32 Housing Services means the services or activities designed to assist individuals or families in locating, 33 obtaining or retaining suitable housing. Component services or activities may include tenant 34 counseling, helping individuals and families to identify and correct substandard housing conditions on 35 behalf of individuals and families who are unable to protect their own interests and assisting 36 individuals and families to understand leases, secure utilities and make moving arrangements. 37 38 Indigent Individuals means those receiving a DSHS income assistance grant (e.g., TANF) or WA Apple 39 Health. They are usually identified by a Medicaid identification card. Food stamp recipients are not 40 considered Indigent Individuals unless they also receive one of the above grant or medical assistance 41 programs. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 10 of 38 1 Individual means a person who applies for, is eligible for or receives BHO authorized behavioral 2 health services form an agency licensed by the Department as a BHA. In the case of a minor, the 3 individual's parent or if applicable, the individuals' custodial parent. S Individual Using Intravenous Drugs (IUID) means an Individual who has used a needle one or more 6 times to illicitly inject drugs. 7 8 Involuntary Treatment includes all services and administrative functions required for the evaluation 9 for involuntary detention or involuntary treatment of individuals in accordance with RCW 71.05, 10 71.24.300 and 71.34. 11 12 Level of Care Guidelines means the criteria the BHO uses in determining the scope, duration and 13 intensity of services to be provided. 14 15 Low -Income Individual means an Individual whose gross household monthly income is at or below 16 220% of the Federal Poverty Guidelines. 17 18 Medicaid Waiver is a waiver granted by the Secretary of DSHS to requirements of 42 USC 1396a for 19 the purpose of permitting the DSHS Mental Health Division to operate a capitated managed care 20 system to provide services to enrolled recipients of the Medicaid program. Under 42 USC 1396n, the 21 Secretary is authorized to grant such waivers to the extent he/she finds proposed improvements or 22 specified practices in the provision of services under Medicaid to be cost-effective, efficient and 23 consistent with objectives of the Medicaid program. 24 25 Medical Necessity or Medically Necessary means a requested service which is reasonably calculated 26 to prevent, diagnose, correct, cure, alleviate or prevent the worsening of conditions in the recipient 27 that endanger life, or cause pain or suffering, result in illness or infirmity, threaten to cause or 28 aggravate a handicap, or cause physical deformity or malfunction and there is no other equally 29 effective, more conservative, or substantially less costly course of treatment available or suitable for 30 the person requesting service. "Course of treatment" may include mere observation or, where 31 appropriate no treatment at all. 32 33 Office of Management and Budget (OMB) Circular A-133 means audits of States, Local Governments 34 and Non -Profit Organizations. 3D5 36 Opiate Substitution Treatment Services (OST) means provision of treatment services and medication 37 management (methadone, etc.) to individuals addicted to opiates. 38 39 Outcome means the results of a service period of treatment. The extents to which services are 40 provided to individuals experiencing emotional and behavioral disorders have a positive or negative 41 effect on their well-being, circumstances and capacity for self -management and recovery. 42 NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 11 of 38 181 1 Outreach means a behavioral health service where individuals with mental illness and/or SUD are 2 contacted in their place of residence or in non-traditional settings for the purpose of: 3 4 1. Improving their behavioral health, health, or social functioning; or 5 2. Increasing their utilization of human services and resources. 6 7 There are two basic approaches to outreach: 8 9 1. Mobile (going to an individual/family); and 10 2. Peer/Drop-in centers (i.e., shelters, clubhouses, kitchens, clothing banks). 11 12 Regardless of the approach, the outreach process has five (5) important components: 13 14 1. Locating individuals in need of services; 15 2. Engaging individuals into service; 16 3. Assessing their needs; 17 4. Linking individuals to an appropriate level of support services; and 18 5. Providing follow-up services. 19 20 Performance -based means the subcontractor is compensated on attainment of specific outcomes. 21 22 Performance Indicator(s) means system level information on the types of service to individuals, the 23 duration and intensity of services, staffing patterns and fiscal viability. 24 25 Personal Information means information identifiable to any person, including, but not limited to, 26 information that relates to a person's name, health, finances, education, business, use or receipt of 27 governmental services or other activities, addresses, telephone numbers, social security numbers, 28 driver license numbers, other identifying numbers and any financial identifiers. 29 30 Pregnant and Postpartum Women and Women with Dependent Children (PPW) means: 31 32 1. Women who are pregnant; 33 2. Women who are postpartum during the first year after pregnancy completion regardless of 34 the outcome of the pregnancy or placement of children; 35 3. Women who are parenting children under the age of six (6) including those attempting to gain 36 custody of children supervised by DSHS, Division of Children and Family Services (DCFS). 37 38 Prepaid Inpatient Health Plan (PIHP) means an entity that provides or arranges for: 39 40 1. Behavioral health services to enrollees under contract with the state on the basis of prepaid 41 capitation payments, or other payment arrangements that do not use state plan payment 42 rates; 43 2. Provides, arranges for, or otherwise has responsibility for the provision of any inpatient 44 hospital or institutional services for its enrollees; or 45 3. Does not have a comprehensive risk contract. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 12 of 38 182 1 Publish means an officially sanctioned document provided by North Sound BHO/DSHS Internet or 2 Intranet websites for downloading, reading, or printing. Contractor shall be notified in writing or by 3 e-mail when a document meets these criteria. 4 5 Recovery means the processes through which people are able to live, work, learn and participate fully 6 in their communities. 7 8 Reduction means the decision by a PIHP to decrease a previously authorized covered Medicaid 9 behavioral health service described in the Level of Care Guidelines. The clinical decision by a 10 BHA/CMHA to decrease or change a covered service in an Individualized Service Plan (ISP) is not a 11 reduction. 12 13 Request for Service means the point in time when services are sought or applied for through a 14 telephone call, walk-in, or written request for services from an enrollee or the person authorized to 15 consent to treatment for that enrollee. For purposes of this Contract, an early periodic screening, 16 diagnosis and treatment (EPSDT) referral is only a Request for Service when the enrollee or the 17 person authorized to consent to treatment for that enrollee has confirmed they are requesting 18 service. 19 20 Reserve Accounts means an allocation of fund balance at the BHO set aside for a specific purpose by 21 the BHO County Authorities Executive Committee or local legislative authority. 22 23 1. Operating Reserve — Funds designated from behavioral health revenue sources set aside into 24 an operating reserve account by official action of the BHO's governing body. Operating 25 reserve funds may only be set aside to maintain adequate cash flow for the provision of 26 behavioral health services. 27 2. Inpatient -Risk Reserve — Funds designated from behavioral health revenue sources to pay for 28 future inpatient hospital claims. 29 30 Resilience means the personal and community qualities that enable individuals to rebound from 31 adversity, trauma, tragedy, threats, or other stresses and to live productive lives. 32 33 Revised Code of Washington (RCW) means all references in this Contract to RCW chapters or sections 34 shall include any successor, amended, or replacement statute. The RCW can be accessed at 35 http://slc.leg.wa.gov. 36 37 Risk means the possibility Contractor may incur a loss because the cost of providing services may 38 exceed the premium payments made by North Sound BHO to Contractor for services covered under 39 this Contract (42 CFR 434.2). 40 41 Screening means initial face-to-face or telephone interview to assess immediate behavioral health 42 needs of a client for referral and/or treatment per Health Care Procedural Coding System (HCPCS). 43 Depending upon level of need, a full multi -axial assessment frequently follows screening. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 13 of 38 183 1 Secretary means the individual appointed by the Governor, State of Washington, as the head of 2 DSHS, or his/her designee. 4 Serious Emotionally Disturbed (SED) means, according to Federal Register Vol. 58, No. 96, May 20, 5 1993, children from birth up to age 18 who have a diagnosable mental, behavioral, or emotional 6 disorder of sufficient duration to meet diagnostic criteria specified within DSM III-R, and results in 7 functional impairment which substantially interferes with or limits the child's role or functioning in 8 family, school, or community activities. 10 Serious Mental Illness (SMI) means, according to Federal Register Vol. 58, No. 96, May 20, 1993, 11 persons age 18 and over who currently, or at any time during the past year, have a diagnosable 12 mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified 13 within DSM III-R, that has resulted in functional impairment which substantially limits one or more 14 major life activities. 15 16 Service Area means the geographic area covered by this Contract for which the PIHP is responsible. 17 18 Subcontract means a separate contract between Contractor and an individual or entity 19 (subcontractor) to perform all or a portion of the duties and obligations Contractor shall perform 20 pursuant to this Contract. 21 22 Subcontractor means an individual or entity performing all or part of the services under this Contract 23 under a separate contract with Contractor or its subcontractors. 24 25 Substance Abuse Block Grant (SABG) means funds granted by the Secretary, through the Center for 26 Mental Health Services (CMHS), Substance Abuse and Mental Health Services Administration 27 (SAMHSA), to plan, carry out and evaluate the provisions of the Washington State Block Grant State 28 Plan. 29 30 Substance Use Disorder (SUD) means a problematic pattern of alcohol/drug use leading to clinically 31 significant impairment or distress as categorized in the DSM 5. 32 33 Suspension means the decision by fa PIHP or formal designee, to temporarily stop previously 34 authorized Medicaid covered behavioral health services described in their Level of Care Guidelines. 35 The clinical decision of a BHA/CMHA to temporarily stop or change a covered service in the 36 Individualized Resiliency/Recovery Plan (IRP) is not a suspension. 37 38 Termination means the decision by a PIHP or their formal designee, to stop previously authorized 39 covered by Medicaid behavioral health services described in their Level of Care Guidelines. The 40 clinical decision by a BHA/CMHA to stop or change a covered service in the ISP is not a termination. 41 42 Title 42 is the CFR Public Health Service. 43 44 Title M is grants with states for Medical Assistance Program. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 14 of 38 Im 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Title XXI is the State Children's Health Insurance Program. Waiver means a document by which DSHS/DBHR requests sections of the Social Security ACT (SSA) be waived in order to operate a capitated managed -care system to provide services to enrolled recipients. Section 1915(b) of the Act, authorizes the Secretary to waive the requirements of sections 1902 of the Act to the extent he or she finds proposed improvements or specified practices in the provision of services under Medicaid to be cost-effective, efficient and consistent with the objectives of the Medicaid program. Washington Administrative Code (WAC) means all references in this Contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. The WAC can be accessed at http://slc.leg.wa.gov. Withdrawal Management means a set of interventions aimed at managing intoxication and withdrawal. Young Adult means a person age 18-20. Youth means a person age 13-16. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 15 of 38 185 1 B. PERFORMANCE STANDARDS 2 In carrying out its responsibilities under this contract, Contractor shall comply with the following 3 performance standards: 4 5 i. Contractor shall ensure Contractor and any applicable subcontractors comply with 6 general limitations on the use of SABG funds. 7 ii. If Contractor subcontracts for the provision of services under this contract it shall 8 maintain documentation of its oversight and monitoring of subcontractors who are 9 providing services described in this Contract, including documentation of related 10 outcomes and actual costs and provide such documentation when requested by North 11 Sound BHO. 12 iii. Contractor shall incorporate SAMHSA's 10 Fundamental Components of Recovery 13 (Exhibit E) in the daily activities and interactions with individuals seeking help with their 14 recovery. 15 16 1. BACKGROUND CHECKS (RCW 43.43.832, WAC 388-877 and 388-877B) 17 Contractor must ensure a criminal background check is conducted on all staff members; 18 case managers, outreach staff members, etc.; and volunteers who have unsupervised 19 access to children, adolescents, vulnerable adults and persons who have developmental 20 disabilities. 21 22 When providing services to Youth, Contractor must ensure requirements of WAC 388-06- 23 0170 are met. 24 25 2. FAITH BASED ORGANIZATION (FBO) 26 Contractor must meet the requirements of 45 CFR Part 54 as follows: 27 28 a. Individuals must be provided with a choice of providers. 29 b. The FBO must facilitate a referral to an alternative provider within a reasonable time 30 frame when requested by the Individual. 31 C. The FBO must report to the North Sound BHO all referrals made to alternative 32 providers. 33 d. The FBO must provide Individuals with a notice of their rights. 34 e. The FBO provides recipients with a summary of services that includes any inherently 35 religious activities. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 16 of 38 1 f. Funds received from the Federal Block Grant must be segregated in a manner 2 consistent with Federal regulations. 3 g. No funds may be expended for religious activities such as: 4 5 i. Worship; 6 ii. Religious instruction; 7 iii. Prose lytization. 8 9 h. In delivering services, including outreach activities, SABG funded FBO cannot 10 discriminate against current or prospective program participants based upon: 11 12 i. Religion; 13 ii. Religious belief; 14 iii. Refusal to hold a religious belief; 15 iv. Refusal to actively participate in a religious practice. 16 17 3. SUBSTANCE USE DISORDER (SUD) SERVICE TRANSITION 18 Contractor shall ensure all individuals in SUD services remain in a course of treatment that 19 began prior to April 1, 2016 for up to 60 days or based on ASAM criteria as follows: 20 21 a. The course of treatment is complete; or 22 b. Contractor evaluates the individual and determines services are no longer necessary; 23 or 24 C. Contractor determines a different course of treatment is indicated. 25 26 4. IDENTICAL TREATMENT 27 All facilities receiving SABG Funding are required to provide the same services to all 28 Individuals who are financially eligible to receive State or Federal assistance and in need of 29 services. No distinction must be made between State and Federal funding when providing 30 the following services including, but not limited to: 31 32 a. Women's services; 33 b. Individuals using intravenous drugs; 34 C. Tuberculosis services; 35 d. Childcare services for parenting women; 36 e. Interim Services. 37 NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 17 of 38 187 1 C. FINANCIAL TERMS AND CONDITIONS 2 3 1. GENERAL FISCAL ASSURANCES 4 Contractor shall comply with all applicable laws and standards, including Generally 5 Accepted Accounting Principles and maintain, at a minimum, a financial management 6 system that is a viable, single, integrated system with sufficient sophistication and 7 capability to effectively and efficiently process, track and manage all fiscal matters and 8 transactions. The parties' respective fiscal obligations and rights set forth in this Article D 9 shall continue after termination of this contract until such time as the financial matters 10 between the parties resulting from this contract are completed. 11 12 2. FINANCIAL ACCOUNTING REQUIREMENTS 13 14 a. Funding that supports this Contract comes from Community Mental Health Services 15 Block Grant funds, from the federal Department of Health and Human Services 16 (DHHS), CFDA #93.959. 17 b. Contractor shall produce annual audited financial statements and make such reports 18 available to North Sound BHO upon request. 19 C. Contractor is required to limit Administration costs to no more than 15% of the 20 annual revenue supporting the public behavioral health system operated by 21 Contractor. Administration costs shall be measured on a fiscal year basis and based 22 on the information reported in the Revenue and Expenditure reports and reviewed 23 by North Sound BHO. 24 25 3. RULES COMPLIANCE 26 Contractor shall: 27 28 a. Account for public mental health expenditures under this Contract in accordance 29 with federal circular A-133 and A-87 or other applicable circular and state 30 requirements in accordance with the BARS Manual and BARS Supplemental 31 Instructions; 32 b. Ensure State or Federal funds are not used to replace local funds from any source, 33 which were being used to finance mental health services in the constituent 34 county/counties in the calendar year prior to January 1, 1990. Contractor shall not 35 use State or Federal funds to replace local funds used to administer the Involuntary 36 Treatment Program in the constituent county/counties in the calendar year prior to 37 January 1, 1974. 38 C. Not receive payments from North Sound BHO in advance or anticipation of the 39 delivery of services to be provided pursuant to this Contract; 40 d. Pay Contractor only for authorized services provided in accordance with this 41 Contract. If this Contract is terminated for any reason, North Sound BHO shall pay 42 only for services authorized and provided through the date of termination. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 18 of 38 Im 1 e. Not bill North Sound BHO for services performed under this contract and North 2 Sound BHO shall not pay Contractor, if Contractor has charged or will charge the 3 State of Washington or any other party under any other contract or contract for the 4 same services. 5 6 4. FINANCIAL PROVISIONS — REIMBURSEMENT REQUIREMENTS 7 The consideration by North Sound BHO to Contractor pursuant to this Contract shall be 8 paid upon receipt of an invoice that meets the requirements of Exhibit A, in accordance 9 with North Sound BHO's standard payment terms. North Sound BHO shall provide a 10 budget for the 2018-2019 fiscal year once this information becomes available from DSHS. 11 Final billing under this contract must be submitted by July 31, 2019. 12 13 S. USES AND USE RESTRICTIONS 14 The 93.959 SABG for Community Mental Health Services funding may not be used to 15 provide inpatient services; make cash payments to intended recipients of health services, 16 purchase or improve land, purchase, construct, or permanently improve (other than minor 17 remodeling) any building or other facility or purchase major medical equipment, to satisfy 18 any requirement for the expenditure of nonfederal funds as a condition for the receipt of 19 Federal funds, or to provide financial assistance to any entity other than a public or 20 nonprofit private entity. 21 22 Contractor shall not use SABG Funds for the following: 24 a. Services and programs covered under the capitation rate for Medicaid -covered 25 services to Medicaid enrollees; 26 b. Inpatient mental health services; 27 C. Mental Health Services; 28 d. Construction and/or renovation; 29 e. Capital assets or the accumulation of operating reserve accounts; 30 f. Equipment costs over $5,000; 31 g. Cash payments to Individuals; 32 h. State match for other federal funds; 33 i. To purchase or improve land, purchase, construct, or permanently improve (other 34 than minor remodeling) any building or other facility; or purchase major medical 35 equipment; 36 j. Satisfy any requirement for the expenditure of non -Federal funds as a condition for 37 the receipt of Federal funds; 38 k. Provide financial assistance to any entity other than a public or nonprofit private 39 entity; 40 I. Make payments to intended recipients of health services; 41 M. Provide Individuals with hypodermic needles or syringes; 42 n. Provide treatment services in penal or correctional institutions of the State. 43 NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 19 of 38 i• 7 9 10 11 12 13 14 15 16 17 Target Population: Contractor must ensure SABG Funds are used only for services to Individuals who are not enrolled in Medicaid or for services not covered by Medicaid, as described below. Benefits Services Use SABG Use Medicaid Individual is not a Any type Yes No Medicaid recipient Individual is a Allowed under No Yes Medicaid Medicaid recipient Individual is a Not allowed Yes No Medicaid under Medicaid recipient NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 20 of 38 190 1 D. OVERSIGHT, REMEDIES AND TERMINATION 2 3 1. OVERSIGHT AUTHORITY 4 North Sound BHO, DSHS, Office of the State Auditor, DHHS, CMS, the Comptroller General, 5 or any of their duly -authorized representatives (i.e., External Quality Review Organizations 6 [EQRO]), have the authority to conduct announced and unannounced: a) surveys, b) 7 audits, c) reviews of compliance with licensing and certification requirements and 8 compliance with this Contract, d) audits regarding the quality, appropriateness and 9 timeliness of mental health services of Contractor and subcontractors and e) audits and 10 inspections of financial records of Contractor and subcontractors. Contractor shall notify 11 North Sound BHO when an entity other than North Sound BHO performs any audit 12 described above related to any activity contained in this Contract. 13 14 In addition, North Sound BHO will conduct reviews in accordance with its oversight of 15 resource, utilization and quality management, as well as to ensure Contractor has the 16 clinical, administrative and fiscal structures to enable them to perform in accordance with 17 the terms of the contract. Such reviews may include, but are not limited to, encounter 18 data validation, utilization reviews, clinical record reviews and review of administrative 19 structures, fiscal management and contract compliance. Reviews may include desk 20 reviews, requiring Contractor to submit requested information. North Sound BHO will also 21 review any activities delegated under this contract to Contractor. 22 23 Findings, as a result of North Sound BHO conducted reviews, may result in remedial action 24 as outlined below. Federal and State agencies may impose remedial action or financial 25 penalties either directly upon Contractor or through North Sound BHO. Contractor shall 26 comply with the terms of such remedial action and be responsible for the payment of 27 financial penalties. 28 29 2. REMEDIAL ACTION 30 North Sound BHO may require Contractor to plan and execute corrective action. CAP 31 developed by Contractor must be submitted for approval to North Sound BHO within 30 32 calendar days of notification. CAP allowed for corrective action depending upon the 33 nature of the situation as determined by North Sound BHO. 34 35 a. CAP must include: 36 37 i. A brief description of the finding; 38 ii. Specific actions to be taken, a timetable, a description of the monitoring to 39 be performed, the steps taken and responsible individuals that will reflect the 40 resolution of the situation. 41 42 b. CAP may: 43 44 Require modification of any policies or procedures by Contractor relating to the 45 fulfillment of its obligations pursuant to this Contract. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 21 of 38 191 1 C. CAP is subject to approval by North Sound BHO, which may: 2 3 i. Accept the plan as submitted; 4 ii. Accept the plan with specified modifications; 5 iii. Request a modified plan; 6 iv. Reject the plan; 7 8 d. Contractor agrees North Sound BHO may initiate remedial action as outlined in 9 subsection below if North Sound BHO determines any of the following situations 10 exist: 11 12 i. A problem exists that negatively impacts enrollees; 13 ii. Contractor has failed to perform any of the mental health services required in 14 this Contract, including delegated functions, which includes the failure to 15 maintain the required capacity as specified by North Sound BHO to ensure 16 enrollees receive medically necessary services; 17 iii. Contractor has failed to develop, produce and/or deliver to North Sound BHO 18 any of the statements, reports, data, data corrections, accountings, claims 19 and/or documentation described herein, in compliance with all the provisions 20 of this Contract; 21 iv. Contractor has failed to perform any administrative function required under 22 this Contract, including delegated functions. For the purposes of this section, 23 "administrative function" is defined as any obligation other than the actual 24 provision of mental health services. 25 V. Contractor has failed to implement corrective action required by the state 26 and within North Sound BHO prescribed timeframes. 27 28 e. North Sound BHO may impose any of the following remedial actions in response to 29 findings of situations as outlined above. 30 31 i. Withhold one percent (1%) of the next monthly payment and each monthly 32 payment thereafter until the corrective action has achieved resolution. North 33 Sound BHO, at its sole discretion, may return a portion or all of any payments 34 withheld once satisfactory resolution has been achieved. 35 ii. Compound withholdings identified above by an additional one-half of one 36 percent (1/2 of 1%) for each successive month during which the remedial 37 situation has not been resolved; 38 iii. Revoke delegation of any function delegated under this contract; 39 iv. Deny any incentive payment to which Contractor might otherwise have been 40 entitled under this Contract or any other arrangement by which DBHR 41 provides incentives; 42 V. Termination for Default, as outlined in this Contract. 43 NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 22 of 38 192 1 3. PAYMENT WITHHOLD 2 Up to two percent (2%) of the monthly payment will be withheld upon the request of 3 North Sound BHO's Program Administrator if a required report or deliverable under this 4 contract is due and has not been received by North Sound BHO, including required 5 financial reports and data transmissions. 6 7 Payment will be withheld until the required report or deliverable has been delivered and 8 meets the requirements specified by North Sound BHO. 9 10 4. INDIVIDUALS SERVICED BY MEDICAID AND OTHER MENTAL HEALTH PROGRAM ARE NOT 11 THIRD -PARTY BENEFICIARIES UNDER THIS CONTRACT 12 Although DSHS and Contractor mutually recognize the services under this Contract may be 13 provided by Contractor to individuals receiving services under the Medicaid program and 14 RCW Chapters 71.05, 71.24 and 71.34, it is not the intention of either DSHS or Contractor 15 that such individuals, or any other persons, occupy the position of intended third -party 16 beneficiaries of the obligations assumed by either party to this Contract. 17 18 S. ADDITIONAL FINANCIAL PENALTIES — DBHR IMPOSED SANCTIONS 19 Financial penalties imposed by DBHR or other regulatory agency due to the action or 20 inaction of Contractor may be paid by North Sound BHO on behalf of Contractor and the 21 amount will be withheld from North Sound BHO's payments to Contractor. 22 23 6. TERMINATION DUE TO CHANGE IN FUNDING 24 In the event funding from State, Federal, or other sources is withdrawn, reduced, or 25 limited in any way after the effective date of this Contract and prior to its normal 26 completion, North Sound BHO may terminate this Contract, subject to re -negotiations. 27 28 7. TERMINATION FOR CONVENIENCE 29 Except as otherwise provided in this Contract, a party may terminate their portion of this 30 Contract upon 30 days written notification by certified mail to the other party. The 31 effective date of termination shall be the thirtieth day after receipt of written notification 32 to the other party or the last day of the calendar month in which the thirtieth day occurs, 33 whichever is later. 34 35 8. TERMINATION FOR DEFAULT 36 North Sound BHO's Program Administrator may terminate this Contract for default, in 37 whole or in part, by written notice to Contractor if North Sound BHO or DSHS has a 38 reasonable basis to believe Contractor has or have: 39 40 a. Failed to meet or maintain any requirement for contracting with DSHS; 41 b. Failed to perform under any provision of this Contract; 42 C. Violated any law, regulation, rule, or ordinance applicable to the services provided 43 under this Contract; 44 d. Otherwise breached any provision or condition of this Contract. 45 NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 23 of 38 193 1 Before North Sound BHO's Program Administrator may terminate this Contract for default, 2 in whole or in part, North Sound BHO shall provide Contractor with written notice of 3 Contractor's noncompliance with this Contract which notice shall provide Contractor a 4 reasonable time period to correct its/their noncompliance. If Contractor has or has not 5 corrected the noncompliance within the period of time specified in the written notice of 6 noncompliance, North Sound BHO Program Administrator may then terminate this 7 Contract, in whole or in part for default without such written notice and without 8 opportunity for correction if North Sound BHO and/or DSHS has a reasonable basis to 9 believe: 10 11 a. Contractor has violated any law, regulation, rule, or ordinance applicable to services 12 provided under this contract. 13 b. Continuance of this Contract with Contractor poses a material risk of injury or harm 14 to any person. 15 16 Contractor may terminate this Contract in whole or in part, by written notice to North 17 Sound BHO, if Contractor has a reasonable basis to believe North Sound BHO has: 18 19 a. Failed to meet or maintain any requirement for contracting with Contractor; 20 b. Failed to perform under any provision of this Contract; 21 C. Violated any law, regulation, rule, or ordinance applicable to work performed under 22 this Contract; 23 d. Otherwise breached any provision or condition of this Contract. 24 25 9. TERMINATION PROCEDURE 26 The following provisions shall survive and be binding on the parties in the event this 27 Contract is terminated: 28 29 a. Contractor and any applicable subcontractors shall cease to perform any services 30 required by this Contract as of the effective date of termination and shall comply 31 with all reasonable instructions contained in the notice of termination which are 32 related to the transfer of clients, distribution of property and termination of services. 33 Each party shall be responsible only for its performance in accordance with the terms 34 of this Contract rendered prior to the effective date of termination. Contractor and 35 any applicable subcontractors shall assist in the orderly transfer/transition of the 36 consumers served under this Contract. Contractor and any applicable 37 subcontractors shall promptly supply all information necessary for the 38 reimbursement of any outstanding claims. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 24 of 38 194 I b. Contractor and any applicable subcontractors shall immediately deliver to North 2 Sound BHO's Program Administrator or to his/her successor, all DSHS and North 3 Sound BHO assets (property) in Contractor's and any applicable subcontractor's 4 10 11 12 13 14 15 16 17 18 19 20 21 22 possession and any property produced under this Contract. Contractor and any applicable subcontractors grants North Sound BHO and DSHS the right to enter upon Contractor's and any applicable subcontractor's premises for the sole purpose of recovering any North Sound BHO or DSHS property Contractor and any applicable subcontractors fails to return within 10 working days of termination of this Contract. Upon failure to return North Sound BHO and/or DSHS property within 10 working days of the termination of this Contract, Contractor and any applicable subcontractors shall be charged with all reasonable costs of recovery, including transportation and attorney's fees. Contractor and any applicable subcontractors shall protect and preserve any property of North Sound BHO and/or DSHS in the possession of Contractor and any applicable subcontractors pending return to North Sound BHO and/or DSHS. North Sound BHO shall be liable for and shall pay for only those services authorized and provided through the date of termination. North Sound BHO may pay an amount agreed to by the parties for partially completed work and services, if work products are useful to or usable by North Sound BHO. Should either party terminate the contract, Contractor shall be responsible to provide all mental health services through the end of the month for which they will invoice North Sound BHO. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 25 of 38 195 1 E. GENERAL TERMS AND CONDITIONS FOR CONTRACTOR 2 3 1. BACKGROUND 4 North Sound BHO is an entity formed by an inter -local contract between Island, San Juan, 5 Skagit, Snohomish and Whatcom Counties, each county authority recognized by the 6 Secretary. These counties entered into an inter -local contract to allow North Sound BHO 7 to contract with the Secretary pursuant to RCW 71.24.025(13), to operate a single 8 managed system of services for persons with mental illness living in the service area 9 covered by Island, San Juan, Skagit, Snohomish and Whatcom Counties (Service Area). 10 North Sound BHO is party to an interagency contract with the Secretary, pursuant to 11 which North Sound BHO has agreed to provide integrated community support, crisis 12 response and inpatient management services to people needing such services in its 13 Service Area. North Sound BHO, through this Contract, is subcontracting with Contractor 14 for the provision of specific mental health services as required by the contract with the 15 Secretary. Contractor by signing this Contract attests they are willing and able to provide 16 such services in the Service Area. 17 18 2. MUTUAL COMMITMENTS 19 The parties to this Contract are mutually committed to the development of an efficient, 20 cost effective, integrated, consumer -driven, age specific recovery and resilience model 21 approach to the delivery of quality community mental health services. To that end, the 22 parties are mutually committed to maximizing the availability of resources to provide 23 needed mental health services in the Service Area, maximizing the portion of those 24 resources used for the provision of direct services and minimizing duplication of effort. 25 26 3. ASSIGNMENT 27 Except as otherwise provided within this Contract, this Contract may not be assigned, 28 delegated, or transferred by Contractor without the express written consent of North 29 Sound BHO and any attempt to transfer or assign this Contract without such consent shall 30 be void. The terms "assigned", "delegated", or "transferred" shall include change of 31 business structure to a limited liability company, of any Contractor Member or Affiliate 32 Agency. 33 34 4. AUTHORITY 35 Concurrent with the execution of this Contract, Contractor shall furnish North Sound BHO 36 with a copy of the explicit written authorization of their governing bodies to enter into this 37 Contract and accept the financial risk and responsibility to carry out all terms of this 38 Contract including the ability to pay for all expenses incurred during the contract period. 39 Likewise, concurrent with the execution of this Contract, North Sound BHO shall furnish 40 Contractor with a written copy of the motion, resolution, or ordinance passed by North 41 Sound BHO County Authorities Executive Committee authorizing North Sound BHO to 42 execute this Contract. 43 NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 26 of 38 196 1 2 3 4 5 6 7 8 9 10 11 S. COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS AND OPERATIONAL POLICIES Contractor and their subcontractors shall comply with all applicable federal and state statutes, regulations and operational policies whether or not a specific citation is identified in various sections of this Contract and all amendments thereto that are in effect when the Contract is signed, or come into effect during the term of the Contract, which may include but are not limited to, the following: a. Title XIX and Title XXI of the SSA and Title 42 of the CFR; b. All applicable Office of the Insurance Commissioner (OIC) statutes and regulations; C. All local, State and Federal professional and facility licensing and certification requirements/standards that apply to services performed under the terms of this Contract; d. Comply with the Omnibus Crime Control and Safe Streets Act of 1968; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; Title II of the Americans with Disabilities Act of 1990; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and The Department of Justice Non - Discrimination Regulations of 28 CFR Part 42, Subparts C, D, E and G and 28 CFR Parts 35 and 39 (see http://www.ojp.usdoj.gov/about/offices/ocr.htm for additional information and access to the aforementioned federal laws and regulations); e. Those specified in Title 18 RCW for professional licensing; f. Reporting of abuse as required by RCW 26.44.030; g. Industrial insurance coverage as required by RCW Title 51; h. RCW 38.52, 70.02 and 71.24; i. WAC 388-865, 887, 877A and 87713; J. 42 CFR 438, including 438.58 (conflict of interest) and 438.106 (physician incentive plans); k. 21 CFR Food and Drugs, 42 CFR Subpart A; 45 CFR Public Welfare, Part 96 Subpart 2, CFR Part 200 Subpart F; I. The State Medicaid Manual (SMM), OMB Circulars, the BARS Manual and BARS Supplemental Mental Health Instructions; M. Federal and State non-discrimination laws and regulations; n. HIPAA, 45 CFR parts 160-164; o. DBHR-CIS Data Dictionary and its successors; p. Federal funds must not be used for any lobbying activities. If Contractor is in violation of a federal law or regulation and Federal Financial Participation is recouped, Contractor shall reimburse the federal amount to North Sound BHO within 20 days of recoupment. Upon notification from DSHS, North Sound BHO shall notify Contractor in writing of changes/modifications in DSHS/DBHR policies and/or contract requirement changes. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 27 of 38 197 1 6. COMPLIANCE WITH North Sound BHO OPERATIONAL POLICIES 2 Contractor shall comply with all North Sound BHO operational policies that pertain to the 3 delivery of services under this Contract that are in effect when the Contract is signed or 4 come into effect during the term of the Contract. 5 6 Along with all North Sound BHO stakeholders, Contractor will be included in the process 7 for developing relevant operational policies and procedures. North Sound BHO's policies 8 and procedures are posted on North Sound BHO's website. North Sound BHO shall notify 9 Contractor of new and revised policies, if applicable to the services provided under this 0 Contract, through its numbered memoranda. Training will be provided on policies that 1 impact providers. North Sound BHO will make best efforts to maintain currency of policies with applicable federal or state law, regulation or policy. In the event of a conflict, federal or state laws, regulations or policies supersede North Sound BHO policies and procedures. 7. CONFIDENTIALITY OF CLIENT INFORMATION The parties shall not use, publish, sell or otherwise disclose any confidential information gained by reason of this Contract for any purpose not directly connected with the performance of the services contemplated there under, except: a. As provided by law, or b. In the case of Personal Information, as provided by law or with prior written consent of the person or personal representative who is subject of the Personal Information. The parties shall protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the parties to employ reasonable security measures, which include restricting access to the Confidential Information by: a. Allowing access only to staff that have an authorized business requirement to view the Confidential Information; b. Physically securing any computers, documents, or other media containing the Confidential Information. To the extent allowed by law, at the end of the Contract term, or when no longer needed, the parties shall return Confidential Information or certify in writing the destruction of Confidential Information upon written requests by the other party. Paper documents with Confidential Information may be recycled through a contracted firm, provided the contract with the recycler specifies the confidentiality of information will be protected and the information destroyed through the recycling process. Paper documents containing Confidential Information requiring special handling (i.e., protected health information) must be destroyed through shredding, pulping or incineration. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 28 of 38 Im 1 The compromise or potential compromise of Confidential Information must be reported to 2 North Sound BHO contact designated on this Contract within 5 business days of discovery 3 for breaches less than 500 persons' protected data and 3 business days of discovery for 4 breaches of over 500 persons' protected data. The parties must also take actions to 5 mitigate the risk of loss and comply with any notification or other requirements imposed 6 by law. 7 8 Contractor shall ensure all staff and subcontractors providing mental health services under 9 this Contract receive annual training on confidentiality policies and procedures. In 10 addition, Contractor shall ensure all staff and subcontractors' providing mental health 11 services under this Contract sign an annual Oath of Confidentiality statement. Signed 12 copies of the Oath of Confidentiality shall be kept in Contractor's personnel files. 13 14 8. CONTRACT PERFORMANCE/ENFORCEMENT 15 North Sound BHO shall be vested with the rights of a third -party beneficiary, including the 16 "cut through" right to enforce performance should Contractor be unwilling or unable to 17 enforce action on the part of its/their subcontractor(s). In the event Contractor dissolves 18 or otherwise discontinues operations, North Sound BHO may, at its sole option, assume 19 the right to enforce the terms and conditions of this Contract directly with Contractor. 20 Contractor shall include this clause in their contracts with their subcontractors. In the 21 event of the dissolution of Contractor, North Sound BHO's rights in indemnification shall 22 survive. 23 24 9. COOPERATION 25 The parties to this Contract shall cooperate in good faith to effectuate the terms and 26 conditions of this Contract. 27 28 10. DEBARMENT CERTIFICATION 29 Contractor, by signature to this Contract, certifies Contractor and any Owners are not 30 presently debarred, suspended, proposed for debarment, declared ineligible, or 31 voluntarily excluded by any Federal department or agency from participating in 32 transactions (Debarred) and is not listed in the Excluded Parties List System in the System 33 for Award Management (SAM) website. Contractor shall immediately notify North Sound 34 BHO if, during the term of this Contract, Contractor becomes debarred. 35 36 11. EXECUTION, AMENDMENT AND WAIVER 37 This Contract shall be binding on all parties only upon signature by authorized 38 representatives of each party. This Contract, or any provision, may be amended during 39 the contract period, if circumstances warrant, by a written amendment executed by all 40 relevant parties. Only North Sound BHO's Program Administrator or North Sound BHO's 41 Program Administrator's designee has authority to waive any provision of this Contract on 42 behalf of North Sound BHO. 43 NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 29 of 38 199 1 12. HEADINGS AND CAPTIONS 2 The headings and captions used in this Contract are for reference and convenience only 3 and in no way define, limit, or decide the scope or intent of any provisions or sections of 4 this Contract. 5 6 13. INDEMNIFICATION 7 Contractor shall be responsible for and shall indemnify and hold North Sound BHO 8 harmless (including all costs and attorney fees) from all claims for personal injury, 9 property damage and/or disclosure of confidential information, including claims against 10 North Sound BHO for the negligent hiring, retention and/or supervision of Contractor 11 and/or from the imposition of governmental fines or penalties resulting from the acts or 12 omissions of Contractor and its subcontractors related to the performance of this 13 contract. North Sound BHO shall be responsible and shall indemnify and hold Contractor 14 harmless (including all costs and attorney fees) from all claims for personal injury, 15 property damage, disclosure of confidential information and from the imposition of 16 governmental fines or penalties resulting from the acts or omissions of North Sound BHO. 17 Except to the extent caused by the gross negligence and/or willful misconduct of North 18 Sound BHO, Contractor, shall indemnify and hold North Sound BHO harmless from any 19 claims made by non -participating BHAs related to the provision of services under this 20 Contract. For the purposes of these indemnifications, the Parties specifically and expressly 21 waive any immunity granted under the Washington Industrial Insurance Act, RCW Title 51. 22 This waiver has been mutually negotiated and agreed to by the Parties. The provision of 23 this section shall survive the expiration or termination of the Contract. 24 25 14. INDEPENDENT CONTRACTOR FOR NORTH SOUND BHO 26 The parties intend an independent Contractor relationship be created by this contract. 27 Contractor acknowledges that Contractor is not officers, employees, or agents of North 28 Sound BHO. Contractor shall not hold Contractor or any of Contractor's employees out as, 29 nor claim status as, officers, employees, or agents of North Sound BHO. Contractor shall 30 not claim for Contractor or Contractor's employees any rights, privileges, or benefits, 31 which would accrue to an employee of North Sound BHO. Contractor shall indemnify and 32 hold North Sound BHO harmless from all obligations to pay or withhold Federal or State 33 taxes or contributions on behalf of Contractor or Contractor's employees and 34 subcontractors unless specified in this Contract. 35 36 15. INSURANCE 37 North Sound BHO certifies it is a member of Washington Governmental Risk Pool for all 38 exposure to tort liability, general liability, property damage liability and vehicle liability, if 39 applicable, as provided by RCW 43.19. 40 NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 30 of 38 200 1 Contractor shall maintain Commercial General Liability Insurance (CGL). If Contractor is 2 not a member of a risk pool, Contractor shall carry CGL to include coverage for bodily 3 injury, property damage and contractual liability, with the following minimum limits: Each 4 Occurrence - $1,000,000; General Aggregate - $2,000,000. Any risk pool shall provide 5 coverage with the same minimum limits. Any policy (non -risk pool and risk pool) shall 6 include liability arising out of premises, operations, independent Contractors, personal 7 injury, advertising injury and liability assumed under an insured contract. Contractor shall 8 provide evidence of such insurance to North Sound BHO within 15 days of execution of 9 this Contract and 15 days post renewal date thereafter. All non -risk pool policies shall 10 name North Sound BHO as a covered entity under said policy(s). 11 12 16. INTEGRATION 13 This Contract, including Exhibits, contains all the terms and conditions agreed upon by the 14 parties. No other understandings, oral or otherwise, regarding the subject matter of this 15 Contract shall be deemed to exist or to bind any of the parties hereto. 16 17 17. MAINTENANCE OF RECORDS 18 During the term of this Contract and for six (6) years following termination or expiration of 19 this Contract, if any audit, claim, litigation, or other legal action involving the records is 20 started before expiration of the six (6) year period, the records shall be maintained until 21 completion and resolution of all issues arising there from or until the end of the six (6) 22 year period, whichever is later. Contractor shall maintain records sufficient to: 23 24 a. Maintain the content of all Medical Records in a manner consistent with utilization 25 control requirements of 42 CFR 456, 434.34 (a), 456.111 and 456.211; 26 b. Document performance of all acts required by law, regulation, or this Contract; 27 C. Substantiate Contractor statement of their organizations' structures, tax status, 28 capabilities and performance; 29 d. Demonstrate accounting procedures, practices and records, which sufficiently and 30 properly document Contractor invoices to North Sound BHO and all expenditures 31 made by Contractor to perform as required by this Contract; 32 e. Cooperate in all reviews including, but not limited to, surveys and research 33 conducted by North Sound BHO, DSHS, or other Washington State Departments; 34 f. Evaluate by inspection or other means to measure quality, appropriateness and 35 timeliness of services performed under this Contract and to determine whether 36 Contractor and their subcontractors are providing service to individuals in 37 accordance with the requirements set forth in this Contract and applicable state and 38 federal regulations as existing or hereafter amended. 39 40 18. NO WAIVER OF RIGHTS 41 A failure by either party to exercise its rights under this Contract shall not preclude that 42 party from subsequent exercise of such rights and shall not constitute a waiver of any 43 other rights under this Contract unless stated to be such in writing signed by an authorized 44 representative of the party and attached to the original Contract. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 31 of 38 201 1 Waiver of any breach of any provision of this Contract shall not be deemed to be a waiver 2 of any subsequent breach and shall not be construed to be a modification of the terms 3 and conditions of this Contract. 4 5 19. ONGOING SERVICES 6 Contractor and their subcontractors shall ensure in the event of labor disputes or job 7 actions, including work slowdowns, so called "sick outs", or other activities within its 8 service network, uninterrupted services shall be available as required by the terms of this 9 Contract. 10 11 20. ORDER OF PRECEDENCE 12 In the event of an inconsistency in the terms of this Contract, or any inconsistency 13 between the terms of this Contract and any applicable statute, rule, or contract, unless 14 otherwise provided herein, the conflict shall be resolved by giving precedence in the 15 following order, to: 16 17 a. The applicable Medicaid 1915(b) Waiver, Provisions of Title XIX of the SSA and 18 Federal regulations concerning the operations of PIHPs; 19 b. State statutes and regulations concerning the operation of the community mental 20 health programs; 21 C. Other applicable Federal, State, or local law; 22 d. North Sound BHO/DSHS contract, or its successors, that covers the provision of the 23 mental health services covered under this Contract, which shall include any exhibit, 24 document, or material incorporated by reference; 25 e. This Contract. 26 21. OVERPAYMENTS In the event Contractor fails to comply with any of the terms and conditions of this Contract and that failure results in an overpayment, North Sound BHO may recover the amount due DSHS, CMS, or other federal or state agency. In the case of overpayment, Contractor shall cooperate in the recoupment process and return to North Sound BHO the amount due upon demand. 34 22. OWNERSHIP OF MATERIALS 35 Materials created by Contractor and their subcontractors and paid for by North Sound 36 BHO as a part of this Contract shall be owned by North Sound BHO and shall be, "works for 37 hire" as defined by the U.S. Copyright Act of 1976. This material includes, but is not 38 limited to: books, computer programs, documents, films, pamphlets, reports, sound 39 reproductions, studies, surveys, tapes and/or training materials. Contractor or relevant 40 subcontractors' own material which Contractor and their subcontractors use to perform 41 this Contract, but which is not created for or paid for by North Sound BHO; however, 42 North Sound BHO and DSHS shall have a perpetual license to use this material for DSHS 43 internal purposes at no charge to DSHS. 44 NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 32 of 38 202 1 23. PERFORMANCE 2 Contractor shall furnish the necessary personnel, materials and/or mental health services 3 and otherwise do all things for, or incidental to, the performance of the work set forth 4 here and as attached. Unless specifically stated, Contractor is responsible for performing 5 or ensuring all fiscal and program responsibilities required in this contract. No subcontract 6 will terminate the legal responsibility of Contractor to perform the terms of this Contract. 7 8 24. RESOLUTION OF DISPUTES 9 The parties wish to provide for prompt, efficient, final and binding resolution of disputes 10 or controversies that may arise under this Contract and therefore establish this dispute 11 resolution procedure. All claims, disputes and other matters in question between the 12 parties arising out of, or relating to, this Contract shall be resolved exclusively by the 13 following dispute resolution procedure unless the parties mutually agree in writing 14 otherwise: 15 16 a. The parties shall use their best efforts to resolve issues prior to giving written Notice 17 of Dispute. 18 b. Within 10 working days of receipt of the written Notice of Dispute, the parties (or a 19 designated representative) shall meet, confer and attempt to resolve the claim. 20 C. The terms of the resolution of all claims concluded in meetings shall be memorialized 21 in writing and signed by each party. 22 23 Arbitration: If the claim is not resolved within 30 days, the parties shall proceed to 24 arbitration as follows: 25 26 a. Demand for arbitration shall be made in writing to the other party. The parties shall 27 select one (1) person as arbitrator. 28 b. If there is a delay of more than 10 days in the naming of any arbitrator, either party 29 can ask the presiding judge of Skagit County to name any remaining arbitrator(s). 30 C. The prevailing party shall be entitled to recover from the other party all costs and 31 expenses, including reasonable attorney fees. The arbitrators shall determine which 32 party, if any, is the prevailing party. 33 d. The parties agree the arbitrators' decision shall be binding, final and appealable to 34 Skagit County Superior Court only as provided in RCW Chapter 7.04A. 35 e. Unless the parties agree in writing otherwise, the unresolved claims in each notice of 36 dispute shall be considered at an arbitration session which shall occur in Skagit 37 County no later than 30 days after the close of the meeting described in paragraph 38 (b) above. 39 f. The Provisions of this section shall, with respect to any controversy or claim, survive 40 the termination or expiration of this Contract. 41 g. Nothing contained in this Contract shall be deemed to give the arbitrator the power 42 to change any of the terms and conditions of this Contract in any way. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 33 of 38 203 h. The prevailing party in any action to compel arbitration or to enforce an arbitration award shall be awarded its costs, including attorney fees. Venue for any such action is exclusively Skagit County Superior Court. L This Contract shall be governed by laws of the State of Washington, both as to interpretation and performance. 25. SEVERABILITY AND CONFORMITY The provisions of this Contract are severable. If any provision of this Contract, including any provision of any document incorporated by reference is held invalid by any court, that invalidity shall not affect the other provisions of this Contract and the invalid provision shall be considered modified to conform to existing law. 26. SINGLE AUDIT ACT If Contractor or their subcontractor is a sub -recipient of Federal awards as defined by OMB Circular A-133, Contractor and their subcontractors shall maintain records that identify all Federal funds received and expended. Said funds shall be identified by the appropriate OMB Catalog of Federal Domestic Assistance titles and numbers, the award names and numbers and award years, if awards are for research and development, as well as names of the Federal agencies. Contractor and their subcontractors shall make Contractor and their subcontractors' records available for review or audit by officials of the Federal awarding agency, the General Accounting Office and DSHS. Contractor and their subcontractors shall incorporate OMB Circular A-133 audit requirements into all contracts between Contractor and their subcontractors who are sub -recipients. Contractor and their subcontractors shall comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation. If Contractor and/or their subcontractors are a sub -recipient and expends $750,000 or more in Federal awards from any and/or all sources in any fiscal year, Contractor and applicable subcontractors shall procure and pay for a single audit for that fiscal year. Upon completion of each audit, Contractor and applicable subcontractors shall submit to North Sound BHO's Program Administrator a copy of their audited financial statements. For purposes of "sub -recipient" status under the rules of OMB Circular A-133 205(i) Medicaid payments to a sub -recipient for providing patient care services to Medicaid eligible individuals are not considered Federal awards expended under this part of the rule unless a State requires the fund to be treated as Federal awards expended because reimbursement is on a cost -reimbursement basis. 27. SUBRECIPIENTS General — If Contractor is a sub -recipient of federal awards as defined by OMB Circular A- 133 and this Contract, Contractor shall: NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 34 of 38 204 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 a. Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency and name of the pass -through entity; b. Maintain internal controls that provide reasonable assurance that Contractor is managing federal awards in compliance with laws, regulations and provisions of contracts or grant contracts that could have a material effect on each of its federal programs; C. Prepare appropriate financial statements, including a schedule of expenditures of federal awards; d. Incorporate OMB Circular A-133 audit requirements into all contracts between Contractor and its Subcontractors who are sub -recipients; e. Comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation; f. Comply with the applicable requirements of OMB Circular A-87 and any future amendments to OMB Circular A-87 and any successor or replacement Circular or regulation; and g. Comply with the Omnibus Crime Control and Safe Streets Act of 1968; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; Title II of the Americans with Disabilities Act of 1990; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and The Department of Justice Non - Discrimination Regulations, 28 CFR Part 42 Subparts C, D, E and G and 28 CFR Part 35 and Part 39 (see http://ojp.gov/about/ocr/statutes.htm for additional information and access to the aforementioned Federal laws and regulations). 28. SUBCONTRACTS Contractor may subcontract services to be provided under this Contract subject to the following requirements. a. Contractor shall be responsible for the acts and omissions of any subcontractor. b. Contractor must ensure the subcontractor neither employs any person nor contracts with any person or CMHA excluded from participation in federal health care programs under either 42 USC 1320a-7 (§§1128 or 1128A SSA) or debarred or suspended per this Contract's General Terms and Conditions. c. Contractor shall require subcontractors to comply with all applicable federal and state laws, regulations and operational policies as specified in this Contract. d. Contractor shall require subcontractors to comply with all applicable North Sound BHO operational policies as specified in this Contract, including travel standards and access standards. e. Contractor shall oversee, be accountable for and monitor all functions and responsibilities delegated to a subcontractor on an ongoing basis including formal reviews. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 35 of 38 205 1 f. Contractor will monitor performance of the subcontractors on an annual basis and 2 notify North Sound BHO of any identified deficiencies or areas for improvement 3 requiring corrective action by Contractor. 4 g. Contractor shall ensure all subcontracts are in writing and specify all duties, reports 5 and responsibilities delegated under this Contract. Those written subcontracts shall: 6 7 i. Require subcontractors to hold all necessary licenses, certifications and/or 8 permits as required by law for the performance of the services to be 9 performed under this Contract; 10 ii. Include clear means to revoke delegation, impose corrective action, or take 11 other remedial actions if the subcontractor fails to comply with the terms of 12 the subcontract; 13 iii. Require the subcontractor correct any areas of deficiencies in the 14 subcontractor's performance identified by Contractor, North Sound BHO 15 and/or DBHR; 16 iv. If a subcontractor is a Faith Based Organization (FBO), the subcontract must: 17 18 a) Use generally accepted auditing and accounting principles to account 19 for SABG funds similar to other nongovernmental organizations; 20 b) Segregate Federal funds from non -Federal funds; 21 c) Subject Federal funds to audits by the government; 22 d) Apply Charitable Choice requirements when other funds are 23 commingled with SABG. 24 25 29. SURVIVABILITY 26 The terms and conditions contained in this Contract by their sense and context are 27 intended to survive the expiration of this Contract and shall so survive. Surviving terms 28 include, but are not limited to: Financial Terms and Conditions, Single Audit Act, Order of 29 Precedence, Contract Performance and Enforcement, Confidentiality of Client Information, 30 Resolution of Disputes, Indemnification, Oversight Authority, Maintenance of Records, 31 Ownership of Materials and Contract Administration Warranties and Survivability. 32 33 30. TREATMENT OF CLIENT PROPERTY 34 Unless otherwise provided in this Contract, Contractor shall ensure any adult individual 35 receiving services from Contractor under this Contract has unrestricted access to the 36 individual's personal property. Contractor shall not interfere with any adult individual's 37 ownership, possession, or use of the individual's property unless clinically indicated. 38 Contractor shall provide individuals under age 18 with reasonable access to their personal 39 property that is appropriate to the individual's age, development and needs. Upon 40 termination of this Contract, Contractor shall immediately release to the individual and/or 41 the individual's guardian or custodian all the individual's personal property. 42 NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 36 of 38 206 1 31. WARRANTIES 2 The parties' obligations are warranted and represented by each to be individually binding, 3 for the benefit of the other party. Contractor warrants and represents it is able to 4 perform its obligations set forth in this Contract and such obligations are binding upon 5 Contractor and other subcontractors for the benefit of North Sound BHO. 6 32. CONTRACT ADMINISTRATION The Program Administrator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Contact for North Sound BHO is: Joe Valentine, Executive Director North Sound Behavioral Health Organization, LLC 301 Valley Mall Way, Suite 110 Mount Vernon, WA 98273-5462 The Contact for Whatcom County is: Anne Deacon, Human Services Manager Whatcom County Health Department 509 Girard Street Bellingham, WA 98225 Changes shall be provided to the other party in writing within 10 working days. This contract will go into effect and shall be fully enforceable when signed by authorized representatives of all parties involved. This contract is subject to ratification after it becomes effective. This contract will be submitted for ratification at the next scheduled meeting of the North Sound BHO County Authorities Executive Committee ("the Committee"). If not ratified by the Committee, North Sound BHO will terminate the contract either immediately or within a reasonable amount of time at North Sound BHO's discretion. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 37 of 38 207 I THIS CONTRACT, consisting of 38 Pages, plus Exhibits is executed by the persons signing below who 2 warrant that they have the authority to execute this Contract. 2900MGMUMTOMMY135 ma* 7 9 Betsy Kruse Date 10 Deputy Dir ctor NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 &VII AI01i TAIMi1 1 ra �7 Reglllhalahunt ate Director Page 38 of 38 DEPARTMENT APPROVAL Py{f Anne Deacon, Human Services Manager WHATCOM COUNTY JACK LOUWS County Executive STATE OF WASHINGTON COUNTY OF WHATCOM On this day of Date I 2017, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at Bellingham. My Commission expires: APPROVED AS TO FORM Royce Buri fl+eputy Prosecuting Attorney 209 EXHIBIT A SCOPE OF WORK OPIATE OUTREACH SERVICES WHATCOM COUNTY PURPOSE To provide outreach services in Whatcom County to individuals who use opioid drugs intravenously, in order to facilitate access to and admission into substance use disorder (SUD) treatment services. TARGET POPULATION Individuals who experienced an opiate overdose reversal. Individuals admitted to the hospital due to opioid overdose. Individuals referred by law enforcement and other first responders. SERVICES Employ one (1) Full Time Equivalency (FTE) Opiate Outreach Worker who will: a. Provide outreach, coordination and liaison services to individuals who use opioids intravenously; b. Screen and determine the individual's needs; C. Assist with access to services to meet individual needs as identified such as housing, medical, food, mental health care, and clothing; d. Assist in access to or coordination of buprenorphine and other medication assisted treatment as indicated; e. Facilitate access to and coordinate SUD assessment and treatment services; and f. Resume supportive contact when individual relapses or falls out of treatment services, as needed. The outreach services will: a. Increase individual engagement in SUD treatment services; b. Decrease time to enter SUD treatment services; and C. Lower the barrier to accessing medication assisted treatment and SUD treatment services. Number of outreach hours provided annually: 1,560 Number of individuals outreached to annually: 200 Of those, the number who are pregnant: 10 MONTHLY REPORTING Complete the Opiate Outreach Report and submit with each monthly invoice. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 1 of 2 210 CONSIDERATION The consideration to be paid by North Sound BHO for the work to be provided by Contractor pursuant to this Contract shall not exceed $111,727 for the period of June 30, 2017 through July 1, 2018. The consideration by North Sound BHO to Contractor pursuant to this Contract shall be paid upon receipt of the expenditure report (Exhibit D) and that meets the requirements of section D of the contract, in accordance with North Sound BHO's standard payment terms. Final billing under this contract must be submitted by July 15, 2018. No SABG funding may be used for SUD treatment services. EXHIBIT A SCOPE OF WORK NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 2 of 2 211 EXHIBIT B Title V - Section 1913 Section 1913: (a)(1)(C) In the case for a grant for fiscal year 2006, the State will expend for such system [of integrated services described in section 1912(b)(3)] not less than an amount equal to the amount expended by the State for the fiscal year 1994. [A system of integrated social services, educational services, juvenile services and substance abuse services that, together with health and mental health services will be provided in order for such children to receive care appropriate for their multiple needs (which includes services provided under the Individuals with Disabilities Education Act)]. (b)(1) The State will provide services under the plan only through appropriate, qualified community programs (which may include community mental health centers, child mental -health programs, psychosocial rehabilitation programs, mental health peer -support programs, and mental -health primary consumer -directed programs). (b)(2) The State agrees that services under the plan will be provided through community mental health centers only if the centers meet the criteria specified in subsection (c). (C)(1) With respect to mental health services, the centers provide services as follows: (A) Services principally to individuals residing in a defined geographic area (referred to as a "service area") (B) Outpatient services, including specialized outpatient services for children, the elderly, individuals with a serious mental illness, and residents of the service areas of the centers who have been discharged from inpatient treatment at a mental health facility. (C) 24-hour-a-day emergency care services. (D) Day treatment or other partial hospitalization services, or psychosocial rehabilitation services. (E) Screening for patients being considered for admissions to State mental health facilities to determine the appropriateness of such admission. (2) The mental health services of the centers are provided, within the limits of the capacities of the centers, to any individual residing or employed in the service area of the center regardless of ability to pay for such services. (3) The mental health services of the centers are available and accessible promptly, as appropriate and in a manner, which preserves human dignity and assures continuity and high -quality care. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 1 of 1 212 EXHIBIT C INDEPENDENT PEER REVIEW PROCEDURES The Substance Abuse Block Grant (SABG) requires DBHR to ensure an independent peer review process is implemented in Washington State. Individuals who have contract monitoring, certification, or funding decision -making responsibilities for the providers cannot complete peer reviews, therefore, DBHR staff cannot conduct peer reviews. 1. Definitions for purposes of this Exhibit: a. Independent means an entity not bound by or committed to, or affiliated with a larger controlling unit; in this case Department of Social and Health Services, Behavioral Health Services Integration Administration, Division of Behavioral Health and Prevention or Behavioral Health/Associated Services Organizations. b, Quality for purposes of this section, is the provision of treatment services which, within the constraints of technology, resources, and Individual circumstances, will meet accepted standards and practices which will improve Individual health and safety status in the context of Recovery. c. Appropriateness for purposes of this section, means the provision of treatment services consistent with the individual's identified clinical needs and level of functioning per American Society of Addiction Medicine (ASAM). 2. Peer Review a. Is NOT a monitoring, licensing, or auditing process; b. is performed by practicing professionals, and is based on professional trust and understanding; c. is an educational process for both the professional being reviewed and the professional conducting the review. As such, the process serves to stimulate professional growth and strengthen the entire profession; and d. Provides a supportive environment where professionals identify program strengths and challenges, and provide guidance and advice for improving the quality of care. e. General timeline for peer review activities: i. February: Participating agencies and CDPs will be identified; ii. Early Spring: Training for volunteer CDP peer reviewers; iii. May —June: Peer review site -visits occur; iv. By July 30: Final peer review reports completed and submitted to DBHR. 3. Selection Process BHO must: a. Provide DSHS with a list of Substance Use Disorder providers representing at least five (5) percent of the total SABG funded agencies by Feb 15 of each year beginning 2018. Selected providers may be excluded for two (2) years after their initial participation. NORTH SOUND BHO-WHATCOM COUNTY-SABG-16-17 Page 1 of 213 b. Provide at least two (2) volunteer CDPs to be a peer reviewer. i. All volunteer CDP peer reviewers must sign a disclaimer for each agency they are reviewing to assure they have no financial connection. ii. Volunteer CDPs will be reviewing SABG funded agencies from other BHOs. c. DSHS will work in coordination with volunteer CDPs to make travel and lodging arrangements for peer review orientation and site reviews. DSHS will reimburse for all travel miles, meals, and parking costs. 4. Peer Reviewers a. Peer Reviewers are volunteer Chemical Dependency Counselors experienced in the substance use disorder treatment field. b. Peer Reviewers will work as a team of at least two (2) and no more than four (4). c. Peer Review Team will review at two (2) agencies. d. Peer Reviewers can receive up to 32 CEUs. e. Peer Reviewers will: i. Schedule site visits; ii. Interview program staff chosen by the provider; iii. Review a minimum of 5% of the agency's records for active individuals, or 5 records; whichever is smaller. f. Main responsibilities are to: i. Assist the provider to identify program strengths and challenges. ii. Assess needs and make recommendations for technical assistance and training to improve skills and improve quality and appropriateness of treatment and recovery services. iii. Recommend possible changes in service delivery patterns to improve the quality and appropriateness of treatment and recovery services. iv. Complete a Peer Review report for each program reviewed, in a format provided by DBHR, and within the following timeline: 1) Within ten (10) days of the site visit, the reviewer sends a draft report to the provider for their review and comments. The provider has ten (10) days from the receipt of the draft report to return their comments, if any, to the reviewer. 2) Within ten (10) days of receiving the provider's comments the reviewer completes the final report; and, 3) Email a copy of the final report to the provider and to DBHR with a courtesy copy to the managing Behavioral Health Organization. EXHIBITC INDEPENDENT PEER REVIEW PROCEDURES NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 2 of 4 214 Provide suggestions and recommendations regarding the effectiveness of the Peer Review program and modifications to program tools, training and procedures. 5. Organizational Roles and Responsibilities. a. The Substance Use Disorder Treatment Service Provider: i. Coordinates with the peer reviewers to schedule the site visit. Each review is usually no less than four hours, but no more than six. ii. Selects one or two key staff to participate in the site visit interviews. iii. Shares copies of brochures and community educational materials distributed by the agency with peer reviewers. iv. Randomly selects and arranges five or 5% of individual records from the caseload of currently active individuals for peer review purpose only. V. Completes a peer review process evaluation form. vi. Within 10 days, reviews and comments on the draft peer review report of their program. vii. Each program review becomes part of the recommendations presented by the Behavioral Health Advisory Council (BHAC) to DBHR Director for consideration in behavioral health strategic planning. b. The Behavioral Health Advisory Council (BHAC): i. Oversees the peer review process in Washington State. ii. Reviews a compilation of summary reports from the Peer Reviewers. iii. Merges the individual reports into a document that summarizes: 1) Program characteristics; 2) Program strengths; 3) Program challenges; 4) Reviewers' recommendations; and 5) Requests or suggestions for technical assistance and training. iv. Submits a final report, with recommendations, to the Director of the Division of Behavioral Health and Recovery. c. The Division of Behavioral Health and Recovery (DBHR): DBHR supports BHAC and their role in overseeing the Peer Review Program by: 1) Incorporating a clause in the contract of all programs receiving federal block grant funding that explains the provider's responsibility to participate in the Peer Review process. EXHIBIT C NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 INDEPENDENT PEER REVIEW PROCEDURES Page 3 of 4 215 2) Mailing the annual peer review recruitment letters to all certified substance use disorder treatment and professional organizations. 3) Providing staff support to the BHAC to arrange meetings and provide written materials. 4) Providing an orientation and training to Peer Reviewers, prior to making site visits. Trainings are approximately four hours long. The training is designed to bring consistency to the peer review process and will include information regarding: a) Training tools, forms, and support services that may be available to the provider; b) Scheduling the site visit; c) Structuring/organizing the peer review day; d) Using the peer review forms and information gathering tools; e) Maintaining confidentiality of individual and provider information; f) Writing the individual peer review reports; g) Making travel arrangements and completing the reimbursement forms; and, h) Meeting reporting deadlines. ii. For each annual Peer Review process, DBHR maintains records of the following: 1) A listing of the providers reviewed and the dates of the peer review site -visits. 2) A listing of the peer reviewers. 3) A copy of summary peer review reports. 4) A copy of the summary recommendations to the Director of the Division of Behavioral Health and Recovery. iii. After each review period, DBHR will: 1) Make appropriate changes to forms used during the Peer Review program in response to recommendations from peer reviewers and providers. 2) Provide up to 32 CEUs to each peer reviewer. CEUs are determined based on number of hours spent conducting a review. 3) Send each participating provider a copy of the recommendations document presented to DBHR's Director. EXHIBIT C INDEPENDENT PEER REVIEW PROCEDURES NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 4 of 4 216 EXHIBIT D CAPACITY MANAGEMENT Capacity Management means a continually updated system to identify capacity as well as matching the Pregnant and Postpartum Women and Women with Dependent Children (PPW), and Individuals Using Intravenous Drugs (IUID) with an available treatment program. The Contractor must submit the DBHR Capacity Management Form quarterly to the North Sound BHO Contact listed on this document. The Contractor must help manage a system to ensure Individuals have access to services in a timely manner through a quarterly report. Contractor Contact: Submission Date/Quarter: BHO Contact Person: Sharon Toquinto Phone Number 360.416.7013 Email Sharon_toquinto@northsoundbho.org _ Unique Client Date of first # of days on Service Type Individual When/what Interim Services Began Identifier contact waitlist is waiting for i Total Number of l Individuals: Number of Individuals removed from waitlist and why Document weekly contact (why and how individuals are removed from waiting list for any purpose other than admission to treatment NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 1 of 2 217 Additional Questions What are some of the barriers you encountered when trying to help an individualinto services? How can we help to address some of the barriers to increase access to services? Mechanism for matching and facilitating admission to treatment programs with sufficient, capacity for PPW and Individuals Using Drugs Intravenously Capacity percentage for each county EXHIBIT D CAPACITY MANAGEMENT NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 2 of 2 218 EXHIBIT E The 10 Fundamental Components of Recovery Self -Direction: Consumers lead, control, exercise choice over, and determine their own path of recovery by optimizing autonomy, independence, and control of resources to achieve a self -determined life. By definition, the recovery process must be self -directed by the individual, who defines his or her own life goals and designs a unique path towards those goals. Individualized and Person -Centered: There are multiple pathways to recovery based on an individual's unique strengths and resiliencies as well as his or her needs, preferences, experiences (including past trauma), and cultural background in all of its diverse representations. Individuals also identify recovery as being an ongoing journey and an end result as well as an overall paradigm for achieving wellness and optimal mental health. Empowerment: Consumers have the authority to choose from a range of options and to participate in all decisions —including the allocation of resources —that will affect their lives, and are educated and supported in so doing. They have the ability to join with other consumers to collectively and effectively speak for themselves about their needs, wants, desires, and aspirations. Through empowerment, an individual gains control of his or her own destiny and influences the organizational and societal structures in his or her life. Holistic: Recovery encompasses an individual's whole life, including mind, body, spirit, and community. Recovery embraces all aspects of life, including housing, employment, education, mental health and healthcare treatment and services, complementary and naturalistic services, addictions treatment, spirituality, creativity, social networks, community participation, and family supports as determined by the person. Families, providers, organizations, systems, communities, and society play crucial roles in creating and maintaining meaningful opportunities for consumer access to these supports. Non -Linear: Recovery is not a step-by-step process but one based on continual growth, occasional setbacks, and learning from experience. Recovery begins with an initial stage of awareness in which a person recognizes that positive change is possible. This awareness enables the consumer to move on to fully engage in the work of recovery. Strengths -Based: Recovery focuses on valuing and building on the multiple capacities, resiliencies, talents, coping abilities, and inherent worth of individuals. By building on these strengths, consumers leave stymied life roles behind and engage in new life roles (e.g., partner, caregiver, friend, student and employee). The process of recovery moves forward through interaction with others in supportive, trust -based relationships. Peer Support: Mutual support --including the sharing of experiential knowledge and skills and social learning —plays an invaluable role in recovery. Consumers encourage and engage other consumers in recovery and provide each other with a sense of belonging, supportive relationships, valued roles, and community. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 1 of 2 219 Respect: Community, systems, and societal acceptance and appreciation of consumers - including protecting their rights and eliminating discrimination and stigma —are crucial in achieving recovery. Self -acceptance and regaining belief in one's self are particularly vital. Respect ensures the inclusion and full participation of consumers in all aspects of their lives. Responsibility: Consumers have a personal responsibility for their own self -care and journeys of recovery. Taking steps towards their goals may require great courage. Consumers must strive to understand and give meaning to their experiences and identify coping strategies and healing processes to promote their own wellness. Hope: Recovery provides the essential and motivating message of a better future— that people can and do overcome the barriers and obstacles that confront them. Hope is internalized; but can be fostered by peers, families, friends, providers, and others. Hope is the catalyst of the recovery process. Mental health recovery not only benefits individuals with mental health disabilities by focusing on their abilities to live, work, learn, and fully participate in our society, but also enriches the texture of American community life. America reaps the benefits of the contributions individuals with mental disabilities can make, ultimately becoming a stronger and healthier Nation. EXHIBIT E NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 SAMHSA's 10 FUNDAMENTAL COMPONENTS OF RECOVERY Page 2 of 220 EXHIBIT F CONTRACT #NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 July 1, 2017 —June 30, 2019 DELIVERABLES DESCRIPTION DUE DATES Contract Reference 1. Concurrent with the execution of this Contract, 7/21/17 E.4 Contractor shall furnish North Sound BHO with a copy of the explicit written authorization of their governing bodies to enter into this Contract and accept the financial risk and responsibility to carry out all terms of this Contract including the ability to pay for all expenses 2. Contractor shall maintain Commercial General Liability 7/21/17 E.15 Insurance (CGL). If the Contractor is not a member of a risk pool, the Contractor shall carry CGL to include coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. All non -risk pool policies shall name North Sound BHO as 3. Report Contractor and subcontractor revenue and 15 days post C.2 expenditure information to North Sound BHO on a quarter end biannual basis. Reports must comply with the provisions in the BARS Supplemental Instructions for Mental Health Services promulgated by the Washington State Auditor's Office. Reports are due within 30 days of the quarter end (quarters ending in December and June of each year). Contractor shall report monthly on Opioid Outreach Monthly-15 days Exhibit A Services. The template for reporting is located on the post month end North Sound BHO website: http://northsoundbho.org/contracts/#Deliverables 5. Contractor shall notify North Sound BHO in writing of any Within 15 days of E.28 agreement to subcontract any services under this executing a contract. Contractor shall furnish a written copy of any subcontract for agreement with another provider to subcontract services services under this under this contract within 15 days. agreement. 221 FORM r� STATE OF WASHINGTON A19 - 1A INVOICE VOUCHER VENDOR OR CLAIMANT Warrant payable to Contract # AGENCY NAME Department of Social and Health Services Division of Behavioral Health and Recovery PO Box 45525 Olympia, Washinaton 98504 Agency No. 3cco VENDOR NUMBER: SUPPLEMENTAL # MONTH and YEAR OF SERVICE: Vendor's Certificate. I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, (signature) merchandise or services furnished to the State of Washington, and that all goods furnished and/or services rendered have been provided without (title) (telephone number) (date) discrimination. SABG Type of Service Provided Treatment Cost Sharing Assistance TOTAL Prevention & Wellness 37 Community Outreach 1. IUID 2. PPW 39 Brief Intervention 77 Drug Screening Tests/Urinalysis Engagement Services 71 Assessment 1. Adult 2. Youth 3. PPW 31 Engagement & Referral 36 Interim rvices 1. IUID 2. PPW 31 Educational Programs 33 Opiate Dependency Outreach ut atient ervices 57 ut atient Treatment 1. Adult 2. Youth 3. PPW 51 Brie ut atient Treatment 1. Adult 2. Youth 3, PPW 59 late ubstitution reatment 1. PPW 2. Non-PPW - mMuninagemtheIntensive Support nt 1. PPW 2. Non-PPW 69 PPW Housing Support Services 61 Therapeutic Intervention Services for Children 43 Sobering Services 41 Crisis Stabilization - ut-o -Home Resl ential Services 45 Sub -acute Withdrawal Management 81 Intensive Inpatient Residential 1. Adult 2. Youth 3. PPW 82 Lon - erm are esidentlal 1. Adult 2. Youth 3. PPW 83 Recovery House Residential 1. Adult 2. Youth 3. PPW 44 Involuntary Commitment Services - 42 Acute Withdrawal Management 91 Family Hardship 93 Room and Board ecove u orts 62 rans ortation 1. PPW 2. Non-PPW 67 Childcare Services 92 Recovery Support Services (RSS) - ther A ACtivlties 12 Continuing Education/Training 32 Alcohol/Drug Information School - 96 Naloxone - TOTAL THIS AREA BELOW FOR DBHR USE ONLY: DBHR Program Manager Name and Telephone DBHR Program Mgr Approval For Payment See Attached EMAIL Document # VCT Fiscal Approval Date A19 Effective July 1, 2017 through June 30, 2019 222 Instructions For Preparing The BHO Invoice (A19) Substance Abuse Block Grant The purpose of this document is to define the expenditure elements specific to the Behavioral Health Organizations integrated contract and Federal Block Grant expenditures. Each of the following elements corresponds to the elements listed on the invoice (A19) provided by the Division of Behavior Health and Recovery (DBHR). Costs reported on each invoice are for a single month of service. Before an invoice can be processed by DBHR, we require a signed and dated pdf invoice (A19), as well as a completed Excel invoice (A19), which should be submitted by email to your DBHR program manager named on your contract. SABG "Treatment" Column: Monthly reimbursable costs associated with each element are to be entered in the "Treatment" column. SABG "Cost Sharing Assistance" Column: This term generally includes costs for behavioral health insurance deductibles, co-insurance, and co -payments, or similar charges; it doesn't include premiums, balance billing amounts for non -network providers, or the cost of non -covered services. These funds are to assist eligible clients in meeting their cost -sharing responsibilities, which should be entered against the appropriate service in the "Cost Sharing Assistance" column. Also, under no circumstances may SABG funds be used to pay these costs for a client's failure to enroll in minimum essential coverage, and payment for these services cannot be made to either the client or insurance entity. PREVENTION & WELLNESS 37 Community Outreach Outreach is an activity of providing critical information and referral regarding behavioral health services to people who might not otherwise have access to that information. This may include assisting individuals to navigate through different systems including health care enrollment, scheduling appointments for a substance use disorder assessment and ongoing treatment, or providing transportation to appointments. Outreach tasks may include educating communities, family members, significant others, or partners about services and to support access to services where care coordination may be necessary. Costs to be covered may also include responding to requests for information to be presented both in and out of the treatment facility by individuals, the general public and community organizations. IUID: Individual Using Intravenous Drugs (IUID) means an individual who has used a needle one or more times to illicitly inject drugs. PPW: Pregnant and postpartum women and women with dependent children. "Dependent Children" means an individual age seventeen (17) or younger. NORTH SOUND BHO-WHATCOM-SABG-17-19 Page 1 of 7 223 39 Brief Intervention A time limited, structured behavioral intervention using substance use disorder brief intervention techniques, such as evidence -based motivational interviewing techniques, and referral to treatment services when indicated. Services may be provided at, but not limited to, sites exterior to treatment facilities such as hospitals, medical clinics, schools or other non-traditional settings. 77 Drug Screening Tests/Urinalysis Costs incurred to provide screening tests, such as urinalysis or breathalyzers, to identify a patient's use of drugs or alcohol. There is a maximum limit of eight tests per month for any individual. ENGAGEMENT SERVICES 71 Assessment Costs incurred in diagnosis, placement in accordance with the American Society of Addiction Medicine (ASAM) patient placement criteria. Adult: All individuals who are not considered Youth or PPW. Youth: An individual from age ten (10) through age seventeen (17). PPW: Pregnant and postpartum women and women with dependent children. "Dependent Children" means an individual age seventeen (17) or younger. 31 Engagement & Referral Engagement and referral services are used to identify hard -to -reach individuals with possible substance use disorder and to engage these individuals in an assessment and ongoing treatment services as deemed necessary. Costs can be reimbursed for activities associated with providing information on substance use disorders, the impact of substance use disorders on families, treatment of substance use disorders, and treatment resources that may be available as well as re-engaging individuals in the treatment process. This does not include ongoing therapeutic or rehabilitative services. 36 Interim Services Services to individuals who have been denied admissions to a treatment program on the basis of the lack of the capacity to reduce the adverse health effects of substance use disorder, promote the health of the individual, and reduce the risk of transmission of disease. Such services are provided until the individual is admitted to a treatment program. Services include referral for prenatal care for a pregnant patient, brief screening activities, the development of a service plan, individual or group contacts to assist the person either directly or by way of referral in meeting his/her basic needs, updates to advise him/her of treatment availability, and information to prepare him/her for treatment, counseling, education, and referral regarding HIV and tuberculosis (TB) education, if necessary referral to treatment for HIV and TB. IUID: Individual Using Intravenous Drugs (IUID) means an individual who has used a needle one or more times to illicitly inject drugs. PPW: Pregnant and postpartum women and women with dependent children. "Dependent Children" means an individual age seventeen (17) or younger. EXHIBIT G NORTH SOUND BHO-WHATCOM-SABG-17-19 A19 INSTRUCTIONS Page 2 of 7 224 31 Educational Programs Educational programs can include parent training, impact of alcohol and drug problems, anxiety symptoms and management, and stress management and reduction. Education services may be made available to individuals, groups, organizations, and the community in general. This is different than staff training. Treatment services must meet the criteria as set forth in WAC 388-.877B 33 Opiate Dependency Outreach Costs incurred with outreach and referral services to special populations such as opiate dependent or injecting drug users (IDU) individuals. Opiate Dependency Outreach is specifically designed to encourage injecting drug users (IDUs) and other high -risk groups such as opiate dependent individuals to undergo treatment.. Costs include providing information and skills training to non -injecting, drug using sex partners of IDUs and other high -risk groups such as street youths. Programs may employ street outreach activities, as well as more formal education and risk -reduction counseling. Referral services include referral to assessment, treatment, interim services, and other appropriate support services. Costs do not include ongoing therapeutic or rehabilitative services. OUTPATIENT SERVICES 51 Outpatient Treatment Services provided in a non-residential substance use disorder treatment facility. Outpatient treatment services must meet the criteria in the specific modality provisions set forth in WAC 388-877B. Services are specific to client populations and broken out between group and individual therapy. The service satisfies the level of intensity in ASAM Level 1. Adult: All individuals who are not considered Youth or PPW. Youth: An individual from age ten (10) through age seventeen (17). PPW: Pregnant and postpartum women and women with dependent children. "Dependent Children" means an individual age seventeen (17) or younger. 51 Brief Outpatient Treatment A program of care and treatment that provides a systemic, focused process that relies on assessment, client engagement, and rapid implementation of change strategies. The service as described satisfies the level of intensity in ASAM Level 1. Adult: All individuals who are not considered Youth or PPW. Youth: An individual from age ten (10) through age seventeen (17). PPW: Pregnant and postpartum women and women with dependent children. "Dependent Children" means an individual age seventeen (17) or younger. EXHIBIT G A19 INSTRUCTIONS NORTH SOUND BHO-WHATCOM-SABG-17-19 Page 3 of 7 225 59 Opiate Substitution Treatment Costs incurred to provide assessment and treatment services to opiate dependent patients. Services include prescribing and dispensing of an approved medication, as specified in 212 CFR Part 291, for opiate substitution services in accordance with WAC 388-877B. Both detoxification and maintenance are included, as well as physical exams, clinical evaluations, individual or group therapy for the primary patient and their family or significant others. Additional services include guidance counseling, family planning and educational and vocational information. (The service as described satisfies the level of intensity in ASAM Level 1.) PPW: Pregnant and postpartum women and women with dependent children. "Dependent Children" means an individual age seventeen (17) or younger. Non-PPW: All individuals who are not considered PPW. COMMUNITY / OTHER / INTENSIVE SUPPORT 64 Case Management Case management services are services provided by a Chemical Dependency Professional (CDP), CDP Trainee, or person under the clinical supervision of a CDP who will assist clients in gaining access to needed medical, social, education, and other services. Does not include direct treatment services in this sub element. This covers costs associated with case planning, case consultation and referral services, and other support services for the purpose of engaging and retaining clients in treatment or maintaining clients in treatment. This does not include treatment planning activities required in WAC 388-887B. PPW: Pregnant and postpartum women and women with dependent children. "Dependent Children" means an individual age seventeen (17) or younger. Non-PPW: All individuals who are not considered PPW. 69 Pregnant, Post-Partum, Or Parenting (PPW) Women's Housing Support Services Costs incurred for support services to PPW in a transitional residential housing program designed exclusively for such clients. Costs include facilitating contacts and appointments for community resources for medical care, financial assistance, social services, vocational, childcare needs, outpatient treatment services, and permanent housing services. This includes services to family or significant others of a person currently in transitional housing. 61 Therapeutic Intervention Services for Children Cost incurred to provide services promoting the health and welfare of children accompanying parents who participate in the residential substance abuse program. Services include: developmental assessment using recognized, standardized instruments; play therapy; behavioral modification; individual counseling; self-esteem building; and family intervention to modify parenting behavior and/or the child's environment to eliminate/prevent the child's dysfunctional behavior. EXHIBIT G A19 INSTRUCTIONS NORTH SOUND BHO-WHATCOM-SABG-17-19 Page 4 of 7 226 43 Sobering Services Costs incurred to provide shelter services for short-term (12 hours or less) emergency shelter, screening, and referral services to persons who need to recover from the effects of alcohol. Services include medical screening, observation and referral to continued treatment and other services as appropriate. 41 Crisis Stabilization Services provided on a very short term basis to intoxicated or incapacitated individuals on the streets or in other public places and may include general assessment of the patient's condition, an interview for diagnostic or therapeutic purposes, and transportation home or to an approved treatment facility. Services may be provided by telephone or in person, in a facility or in the field, and may or may not lead to ongoing treatment. This does not include the costs of ongoing therapeutic services. OUT -OF -HOME RESIDENTIAL SERVICES 45 Sub -Acute Withdrawal Management Costs incurred for withdrawal management services provided to an individual to assist in the process of withdrawal from psychoactive substance (includes alcohol) in a safe and effective manner. Sub -Acute is nonmedical withdrawal management or patient self - administration of withdrawal medications ordered by a physician, provided in a home -like environment. (Limited to 3-5 days for Medicaid State Plan Services) 81 Intensive Inpatient Residential Treatment Services Costs incurred for a concentrated program of substance use disorder treatment, individual and group counseling, education, and related activities for alcoholics and addicts excluding room and board in a twenty -four -hour -a -day supervised facility in accordance with WAC 388-88713. (The service as described satisfies the level of intensity in ASAM Level 3.5) Adult: All individuals who are not considered Youth or PPW. Youth: An individual from age ten (10) through age seventeen (17). PPW: Pregnant and postpartum women and women with dependent children. "Dependent Children" means an individual age seventeen (17) or younger. 82 Long -Term Care Residential Treatment Services Costs incurred for the care and treatment of individuals with substance use disorder with impaired self -maintenance capabilities including personal care services and a concentrated program of substance use disorder treatment, individual and group counseling, education, vocational guidance counseling and related activities for alcoholics and addicts excluding room and board in a twenty -four -hour -a -day supervised facility accordance with WAC 388-87713. (The service as described satisfies the level of intensity in ASAM Level 3.3) Adult: All individuals who are not considered Youth or PPW. Youth: An individual from age ten (10) through age seventeen (17). PPW: Pregnant and postpartum women and women with dependent children. "Dependent Children" means an individual age seventeen (17) or younger. EXHIBIT G NORTH SOUND BHO-WHATCOM-SABG-17-19 A19 INSTRUCTIONS Page 5 of 7 227 83 Recovery House Residential Treatment Services Costs incurred for a program of care and treatment with social, vocational, and recreational activities designed to aid individuals with substance use disorder in the adjustment to abstinence and to aid in job training, reentry to employment, or other types of community activities, excluding room and board in a twenty -four -hour -a -day supervised facility accordance with WAC 388-877B. (The service as described satisfies the level of intensity in ASAM Level 3.1) Adult: All individuals who are not considered Youth or PPW. Youth: An individual from age ten (10) through age seventeen (17). PPW: Pregnant and postpartum women and women with dependent children. "Dependent Children" means an individual age seventeen (17) or younger. 44 Involuntary Commitment Services Costs incurred for services employed to identify and evaluate individuals with substance use disorder requiring protective custody, detention, or involuntary commitment services in accordance with RCW 70.96A.120-140. Costs include case finding, investigation activities, assessment activities, and legal proceedings associated with these cases. 42 Acute Withdrawal Management Withdrawal Management services provided to an individual to assist in the process of withdrawal from psychoactive substance in a safe and effective manner. Acute withdrawal management provides medical care and physician supervision for withdrawal from alcohol or other drugs. (Limited to 3-5 days for Medicaid State Plan Services) 91 Family Hardship The provision of transportation and lodging for family members traveling from their home to the treatment facility for distances over 50 miles within Washington State in support of Medicaid funded youth who are receiving services in a Residential facility in order to allow them to participate in treatment with the youth. 93 Room and Board The provision of accessible, clean and well -maintained sleeping quarters with sufficient space, light and comfortable furnishings for sleeping and personal activities along with nutritionally adequate meals provided three times a day at regular intervals in a 24-hour- a-day setting . Medicaid and Non -Medicaid patients should be recorded. Room and Board must be provided consistent with the requirements for Residential Treatment Facility Licensing through the Department of Health WAC 246-337. RECOVERY SUPPORTS 62 Transportation Costs incurred to transport patients to and from substance use disorder treatment programs. PPW: Pregnant and postpartum women and women with dependent children. "Dependent Children" means an individual age seventeen (17) or younger. Non-PPW: All individuals who are not considered PPW. EXHIBIT G NORTH SOUND BHO-WHATCOM-SABG-17-19 A19 INSTRUCTIONS Page 6 of 7 228 67 Child Care Services Costs incurred to provide child care services, when needed, to children of parents in treatment in order to complete the parent's plan for substance use disorder treatment services. Childcare services must be provided by licensed childcare providers or by providers operating in accordance with the provisions set forth in WAC's published by the Department of Health and Department of Early Learning for the provision of child care services. 92 Recovery Support Services A broad range of nonclinical services that are designed to assist individuals and their families to become stable and maintain long term recovery from substance use disorder, delivered through a variety of community and faith -based groups, treatment providers, schools, and other specialized services. Services can be provided by a single entity or a consortium of health and human service providers. OTHER SABG ACTIVITIES 12 Continuing Education/Training Costs incurred to support educational programs, training projects, and/or other professional development programs directed toward: 1) improving the professional and clinical expertise of prevention and treatment facility staff, 2) the knowledge base of county employees who oversee the program agreement; and 3) to meet minimum standards and contract requirements. Costs could include trainers, transportation, per diem expenses, and tuition. 32 Alcohol/Drug Information School Costs incurred for Alcohol/Drug Information schools to provide information regarding the use and abuse of alcohol/drugs in a structured educational setting. Alcohol/Drug Information Schools must meet the certification standards in WAC 388-877B. (The service as described satisfies the level of intensity in ASAM Level 0.5) 96 Naloxone Purchase of: sodium chloride for reconstitution, syringes and needles for administration of Naloxone, Narcan Nasal Spray, education materials for administration of Naloxone, and Naloxone education classes for medical professionals. Also, costs incurred for Naloxone hydrochloride injections, EXHIBIT G A19 INSTRUCTIONS NORTH SOUND BHO-WHATCOM-SABG-17-19 Page 7 of 7 229 EXHIBIT H The National CLASStandards are intended to advance health equity, improve quality, and help eliminate healthcare disparities by establishing a blueprintforhealth and health care organizations to: Principal Standard,. 1. Provide effective, equitable, understandable, and respectful quality care and services that are responsive to diverse cultural health beliefs and practices, preferred languages, health literacy, and other communication needs. Governance, Leadership, andWorkfoccea 2. Advance and sustain organizational governance and leadership that promotes CLAS and health equity through policy, practices, and allocated resources. 3. Recruit, promote, and support a culturally and linguistically diverse governance, leadership, and workforcethat are responsive to the population in the service area. 4. Educate and train governance, leadership, and workforce in culturally and linguistically appropriate policiesand practices on an ongoing basis. Communication and Language Assistance: 5. Offer language assistance to individuals who have limited English proficiency and/or other communication needs, at no cost to them, to facilitate timely access to all health care and services. 6. Inform all individuals of the availability of language assistance services clearly and in their preferred language, verbally and in writing. 7. Ensure the competence of individuals providing language assistance, recognizing that the use of untrained individuals and/or minors as interpreters should be avoided. 8. Provide easy -to -understand print and multimedia materials and signage in the languages commonly used bythe populations in the service area. Engagement, Continuous Improvement, and Accountability, 9. Establish culturally and linguistically appropriate goals, policies, and management accountability, and infusethem throughout the organization's planning and operations. 10. Conduct ongoing assessments of the organization's CLAS-related activities and integrate CLAS-related measuresinto measurement and continuous quality improvement activities. 11. Collect and maintain accurate and reliable demographic data to monitor and evaluate the impact of CLAS on health equity and outcomes and to inform service delivery. 12. Conduct regular assessments of community health assets and needs and use the results to plan and implement services that respond to the cultural and linguistic diversity of populations in the servicearea. 13. Partner with the community to design, implement, and evaluate policies, practices, and services to ensure cultural and linguistic appropriateness. 14. Create conflict and grievance resolution processes that are culturally and linguistically appropriate to identify, prevent, and resolve conflicts or complaints. 15. Communicate the organization's progress in implementing and sustaining CLAS to all stakeholders, constituents, and the general public. NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 1 of 2 230 ii) l'�''i �!;" j..'.,?fl;,_ 1, "e.Ir.-._. �,.�..,�: t_:n .i_,... h'�.�R Health equity is the attainment of the highest level of health for all people (U.S. Department of Health and Human Services [HHS] Office of Minority Health, 2011). Currently, individuals across the United States from various cultural backgrounds are unable to attain their highest level of health for several reasons, including the social determinants of health, or those conditions in which individuals are born, grow, live, work, and age (World Health Organization, 2012), such as socioeconomic status, education level, and the availability of health services (HHS Office of Disease Prevention and Health Promotion, 2010). Though health inequities are directly related to the existence of historical and current discrimination and social injustice, one of the most modifiable factors is the lack of culturally and linguistically appropriate services, broadly defined as care and services that are respectful of and responsive to the cultural and linguistic needs of all individuals. Health inequities result in disparities that directly affect the quality of life for all individuals. Health disparities adversely affect neighborhoods, communities, and the broader society, thus making the issue not only an individual concern but also a public health concern. In the United States, it has been estimated that the combined cost of health disparities and subsequent deaths due to inadequate and/or inequitable care is $1.24 trillion (LaVeist, Gaskin, & Richard, 2009). Culturally and linguistically appropriate services are increasingly recognized as effective in improving the quality of care and services (Beach et al., 2004; Goode, Dunne, & Bronheim, 2006). By providing a structure to implement culturally and linguistically appropriate services, the enhanced National CLAS Standards will improve an organization's ability to address health care disparities. The enhanced National CLAS Standards align with the HHS Action Plan to Reduce Racial and Ethnic Health Disparities (HHS, 2011) and the National Stakeholder Strategy for Achieving Health Equity (HHS National Partnership for Action to End Health Disparities, 2011), which aim to promote health equity through providing clear plans and strategies to guide collaborative efforts that address racial and ethnic health disparities across the country. Similar to these initiatives, the enhanced National CLAS Standards are intended to advance health equity, improve quality, and help eliminate health care disparities by providing a blueprint for individuals and health and health care organizations to implement culturally and linguistically appropriate services. Adoption of these Standards will help advance better health and health care in the United States. .Bibliography - Beach, M. C., Cooper, L. A., Robinson, K. A., Price, E. G., Gary, T. L., Jenckes, M. W., Powe, N.R. (2004). Strategies for improving minority healthcare quality. (AHRQ Publication No. 04-E008-02). Retrieved from the Agency of Healthcare Research and Quality website: http: //www. ahrq. gov/downloads/pub/evidence/pdf/mi nq ual/mi nqual. pdf Goode, T. D., Dunne, M. C., & Bronheim, S. M. (2006). The evidence base for cultural and linguistic competency in health care. (Commonwealth Fund Publication No. 962). Retrieved from The Commonwealth Fund website: http://www.commonwealthfund.org/usr_doc/Goode_evidencebasecultlinguisticcomp_962. pdf LaVeist, T. A., Gaskin, D. J., & Richard, P. (2009). The economic burden of health inequalities in the United States. Retrieved from the Joint Center for Political and Economic Studies website: http://www.jointcenter.org/sites/default/files/upload/research/files/The°/020Economic%2 OBurden%20of%20Health%20Inequalities%20in%20the°/o20United%20States. pdf National Partnership for Action to End Health Disparities. (2011). National stakeholder strategy for achieving health equity. Retrieved from U.S. Department of Health and Human Services, Office of Minority Health website: http://www.minorityhealth. hhs.gov/npa/templates/content.aspx?lvl=1&lvlid=33&ID=286 U.S. Department of Health and Human Services. (2.011). HHS action plan to reduce racial and ethnic health disparities: A nation free of disparities in health and health care. Retrieved fromhttp://minorityhealth. hhs.gov/npa/files/Plans/HHS/HHS_Plan_complete.pdf U.S. Department of Health and Human Services, Office of Disease Prevention and Health Promotion. (2010). Healthy people 2020: Social determinants of health. Retrieved from http://www.healthypeople.gov/2020/topicsobjectives2O2O/overview.aspx?topicid=39 U.S. Department of Health and Human Services, Office of Minority Health (2011). National Partnership for Action to End Health Disparities. Retrieved from http://minorityhealth.hhs.gov/npa World Health Organization. (2012). Social determinants of health. Retrieved from http://www.who.int/social—determinants/en/ THANK D.P. fof www.TliinkCulturalHealth.hs.gov CULTURAL o,h atl Han0 M wHEALTH UEXHIBIT H NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 CULTURALLY AND LINGUISTICALLY APPROPRIATE SERVICES Page 2 of 2 231 EXHIBIT I BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement (this "Agreement") is made effective the 13th day of July 1, 2017, ("Effective Date") by and between NORTH SOUND BEHAVIORAL HEALTH ORGANIZATION ("North Sound BHO") and WHATCOM COUNTY ("Contractor") (individually, a "Party" and, collectively, the "Parties"). A. WHEREAS, the Parties wish to enter into this Agreement to comply with the administrative simplification section of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended (collectively, "HIPAA"). B. WHEREAS, the Parties have entered into one or more written or verbal arrangements (collectively, the "Service Contract") under which Contractor will provide certain services to North Sound BHO that may involve Contractor creating, receiving, maintaining, or transmitting PHI, as defined below, and Contractor may be considered a "Business Associate" of North Sound BHO under HIPAA and a "Qualified Service Organization" under the Confidentiality of Alcohol and Drug Abuse Patient Records regulations at 42 CFR Part 2 ("Part 2"). NOW, THEREFORE, in consideration of the Parties' continuing obligations under the Service Contract, their compliance with HIPAA and Part 2, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the provisions of this Agreement. DEFINITIONS. Except as otherwise defined in this Agreement, capitalized terms in this Agreement shall have the definitions set forth in HIPAA. "Individual" shall have the same meaning as the term "Individual" in 45 CFR § 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g). "Part 2 Information" means alcohol abuse, drug abuse, or substance use disorder information covered by Part 2. "PHI" shall have the same meaning as the term "Protected Health Information" that is created, received, maintained, or transmitted by Contractor from or on behalf of North Sound BHO. PHI includes, without limitation, Electronic PHI and Part 2 Information. "PII" means personally identifiable information as defined under Washington law. 11. PERMITTED USES AND DISCLOSURES BY CONTRACTOR. 2.1 Performance of Service Contract. Contractor may use and disclose PHI and PII to perform functions, activities, or services for, or on behalf of, North Sound BHO as specified in the Service Contract as long as the use or disclosure would not violate HIPAA, Part 2, and state and federal laws (collectively, "Law'), if done by North Sound BHO. 2.2 Management; Administration; Legal Responsibilities. Contractor may use PHI and PII for its proper management and administration and to fulfill its legal responsibilities, as long as the uses are permitted under Law for both North Sound BHO and Contractor. 2.3 Required by Law. Except as otherwise limited in this Agreement, Contractor may disclose PHI and PII as Required by Law. Contractor shall: (i) to the extent permitted by Law, immediately notify North Sound BHO prior to the disclosure; (ii) cooperate with North Sound BHO in making any disclosures Required by Law, including efforts to challenge or limit the disclosure; and (iii) provide a copy of all information disclosed relating to this Agreement or the Service Contract. 2.4 De -identified Information. Contractor may not use or disclose PHI or PII to create de -identified information or Limited Data Sets or to otherwise anonymize or aggregate PHI or PII for its own use or disclosure, without prior, express, written approval from North Sound BHO. 2.5 Minimum Necessary. Contractor shall make all reasonable efforts to access, use, disclose, or request only the minimum necessary amount of PHI or PII to accomplish the intended, permitted purpose of the access, use, disclosure, or request. Contractor shall comply with North Sound BHO's policies and procedures concerning minimum necessary requirements. The Parties shall NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 1 of 6 232 collaborate in determining what quantum of information constitutes the "minimum necessary" amount for Contractor to accomplish its intended purposes. III. OBLIGATIONS AND ACTIVITIES OF CONTRACTOR. 3.1 Compliance with this Agreement. Notwithstanding anything to the contrary, Contractor agrees to not use or further disclose PHI or PII other than as permitted or required by this Agreement or as Required by Law. 3.2 Safeguards. Contractor agrees to: (i) use appropriate safeguards to prevent use or disclosure of PHI and PII other than as provided for by this Agreement; (ii) implement the administrative, physical, and technical safeguards of the Security Standards for the Protection of Electronic Protected Health Information (the "Security Rule") that reasonably and appropriately protect the confidentiality, integrity, and availability of any PHI; and (iii) comply with those requirements under the Security Rule that apply to Business Associates. 3.3 Notification. 3.3.1 Impermissible Use or Disclosure. Contractor shall report to North Sound BHO any use or disclosure of PHI or PII not permitted under this Agreement, regardless of whether the use or disclosure rises to the level of a Breach. 3.3.2 Security Incident. Contractor shall report to North Sound BHO any Security Incident of which Contractor becomes aware, regardless of whether the Security Incident rises to the level of a Breach. This Agreement constitutes notification of "unsuccessful" Security Incidents that do not present a risk to PHI such as: (i) "pings" on an information system firewall; (ii) port scans; and (iii) attempts to log on to an information system or enter a database with an invalid password or user name. 3.3.3 Breach Notification. Contractor shall report any Breach of Unsecured PHI, as required by the Notification of a Breach of Unsecured Protected Health Information Standards. 3.3.4 Reporting Requirements. Contractor shall make the report as soon as practical and in any event within five (5) business days of Contractor's discovery of one of the above described events (an "Event"). Contractor shall supplement the information provided in the report as it becomes available. An Event shall be treated as discovered by Contractor as of the first day on which the Event is known to Contractor or, through the exercise of reasonable diligence, would have been known to Contractor. 3.3.5 Content of Notification. Contractor shall provide information to fully inform North Sound BHO of each Event and any additional information requested by North Sound BHO. At a minimum, the report of an Event shall include, to the extent possible: (i) The identification of each Individual whose PHI or PII has been, or is reasonably believed by Contractor to have been, accessed, acquired, used, or disclosed during the Event; (ii) A brief description of what happened, including the date of the Event and the date of discovery of the Event; (iii) A description of the types of PHI or PII involved in the Event (such as whether full name, Social Security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); (iv) Any steps Individuals should take to protect themselves from potential harm resulting from the Event; EXHIBIT I NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 BUSINESS ASSOCIATE AGREEMENT Page 2 of 6 233 (v) A brief description of what Contractor is doing to investigate the Event, to mitigate harm to Individuals, and to protect against any further Events; and (vi) Contact procedures for North Sound BHO or Individuals to ask questions or learn additional information, which shall include a toll -free telephone number, an e-mail address, Web site, or postal address. 3.4 Subcontractors. Contractor shall ensure that any Subcontractor whom Contractor permits to create, receive, maintain, or transmit PHI or PII on behalf of North Sound BHO, agrees in writing: (i) to the same restrictions and conditions that apply through this Agreement to Contractor; and (ii) to comply with the requirements of the Security Rule that apply to Business Associates. 3.5 Restrictions. Contractor agrees to comply with any requests for restrictions on certain uses and disclosures of PHI or PII of which North Sound BHO informs Contractor. 3.6 Access. At the request of North Sound BHO, within ten (10) business days, unless a shorter time period is requested, in the manner, form, and format requested by North Sound BHO, Contractor shall make available PHI and PII so that North Sound BHO may respond to an Individual's request for access to PHI and PII in accordance with the Standards for Privacy of individually identifiable Health Information (the "Privacy Rule") and other Law. In the event that an Individual requests from Contractor access to PHI or PII, Contractor, to the extent permitted by Law, shall forward the request to North Sound BHO within two (2) business days. 3.7 Amendment. At the request of North Sound BHO, in a reasonable time and manner and in the form and format requested by North Sound BHO, Contractor shall make amendments to PHI and PII so that North Sound BHO may respond to an Individual's request for an amendment by North Sound BHO in accordance with the Privacy Rule and other Law. In the event that an Individual requests from Contractor any amendments, Contractor shall forward the request to North Sound BHO within two (2) business days. 3.8 Accounting of Disclosures. Contractor shall document any disclosures that are required to be in an accounting of disclosures under the Privacy Rule and, upon request, shall provide information required to be included in an accounting of disclosures to North Sound BHO to permit North Sound BHO to comply with the Privacy Rule and other Law. In the event that an Individual requests from Contractor, an accounting of disclosures, to the extent permitted by law, Contractor shall forward the request to North Sound BHO within two (2) business days. 3.9 Disclosures to the Secretary. Contractor agrees that it will make its internal practices, books, and records available to the Secretary of the United States Department of Health and Human Services (the "Secretary"), for the purpose of determining North Sound BHO's and Contractor's compliance with HIPAA, and to North Sound BHO for the purpose of determining Contractor's compliance with this Agreement and HIPAA, in a time and manner designated by the Secretary or North Sound BHO. Contractor: (i) immediately shall notify North Sound BHO of any requests from the Secretary pertaining to an investigation of Contractor's or North Sound BHO's compliance with HIPAA; (ii) cooperate with North Sound BHO in responding to the Secretary's request; and (iii) provide to North Sound BHO a copy of all documents provided to the Secretary. 3.10 Part 2 Information. To the extent that, in performing services for or on behalf of North Sound BHO under the Service Contract, Contractor uses, discloses, maintains, or transmits Part 2 Information, Contractor acknowledges and agrees that: (a) in creating, receiving, maintaining, transmitting, using, or disclosing Part 2 information, it is fully bound by Part 2; and (b) if necessary, it will resist in judicial proceedings any efforts to obtain access to Part 2 Information except as permitted by Part 2. Contractor acknowledges that any unauthorized disclosure of Part 2 Information may be a federal criminal offense. EXHIBIT I NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 BUSINESS ASSOCIATE AGREEMENT Page 3 of 6 234 3.11 Covered Entity Obligations. To the extent that Contractor is to carry out one or more of North Sound BHO obligations under the Privacy Rule, Contractor shall comply with the requirements of the Privacy Rule that apply to North Sound BHO in the performance of the obligations. 3.12 On -Site Services. Contractor agrees that, while present at any North Sound BHO facility and/or when accessing North Sound BHO's computer network(s), it and all of its Workforce, agents, and Subcontractors at all times will comply with any network access and other security practices, policies, and procedures established by North Sound BHO including, without limitation, those established pursuant to HIPAA. 3.13 No Sale of PHI. Contractor agrees that it will not directly or indirectly receive remuneration in exchange for any PHI or PII without the written authorization of each applicable Individual, except when expressly permitted by the Privacy Rule. 3.14 No Impermissible Marketing or Fundraising Communication. Contractor agrees that it will not engage in Marketing or fundraising communications that would not be permitted by North Sound BHO under HIPAA. 3.15 Mitigation. Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to Contractor of a use or disclosure of PHI or PII by Contractor in breach of this Agreement, failure to comply with applicable Law, and any Event, as defined in Section 3.3. 3.16 Compliance with Applicable Law. Contractor shall comply with applicable Law. Contractorshall not act or fail to act in a manner that causes North Sound BHO to not be in compliance with applicable Law. IV. OBLIGATIONS OF NORTH SOUND BHO. North Sound BHO shall not request Contractor to act in a manner that is not permissible under HIPAA. V. TERM AND TERMINATION. 5.1 Term. The term of this Agreement shall be effective as of the Effective Date and shall terminate upon the expiration or termination of the Service Contract. 5.2 Termination. Upon North Sound BHO's knowledge of a material breach by Contractor of its obligations under this Agreement, North Sound BHO may notify Contractor, and Contractor shall have thirty (30) days from receipt of that notice to cure the breach or end the violation. Notwithstanding anything to the contrary in the Service Contract, if Contractor fails to cure the breach or end the violation within the designated time period, then North Sound BHO immediately may terminate the Service Contract upon notice. 5.3 Effect of Termination. 5.3.1 Return or Destruction. Except as provided in 5.3.1, upon termination of this Agreement, Contractor, within ten (10) days, shall return or destroy all PHI and PII. Any destruction shall be in a manner consistent with HIPAA and related guidance. This provision also shall apply to PHI and PII that is in the possession of Subcontractors or agents of Contractor. Neither Contractor nor its Subcontractors or agents shall retain copies of the PHI. Upon request, Contractor shall provide a certificate of appropriate destruction of the PHI and PII. 5.3.2 Continued Protections. In the event that Contractor determines that returning or destroying the PHI and PII is infeasible, Contractor shall provide within ten (10) days to North Sound BHO notification of the conditions that make return or destruction infeasible of PHI and P11. Upon mutual agreement of the Parties that return or destruction of PHI is infeasible and to the extent Contractor retains knowledge of the PHI EXHIBIT I NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 BUSINESS ASSOCIATE AGREEMENT Page 4 of 6 235 and PII, Contractor shall extend the protections of this Agreement to the PHI and PII and limit further uses and disclosures of the PHI and PII to those purposes that make the return or destruction infeasible, for as long as Contractor maintains, or retains knowledge of, the PHI or PII. VI. MISCELLANEOUS. 6.1 Indemnification Obligation. Notwithstanding anything to the contrary in the Service Contract, Contractor will indemnify, defend at North Sound BHO's request, and hold harmless North Sound BHO, its Workforce, County Authorities Executive Committee, Advisory Board, partners, agents, and Subcontractors, (collectively "North Sound BHO Indemnified Parties") from and against any and all claims, actions, investigations, proceedings, losses, liability, damages, costs, and expenses (including attorneys' fees, costs of defense, and costs of investigation, mitigation, remediation, and notification) incurred or suffered by an North Sound BHO Indemnified Party (collectively, "Damages") that arise out of, result from, allege, or relate to any of the following: (i) Contractor's breach of this Agreement, including any breach of any representation or warranty; (ii) any Event reported by Contractor under this Agreement; (iii) any violation of Law by or caused by Contractor or its Workforce, agents, or Subcontractors; or (iv) any negligent act or omission, willful misconduct, strict liability, or fraud by or of Contractor or its Workforce, agents, or Subcontractors. 6.2 No Limitations on Liability. Notwithstanding any other provision of this Agreement or the Service Contract, in no event will any exclusions, disclaimers, waivers, or limitations of any nature whatsoever apply to any damages, liability, rights, or remedies arising from or in connection with: (i) Contractor's indemnification and defense obligations under this Agreement; (ii) Contractor's breach of this Agreement, including any breach of any representation or warranty; (iii) any Event reported by Contractor; (iv) any violation of Law by or caused by Contractor or its Workforce, agents, or Subcontractors; or (v) any negligent act or omission, willful misconduct, strict liability, or fraud by or of Contractor or its Workforce, agents, or Subcontractors. 6.3 Ownership of Information. The Parties agree that Contractor shall not have an ownership interest in PHI or PII or any derivations of the PHI or PII. 6.4 Third Party Beneficiaries. Notwithstanding anything to the contrary in the Service Contract or this Agreement, Individuals who are service recipients of North Sound BHO shall be third party beneficiaries to this Agreement. Subject to the foregoing, nothing in this Agreement shall confer upon any person other than the Parties and their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever. 6.5 Interpretation. This Agreement shall be interpreted in a manner consistent with the Parties' intent to comply with HIPAA, Part 2, and other Law. Any ambiguity of this Agreement shall be resolved in favor of a meaning that permits the Parties to comply with HIPAA, Part 2, and other Law. In the event of an inconsistency between the provisions of this Agreement and mandatory provisions of HIPAA, HIPAA shall control. In the event of any inconsistency between this Agreement and the Service Contract or any other agreement between the Parties, the terms of this Agreement shall control. Nothing in this Agreement shall be construed as a waiver of any legal privilege or protection, including for trade secrets or confidential commercial information. 6.6 Survival. The obligations of Contractor under Sections 3.3, 3.6, 3.8, 3.10, 3.13, 3.15, 5.3, 6.1, 6.2, 6.3, and 6.4 of this Agreement shall survive the expiration, termination, or cancellation of this Agreement, the Service Contract, and/or the business relationship of the Parties, and shall EXHIBIT I NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 BUSINESS ASSOCIATE AGREEMENT Page 5 of 6 236 this Agreement shall control. Nothing in this Agreement shall be construed as a waiver of any legal privilege or protection, including for trade secrets or confidential commercial information. 6.6 Survival. The obligations of Contractor under Sections 3.3, 3.6, 3.8, 3.10, 3.13, 3.15, 5.3, 6.1, 6.2, 6.3, and 6.4 of this Agreement shall survive the expiration, termination, or cancellation of this Agreement, the Service Contract, and/or the business relationship of the Parties, and shall continue to bind Contractor, its Workforce, agents, employees, subcontractors, successors, and assigns as set forth in this Agreement. 6.7 Amendment. This Agreement may be amended or modified only in a writing signed by the Parties. The Parties agree that they will negotiate amendments to this Agreement to conform to any changes in HIPAA and Part 2. 6.8 Assignment. Neither Party may assign its respective rights and obligations under this Agreement without the prior written consent of the other Party. 6.9 Independent Contractor. None of the provisions of this Agreement are intended to create, nor will they be deemed to create, any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Agreement and any other agreements between the Parties evidencing their business relationship. No agency relationship is deemed created by this Agreement. 6.10 Governing Law. To the extent this Agreement is not governed exclusively by HIPAA, Part 2, or other Law, it will be governed by and construed in accordance with the laws of the State of Washington. 6.11 No Waiver. No change, waiver, or discharge of any liability or obligation under this Agreement on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion. 6.12 Severability. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect. 6.13 Notice. Any notification required in this Agreement shall be made in writing to the representative of the Party who signed this Agreement or the person currently serving in that representative's position with the other Party. 6.14 Entire Agreement. This Agreement constitutes the entire understanding of the Parties with respect to its subject matter and supersedes all prior agreements, oral or written. IN WITNESS WHEREOF, the Parties have executed, through representatives with the authority to bind each Party, this Agreement effective as of the Effective Date day and year written above. NORTH SOUND BHO By. Title: De ut' irector Date: EXHIBIT I BUSINESS ASSOCIATE AGREEMENT WHATCOM COUNTY iina A. Delahunt, , f . Date: w� NORTH SOUND BHO-WHATCOM COUNTY-SABG-17-19 Page 6 of 6 237 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-259 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: Cody Swan R E '(�y I �/ E [� u 9/12/2017 Finance/Council Division Head: Joe Rutan, P.E. Dept. Head: Jon Hutchings 3o r 7 1 Prosecutor: 66 Daniel Gibson 061117 �OOI � 4 ATC COUNTY Purchasing/Budget: y1 ��,�,-7 Brad Bennett 46 COUNCIL Executive: Jack Louws o� IT5 Ir F TITLE OF DOCU ENT: East Smith Road Pavement Rehabilitation, Everson -Goshen to SR-542; CRP No. 916006 ATTACHMENTS: 1. Memo 2. Contract Information Sheet 3. Rural Arterial Program (RAP) - Project Agreement for Construction Proposal, Amendment No. 1; three (3) originals 4. Project Narrative 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 respectfully requests that the County Council authorize the County Executive to enter into Amendment Number 1 with CRAB in order to receive additional RAP grant funding for the East Smith Road Pavement Rehabilitation project. Please return all three (3) originals of the Amendment Number 1-RAP Agreements to our office for further processing. We will return one (1) fully executed original to you once they are signed by CRAB. 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. rat;] WHATCOM COUNTY EOM co Joseph P. Rutan, P. E. PUBLIC WORKS DEPARTMENT rP aZ County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Jon Hutchings z Bellingham, WA 98225-4042 Director 9SNIN�+�� Phone: (360) 778-6210 Fax: (360) 778-6211 MEMORANDUM To: The Honorable Jack Louws, Whatcom County Executive and AUG 3 12017 The Honorable Whatcom County Council Through: Jon Hutchings, DirectoJACK LOUWS r C � TY EXECUTIVE From: Joseph P. Rutan, P.E., County Engineer/Assistant Directo Cody Swan, Project Engineer Date: August 28, 2017 Re: East Smith Road Pavement Rehabilitation, Everson -Goshen Road to SR-542 CRP No. 916006 Rural Arterial Program (RAP) Funding Contract -Amendment No. 1 Enclosed for your review and signature are three (3) originals of a contract between the County Road Administration Board (CRAB) and Whatcom County. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to enter into Amendment Number 1 with CRAB in order to receive additional RAP grant funding for the East Smith Road Pavement Rehabilitation project. Please return all three (3) originals of the Amendment Number 1-RAP Agreements to our office for further processing. We will return one (1) fully executed original to you once they are signed by CRAB. Project Background This agreement allows Rural Arterial Trust Account (RATA) funds to be used for the design and construction of the East Smith Road Pavement Rehabilitation project (from Everson -Goshen Road to SR-542). Funding Amount and Source Whatcom County has been awarded an additional $294,300 in RATA funds for a total of $843,730 for this project. Total anticipated project costs (design and construction) will be approximately $1,500,000 resulting is a local contribution of approximately $656,270 coming from the Road Fund. This project is listed as Item No. 11 in the 2017 Annual Construction Program. Please contact Cody Swan at extension 6265 if you have any questions or concerns regarding the terms of this agreement. 239 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET �2 e3l `7 0� 0 0 3 Originating Department: Public Works Division/Program: (i.e. Dept. Division and Program) Design and Construction Contract or Grant Administrator: James P. Karcher, PE -Engineering Manager Washington State — County Road Contractor's / Agency Name: Administration Board 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 #: 201706003 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): RAP 3717-01 CFDA#: Is this contract grant funded? Yes ® No ❑ If yes, Whatcom County grant contract number(s): 201706003 Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $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 $ 549,430 (RATA funds) 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 $ 294,300 other capital costs approved by council in a capital budget appropriation ordinance. Total Amended Amount: $ 843,730 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: Whatcom County has been awarded an additional $294,300 for a total of $843,730 in Rural Arterial Trust Account (RATA) Funds by the Washington State County Road Administration Board through an amendment to a grant from the Rural Arterial Program. Whatcom County will utilize these funds for the pavement rehabilitation of East Smith Road between Everson -Goshen Road and SR-542, a distance of approximately 3.25 miles in length. Term of Contract: Completion of Project I Expiration Date: N/A Contract Routing: 1. Prepared by: CJS 2. Attorney signoff Daniel L. Gibson O f , I17 3. AS Finance reviewed: bbennett 4. IT reviewed (if IT related): 5. Contractor signed: 6. Submitted to Exec.: 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: Last edited 10/31/16 240 Date: 2017-08-22 Date: 08123117 Date: Date: Date: Date: Date: Date: Date: 08/22/17 ,?-31-17 WASHINGTON STATE County Road Administration Board 2404 Chandler Court SW Suite #240 Olympia, WA 98504-0913 www,crab,wa.gov 360/753-5989 FAX 360/586-0386 August 15, 2017 MEMO TO: County Engineers MEMO FROM: Randy Hart, Grant Programs Manager RE: RAP Funding Contract Enclosed are original unsigned contracts offered to your county for RATA funding that was approved by the CRABoard on August 10, 2017. Pursuant to WAC 136-170-030 (1)(a) these contracts must be signed by your County Commissioner/County Executive and received in our office no later than September 29, 2017 to be valid. Please ask your Commissioner/County Executive sign all three originals and return them unaltered to: John Koster, Executive Director County Road Administration Board 2404 Chandler Court SW, Suite #240 Olympia, WA 98504-0913 Mr. Koster will execute the contract with his signature and two of the signed original contracts will be returned to you for your records. Please call 360.350.6081 or write if you have questions. Attachments: Unsigned RAP contract(s) (3 copies each) 241 Ogg "T PIP CT:0, I j 4 it STATE OF WASHINGTON - COUNTY ROAD ADMINISTRATION BOARD RURAL ARTERIAL PROGRAM PROJECT AGREEMENT FOR CONSTRUCTION PROPOSAL AMENDMENT NO. 1 Submitting County: Whatcom Project Number: 3717-01 Date Approved: 04/27/2017 Road Number(s) Road Name(s) BMP(s) EMP(s) Segment # 55080 East Smith Road 4.980 8.230 1 This is Amendment No. 1 to the above described Project Agreement, between the County of Whatcom, hereinafter the "County" and the State of Washington County Road Administration Board, hereinafter the "CRABoard." WHEREAS, the COUNTY and CRABoard desire to amend the original Project Agreement to allow an increase in RATA funding under the conditions described in WAC 136-161-070. NOW, THEREFORE, pursuant to chapter 36.79 RCW and in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: The following new language is added as section 15 to the Project Agreement: RATA funding is increased to $843,730 per CRABoard approval dated August 10, 2017. 2. All other terms and conditions of the original Project Agreement shall remain in full force and effect except as modified by this Amendment No. 1. IN WITNESS WHEREOF, the PARTIES hereto have executed this AMENDMENT No. 1 as of the PARTY's date last signed below. COUNTY ROAD ADMINISTRATION BOARD: By: Date: Page 1 of 1 By: Date: Whatcom COUNTY: Jackl-g6jws Appmed as to iL. . &3 v/17 1 L. Gibson Date Chief Civil NPUtY PrOdeoOtor AMENDMENT NO. 1 242 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-260 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: EE 9112117 PW/Health/Safety Division Head: .� 1 WHATCOM COUNTY COUNCIL Dept. Head: A40 8/22/17 Prosecutor: Purchasing/Budget: Executive: I TITLE OF D U T.- Considerations for Behavioral Health Integration - Mid -Adopter Discussion ATTACHMENTS: Memo to County Council; Letter from Washington Health Care Authority, Opportunities and Challenges of Becoming a Mid -Adopter 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.) We will present opportunities and challenges to the Council related to the timing of behavioral health integration for the Medicaid population in our county/region. The goal of the discussion is to gauge the Council's interest in becoming a "mid -adopter" region completing integration by January 2019, 1 year earlier than the legislatively mandated integration date of January, 2020. 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. 243 WHATCOM COUNTY �.Health Department �a`QHtNG'��2 Memorandum TO: Jack Louws, County Executive AAO FROM: Regina A. Delahunt, Director DATE: August 22, 2017 Regina A. Delahunt, Director Greg Stern, M.D., Health Officer RE: Considerations for Behavioral Health Integration — Mid -Adopter Discussion The Washington State Health Care Authority (HCA) sent a letter dated May 10, 2017, (attached) to the Whatcom County Executive and the Whatcom County Council explaining an upcoming decision related to the timing of behavioral health integration with medical care for the Medicaid population. Full integration is legislatively mandated to occur by January 2020. Regions can choose to become "mid -adopters" if the counties in the region agree to integration by January 2019. HCA is offering a financial incentive of $12 million if the North Sound Region agrees to become a mid -adopter. This decision must be made by all of the 5 county councils/commissions in our region by mid -September 2017 and all 5 counties must agree in order to become a mid -adopter. The opportunities and challenges associated with mid -adopter have been examined and discussed by the North Sound Behavioral Health Organization (NSBHO) along with the North Sound Accountable Community of Health (NSACH), the Managed Care Organizations and partner providers in the region. The attached table outlines the opportunities and challenges that have been discussed. The NSBHO will be meeting on September 14, 2017, to vote on a final recommendation to the counties on the mid -adopter decision. We would like to present information related to the mid -adopter decision to the council in order to gauge the council's interest in moving forward with the mid adopter decision. This will inform Whatcom County's recommendation vote at the NSBHO meeting on September 14. Due to the timing constraints, the HCA has agreed to accept an affirmative vote by the NSBHO board as an indication that formal actions by each of the councils will be forthcoming resulting in a binding letter of agreement signed by each of the 5 counties. At the September 12th Public Works Health and Safety Committee, staff will present information related to the pros and cons of mid -adopter status as well as staff recommendations on the decision. 509 Girard Street Whatcom County Bellingham, WA 98225-4005 1500 North State Street Bellingham, WA 98225-4551 360.778.6000 1 FAX 360.778.6001HEALTH WhatcomCountyHealth 44 WhatcomCoHealth ®e p a r t m e n t 360.778.6100 1 FAX 360.778.6101 www.whatcomcounty.us/health STATE, OF WASHINGTON HEALTH CARE AUTHORITY 626 8th Avenue, SF, e P.O. Box 45502 ^ Olympia, Washington 98504-5502. May 10, 2017 Dear County Commissioners and County Executives: SUBJECT: Considerations fot• Behavioral health Integration The Health Care Authority (FICA), through the vision for a healthier Washington, continues working to improve access and care for Washingtonians. A key effort is integrated purchasing of physical and behavioral health services for Apple Health (Medicaid) clients. In 2014, the Legislature mandated that this integrated purchasing model take full effect by January of 2020. Building on this past legislation, active legislation (HB 1388) is pending, which includes negotiated language with the counties that provides regions a choice fora more active role with regards to this important work. Moving forward on this now is critical to provide county authorities enough time to make a decision about whether or not to: (1) form an inter -local leadership team to decide on the terms of integrating care ahead of the 2020 mandate, which we call becoming a mid -adopter; and (2) make the necessary county and regional commitment to become a mid -adopter by this September so there is enough time in advance of 2019 start date. The implementation pathway for full integration requires regions to opt for a date by which they will achieve full integration. At this time, there are two dates (2019 or 2020) to choose for full implementation. This communication outlines key pieces of information for your county to consider: l . Timeline for implementation and local decisions needed for mid -adopter: 2019: Choosing this year will place a region in the category of mid adopter. With this option, there are two approaches that a region can choose: i. Integrated manage(( care plans assume all funding and functions for Medicaid covered behavioral health services by January of 2019; or ii. Integrated managed care plans assume all finding for Medicaid covered behavioral health services by January 2019, with certain finctions subcontracted for one year to the regional Behavioral Health Organization/counties as agreed to by the county inter -local leadership structure specified in the pending legislation. b. 2020: Integrated managed care plans assume all funding and functions for Medicaid covered behavioral health services by January of 2020. * Regardless of the choices outlined above, all regions must also decide whether to develop a county based or procured behavioral health administrative services organization which would assume administration of the crisis system and certain non - Medicaid funded activities. 245 The Honorable County Commissioners The Honorable County Executives May 10, 2017 Page 2 2. Demonstration Incentive Funds: Pending final legislative approval, significant funding would be available to mid -adopter regions to support integration through a Medicaid Transformation Demonstration Waiver that the state successfully negotiated, ranging from $4.9 to $16.6 million, based on the number of Medicaid clients within a region. 3. Procurement Process and Role: Regions that choose to be a mid -adopter will need to play an active role in the transition and implementation design. In keeping with the commitment to local leadership, regions that choose to be a mid -adopter will be granted significant support to successfully implement by 2019. 4. Binding Letter of Intent to become a mid -adopter is due by September 15, 2017. Due to the timing needed to prepare for a January 2019 start date, regions who do not wish to submit a letter of intent by September 15, 2017, will not be eligible to receive mid -adopter incentive funds. HCA is prepared to assist regions with planning as soon as we receive a binding letter of intent. Regardless of the implementation date you select, HCA is committed to achieving successfiil statewide integration to better serve Washingtonians, and we look forward to partnering with your inter -local leadership team in these efforts including helping to shape your region's plan. If you have questions about how we can support your deliberations, please contact Isabel Jones, Integration Policy Manager via email at isa bet. ones,'-(i hca.wa.gov or Alice Lind, Grants and Program Development Section Manager via email at atice, lind{ii`hca.vva,eov. Sincerely, MaryAnne L,indeblad, BSN, MPH Medicaid Director Enclosure(s): Incentives for Mid -Adopters of Integrated Managed Care Instructions for Submitting a Binding Letter of Intent BHO Regional Service Area Map cc: Dorothy Teeter, Director, HCA Pat Lashway, Acting Secretary, DSIIS Bob Crittenden, Special Assistant for Health Care Reform, GOV Jason McGill, Senior Health Policy Advisor, GOV Nathan Johnson, Chief Policy Officer, PPP, HCA Alice Lind, Grants and Program Development Section Manager, MPOI, MCA Isabel Jones, Integration Policy Manager, PPP, HCA County Board and Council Clerks a, R Counties that commit to implementing integrated managed care before 2020 will be eligible for significant incentive funds to deliver improved coordinated health care for people in their region. How does Medicaid Demonstration incentive funding work? This Information is dependent on the approval of the Funding and Mechanics Protocol currently under review by CMS, and pending Washington legislative appropriation for the Medicaid Demonstration: As currently proposed, here's how the math works: The incentive payments eligible to each region is calculated using a base rate of up to $2 million and a per member rate based on total attributed Medicaid beneficiaries. Proposed integration incentive methodology = [$2 million] * [$36 x Total Attributed Medicaid Beneficiaries] x [Phase Weight] The incentives for integrated managed care will be distributed in two phases: delivery of binding letter(s) of intent and implementation. These phases represent two key activities towards integration. ACHs and partnering providers are eligible for an incentive payment for completion of each phase. Based on the proposed methodology, estimates for incentives available to each region are as follows: Better Health 188,757 $3,518,000 $5,277,000 $8,795,000 Together Cascade Pacific 179,382 $3,382,000 $5,074,000 $8,457,000 Action Alliance Greater Columbia 243,934 $4,312,000 $6,468,000 $10,781,000 ACH King County ACH 407,352 $6,665,000 $9,998,000 $16,664,000 Olympic Community 81,819 $1,978,000 $2,967,000 $4,945,000 of Health Pierce County ACH 221,396 $3,988,000 $5,982,000 $9,970,000 North Sound ACH 267,923 $4,658,000 $6,987,000 $11,645,000 `Southwest ACH and North Central ACH have already committed to or implemented integrated managed care and are not reflected in this table as a result. 247 1. Integration of physical and behavioral health care for Apple Health (Medicaid) clients is on a firm path. The state Health Care Authority (HCA) is moving forward to meet the legislative direction under E2SSB 6312 to integrate behavioral health benefits into the Apple Health managed care program so that clients have access to the full complement of medical and behavioral health services through a single managed care plan. Regions statewide are required to integrate no later than 2020. 2. Evidence supports integrated health care is better for patients. A strong body of evidence for integrated care has emerged over the past 20 years, particularly for depression but increasingly for other conditions, including anxiety disorders, PTSD and co -morbid medical conditions such as heart disease, diabetes and cancer. While mental health and primary care historically have been siloed, evolving payment models are spurring rnore integrated models of care. This wave of innovation is particularly important in safety net health systems, which serve a high proportion of uninsured and Medicaid patients — and where poverty, language barriers, and other social determinants of health may contribute to the complex physical and behavioral health needs of patients. 3. Regions that move to integrated care before 2020 can earn additional incentive funds. Senate Bill 6312 allows the county authority or authorities within a region to elect to move forward with integrated managed care on an earlier timeline, if desired. Under the Medicaid Demonstration, regions that implement integrated managed care before 2020 will be eligible for additional incentive payments through their Accountable Community of Health. These "mid -adopter" regions can earn these particular incentive dollars. The incentive would be in addition to funds ACHs and regional partners can receive for implementing a set of projects selected from the Demonstration Project Toolkit, pending legislative appropriation of these incentives. 4. By design, counties and BHOs play important roles in the transition so that local needs are addressed. The transition to integrated managed care starts by building from the strong foundation set by behavioral health organizations (BHOs), which have taken the first step in integrating behavioral health services (E2SSB 6312 directed the integration of mental health and chemical dependency purchasing as a first step to full integration by 2020). The MCO contracts require that the MCO coordinate with county -managed programs, criminal justice, long-term supports and services, tribal entities, etc. via an Allied System Coordination Plan, S. Two key steps will signal a region's eligibility for incentive payments. The incentives for integrated managed care will be distributed in two phases: 1. The county submits binding letter(s) of intent to the state Medicaid director no later than September 1, 2017. 2. Implementation of new integrated MCOs in the region begins on November 1, 2018, OR January 1, 2019. Regions are eligible for an incentive payment for completion of each phase, pending legislative appropriation of these incentives. KM 1. How can the Accountable Community of Health in my region earn the Demonstration incentives? Regions are eligible to earn the Demonstration incentives if they elect to move forward with integrated managed care on an earlier timeline than is required in Senate Bill 6312. The incentives will be provided, pending legislative appropriation, through ACHs in two installments based on the achievement of: 1. Submission of a binding letter of intent signed by the County Authority or authorities in the region to the Washington State Health Care Authority by September 1, 2017; 2. Implementation of integrated managed care effective November 1, 2018, or January 1, 2019. 2. Who has the authority to sign the binding letter of intent? In statute, the county authority is defined as "the board of county commissioners, county council, or county executive having authority to establish a community mental health prograrn, or two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program." (RCW 71.24.025). In a multi -county regional service area, the county authorities for all counties in the region must sign the binding letter of intent. The Health Care Authority will send a formal letter to all counties informing them of the date and process to submit a binding letter of intent. 3. Do the incentive dollars have to be used for the transformation projects that are selected by the ACH? No. These incentives are for partnering providers in regions that implement integrated managed care before January 1, 2020. They are complementary to but separate from funds for specific transformation projects. 4. If the incentives are not going to be used to fund the projects, what are they for? The incentive payments earned for integrated managed care milestones are intended to be used to assist providers and the region with the process of transitioning to integrated managed care. This could include using funds to assist with the uptake of new billing systems or technical assistance for behavioral health providers who are not accustomed to conducting traditional medical billing or working with managed care plan business processes. Additionally the incentive payments can further support and build upon the region's work to implement integrated clinical models. Before funds are disbursed to providers, they must be reflected in project plans. These plans are reviewed by an independent assessor, and ultimately approved by the Health Care Authority. S. Why would a region choose to implement in November 2018 versus January 2019? Are there additional incentives for choosing November 2018? 249 'rhe transition to integrated managed care requires significant focus, resources and dedication from the Health Care Authority, DSHS, providers, the transitioning BHO, and managed care plans. The HCA strongly recommends regions consider a November 2018 start date so that mid -adopter implementation can be staged. This will allow resources for each region to be more focused during the critical transition days. Incentive funds for November and January start dates are the same, pending legislative appropriation. 6. If the region does not want to move forward early, when will the region transition to integrated managed care? If the region does not move forward early, will there still be incentive dollars available? Senate Bill 6312 directs the state to fully integrate the purchasing of medical and behavioral health services through a managed care health system no later than January 1, 2020. An integrated managed care model will be in place in all regions by January 1, 2020. Only "mid -adapter" regions can receive the proposed incentive dollars tied to integrated managed care. 7. My region needs more information. Who do we contact? For questions about integrated managed care, please contact Isabel Jones: Isabel.Jones@hea.wa.gov or 360-725 0862. For questions about the Medicaid Demonstration funds, please contact Kali Klein: Kali.Klein hca.wa,gov_ or 360-725-1240. +Wig Washington State�s Health Care kfthority BINDINGOF INTENT Legislation requires that in order to move forward earlier, county authorities must make a request of HCA in order for DSHS and HCA to jointly purchase physical and behavioral health benefits for the region. Letters of Intent for becoming a mid -adopter can submitted as an attachment (Microsoft Word or Adobe PDF tile) and sent via email to MaryAnne Llndeblad, Washington State Medicaid Director, at MaryAiriie.L�incleblad �r1l7caw�L L ails should be received no Infer than 5:00 PM Paelfre Titre on Frldat�, Sel)tember 15, 2017. The Letter of Intent must be signed by the County authority. In multi -county Regional Service Areas (RSAs), letters must be signed by all county authorities within the RSA. These signatures represent the region's binding intent to pursue the mid -adopter pathway to fully -integrated managed care. Letters of Intent should include: 1. Regional Description Please identify the name of the RSA you are submitting a Letter of Intent for, including a list of all the Counties in the RSA, if the RSA is a multi -county RSA. 2. Intent to Pursue Becoming a Mid -Adopter Please include an affirmative statement indicating the intent of every County in the RSA to opt -in to the mid -adopter track to pursuing integrated managed care on January 1, 2019. Expected Capacity for Engagement Please indicate the Counties' expected capacity for engagement. For example, do County officials intend to participate in the Implementation Team? Do the County officials expect to have capacity to continue monthly meetings with HCA and DSHS during the implementation period between now and implementation? If necessary, do County officials have capacity to provide HCA with recommendations regarding the administration of non -Medicaid services in their region? 251 \ c C 07 _C: k \ 11 { z a E 0 / =u co �E E fA/ \ ai0 ek §/mR om 4J 94 0c k/ /$ � . . & . 2/ E QJ Ln ƒ> o jf / 3 Oaf / 2 3\?\ k k/0/ �/ m®: Qj 0 & R § 2 ° #4 "�/j \ d)f 252 A 4�a O c>a N U ° .o cTo bA LO a) j >+ C t C E o a c v H 3 o v �, c a-0 -p ca O X : +� +, N L a. � +-+ � N o 0 OU c v L L ca E ^ O L 41 E L .0 E 'L � a) `n O U O N � O vi N a) W C 4_ 4- n '� N �••� n7 to ++ +' "6 C 0 + a) s t U p E O E Ln 5 O 4- CL C T C L ca -0 o 4F + T O C 4L- O Q N (a (La a) = -O m � p OA to C Z •� Oq c t n3 CL Q) _I_- O f0 I ..0 N 4- C a) 0 4 Q T C aC) V) ZA C O a) Oi a3! N vLnLJ p v a) o .0 n0 N a) 'p O _O V a) 0 o m Q p °C= cOa =E p E v t 'cEv o a- :N E Uv c �° ' O i +- = Oz O + a) a) a) c U tw CO N= 4- m O �n Q E f— '- N o C v c ° a) O O c cn Qj N O 0 a) a E t 3 v a- z 'O E a) O — T C O O O C O 4- C v t ,bC_A `^ E *: O O 'O N a) p. 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L °��' c a+ v E c X O E E L W E > v a, s conM O woo E to C = to ° +' � to -O w ai C to C O E C � Y vl 7 LA i Q. W M ate+ C L in Q C1 'a 3 QJ +m+ fli u C'a C.l O. � O Q O C i 4 i m T 0 V) v 4A c v L U C: N c t O Q a O a) Q O 'a Q I. 254 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-261 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: PW Committee/ Originator: JPR 8129117 E C E n❑ 2 n SEP 0 5 2017 9112117 Introduction Division Head: JPR 8129117 9126117 Public Hearing/ Adoption Dept. Head: - 30 l7 Prosecutor: _LW:7� WHATCOM COUNTY �6 $�3��17 Purchasing/Budget: C O � N ^ I l� l� Executive: �/5 /]� 1� `.'� TITLE OF DO llt ENT: . Resolution in the matter of the Whatcom County Six -Year Transportation Improvement Program for the years 2018 through 2023 ATTACHMENTS. 1. Memo to County Executive and Council Attachment "A" — Removed and Added Projects Attachment "B" — 2018-2023 Capital Project Priority Order and Financial Distribution by Year Attachment "RI-R30, BI-B1 S, FI-FS, YI-Y8" — Project Summary Sheets Attachment "CI-0'"- Road Fund Balance, Revenue, Expenditure Attachment "D" — Roadway Priority Rating Program Attachment "E" — Annual Bridge Report 2. 2018-2023 Six Year Transportation Improvement Program Resolution Exhibit "A" — 2018-2023 Six -Year Transportation Improvement Program Exhibit "B"- 2018-2031 Fourteen -Year Ferry Capital Program SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? (X ) Yes ( ) NO SEPA review completed? ( ) Yes (X) NO Requested Date: 9126117 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Each year the County is required to update its Six -Year Transportation Improvement Program (STIP), per RCW 35.77.010 and RCW 36.81.121. The STIP includes the capital elements of the first six years of the Fourteen -Year Ferry Program. The STIP is intended as a planning tool for local, state and federally funded projects and is designed to identify projects for preliminary engineering, right-of-way purchase and/or construction. COMMITTEE ACTION. COUNCIL ACTION.• 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. L55 WHATCOM COUNTY �"` c� PUBLIC WORKS DEPARTMENT Jon Hutchings Director Memo To: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council Joseph P. Rutan, P. E. County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Phone: (360) 778-6210 Fax: (360) 778-6211 Through: Jon Hutchings, Director r From: Joseph P. Rutan, P.E., County Engineer/Assistant Director Rvtyn Date: August 29, 2017 Re: Six -Year Transportation Improvement Program, 2018-2023 PW Committee Work Session, Introduction, Public Hearing and Ado Requested Action: The Department of Public Works requests that a Council Public Works Committee work session be scheduled for September 12th, for discussion of the information attached to this memorandum regarding the 2018-2023 Six -Year Transportation Improvement Program (STIP). If approved by the Committee we request that the STIP Resolution and its associated exhibits, 2018-2023 Six -Year Transportation Improvement Program and 2018- 2031 Fourteen -Year Ferry Capital Program, be introduced at that evenings County Council meeting. We then request that a public hearing be advertised for and held at the September 26th County Council meeting, with the resolution potentially adopted at said meeting. Back�ro_und and Purpose: Each year the County is required to update its Six -Year Transportation Improvement Program, per RCW 35.77.010 and RCW 36.81.121. The County is also required to prepare a Fourteen -Year Ferry Capital Program each year per RCW 36.54.015 and an Annual Bridge Report per RCW 36.81.121. The STIP includes the capital elements of the first six years of the Fourteen -Year Ferry Capital Program which is Exhibit "B" of the resolution. Information: 1- Memorandum to County Executive and Council Attachment "A"— Removed and Added Projects Attachment "B" - 2018-2023 Capital Projects List Attachment "111-1130, 61-615, F1-F5, Y1-Y8" — Project Summary Sheets Attachment "Cl"- Road Fund Balance Projections Attachment "C2"- Road Fund Revenue Projections Attachment "C3"- Road Fund Expenditure Projections Attachment "D" - Roadway Priority Rating Program Attachment "E"—Annual Bridge Report Attachment "A" is a simplified form of Exhibit "A" to the STIP. This is being provided in order to facilitate the Public Works Committee work session. 2- 2018-2023 Six Year Transportation Improvement Program Resolution Exhibit "A"- 2018-2023 Six -Year Transportation Improvement Program Exhibit "B"- 2018-2031 Fourteen -Year Ferry Capital Program 256 a a 4-1 4A as N IL a N C c 3 v o p W W}, U O •� C- E +-J ate'., o a tea.>_a a, �0000 a)a'L �'u L� ,A a >' U N 'O 'a "a "a E N u �F_ ei= L ci -O _ 0 L fII C _ C , aJ a) aJ L - O L C CIA a-.+ 0 0 4-J aJ 4-J aJ 4-J aJ a-J w M N +., O 'c c CL 0- Q a. } � � � � � p �-+ = 3 0n L U U U U M ew °° > + O _ aA a� m cn cn c a co Lj N I- aJ cn ca :t U a. 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U a o g o w m o -, c v�o , U C( cr—: M C 0 0 m m r 0 1' 0 0 O� E � a c m a) o L w E C � Q j m m c Q y y °o a) 06 0) m U `m �� NY w O'0 Q o-0 z ca> >m a> 0 _j m o m o a E Co` O O m y m C o 0) 0) m o o.2 O C C �_ N Y C mV 0' O L C C O L a) 0) m m L N O m C m (p O m O Co O Co 0 a) N(M l0 .O .r-_0000—N(M a0 m m m CO m Im Im CO 00 m m m m m Im 259 Whatcom County Public Works Project Narrative Birch Bay Drive and Pedestrian Facility CRP #907001 Construction Funding Year(s): 2017 / 2018 / 2019 Project Narrative: This project is located parallel to Birch Bay Drive from Cedar Avenue to the mouth of Terrell Creek, in Sections 30 and 31, T40N, R1 E, and Sections 24 and 25, T40N, R1 W. This is a 1.58 mile separated berm with pathway to encourage pedestrian use along Birch Bay Drive to support safety and to protect the roadway from storm damage. In addition, the project will provide mitigation for both beach erosion and roadway protection. This project is listed #R1 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Phase I of the Feasibility Study was completed in 2006. Phase 2A (Preliminary Construction Cost Estimate) was completed in 2007, and updated in spring of 2013. Preliminary Enginnering began in late 2013, RW acquition began in 2016 (95% complete), permitting is 85% complete, and construction is planned for 2017 / 2018 / 2019. Additional funding sources will be pursued as they become available. Total Estimated Project Cost: $11,450,000 Expenditures to Date: $2,800,000 Funding Sources: Federal $3,170,000 (STP and TAP) State $0 Local $8,280,000 Environmental Permitting Whatcom County -Shorelines; WDFW-HPA, Army Corps of Engineers, DOE; Sec 404 Clean Water Act Right -of -Way Acquisition (Estimate) $1,500,000 County Forces (Estimate) N/A Rd. Binch,Pt.,Rd_ Anderson Rd.„ r2; Cottonwood Beach � BIRCH BAY m Birch Bay. • Lynden Rd, Sir w 3 BIRCH BAY l Arnie R � Aldarsan Rd- Tana Rd. E T 40 N N Say Rd. N T 39 N BIRCH BAY Nrs STATE PARK �. Terro � 1 Nhitehorn r 6 - I - Arnie Rd. C Rd. IQ Whatcom County Public Works Project Narrative Lake Whatcom Boulevard, Phase II Water Quality Improvements CRP # 915009 Construction Funding Year(s): 2023 Project Narrative: This project is located approximately 1 mile east of Bellingham, in Sections 35 and 36, T38N, R3E. The work will involve drainage improvements and pedestrian improvements to a 1.3 mile section of Lk Whatcom Blvd between Cable Street and Strawberry Point, addressing stormwater quality issues. This project is listed #1112 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Survey work with associated base map and RNV research began in 2015. Preliminary design will be initiated to evaluate RNV needs, permit requirements and overall project costs. Construction time frame will be contingent on addressing funding needs along with resolution of permitting and RNV issues. Total Estimated Project Cost: $ TBD Expenditures to Date: $ 55,000 Funding Sources: Federal $0 State $0 Local $100,000 (Grant funding will be sought) Environmental Permitting SEPA, CLR/CAO, Shorelines $50,000 Right -of -Way Acquisition (Estimate) County Forces (Estimate) $10,000 Academy Rd. m 1 J .m Olsen C' Donald Av. �a m N. shore Agate Bay n a ❑ D, 3 G3=NEVA,-r R2 �, s �Q a Fremont St.'� NTS j rf . �......,.-,� .I �Oarse sUNN SIDE SUDDEN m GALBRAITH MTN VALLEY x q f Reveille Is. 261 Whatcom County Public Works Project Narrative Horton Road Northwest Drive to Aldrich Road CRP # 916002 Construction Funding Year(s): TBD f Project Narrative: This new roadway project is located between Northwest Drive and Aldrich Road in Section 2 of T38N, R2E. The work involves a'/z mile of new roadway alignment and intersection with N.W. Drive, along with all the associated permitting, storm water and R/W issues. This project is listed #R3 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Design, right-of-way, and permitting to begin in 2017 with Surface Transportation Program (STP) Grant awarded to Whatcom County and transferred to the City of Bellingham. An interlocal agreement is in place for the City of Bellingham to perform design of the project in coordination with their section of Horton Road construction. Construction schedule dependent upon funding agreements with City of Bellingham and other sources. Total Estimated Project Cost: TBD Expenditures to Date: $5,000 *$1,000,000 STBG Grant transferred to COB for design of county portion. Funding Sources: Federal State Local $0 ($1,000,000)* $157,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A f 5Ta_te r R c R3 3ellingharn Int'I Airport ,- 0 McLsbd-- Rd' I 2 der o Food Ave Rd Kelly Rd. a ine rya. CT oD C C [t} N I KING MTN. 1 � F r r�Ts E. B Aeiv- W. U' ID q�jr 262 Whatcom County Public Works Project Narrative Slater Road and Northwest Drive CRP # 914001 Construction Funding Years : TBD Project Narrative: The intersection of Slater and Northwest Roads is in Section 2 of T38N, R2E. The intersection will be reconstructed to a 4-leg round -a -bout. Fish passage improvements will also be constructed on Bear Creek which passes underneath Slater Road at this location. This project is listed #R4 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: $21,000,000 in state funding available for this project and project #R5, Slater Road/15 Interchange, in 7/2019. Design and permitting expected to take 3-4 years with construction in 2022 or 2023. Funding Sources: Total Estimated Project Cost: $21,000,000* Federal *Includes Project #5 Expenditures to Date: $0 State Local $0 $21,000,000* $50,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A ti C Larson Rd. Larson Rd. CO Z U Sunset Ave. Lange Rd. Slater Rd. p-- _ _— — -, ___ --- — - K Rayhorst Slater Rd. 5e —' t �WT Shan,,R4 a n . N �� ITSan Rd. o �w Marietta Av. o Cam . a Lost Lk. m _ �� Q} �d �J03 �. -.._ m Skagitaf �f � i C Bellingham Int9 k®Ao9g Rd. Airport Country Ln. W. Bakerview Rd. a2 Bay°n Rd. � Mlis Fair MAI 263 Whatcom County Public Works Project Narrative Slater Road 1-5 Interchange CRP # 916003 Construction Funding Year(s): TBD Project Narrative: This project is located north of Bellingham in Section 3, T38N, R2E' This project will improve the interchange/intersection of Interstate 5 and Slater Road. This includes the intersection of Slater Road with Rural Road and Pacific Highway. This project is listed #R5 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: $21,000,000 available for this project and project #R4, Slater Road /Northwest, in 7/2019. Design and permitting expected to take 3-4 years with construction in 2022 or 2023. Total Estimated Project Cost: $21,000,000* *Includes Project #4 Expenditures to Date: $ 0 Funding Sources: Federal $0 State $21,000,000* Local $50,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Tennant : C -- �Lk,' W. Sm:th Rd. y Cb� m J La'rson Rd. > Lark M `�'f. SunsetAve. Lange Rd. �N PITS 51ater Rd. T3 d Ravhorst' oZ. Rd — —. . Sh v R5 a ► `, Z rn �� Cr taQ' Maaetta Av. Q I �• "�� .Q ! Lost Lk. s— Q • n U3 2� LU' Skagit Bellingham 2 N Int°l kellog9 Airport •.. Country Ln. W. Bakerview nc, Bayo -J 110�' ia 264 Whatcom County Public Works Project Narrative Slater Road Northwest Drive to Aldrich CRP # 914012 Construction Funding Year(s): TBD Project Narrative: This new roadway project is located in Sections 1 and 2 of T38N, R2E. The work involves the construction of a new roadway between Northwest Drive and Aldrich Drive as well as construction of a round -a -bout at the new intersection of Northwest Drive and Aldrich Road. This project is listed #R6 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Design, permitting, right-of-way and construction dependent upon funding agreements with the City of Bellingham and other sources. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $0 State $0 Local $50,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Ter�na it _ W. S'mith Rdr I -1E. Smith Rd. I Larson Rd. -Z F Sunset Ave- Lange Rd. Larson Rd:L Slaie� Rd '• itellyj Rd�i. M ` y,rIV I Ravho rst c — ge —Rd, R6 r� 5h �� ,� a 1 0- [• �. ion Rd U� - Ma eMi A Lost Lk. N M fz �p Q' �pU NTs _..�...—• Skagit d KIN Bellingham 2 Int'I Airport �. �►{ gl6 g Rd' y r - Country Ln. f ayan� W.�$akerview Rd. E., Bakerview Rd B �c�. "� � r, r f�'F��R�►IIiR 265 Whatcom County Public Works Project Narrative Smith Road & Northwest Drive CRP # Not Assigned Construction Funding Years : TBD Project Narrative: This project is located in Section 27 & 34 of T39N, R2E. The work involves intersection improvements that will likely be a roundabout or traffic signal at the current 4-way stop. This project will also require drainage upgrades and R/W acquisition, and is dependent on the NW Annex building being demolished at a future date. This project is listed #R7 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: The project is currently being sco ed. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $ 0 State $ 0 Local $5,000 (Grant funds to be sought) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD M�1 Whatcom County Public Works Project Narrative Roadway Frost Depth Detectors CRP # 913014 Construction Funding Year(s): 2019 Project Narrative: This item provides funding to address replacement of the County's aging network of roadway frost depth detectors. These detectors are critical for implementing appropriate roadway restrictions to prevent structural damage following periods of deep frost. It is listed #R8 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Design began in 2017. Construction scheduled for 2018. Funding Sources: Total Estimated Project Cost: $350,000 Federal $ Expenditures to Date: $30,000 State $ Local $320,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this item, no map exists. Location of the new roadway frost depth detectors will be determined in 2018. 267 Whatcom County Public Project Narrative Bennett Drive, Marine Dr. to West Bakerview Rd. CRP # 916005 Construction Funding Year(s): 2018 Project Narrative: This road project is located in Sections 14 & 23, T38N, R2E. This project will consist of resurtacing Bennett Drive from Marine Drive to West Bakerview Road. Additionally, all curb ramps will be upgraded to current ADA (Americans with Disabilities Act) standards, signalized crosswalks will be evaluated at safe routes to school, and the roadway will be re-channelized to create bike lanes in both directions. This project is listed as #R9 on the 2018-2023 Six - Year Transportation Improvement Program. Project Status: Design began in 2016 and will continue along with R/W through 2017. Outreach and coordination with City of Bellingham and Bicycle Pedestrian Advisory Committee in 2016 and Community Meeting in 2017. Construction is anticipated for 2018. Funding Sources: Total Estimated Project Cost: $1,460,000 Federal Expenditures to Date: $60,000 State Local $1,400,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A �Bellingham r;l RSS: f � Airport _ r k�l99 a•' -- �m� -I Country Ln- 1 p� = W.=i3akerview Rd. E. Bakervi !' ` one o � - ! McLe .s s R9 �'e �oOcip� — Squalfcum CSILN � f J I vA.$ BED 5 HIII 'r'! sly gtah8ma St. ? E r: cc),� Iowa-5t, r Squalicum Harbor W Whatcom County Public Works Project Narrative Marine Drive Locust Avenue to Alderwood Avenue Reconstruction and Bike/Ped Facilities CRP # 917001 Construction Funding Year(s): 2021 Project Narrative: This Marine Drive project is located between McAlpine Road and Alderwood Avenue in Section 15 of T38N, R2E. The work involves reconstruction of approximately'/2 mile of roadway with emphasis on bike/pedestrian and stormwater quality enhancements. This project is listed #R10 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Survey completed and design initiated in 2017. Total Estimated Project Cost: $3,025,000 Expenditures to Date: $35,000 Funding Sources: Federal $1,509,000 (STBG) Available in 2021 State $0 Local $1,516,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 0t fl ` Skagit A U�' Uy� m � c Bellingham a rnt'i �?ke11499 3: Airport x� Country Ln. W.-.Bakerview RRd d. 5 I Rayon-, �� ap {tea �r = F:O r � w .-�Q0 _ Mc�teodMail , Ib f�QQ per I Rd:. �, 2 oo Ave. \ rJ eig NooksaO* R1O =.Y ` , r ,6 r XP 5 Errs - •- . 269 Whatcom County Public Works Project Narrative Lummi View Drive Bank Stabilization CRP # 908001 Construction Funding Years : TBD Project Narrative: This project is located in Section 2,T37N, R1 E. This project will consist of repair and stabilization of a ocean bluff failure that threatens a section of Lummi View Drive. This project is listed #R11 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Survey and preliminary cost scoping to be performed in 2018- Funding Sources: Total Estimated Project Cost: $ TBD Federal Expenditures to Date: $2,500 State Local $0 $30,000 Environmental Permitting SEPA, CLR/CAO Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Pt. Migley �{ L_ummi Pt. i+ V 1 38 N T37N -Centerview R m �o g e r dNY. :sae B a Y Rd. C� Lego Bay f 1. 5 Go�setierry' - Pt . ' �. 4. R11 y�c Z f Sunrise Rd. LUMMI NATION ""o Ln Smokehouse Rd. I 0 iLlY S The Portage 4 v PORTAGE ISLAND 270 Whatcom County Public Works Project Narrative North Shore Road Bellingham City Limits to Y Road CRP # 902007 Construction Funding Years : TBD Project Narrative: This project is located in Sections 25 and 26, T38N, R3E. The work will involve improvements to a 2.87 mile section of the North Shore Road from the Bellingham City Limits to'Y' Road, including: various improvements to address horizontal and vertical alignment deficiencies; spot safety upgrades, and stormwater quality treatment. This project is listed #R12 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Preliminary design and construction time frames will be contingent on resolution of funding needs, along with permitting and RNV issues associated with the final selected sites. Funding Sources: Total Estimated Project Cost: TBD Federal Expenditures to Date: $ 0 State Local $0 $0 $10,000 (Grant funding will be sought) J Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A OL SIL . j Academy Rd. �' �- BEAC Fi 1 _ t�p� U p N 1 �AT. Olsen Donald Av.�' tiR12 _ '_ M Agate Bay N .• y _ NTS Tl "r t� GENEVA ' N i 1 p i C .-------� �o uise 0*2 r. 01 6f 271 Whatcom County Public Works Project Narrative Lummi Nation Transportation Projects CRP #912017 Construction Funding Year(s): 2018 Project Narrative: The Lummi Nation Transportation Projects is located in Section 2, T37N, R1 E and Section 34, T38N, R1 E. This work, in fulfillment of the ferry lease obligation, involves the construction of transportation improvement projects in accordance with Exhibit C of the October 27, 2011 Uplands Lease Agreement for Lummi Island Ferry Use at Gooseberry Point. This project is listed #R13 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Projects funds will be available for expenditure when funds of equal or greater value are matched by the Lummi Nation, Total Estimated Project Cost: Expenditures to Date: $4,000,000 $2,000,000 Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) N/A N/A N/A Funding Sources: Federal $0 State $0 Local $2,000,000 Due to the nature of this item, no map exists. Location of the new transportation projects will be determined in 2017, 272 Whatcom County Public Works Project Narrative Point Roberts Transportation Improvements CRP # 910002 Construction Funding Year(s): 2018 Project Narrative: Point Roberts is located in T40N and T41N, R3W. The proposed improvements would be specific to area needs and the development of projects to be funded by the Pt. Roberts Transportation Benefit District. This project is listed #R14 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Public Works has assigned staff working with the Point Roberts Transportation Benefit District Advisory Committee to coordinate project evaluation, selection, and development. Funding Sources; Total Estimated Project Cost: $150,000 Federal $0 Expenditures to Date: $0 State $0 Local $150,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Point Roberts R3W Roosevelt RZRd., T41 T40 e;)xZR Gulf� r CANADA _ 5USR_;t V _CL �M arin a, U.S. Lighthouse Reserve 1 Maple Beach :2 m L L I I Lily Pt. 273 Whatcom County Public 'roject Narrative Slater Road/Haxton Way CRP # 917002 Construction Funding Yea s : TBD Project Narrative: This project is located on Slater Road in Section 36, T39N, R1 E. The project is to improve the intersection, thru location of a dedicated left hand turn signal, pavement, drainage, signing, and striping improvements. This project is listed #R15 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: The County has selecting a traffic design consultant for the design of a protected left hand turn for both legs of Slater Road. Additional preliminary engineering for pavement design is anticipated for 2018. Funding Sources: Total Estimated Project Cost: $ TBD Federal Expenditures to Date: $ 5,000 State Local �—$70,000 Environmental Permitting HPA, SEPA, Sec 404, NEPA Right -of -Way Acquisition (Estimate) $ TBD County Forces (Estimate) TBD IILLIPS 'I Walltlne Rd. 35 Walltine Rd. Slater Rd. UNDARY N NTS 3 2 forts` wed River Rd. • T E of- Ulrick Rd. TOnt a i` c - 0 p . Lanipman Rd. m .J Slater Rd- LO kd- 6orst G gl 0 5 C� r S cl44 Z f 7 } .0 . m 0 sr am Q >f{ Op ¢� a UJ{ �0 274 Whatcom County Public Works Proiect Narrative East Smith Road Everson -Goshen Road to SR 542 CRP # 916006 Construction Funding Year(s): 2021 Project Narrative: This East Smith Road project is located between Everson -Goshen Road and State Route 542 in Section 25 of T39N, R3E and Sections 28, 29, 30 T39N, R4E. The work will involve the pavement rehabilitation of approximately 3.25 miles of roadway. This project is listed #R16 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Design, permitting and construction to be completed in 2021. Design and Construction is anticipated for 2021 Funding Sources: Total Estimated Project Cost: $1,450,000 Federal Expenditures to Date: $1,600 State $1,000,000 (RATA) ~ Local $450,000 Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A / m — Nyx - o f v•• s m u�i AD. . CEDARvILLE\... N .{.� a •# Bern Wy ': I 1 EI. Sm L ith Rd. a I C N O a r j Eberly .Rd, - .' o` #� HarJal "0 mony Rd.� o h Z r i 4- - Kelly Rd r' + NTS sAV A, 1 '+.` Lee wy. • AN�WYCIC Mt- Squaiicum Cr. 8qu=a�licum Lk� 275 Whatcom County Public Works Project Narrative East Smith Road & Hannegan Road CRP # 914002 Construction Funding Year(s): TBD Project Narrative: The intersection of East Smith and Hannegan Roads is located in Sections 28, 29, 32 and 33, T39N, R3E.This project is listed #R17 on the 2018-2023 Six -Year Transportation Improvement Program. This intersection currently experiences delays due to the lack of left -turn channelization on Smith Road. The first phase of this project is to analyze a range of solutions as well as their associated benefits, limitations, and costs. Project Status: Traffic counts and warrants completed with an associated 'Alternatives Analysis' in 2014. Traffic study to begin fall of 2017 to determine intersection design feasibility. Funding Sources: Total Estimated Project Cost: $ TBD Federal $1,000,000 STBG available in 2021 Expenditures to Date: $14,000 State $ Local $150,000 (in 2018) Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A E.1Axt_an Rd.- M iJX C �+T� EJG _.u pee � 2 w Bellinger Rd. oaC ' o m R17 - x' w' T' E. Smith Rd. 1 MO a a M ;on Rd.- f o N ,*.._ o Harmony Rd. Kelly Rd. i' z NTS .Q Huntley Rd. ` Kline Rd. • t r- i Rd. ` Van W,yck Rd.y.`+* VAN WYCK Il� 276 Whatcom County Public Works Project Narrative _ Guardrail Safety Program CRP # Not Assigned Construction Funding Year(s): 2018 Project Narrative: This item provides funding to install guardrail as safety measures throughout the County at locations fitting criteria detailed in the grant application. These improvements will decrease run off the road and struck fixed object type of accidents. It is listed #R18 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Grant applied for in spring 2017. Funding availability will be known fall 2017. If funds available construction scheduled for 2018. F— Funding Sources: Total Estimated Project Cost: $910,000 Federal $910,000 Expenditures to Date: $0 State $ Local $ TBD Environmental Permitting Shorelines Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this item, no map exists. Location of the new guardrails will be determined in 2018. 277 Whatcom County Public Works Project Narrative Birch Bay Drive — Jackson Rd. to Shintaffer Rd. CRP Mot Assigned Construction Funding Years): 2020 Project Narrative: This project is located in Sections 24, 30, and 31 of T40N, R1 E. The work involves pavement rehabilitation of approximately 2.5 miles of roadway through a grind/repave operation. This project is listed #R19 on the 2018-2023 Six - Year Transportation Improvement Program. Project Status: Project design and construction will closely follow the Birch Bay Drive & Pedestrian Facility project to rehabilitate Birch Bay Drive after the soft shore berm construction activities. Additional funding sources will be pursued as they become available. Total Estimated Project Cost: Expenditures to Date: $1,170,000 $ 0 Funding Sources: $ 0 Federal State $ 0 Local $1,170,000 Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) $0 County Forces (Estimate) TBD I 7 lhitehom 13 -R a cottonwood Beal Cr '1 •�C��I@ Fleet Rd. ~ aT Anderson Rd za m -- Nicole Ln Beh N Trail Rd Loa is Trail Rd. �oon Birch Dr. den Rd R19 J` 3 3 a `? K Creasy Arnie Rd ' - ---�—�` j rll:l• r?d- BIRCH BAY Arnie tad. Alberson Rd. N Tap NTS E - 3 'r!�r' m m = T 40 N n y� i- T zo N Bay Rd. Say Rd B.iv Rd. �7 131NS:H BAY SrAri F'ARK tl^ G ndvlaw Rd. d v A y n n t� v 5 D = a ^ Kluken Rd. State Hwy 548 Grandview Rd SR 5r16 -01 Whatcom County Public Works Project Narrative Turkington Road/Jones Creek CRP # 915013 Construction Funding Year(s): TBD Project Narrative: This project is located in Sections 7, T37N, RSE. This work involves completing design of road and bridge modifications in this area in coordination with a debris flow berm project being developed by the River and Flood Division. The project is listed #R20 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: ` Alternate analysis work is underway by the River & Flood Division. Funding Sources: Total Estimated Project Cost: $ TBD Federal $0 Expenditures to Date: $0 State $0 Local $500,000 Environmental Permitting BA, HPA, SEPA, Corps of Engrs, CLR/CAO, Shorelines, DNR Right -of -Way Acquisition (Estimate) $50,000 County Forces (Estimate) N/A N 5 NTS d 41 f McCarty Cr ' _ f S ACME Or I r' - p. Sones Cr r _.-. .Angauito Lk.�� Rza J QDTH .� C 1 '0 C/ 279 Whatcom County Public Works Project Narrative Lincoln Road II Harborview Road to SR 548(Blaine Road) Reconstruction and New Alignment CRP # 908011 Construction Funding Year(s): TBD Project Narrative: This Lincoln Road project, from Harborview Road to SR 548 (Blaine Rd), is located in Sections 18 and 19 of T40N, R1 E. The work involves improvements to a 1 mile section that includes road reconstruction, new roadway alignment, safety j upgrades, and storm water quality and quantity treatment. This project is listed #R21 on the 2018-2023 Six -Year Transportation Improvement Prograrn- Project Status: Design, permitting, R/W and construction time frames would be contingent on availability of addition grant monies to fund the project, as well as resolution of some key acquisition, WSDOT access and wetland mitigation issues. Total Estimated Project Cost: $ TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A �a- ❑�dy�arJR21 ncoln Rd�� 01 M rIT& M Anderson Rd. _ h Cottanwaad Bea t�4� Hoyt .S co a. Fleet Rd. BIRCH :BAY 73 a) W c m NT5 Birch Bay - L, Whatcom County Public Works Project Narrative Marine Drive II Alderwood Avenue to Bridge No. 172 Reconstruction and Bike/Ped Facilities CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This Marine Drive project is located between Alderwood Avenue and Bridge No. 172 in Sections 15 of T38N, R2E. The work involves reconstruction of approximately'/z mile of roadway with emphasis on bike/pedestrian enhancements. This project is listed #R22 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Design, permitting, R/W and construction time frames would be contingent on availability of addition grant monies to fund the project. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $0 State $0 Local $5,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A z m - AAarietla Av: � c`s C� Var Q CT�� P Lost Lk. �nr �• a21 Rd W O+ �� dy Stuart Ld I:� `Fy, t3anney L Skagit ;y L) V o Bellingham Int'I iz �kella99 Rd. rTj Airport _•�.__� iL Country Ln. W1Bakerview Rd. E &� �Srp R22 Sayan40 Rd. Brtliis Mali P MCLeod AldenyoOd to Rd. Z +a Ave. O� 0 °�U' Squalici ``e` - ' NooksackOe\ta 23 m � 44 IM 6 � •24 1?y� 9� rh i7 N c 3. �t- Dt r.' X Squalicum Harbor K-04 Whatcom County Public Project Narrative Hemmi Road Flood Mitigation CRP # 916007 Construction Funding Years : TBD - -J Project Narrative: This Hemmi Road Flood Mitigation project is located on Hemmi Road approximately a half mile east of Hannegan Road, located in Section 16 and 21 of T39N, R3E. Hemmi Road is submerged several months of the year at this location. This project is listed #R23 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Preliminary engineering and alternatives analysis work began in 2016 and is expected to be completed in early 2017. Funding Sources: Total Estimated Project Cost: TBD Federal Expenditures to Date: $70,000 State Local $250,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD -- — — Wiser Lk. E Ssrtlett'Rd. --- -- T -- �r Rd- — — — Fountain Lk. v E. Patel Rd. SR 544 — --- -- a d Idlet. —�•� !'EVE I �•4----� SON+ L -- ._._. a Rd. cnr�n Beard A Gre7 I' t H ile G' `. Central Rd ilVA 1 Ge Ten Mile Rd. N U t Rd eq R23 E. Hemmi Rd. Fazon Lk. _ Mar n-fid_ .Hemmi LAUREL E. Latre Rd, N G06HEN Goshen i3d. 11 qG rn� + E.IAxtan Rd. jo . m g NTS G� r 5. w �... L3eHinger Rd.03 ,_�I i c yO Q a-O Whatcom County Public Works Project Narrative Construction Funding Year(s): Innis Creek Road CRP # 915014 Project Narrative: This project is located northeast of Wickersham in Section 29, T37N, R5E. The work involves raising a quarter mile section of Innis Creek Road to mitigate flooding issues. This project is listed #11124 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting work is underway with alternatives and associated costs to be developed in 2018, Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $ 40,000 State $0 Local $10,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD U LL HTs � m Rd, AlI7ers �r �hatco►o'�ay , �� l 4, Mirror Lk. I ' r I WICKERSHAM Wickersham Rd. J I i R24 LYMAN HILL 1 WHATCOM COUNTY a3c] Whatcom County Public Works Project Narrative Larrabee Road Flood Prevention CRP # 914003 Construction Funding Year(s): TBD Project Narrative: This project is located near the Bellingham city limits in Section 11, T38N, R2E. This is a project to provide fish passage, restore habitat, and reduce chronic flooding along a tributary to Bear Creek. This project is listed #R25 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Project site is monitored routinely. Project scoping and design scheduled to begin in 2017 pending results of the ongoing monitoring program. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 L Funding Sources: Federal $ State $ Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD -- Cr o d�- C it y Larrson Rd. Larson Rd?L �11- f 2 t Sunset Ave. Lange Rd. r' 7r -'c4' ' —•- -- — __ 11 Kelly'Rd� _ STater Rrd. -1 LmEwdSew —1 i n— 0— _.� '0 A-n Rd 'V, Est Lk, N Q !�a KING MTN. a NTS -- R25 Bellingham-Rd:�T� --� �--•—� =- Intl keIC�99 Ai rp ort- Coun. Ln. W.rBakervlew Rd. -) E.' Bakerview Rd a-6V Whatcom County Public Project- Narrative Lakeway Drive Corridor Preliminary Engineering Study CRP # Not Assianed Construction Funding Year(s): 2019 Project Narrative: This project is located in Section 34, T38N, R3E. This project proposes to rechannelize 1.4 miles of Lakeway Drive to coordinate with the proposed rechannel ization of Lakeway Drive with the city limits. This project is listed #R26 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Corridor Study performed in 2015. Preliminary Engineering and Construction to occur in 2019. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A ❑oliald Av.IS U I� fu rr, N. Shore Agate Bay as I GENEVA �y R26 Sh Fremont St. N � Hrs �ooise ;f C1 i 285 Whatcom County Public Airport Drive Subsurface Repair' CRP # 917003 Construction Funding Year(s): 2017/2018 Project Narrative: This project is located in Section 14, T38N, R2E. This project proposes to repair a subsurface issue on Airport Drive just west of Canterbury Lane. This project is listed #R27 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Subsurface stabilization to occur late summer or early fall of 2017. The asphalt overlay and sidewalk reconstruction will be completed in spring of 2018. Total Estimated Project Cost: $311,000 Expenditures to Date: $11,000 Funding Sources: Federal State Local $300,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A �1 r e ngit , hr 1 y �■ .. rig lire I♦;>I ' lip 11� : ■Illri+�siarr■ l �E�I■l l��ll■ {Ill■rs■�■1 Vallor �� I allies fill fj�.'i40rlllKing +�i'lltll l ' IIIIIIIl1; + " n■ Ilion■■ ■full■ olio■ ago IH ft on. INK • Whatcom County Public Project Narrative Construction Funding Year(s): Ferndale Road/Levee Improvements CRP # Not Assigned 2023 - 2024 Project Narrative: This project is located in Sections 30 and 31, T39N, R2E. This project includes reconstruction of 1.2 miles of levee with the Ferndale Levee and Ferndale Treatment Plant Levee segments. The new levee will be set back slightly to Ferndale Road with the roadway serving as the crest of the levee. This project is listed #R28 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Due to the high cost, outside funding will be sought. The WCFCZD will pursue funding through the Floodplains by Design grant program administered by the DOE. Total Estimated Project Cost: $7,000,000 Expenditures to Date: $0 Funding Sources: Federal $ State $ Local $75,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) $ 287 Whatcom County Public Piro eat Narrative Abbott Road/Levee Improvements CRP # Not Assigned Construction Funding Year(s): 2024 Project Narrative: This project is located in Section 27, T40N, R3E. This project proposes to extend the upstream end of the Abbott Levee and realigned it to run under Abbott Road. This project is listed #R29 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: The funding sources will likely include the County Road fund, the WCFCZD and the LE Subzone. Total Estimated Project Cost: $800,000 Expenditures to Date: $0 Funding Sources: Federal $ State $ Local $25,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) $ r>` r- a g� �-{Main St• 9AD C Un05ay Rd. Ly, I I+I =. KaSP v �' 9h T 1 I - H2n1Pt6r1 Rd. L_ - �ta�� m •'tea Kpk Rd, 'ti ice" rn Timon Rd. Tom Rd- ..� nlindU—r Rd LiCknev a Abbot Rd. r O sq z m NOOKS iC CK RIVE,Q n F s--�.� R29 is. Rd. ---7 - i N NTS 5 „u L7itch f I Nolte Rd. f g _ � m Van Dyk i_- - r m Rd. Rd. .y tom �i� ICE61 r� o Van Dyk Rd. Wiser Lk. Fountain Lk. i E17ERSON+ ._..F._..I Bttlett f{ �E I tl� Whatcom County Public Works Project Narrative Northwest Drive, City of Bellingham to Axton Road Structural Overlay CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: Northwest Drive, City of Bellingham to Axton Road is in Sections 2, 11, 26, & 35 of T38N & T39N, R2E. This project is listed #R30 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Reviewed project scope with M&O Division, and decided to perform structural overlay (as opposed to "Chip Seal") due to following factors: road is urban arterial; project limits within UGA; current bike route; high ADT; and anticipated growth along corridor. Funding Sources: Total Estimated Project Cost: $1,500,000 Federal $0 Expenditures to Date: $0 State $ Local $1,500,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A L F� C c rti LAUREL Paradise Rd. - W- Laurel, Rd. I fit if E- Laurel Rd. nr P �� Bane A yy• Axton Rd. C' E.iAxton Rd. a� e LU 0 ^ib Bellinger Rd- nnaitF'" • C m r 4V. S}mirh Rld? E. Smith Rd. 2 L' 5 tea- q c a Larson Rd. El Larson Rd+ �y r Z� SVRSilI Ong d. �I r_ E - Kely d R30 a Staler FZd. l•� h a '� K16Si7i Rd- ro— N tt �^ NTS { � t Qn R0. •Qs PMirrietW Av- .1 a Van W.yl Al. Lost Lk —„— ,r a ��• KIN?M7N. Sk*-9 Rd _ fl� l i $ubalntioi Bellingham Int'I 'R pits d. `n � Airport i ounlry Ln. W;Bakorvirrw Rd. E Bakdrview Rd a BAyp�rlLl� 9 �RAi[� �.�v Rpnla 37.r Whatcom County Public Project Narrative Slater Road/Jordan Creek Bridge CRP # 915007 Construction Funding Year(s): 2017 'roject Narrative: This project is located on Slater Road in Section 34, T39N, R1 E. This project will replace an existing eteriorated, fish impassable arch culvert conveying Jordan Creek beneath Slater Road with a new bridge. The project is sted #131 on the 2018-2023 Six Year Transportation Improvement Program. 'roject Status: Design work and permitting complete. Construction started May 2017 and is expected to be complete in ate 2017. Project closeout will continue into 2018. Total Estimated Project Cost: $3,830,000 Expenditures to Date: $3,580,000 Funding Sources: Federal State Local $3,830,000 Environmental Permitting HPA, SEPA, Sec 404, NEPA Right -of -Way Acquisition (Estimate) County Forces (Estimate) 28 ` Douglas R�d`� 25 a •- 30 ., b M t. 0 Q Unick Rd. m Ulrick Rd. > Pfi Pon c k CflIVQCo PHILLIPS a a �d - o� ■ Lampman Rd. E 32G 33 36 Walltine Rd. " r I 4 T 39 N P Wailhnp Rd. Slater Rd. --.,...--��..�.........................tttt�� SIB T 38 N RESERVATION BOUNDARY 61 c N a Lug a R Neptune Beach" :- z I ; Hrs 6 Z. aith REd Rivet Rd. South �q��erR m �.. Z D <1g 40-101 Whatcom County Public Works Project Narrative Marine Drive / Little Squalicum Creek - Bridge No. 1 Rehabilitation CRP #910017 Construction Funding Year(s): TBD Project Narrative: This project is located near the Bellingham city limits in Section 8, T38N, R2E. This is a rehabilitation project to replace the bridge deck, strengthen the girders and cross beams, and remove the structurally deficient designation and existing load restrictions on the bridge. The project is listed #132 on the 2018-2023 Six Year Transportation Improvement Program - Project Status: The project was submitted for BRAC funding in Ms Total Estimated Project Cost: TBD Expenditures to Date: $0 r 2012. Construction oendina acauisition of BRAC funds. Funding Sources: Federal $0 State $0 Local $20,000 Environmental Permitting HPA, NEPA Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 3:: 1 F Country Ln. N NTS •I W. Baklrervie}}wRd _. 21 r�C�!H) � Ek—oMIs '-F- � Kam: ad Ave. C � { �'] _ a B2 � N — X-E 1 ,_Squa icum r. -}yAwLM11la 13 to `_ Q1 f i E Iowa- St NN c7tc on, Squalicum Harbor gELLINGHAM t La kew aYJ' Dr; �..�: �L.i i:alf�ly I 291 Whatcom County Public Works Project Narrative Jackson Road / Terrell Creek - Bridge No. 81 Replacement CRP # 917004 Construction Funding Year(s): TBD Project Narrative: This project is located near Birch Bay in Section 31, T40N, R1 W. This is a project to replace the existing 62-foot structurally deficient bridge. This project is listed #1133 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2018 with construction time frames to be contingent upon availability of grant funds. BRAC funds for this project applied for in April 2017. Expect to know results of BRAC funding in fall of 2017. Funding Sources: Total Estimated Project Cost: $ TBD Federal $TBD Expenditures to Date: $ 0 State $TBD Local $220,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD BIRCH BAY ( 3 Cre a i Arnie Rd. Arnie Rd. N Alderson Rd. Tarte Rd. NTS 63 ego 07 ee[7 �i+Vy � � z 40 N z 39 N - - - Bay Rd. Y Bay Rd. BIRCH 8AY m m STATE PARK Terri 07 Klul f Rd mGrandview 292 Whatcom County Public Works Project Narrative Mosquito Lake Road / Porter Creek - Bridge No. 141 Replacement CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located south of Welcome in Section 11, T38N, R5E. This is a project to replace the existing 31-foot bridge in order to mitigate ongoing scour and debris issues. This project also affords an opportunity to address geometric issues that arose from the emergency realignment of Mosquito Lake Road in 2004. This project is listed #1134 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2020. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $ 0 State $0 Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD VAN ZANDT 64 I P;J, U I N m z tli5 Reislr VAN ZANDT DIKE s Cr Mosquito Lk. qa Sellinattan; Wafer M'Odle Fork Noo Diversion/ QSack River i Jorgensen Lk- Sirand Rd - I 293 Whatcom County Public Works Project Narrative N. Lake Samish Road Bridge No. 107 Replacement Study CRP # 913006 Construction Funding Year(s): TBD Project Narrative: This project is located on Lake Samish in Section 27, T37N, R3E. This project will replace the existing 250-foot timber bridge which is structurally deficient. This project is listed #11135 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Type, Size and Location (TS&L) completed in 2017. BRAC funds for this replacement project applied for in April 2017 will learn results of this funding application in the fall of 2017. Detailed design work on preferred alternative to begin in early 2018. Funding Sources: Total Estimated Project Cost: TBD Federal $7,813,160 (BRAC) Applied for in 2017 Expenditures to Date: $250,000 State $0 Local $750,000 Environmental Permitting TBD Right -of -Way Acquisition TBD County Forces TBD I � i Jy�p G I �r CHUCKANUT MTN. j i Cedar Lk. Pine Lk. \sh Of. n ul uua� Mud Lk. 4ko t % � NTS ice Lk W I BEE STATE O 1RK Lost Lk. ca a n 0 I '• � BLANCHARD MTN. � �� c��+• . a WHATCOM COUNTY_ , 294 Whatcom County Public Works Project Narrative Hannegan Road Bridge No. 236 Replacement CRP # 913007 Construction Funding Year(s): 2018 Project Narrative: This project is located on Hannegan Road between Central and Ten Mile Roads in Section 16, T39N, R3E. This is a project to replace the last 31-foot channel beam bridge on the Hannegan Road. This old design is not suited for the volume of truck traffic present on the Hannegan Road. This project is listed #136 on the 2018-2023 Six Year Trans ortation Improvement Program. Project Status: Project design and permitting completed in 2017. Construction of this project scheduled for 2018. Rural STP funds have been obtained for construction of this project Total Estimated Project Cost: $1,770,000 Expenditures to Date: $ 170,000 Funding Sources: Federal $950,000 (STP) State $0 Local $820,000 Environmental Permitting HPA, NEPA, ACOE, Shorelines Right -of -Way Acquisition (Estimate) N/A County Forces N/A G >w"gartletf Rd— wc .-T c a ' cYi E Pole Rd. SR 544 - Green Lk. Beard Rd. Cr. FoN 3 Central Rd. N B� N7S -o Ten Mile Rd. c m U � E. Hernmi Rd. E. Hemmi Rd. Ten,fR LAUREL CII E. Laurel Rd. �1 295 Whatcom County Public Works Project Narrative Roberts Construction Funding Year(s)_ Road/Anderson Creek, Bridge No. 249 CRP # 915020 2018 Project Narrative: This project is located west of Deming in Section 19, T39N, R4E. This project will replace the existing 69-foot bridge, which is structurally deficient with a new reinforced concrete bridge. This project is listed #1137 on the 2018-2023 Six Year Transportation Improvement Program. I Project Status: Project design and permitting complete, ROW work will be completed in 2017. Construction scheduled for 2018. BRAC funds have been secured for this project. Funding Sources: Total Estimated Project Cost: $2,145,000 Federal $1,387,170 (BR) Expenditures to Date: $295,000 State $0 Local $757,830 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 296 Whatcom County Public Works Proiect Narrative Massey Road/Sumas River, Bridge No. 291 CRP # 915016 Construction Funding Years : 2018 Project Narrative: This project is located east of Everson in Section 5, T39N, R4E. This project will replace the deck on this structurally deficient bridge. These improvement will remove the structurally deficient designation and load restrictions. This project is listed #1138 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting is underway with construction scheduled in 2018. Funding Sources: Total Estimated Project Cost: $235,000 Federal Expenditures to Date: $25,000 State Local Environmental Permitting Right -of -Way Acquisition County Forces (Estimate) HPA, SEPA, Shorelines N/A $ 200,000 $0 $0 $235,000 I -• • ~-i '� ° South Pass Rd. 6�,�..1..�. swift U. x u Hughes Rd. c :� ~ s0� 3" o assey Rd. g EVERSON i B8 Gilmore Rd. N .._.. ., —••� �R W m 0 :.p U NTS �.�"•_ Cabrant Rd. ' Cole Rd: e Mack Rd. a Dale C a Hopewell Rd. � a a 297 Whatcom County Public Works Project Narrative _ W. Badger Road/Bertrand Creek Bridge No. 50 CRP # 915024 Construction Funding Year(s): TBD Project Narrative: This project is located west of Lynden in Section 12 & 14, T40N, R2E. This is to replace this structurally deficient bridge. This project is listed #B9 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Project design, permitting and ROW work is ongoing. Construction anticipated in 2018. BRAC funding has been secured for this project. Total Estimated Project Cost: TBD Expenditures to Date: $255,000 Funding Sources: Federal $175;000 (BR) State $0 Local $80,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Barnhart Rd. E u m co LO a ca ca ay N o X NT5 SR 546 B9 cc I � co C � (D 0� is Trail Rd. E. Main St. �--�f-- ..�..�.1 LYNDEN . Tromp Rd. Km Whatcom County Public Works Project Narrative Goshen Road/Anderson Creek Bridge No. 248 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located south of Everson/Goshen in Section 19, T39N, R4E. This is a bridge rehabilitation and sedimentation control project to address the existing 62-foot structurally deficient bridge. This project is listed #11310 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2020. Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: $ 0 State $0 Local $20,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD v � d d a LD eon. 4' Fazon Lk. r M_art�Rd Osgood Rd. 2�ry R D' L x GOSHEN Goshen Rd. E. Hoff IRd_ Ha��e LA d B10 ar ` c NTS +� 3 ,c CEDARVILLE Q o �nWY n w �. A $ � *E. Smith Rd. 299 Whatcom County Public Works Pro ect Narrative Slater Road / Nooksack River Bridge No. 512 Overheight Detection CRP #914013 Construction Funding Years : TBD Project Narrative: This project is located on Slater Road at the Nooksack River in Section 6, T38N, R2E. This is an overheight detection/warning system project. The project is listed #611 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Preliminary design work to begin in 2021. Total Estimated Project Cost: TBD Expenditures to Date: $1,500 L Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Funding Sources: Federal $0 State $0 Local $20,000 pman Rd. E11 I o s' e U_ 03 00 N I J Sunset Ave. arc I Slater Rd. 2 I c o I L x �; 5 Rayhorst B 11 [�` "- — -- Slater Rd. Rd 1 z N m NTS 01 ti Marietta Av- -o Lost Lk- 0: a It a oil u] � Skagit v U Kwina Rd. < c Bellingham ��, InVI i Cn Airport 300 %Alko+n ('-� +n D.,IHIin Martin Road/Anderson Creek Bridge No. 250 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: Project: This project is located on Martin Road in Section 18 & 19, T39N, R4E. This is a project to replace the existing 31-foot structurally deficient bridge. This project is listed #11312 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2021 Funding Sources: Total Estimated Project Cost: TBD Federal Expenditures to Date: $0 State Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Central Rd. . 5 m � � a m aw Geo,., in O� a .a Fazon Lk. + Ma in Rd, Osgood Rd. �aro� ' 7enm� sP Ra 612 c! GOSHEN Goshen Rd. E- Hoff Rd- ° � Hafj LAWRENCE 13 � m c Q CEDARVILLE C - ❑ OE. Smith Rd. a I � � 301 r Whatcom County Public Project Narrative Loomis Trail Rd/Bertrand Cr. Trib. Bridge No. 497 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located on Loomis Trail Road in Section 15 & 22, T40N, R2E. This project is to replace the existing 21-foot structurally deficient bridge. This project is listed #1313 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permittingto in 2022. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal State Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD n E AU z v a m ¢ d) r 0 SR 546 CO I i A? ccc i ca � U` i F a M F �, , Loomis Trail Rd_ CE 0— --• � E. Main St. N B13 w-- LYNDEN o Tromp Rd. Birch BaY - Lynden Rd. ! Kok Rd. 302 Whatcom County Public Project Narrative Lenhart Rd/Saar Creek Bridge No. 329 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located on Lenhart Road in Section 31, T41 N, RSE. This project is to replace the existing 31-foot structurally deficient bridge. This project is listed #B14 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2022. Funding Sources: Total Estimated Project Cost: TBD Federal Expenditures to Date: $0 State Local $5,000 €bBlcf Ave, Jones -Rd. WAS H I N GTO N a SU AS E Fron['S!� Rock Rd- t B14 Z J ! VEDDER MTN _4 5aat � s0 HIIIVIew Rd. 0 Bishop Rd. Ree a Morgan R ! NTS Zj �5 e�y Rd a iNinaket Rd. or � I Limestone Rd P Deeter Rd. I �oil�r+ RE[ ,EO,LUI' BIA � gre Kenridge Gt.f V � VALL� 303 Whatcom County Public Proiect Narrative Salakanum Way/Anderson Creek Bridge No. 509 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located on Salakanum Road in Section 19, T39N, R4E. This project is to replace the existing 31-foot structurally deficient bridge. This project is listed #11315 on the 2018-2023 Six -Year Transportation Improvement Program.. Project Status: Preliminary design and permitting to begin in 2022. Funding Sources: Total Estimated Project Cost: TBD Federal Expenditures to Date: $0 State Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD } Q C A 07+ C Q epr- �(7 Fazon Lk. Osgood Rd! Mart'n Rd; N �� Ra ,' i GOSHEN NTS ' Goshen Rd. E. Hoff Rd. LAWRENCE r G o ¢ CEDARVILLE 2; ' Y. E � ,o a w d o •E*. Smith Rd. illiems R'tlr. .. i 0 Eberly Rd. Sony Rd. _ �ytK m � �Q- Keily Rd CO 304 Whatcom County Public Works Project Narrative Refurbish / Upgrade of the Whatcom Chief CRP #910012 Construction Funding Year(s): TBD Project Narrative: This project involves the upgrade and preservation of the current ferry to Lummi Island, M/V Whatcom Chief. The project definition will address safety, accessibility and reliability concerns associated with the approximately 50 year old ferry. This project is listed #F1 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Opportunities for project funding will be reviewed as they become available. Total Estimated Project Cost: TBD Expenditures to Date: $2,000 Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) Funding Sources: Federal $0 State $0 Local $5,000 None Required None Required N/A MN Whatcom Chief 305 Whatcom County Public Works Proiect Narrative Ferry Terminal Electrical Project CRP #916020 Construction Funding Year(s): 2017 j Project Narrative: This project includes electrical improvements at both ferry terminals. This project is listed #F2 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Design and permitting complete. Construction started in August 2017 and is expected to be completed in October 2017. Project closeout will continue into 2018. Total Estimated Project Cost: $350,000 Funding Sources: Federal $ Expenditures to Date: $320,000 State $ Local $350,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A Pt. Migley Fern Pt Viliage Pt T Legoe Bay 306 LUMMI NATION r.P Smokehouse Rd_ Lummi Pt. Sc� VN3N GooseberPt. erview Rd. der Wy F2 y9 The Portage q �s -6 os `fry z Sunrise Rd IMTSN i PORTAGEISLAND I Point Francis Whatcom County Public Works Project Narrative Ferry Terminal Painting and Structural Repair Project CRP # 917015 Construction Funding Year(s): 2018 Project Narrative: This project includes structural repair and painting of the approach spans and towers at both ferry terminals. This project is listed #F3 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Design and permitting work is underway with construction anticipated in 2018- Total Estimated Project Cost: $1,260,000 Expenditures to Date: $ 60,000 Funding Sources: Federal $ State $ Local $1,260,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A Pt. Migley LUMNII NATION opdIrLD. e Smokehouse Rd. m a � o N 7y V 3 Lummi Pt ac'fp,�� cv Fern PL —-------- 39 N Gocseb �� -- Pt- 38 N LnterviBw Rd. �� N ass Wy,- w � Bay Rd. Village Pt. C a9°e y Legoe Bay 9l� The Portage �. A d 9d 2 _ • � I PORTAGE ISLAND Sunrise Rd. �. Point Francis �$C 307 Whatcom County Public Works Project Narrative Lummi Dolphin and Breakwater Replacement CRP #914015 Construction Funding Year(s): TBD — Project Narrative: This project includes replacing the three remaining timber dolphins and southerly breakwater at the Lummi Island ferry terminal. These structures were constructed in the mid 1980's and are reaching the end of their service life. This project is listed #F4 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Federal Ferry Boat Program funds have been obtained for this project. Design and permitting work is underway. Funding Sources: Total Estimated Project Cost: TBD Federal $120,000 (FBP) Expenditures to Date: $125,000 State $ Local $30,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A ao�. cjyoU� /. Pt. Migley LUMMI NATION r s D Smokehouse Rd. m` ❑` s"�r �• oto .�y s� Lummi Pt. 39 N Aa • - ---- Pt - Fern Pt. -------- Ggoseberry Pt 38 N N CQnterviow Rd. Ix 07 F4 r der Wy c Bay Rd. tT Village Pt. to Legoe Bay The Portage 00, C Z PORTAGE ISLAND Sunrise Rd. I Point Francis c M Whatcom County Public Works Project Narrative Construction Funding Year(s): Replacement of the Whatcom Chief CRP # Not Assigned TBD Project Narrative: This project involves replacement of the current ferry to Lummi Island, M/V Whatcom Chief. This project is listed #F5 on e 2018-2023 Six Year Transportation Improvement Program. rth Project Status: Opportunities for project funding will be reviewed as they become available. Total Estimated Project Cost: TBD Expenditures to Date: $350,000 (approx) Environmental Permitting Right -of -Way Acquisition (Estimate) County Forces (Estimate) Funding Sources: Federal $0 State $0 Local $10,000 None Required None Required None Required MN Whatcom Chief 309 Whatcom County Public Works Project Narrative Various Bridges Rehabilitation / Replacement CRP #Not Assigned Construction Funding Year(s): 2018 Project Narrative: This item provides funding to address unanticipated bridge rehabilitation and/or replacement. It is listed #Y1 on the 2018- 2l 023 Six Year Transportation Improvement Program Project Status: Design and construction to occur as necessary. Funding Sources: Total Estimated Project Cost: $1,800,000 Federal $ Expenditures to Date: N/A State $ Local $1,800,000 (STIP, 2018-2023) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this item, no map exists. Council review and prioritization will be sought at the appropriate times. WWII Whatcom County Public Works Pro'ect Narrative Right of Way Acquisition CRP # Not Assigned Construction Funding Year(s): 2018-2023 Project Narrative: This item addresses the unanticipated need for Right -of -Way that may arise during a given year that requires immediate action. This project is listed #Y2 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Total Estimated Project Cost: $180,000 Expenditures to Date: L Funding Sources: Federal $0 State $0 Local $180,000 (2018-2023) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 311 Whatcom County Public Works Project Narrative Unanticipated Site Improvements CRP # Not Assigned Construction Funding Years): 2018 - 2023 Project Narrative: This Annual Construction Program item addresses the unanticipated project(s) that may arise during a given year that require immediate action due to safety concerns, environmental factors, traffic volumes, accident history, funding or grant availability and other issues not related to an existing program project. This project is listed #Y3 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: It is anticipated that the design and construction of projects will occur yearly as the needs and locations are determined. Total Estimated Project Cost: $1,800,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $1,800,000 (2018-2023) Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 312 Whatcom County Public Works Project Narrative Stormwater Quality Improvements CRP # Not Assigned Construction Funding Year(s): 2018 Project Narrative: This project varies in location. Identification and prioritization to be addressed and reviewed through County Council. This project is listed #Y4 on the 2018-2023 Six Year Transportation Improvement Program. Project Status. Design and construction will be completed in 2017/2018. Funding Sources: Total Estimated Project Cost: $345,000 Federal $0 Expenditures to Date: State $0 Local $345,000 (2018-2023) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 313 Whatcom County Public Works Project Narrative Non -motorized Transportation Improvements CRP # Not Assigned Construction Funding Year(s): 2018 - 2023 Project Narrative: This program item addresses the need to identify and prioritize non -motorized projects for future consideration. Projects would include pedestrian and bike facilities (eg: sidewalks, trails, shoulder widening) in various locations around the county. This project is listed #Y5 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: It is anticipated that the desire and construction of projects will occur yearly as the needs and locations are determined. Funding Sources: Total Estimated Project Cost: $600,000 Federal $0 Expenditures to Date: State $0 Local $600,000 (2018-2023) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 314, Whatcom County Public Works Project Narrative Fish Passage Project CRP #912014 Construction Funding Year(s): 2019 Project Narrative: This project is for the design and construction of fish passage projects. This project is listed #Y6 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Design work will begin in 2019 with construction of the first project scheduled for 2020. - f Funding Sources: Total Estimated Project Cost: TBD Federal $0 Expenditures to Date: N/A State $0 Local $250,000 (2019-2023) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. "Note: 2017-2018 Fish Passage Project is #B1, Slater Rd/Jordan Creek Bridge. 315 Whatcom County Public Works Project Narrative Swift Creek Transportation Impacts CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This item addresses the various projects related to Sumas Mountain/Swift Creek Slide. Locations to be determined. This project is #Y7 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Design and construction for the various ects will be initiated in 2018 and extend throu 2019. Funding Sources: Total Estimated Project Cost: $600,000 Federal $0 Expenditures to Date: State $0 Local $600,000 (2018-2023) Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. OR Whatcom County Public Works Pro-ect Narrative Railroad Crossing Improvements CRP # Not Assigned Construction Funding Year(s): 2018 - 2023 Project Narrative: Locations to be determined. Identification and prioritization to be addressed. This project is listed #Y8 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Locations and prioritization of is on-qoi s with BNSF will be a factor on timing and cost. Funding Sources: Total Estimated Project Cost: $120,000 Federal $0 Expenditures to Date: - 0 - State $0 Local $120,000 (2018-2023) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 317 a N Y O L 7 IL T C 7 O U v E C O LL V R m L 10 N W I- N r- m O r� N ItIl- O 7 In m LO O d v V N 1- O (O M O m 7 N m N m Cn CO CO F- CDN M N m C C7? 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H) E9 6Fi 6-' 6Fi Eii 69 69 69 69 E9 O N 3 N T N N 0 It M O O O 0 T I- M O 0 N O 00 0 T t N— O 00 N N M M It It 0 CO oo r d T T T N N CV CV N T N N N" N N N N CD CD O O O CD O CD O O O O O O CD Z 69 69 Ei? 69 69 E9 EA 6ct 693 607 K3 69 69 69 69 69 69 p 0 I- P- O 0 O 0 ti M 0 0 0 N It 0 M I- PI- I- 0 N 0 CO 0 Cl T- a I- T T 0) I,- to O O O O T Cl LO ui T O t M OR CO T O O T 't r'� O M O O O O O O T T N CO CO CO OM It "t '-t 0 0 CD T T T T T T T T T T T T T T T T T H3 K? 69 6F> 69 69 69 69 69 03 69 69, 6q E9 E9 69 69 f� w O O T N M qt Lo 0 � 00 O O T N M L O O O O O O T O T O T O T O T O T O T O T N T N T CD N CD N CD N N N N y N N N N N N N N N N N N N cca � m m m m m m m a a a a a a a 320 Attachment "D" 2017 Rating Road Name 33 North Shore Road 34 Marine Drive 35 Lake Louise Road 35 Lake Whatcom Boulevard 35 Marine Drive 36 Bennett Drive 36 Lake Louise Road 37 Lake Louise Road 39 Haxton Way 40 Harborview Road 40 Vista Drive 41 Beach Way 41 Drayton Harbor Road 41 Nugent Road 41 Yew Street Road 42 Bay Road 42 Bay Road 42 Goodman Road 42 Shintaffer Road 42 South Pass Road 42 Wiser Lake Road (E) 43 Cedarville Road 43 Drayton Harbor Road 43 Hovander Road 43 Lake Whatcom Boulevard 43 South Pass Road 43 Van Wyck Road 44 Badger Road (W) 44 Cain Lake Road 44 Ferndale Road 44 Ferndale Road 44 Goodwin Road 44 H Street Road 44 Marine Drive 44 Mountain View Road 44 North Telegraph Road 44 Portal Way 44 Portal Way 44 Silver Lake Road 44 Vista Drive 45 Alderwood Avenue 45 Bakerview Road (W) 45 Birch Bay Drive 45 H Street Road 45 Jackson Road 2017 Whatcom County Priority Rating Program From Bellingham C/L Wynn Road Gate 13 (SV) UAB Bridge #5 Airport Drive Gate 5 (SV) Lake Whatcom Boulevard Kwina Road Lincoln Road Grandview Road Slater Road Harborview Road Ferry Dock Spring Valley Dr (private) Blaine Road Kickerville Road Johnson Road Lincoln Road North Pass Road SR 539 Goshen Road Blaine C/L Smith Road (W) Lake Louise Road Goodwin Road Hannegan Road' Sunrise Road NE Cain Lk Rd Slater Road Ulrich Road Sorenson Road Axling Road Old Marine Drive Olson Road Sorenson Road Birch Bay Lynden Road Hall Road SR 542 Ferndale C/L Marine Drive Bellingham C/L Alderson Road Sunrise Road Birch Bay Drive Rating: 0 (worst) to 100 (best) Incorporates; road geometrics, surface condition, ride, drainage, traffic volumes, traffic types, accident history UC - Under construction To Length FFC Y Road 2.87 16 Old Marine Drive 0.44 16 Austin Street 1.97 16 South Bay Drive 1.95 7 Rural Avenue 1.16 7 Bakerview Road (W) 0.26 17 Gate 13 (SV) 1.59 16 Gate 5 (SV) 0.50 16 Slater Road 1.82 7 Drayton Harbor Road 0.47 17 Bay Road 1.61 7 Sucia Drive 0.36 8 Blaine Road 0.90 17 West Shore Drive 2.49 8 Samish Way 0.71 17 Kickerville Road 0.98 7 Bruce Road 2.76 7 Meadow Lane 0.25 8 Birch Bay Drive 0.60 17 Frost Road 4.16 7 Hannegan Road 2.12 18 SR 542 1.39 8 Harborview Road 1.16 18 Ferndale C/L 0.29 16 UAB 0.93 17 North Pass Road 1.74 7 SIR 542 2.15 7 Markworth Road 2.01 7 Lake Whatcom Boulevard 0.37 7 Ulrich Road 1.05 7 Ferndale C/L 0.38 16 South Pass Road 1.00 8 Sunrise Road 3.78 7 McAlpine Rd 0.73 16 Ferndale C/L 0.77 16 Badger Road (E) 2.19 8 Hall Road 3.32 7 Blaine C/L 0.41 17 Rock Quarry 3.22 8 Grandview Road 1.67 17 Airport Drive 0.34 16 Bennett Drive 0.33 17 Harborview Road 1.14 17 Blaine C/L 2.72 7 UAB 0.92 18 Federal Functional Classification [FFC]: 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors Page1 of 6 2017 Rating Road Name 45 Mountain View Road 45 North Telegraph Road 45 Northwood Road 45 Rural Avenue 46 Airport Drive 46 Axton Road (E) 46 Ferndale Road 46 Grandview Road 46 Lummi View Drive 46 Maplewood Avenue (W) 46 Marine Dr / Edwards Dr 46 Marine Dr/Lummi Shore Dr 46 Slater Road 46 Smith Road (W) 46 South Bay Drive 46 West Shore Drive 46 Wiser Lake Road (W) 47 APA Road 47 Benson Road 47 Birch Point Road 47 Curtis Road 47 H Street Road 47 Hopewell Road 47 Kickerville Road 47 Lake Whatcom Boulevard 47 Loomis Trail Road 47 Loomis Trail Road 47 Nugent Road 47 Semiahmoo Drive 47 Silver Lake Road 48 Cain Lake Road 48 Gooseberry Spur 48 Goshen Road 48 Johnson Road 48 Kickerville Road 48 Marine Drive 48 Northwest Drive 49 Alderwood Avenue 49 Bancroft Road 49 Birch Bay Drive 49 Boundary Bay Road 49 Country Lane 49 Enterprise Road (N) 49 Fazon Road 49 Harksell Road 2017 Whatcom County Priority Rating Program From Lake Terrell Road Badger Road (E) Hampton Road Curtis Road Alderwood Avenue SR 539 Marine Drive Point Whitehorn Way Gooseberry Spur Bellingham C/L Gulf Road Kwina Road Beach Way Hovander Road Lake Whatcom Boulevard Legoe Bay Road Northwest Drive Tyee Drive Teller Road Semiahmoo Drive Country Lane SR 539 Siper Road Bay Road Seaplane Road Bob Hall Road Bertrand Creek Bridge #30 Sunrise Road Elderberry Lane Rock Quarry Skagit County Line Lummi view Drive Fazon Road Tyee Drive Rainbow Road Gulf Road Pole Road (W) Airport Drive Marine Drive Shintaffer Road APA Road Rural Avenue Harksell Road Goshen Road Enterprise Road Rat_ ing: 0 (worst) to 100 (best) Incorporates; road geometrics, surface condition, ride, drainage, traffic volumes, traffic types, accident history UC - Under construction To Length FFC Olson Road 2.00 7 SR 547 1.88 8 Lynden C/L 0.75 8 Ferndale C/L 0.58 17 Airport Way 0.46 16 Hannegan Road 1.97 7 Slater Road 1.89 7 Jackson Road 0.98 7 Mackenzie Rd / Haxton Wy 0.44 7 Bakerview Road (W) 0.26 14 Marina Drive 1.27 8 Bridge #5 0.41 7 Lake Terrell Road 1.09 8 Ferndale C/L 0.17 16 Brannigan Creek 2.77 8 Nugent Road 2.31 8 Old Guide Road 2.18 8 Boundary Bay Road 1.50 8 Boundary Bay Road 1.75 8 Birch Bay Village Entrance 1.58 17 Rural Avenue 1.50 17 Axling Road 1.24 7 Goodwin Road 0.23 8 Birch Bay Lynden Road 2.02 8 Lake Louise Road 1.39 17 Bertrand Creek Bridge #30 1.43 8 Berthusen Road 0.62 18 Granger Road 1.33 8 Blaine C/L 0.96 17 South Pass Road 2.67 8 NE Cain Lk Rd 1.80 7 Ferry Dock 0.05 7 Cedarville Road 1.23 8 Boundary Bay Road 1.51 8 Grandview Road 2.01 7 Roosevelt Road 1.27 8 Ritter Road 0.84 8 Bellingham C/L 0.71 17 Country Lane 0.59 16 Birch Point Road 0.66 17 Johnson Road 1.00 8 Bancroft Road 0.82 16 Birch Bay Lynden Road 2.00 7 Hemmi Road (E) 0.77 8 Enterprise Road (N) 0.38 7 Federal Functional Classification (FFQ: 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors 322 Page 2 of 6 2017 Whatcom County Priority Rating Program 2017 Rating Road Name From To Length FFC 49 Lake Samish Drive (W) Nulle Road Summerland Road 1.73 8 49 Lake Whatcom Boulevard Cable Street Strawberry Point Road 1.50 17 49 Laurel Road (E) SR 539 Hannegan Road 1.97 8 49 Loomis Trail Road Blaine Road Portal Way 1.75 8 49 Northwood Road SR 546 Halverstick Road 2.01 8 49 Slater Road Lake Terrell Road Haxton Way 2.50 7 49 Slater Road Ferndale Road Ferndale C/L 1.40 7 49 South Bay Drive Brannigan Creek Park Road 0.94 8 49 Van Buren Road MP 3.34 Halverstick Road 1.41 8 50 Berthusen Road Loomis Trail Road West Main Street 0.26 18 50 Goodwin Road South Pass Road Hopewell Road 2.54 8 50 Grandview Road Ferndale C/L UAB 0.40 17 50 Halverstick Road Crape Road Garrison Road 1.00 8 50 Harborview Road Birch Bay Drive Lincoln Road 1.17 17 50 Haxton Way Mackenzie Road Balch Road 0.94 7 50 Jackson Road UAB Grandview Road 0.51 8 50 Lake Whatcom Boulevard Strawberry Point Road Seaplane Road 1.53 17 50 Laurel Road (W) Northwest Drive Aldrich Road 0.99 17 50 Laurel Road (W) Aldrich Road SR 539 1.51 8 50 Lummi Shore Drive Kwina Road Haxton Way 1.08 8 50 Lummi View Drive Lummi Shore Road Goosebery spur 1.69 8 50 Marine Drive Bancroft Road Wynn Road 0.20 16 50 Mosquito Lake Road North Fork Road SR 542 0.95 8 50 Olson Road Vista Drive Aldergrove Road 1.90 8 50 Olson Road Aldergrove Road Mountain View Road 1.99 8 50 Valleyview Road Birch Bay Lynden Road Haynie Road 2.45 8 50 Wiser Lake Road (W) Old Guide Road SR 539 0.50 18 51 Badger Road (E) Garrison Road North Telegraph Road 0.33 8 51 Halverstick Road Northwood Road Van Buren Road 3.54 8 51 Halverstick Road Van Buren Road Crape Road 1.02 8 51 Lincoln Road Blaine C/L 0.05 m. west of Shintaffer Rd 0.39 17 51 Lummi Shore Drive Cagey Road Marine Drive 2.76 8 51 Pole Road (W) Old Guide Rd SR 539 0.51 17 51 Smith Road (E) Mission Road SR 542 2.24 7 51 Van Dyk Road Theil Road Everson Goshen Road 2.62 8 52 Birch Bay Drive State Park (north gate) Alderson Road 1.18 17 52 Birch Bay Drive Harborview Road Shintaffer Road 0.95 17 52 Birch Point Road Birch Bay Village Entrance Birch Bay Drive 0.40 17 52 Grandview Road UAB Dahlberg Road 0.33 7 52 Lake Samish Drive (N) Lake Samish Drive (E) Old Samish Road 0.87 8 52 Lake Samish Drive (W) Summerland Road Lake Samish Drive (N) 0.87 8 52 Marina Drive Edwards Drive APA Road 0.56 8 52 Meadow Lane Goodman Road Roosevelt Road 0.26 8 52 Mosquito Lake Road Hutchinson Creek Middle Fork Bridge 3.89 8 52 Mosquito Lake Road Middle Fork Bridge Township Line 2.75 8 Rating: 0 (worst) to 100 (best) Federal Functional Classification FFC : Incorporates; road geometrics, surface condition, ride, 7 & 8 - Rural collectors drainage, traffic volumes, traffic types, accident history 14, 16, 17 & 18 - Urban arterials/collectors UC - Under construction Q� of 6 2017 2017 Rating Road Name 52 Mosquito Lake Road 52 Northwest Drive 52 Pacific Highway 52 Rainbow Road 52 Samish Way 52 Samish Way 52 Slater Road 52 Smith Road (E) 52 South Pass Road 53 Cedarwood Avenue 53 Custer School Road 53 Everson Goshen Road 53 Everson Goshen Road 53 Haxton Way 53 Lake Samish Drive (N) 53 Legoe Bay Road 53 Lummi Shore Road 53 Lummi Shore Road 53 Northwest Drive 53 Portal Way 53 Siper Road 53 Slater Road 53 Tyee Drive 53 Van Buren Road 53 Van Dyk Road 54 Airport Drive 54 Bennett Drive 54 Birch Bay Lynden Road 54 Birch Bay Lynden Road 54 Birch Bay Lynden Road 54 Birch Bay Lynden Road 54 Everson Goshen Road 54 Hemmi Road (E) 54 Mosquito Lake Road 54 Portal Way 54 Sunrise Road 54 Sweet Road 54 Weidkamp Road 55 Birch Bay Lynden Road 55 Birch Bay Lynden Road 55 Hampton Road 55 Hemmi Road (E) 55 Lake Terrell Road 55 Main Street 55 Mosquito Lake Road Whatcom County Priority Rating Program From Township Line Smith Road (W) Bellingham C/L Mountain View Road Old Samish Road Galbraith Lane Haxton Way Noon Road Frost Road Bennett Drive Creasy Road SR 542 Smith Road (E) Balch Road Lake Samish Drive (W) Nugent Road Lummi View Drive Smokehouse Road Bellingham C/L Faris Road MP 0.81 Ferndale C/L APA Road Hampton Road Hannegan Road Airport Way Marine Drive UAB Delta Line Road Enterprise Road (N) Rathbone Road Hemmi Road (E) Everson Goshen Road Dike Road DNR Ferndale C/L Badger Road (W) Blaine C/L Badger Road (W) Harborview Road MP 4.20 Northwood Road Hannegan Road Slater Road Bruce Road SR 9 Rating: 0 (worst) to 100 (best) Incorporates; road geometrics, surface condition, ride, drainage, traffic volumes, traffic types, accident history UC - Under construction To Length FFC North Fork Road 1.94 8 Paradise Road 1.76 16 Slater Road 1.34 17 Kickerville Road 1.20 7 Galbraith Lane 1.51 8 Bellingham C/L 1.52 17 Imhof Road 0.98 7 Mission Road 2.01 7 SR 547 1.24 7 Bellingham C/L 0.10 17 Birch Bay Lynden Road 0.50 8 Smith Road (E) 1.99 7 Hemmi Road (E) 2.01 7 Kwina Road 3.28 7 Lake Samish Drive (E) 0.93 8 West Shore Drive 1.67 8 Smokehouse Road 2.38 8 Cagey Road 1.01 8 Smith Road (W) 2.54 16 Birch Bay Lynden Road 2.85 7 Hopewell Road 0.99 8 Northwest Drive 1.03 16 Benson Road 0.50 7 Lindsay Road 0.55 7 Theil Road 0.98 8 Bennett Drive 0.30 16 Airport Drive 1.23 17 Portal Way 2.41 7 Enterprise Road (N) 1.90 7 Rathbone Road 2.03 7 Berthusen Road 1.01 7 Pole Road (E) 2.08 7 Mission Road 1.00 8 Hutchinson Creek 3.17 8 Faris Road 1.16 16 H Street Road 2.02 8 Stadsvold Road 1.44 7 H Street Road 1.96 8 UAB 1.25 17 Delta Line Road 1.82 7 Van Buren Road 2.99 7 Everson Goshen Road 3.05 8 Mountain View Road 2.00 7 Custer School Road 0.24 8 Dike Road DNR 1.68 8 Federal Functional Classification FFC 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors 324 Page 4 of 6 2017 Rating Road Name 55 Mountain View Road 55 Northwest Drive 55 Nulle Road 55 Sucia Drive 55 Sunrise Road 55 Van Buren Road 55 Y Road 56 Alderson Road 56 Birch Bay Drive 56 Birch Bay Lynden Road 56 Cottonwood Avenue 56 Enterprise Road 56 Enterprise Road (N) 56 Hampton Road 56 Haynie Road 56 Old Samish Road 56 Point Whitehorn Road 56 Rock Road 56 Siper Road 56 Sorenson Road 56 South Pass Road 56 Stadsvold Road 56 Y Road 57 Britton Road 57 Custer School Road 57 Haynie Road 57 Kickerville Road 57 Kickerville Road 57 Lakeway Drive 57 Roosevelt Road 57 Seacrest Drive 57 Semiahmoo Drive 57 South Pass Road 57 Van Buren Road 58 Austin Street 58 Axton Road (W) 58 Baker Lake Road 58 Breckenridge Road 58 Hannegan Road 58 Hannegan Road 58 Hemmi Road (E) 58 Lindsay Road 58 Smith Road (E) 58 Van Wyck Road 59 Bruce Road 2017 Whatcom County Priority Rating Program From Rainbow Road Paradise Road Lake Samish Drive (W) BMP Nugent Road Lindsay Road North Shore Road Birch Bay Drive Point Whitehorn Way Berthusen Road Bennett Drive Ferndale C/L Birch Bay Lynden Road UAB Valleyview Road Lake Samish Drive (N) Grandview Road Sumas Road SR 9 Breckenridge Road Nooksack C/L Haynie Road Jensen Road SR 542 Main Street Stadsvold Road Grandview Road Birch Bay Lynden Road Bellingham C/L Tyee Drive Sunrise Road Birch Point Road SR 547 Everson C/L Lake Louise Road Ferndale C/L Skagit County Line Nooksack C/L Bellingham C/L Smith Road (E) SR 539 Van Buren Road SR 539 BMP Bay Road Rating: 0 (worst) to 100 (best) Incorporates; road geometrics, surface condition, ride, drainage, traffic volumes, traffic types, accident history UC - Under construction To Length FFC Lake Terrell Road 0.50 7 Pole Road (W) 2.00 7 1-5 0.62 8 Beach Way 1.87 8 Seacrest Drive 0.75 8 SR 546 1.00 7 Jensen Road 1.87 8 Blaine Road 0.85 18 State Park (north gate) 0.76 17 Lynden C/L 0.52 16 Bellingham C/L 0.09 17 Harksell Road 1.79 17 Loomis Trail Road 1.01 8 Northwood Road 1.66 7 Delta Line Road 2.01 7 Bellingham C/L 3.20 8 Birch Bay Drive 0.57 17 Nims Road 2.90 8 MP 0.81 0.81 8 North Telegraph Road 0.47 8 Goodwin Road 1.23 7 Sweet Road 0.52 7 SR 542 2.55 8 Bellingham C/L 1.48 16 Creasy Road 0.77 8 Valleyview Road 1.24 7 Bay Road 1.00 7 Loomis Trail Road 1.00 8 Terrace Avenue (N) 0.63 16 Meadow Lane 1.37 8 Scenic Estates 1.21 8 Elderberry Lane 1.49 17 Silver Lake Road 4.99 8 Hampton Road 1.09 7 Cable Street 0.37 16 Northwest Drive 0.86 16 MP 3.93 3.93 7 Sorenson Road 1.12 8 Smith Road E 2.27 7 Hemmi Road (E) 2.07 7 Hannegan Road 1.97 8 Van Buren Road 0.31 7 Hannegan Road 1.96 7 Hannegan Road 0.40 7 Main Street 0.74 8 Federal Functional Classification (FFC): 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors Page e5 of 6 2017 Whatcom County Priority Rating Program 2017 Rating Road Name From To Length FFC 59 Cable Street Terrace Avenue (N) Lake Whatcom Boulevard 0.51 16 59 Marine Drive Bennett Drive Bellingham C/L 0.29 16 59 Roosevelt Road Marine Drive Tyee Drive 0.93 8 59 Weidkamp Road Loomis Trail Road Badger Road (W) 1.02 8 60 Gulf Road Marine Drive Tyee Drive 0.65 7 60 Terrace Avenue (N) Lakeway Drive Cable Street 0.16 16 60 Van Buren Road SR 546 MP 3.34 0.63 8 61 Axton Road (W) Northwest Drive UAB 0.25 16 61 Delta Line Road Badger Road (W) Haynie Road 0.48 7 61 Marine Drive McAlpine Rd Bennett Drive 0.62 16 61 Nugent Road Granger Road Ferry Dock 0.19 8 61 Park Road South Bay Drive SR 9 2.78 8 61 Pole Road (W) Northwest Drive Old Guide Rd 2.22 7 61 Yew Street Road Spring Valley Dr (private) Tacoma Av (private) 0.28 17 62 Birch Bay Lynden Road Portal Way MP 4.20 0.54 7 62 Grandview Road Jackson Road Blaine Road 1.02 7 62 Smith Road (W) Ferndale C/L Northwest Drive 0.57 16 62 Tyee Drive Benson Road Roosevelt Road 0.95 7 63 Kwina Road Haxton Way Lummi Shore Road 0.96 7 63 Loomis Trail Road Sunrise Road Bob Hall Road 2.00 8 63 Nulle Road 1-5 Skagit County Line 0.59 7 63 Smith Road (E) Hannegan Road Noon Road 2.02 7 63 Smith Road (W) Waschke Road SR 539 2.00 7 64 Axton Road (W) UAB SR 539 2.25 7 64 Badger Road (W) Markworth Road SR 539 3.05 7 64 Bender Road Boundary Road (E) Visser Road 0.37 8 64 Hampton Road Lynden C/L UAB 0.04 17 64 Northwood Road Halverstick Road Boundary Road (E) 0.62 8 64 Yew Street Road Bellingham C/L Spring Valley Dr (private) 1.06 17 65 Badger Road (W) Delta Line Road Sunrise Road 0.86 7 65 Bakerview Road (W) Bennett Drive Bellingham C/L 0.26 16 65 Boundary Road (E) SR 539 Benson Road 0.96 8 65 Hannegan Road Hemmi Road (E) Beard Rd 1.51 7 65 Hannegan Road UAB Nooksack Bridge #252 2.88 7 66 Benson Road Visser Road Boundary Road (E) 0.36 8 66 Boundary Road (E) Bender Road Northwood Road 1.49 8 66 Slater Road Imhof Road Ferndale Road 0.49 7 66 Smith Road (W) Northwest Drive Waschke Road 0:50 17 67 Country Lane Bancroft Road Curtis Road 0.07 17 67 Hannegan Road Beard Rd UAB 0.71 17 67 Hannegan Road Nooksack Bridge #252 Lynden C/L 0.43 17 70 Lincoln Road 0.05 m. west of Shintaffer Rd Harborview Road 0.79 17 70 Visser Road Bender Road Benson Road 1.00 8 71 Sunrise Road Birch Bay Lynden Road Badger Road (W) 2.01 8 Rating: 0 (worst) to 100 (best) Incorporates; road geometrics, surface condition, ride, drainage, traffic volumes, traffic types, accident history UC - Under construction Total miles = 358.28 Federal Functional Classification (FFC): 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors 326 Page 6 of 6 } ' 711 '1 Attachment E ri p,n 2016 Annual Bridge Report Prepared by the Whatcorn County Public: 9 Works Bridge and Hydraulic Group '�Gs° Submitted September 20 17 Whatcom County 2016 Bridge Report Submitted: September 2017 This bridge report is prepared by Whatcom County Public Works Bridge and Hydraulic Division under the direction of the County Engineer each year to fiilfill requirements of the Washington Administrative Code (WAC) 136-20- 060. This WAC requires the County Engineer's report of bridge inspections as follows: "Each county engineer shall furnish the county legislative authority with a written report of the findings of the bridge inspection effort. This report shall be made available to said authority and shall be consulted during the preparation of the proposed six year transportation program revision. The report shall include the county engineer's recommendations as to replacement, repair or load restriction for each deficient bridge. The resolution of adoption of the six year transportation program shall include assurances to the effect that the county engineer's report with respect to deficient bridges was available to said authority during the preparation of the program. It is highly recommended that deficient short span bridges, drainage structures, and large culverts be included in said report. ". Prepared by: , Stove Dillon Bridge Inspection Team Leader Reviewed by: James E. Lee, P.E. Engineering Manager — Bridge & Hydraulics A d� Approved by: r �-r -3 _ Joseph . uta , .E. County Engineer/Assistant Director Cover Photo: Portal Way/Dakota Creek Bridge No. 500 spanning lower Dakota Creek. This seven (7) span reinforced concrete T-beam bridge has a total overall length of 335-feet and was originally constructed in 1928. A seismic retrofit project was completed on this bridge in 2015. Page 2 of 30 328 Table of Contents WAC136-20-060 and signature page ........................................... .............................. .................... ............ ....., ...2 Tableof Contents.................................................................................................................. 3 Acronyms......... .......................... _............... ................. ..................... .....,.......,,........................ ............ I ... I ............................ 4 Whatcom County Bridge Location Map....,..........................................................,..................................._...............5 ExecutiveSummary .........................................................................................................................................6 BridgeInventory Summary...... ..................................... ........................... ...... ... ... ... ................ .............................. 7 Bridge Inspection, Findings and Recommendations..........................—....._........................,................................9 Load, Height and Width Restricted Bridges..................................._..........................................................................11 Bridge Replacement and Rehabilitation Plan for Deficient Bridges................................................................................A2 Maintenance and Repair Activities ....... ...................................................... :...........:............................................... 15 Glossaryof Bridge Terms ............................................. ............ ............................. ............................................... 17 Appendix A — Whatcom County Bridge Inventory......................................................................................................21 Appendix B — Large Culvert Inventory ................................................................. ........ r...............................26 Page 3 of 30 329 Acronyms The following is a list of common acronyms widely used in the bridge inspection field; Traffic Committee IFHWA (Federal Highway Ad ministration FO Functionally Obsolete HBRRP (Highway Bridge Replacement and Rehabilitation Program NBIS INational Bride Inspection Standards SD :Structurally Deficient SID Structure Identification Number SR Sufficiency Rating UBIT JUnderBridqe Inspection Truck WAC Washington Administrative Code DOT Washington State Department of Tra Page 4 of 30 330 Whatcom County Bridge Location Map NUkw ilktTiols ifii �. - e' 70, 46 • ■ elk. ■ ■ _ A• t I� • ■ ■ �t LftMd Page 5 of 30 r� 331 Executive Summary This report has been completed in compliance with WAC 136-20-060, which requires that each County Engineer furnish a written resume of the county's bridge inspection efforts to the county legislative authority. It is also the intention of this report that information presented here be incorporated into a comprehensive program strategy to preserve the county's roadways. This report summarizes the status of the Whatcom County Bridge Program for calendar year 2016. Whatcom County's bridge inventory is vital in connecting the nearly 974 miles of County roads and providing for the safe and efficient movement of people and freight. Specifically, bridges on key transportation and freight corridors are monitored closely to prevent bridges on these routes from becoming restricted. One of the key overall Bridge Program goals is to replace or rehabilitate bridges that are considered structurally deficient (SD) per the National Bridge Inspection Standards (NBIS). At the end of 2016 Whatcom County had a total of 161 bridges in the overall inventory and 10 of these bridges were designated as SD. Of those 10 bridges 4 were actively worked on in 2016 for future replacement. In addition, all SD bridges are programmed in the Whatcom County 6- Year Transportation Improvement Program. For a comprehensive list of the SD bridges please see Exhibit C. A new addition to the 2016 Annual Bridge Report from prior years is the large culvert inventory Large culverts are defined as culverts with a diameter of 5' or larger. Bridge Program staff inspected 110 of these structures in 2016 which are listed in Appendix B. 2016 Bridge Program Highlights • Whatcom County bridge inventory consists of 161 structures. • A total of 73 Whatcom County bridge condition inspections were completed in 2016. • Whatcom County provided bridge inspection services for 23 structures owned by outside local agencies in 2016. • A total of 39 bridge repair and maintenance work orders were completed by the Maintenance & Operations Bridge Crew in 2016. • In September of 2016 the Washington State Department of Transportation (WSDOT) and the Federal Highways Administration (FHWA) completed a comprehensive audit of the Whatcom County Bridge Program. This audit included review of physical bridge files as well as site visits of 6 bridges. The intent of the audit was to ensure that the Bridge Program is being managed compliant with the NBIS standards. This compliance review was passed with flying colors. • The existing South Pass Road/Saar Creek Bridge No. 212, which was designated as SD, was replaced with a new reinforced concrete bridge. • M&O's Bridge Crew, in conjunction with Uretek, USA Inc., completed bride approach stabilization work at 5 bridges located throughout Whatcom County. Page 6 of 30 332 Bridge Inventory Summary Of the 161 structures in the Whatcom County inventory 5 are of timber construction, 101 are of concrete construction, 6 are predominately steel (all of which are fracture critical) and the remainder are a combination of these materials. See Appendix A for a complete list of Whatcom County Bridges. This Bridge on Friday Crook is typical of our channel beam girders supported by timber piles and caps. Lummi Island Ferry Terminals As a part of the Whatcom County Bridge program the Gooseberry Point and Lummi Island Ferry Terminals are inspected and maintained. These consist of a steel transfer span and a timber approach span at the Gooseberry Point terminal and a steel transfer span and a reinforced concreted girder approach span at the Lummi Island terminal. Page 7 of 30 333 Short Span Bridges The Highway Bridge Replacement and Rehabilitation Program (HBRRP) excludes short span bridges (span length of 20 feet or less) from receiving federal funding. Out of the 161 bridges in Whatcom County inventory, 21 of these bridges are classified as short span bridges. Even though the inspection reports and bridge information for short span bridges are not reported to WSDOT or FHWA, they are inspected and operated the same as the larger, federally reported bridges in our inventory. Outside Local Agency Bridges The Whatcom County Bridge and Hydraulics program provides inspection services to local agencies upon request. The county works with cities under inter -local agreements (ILA), with conditions set forth in the Revised Code of Washington (RCW) Chapter 39.34. The county's services are provided primarily to local agencies that lack expertise to inspect and maintain their bridge inventory. In addition, the Whatcom County Public Works Road Maintenance Division contracts with local agencies for the maintenance of other local agency bridges. In 2016 the county provided inspection services on 23 bridges for outside local agencies. City of Everson City of Bellingham Parks 18 San Juan County 4 Summary of outside local agency bridges inspected in 2016 Oversize/Overweight Load Permits There were approximately 214 oversize/overweight permits issued in 2016 and of those 35 involved routes over county owned bridges. Bridge program staff reviews these applications to ensure that these oversize/overweight loads can cross these bridges without causing any harm to the structure. Slater Road Bridge 512 with posted height restriction Page 8 of 30 KXrlj Bridge Inspection, Findings and Recommendations Bridge inspections are performed in accordance with the National Bridge Inspection Standards (NBIS) in conformance with 23 CFR 650.3. The standards mandate that all public agencies with a bridge inventory inspect and report the findings at a minimum of once every two years (routine inspection). Special inspections are required for bridges that cannot be given close or adequate inspection from the ground. For these bridges an Under -Bridge Inspection Truck (UBIT) is required. Steel bridges with fracture critical members may also require special inspections with special inspection equipment. A third category of special inspections are the Under Water Inspections which are required every five years for bridges with piers that extend below ordinary low-water levels. During bridge inspections, the current condition of each bridge element is noted. The deficiencies are coded to NBIS standards and show the degree of deterioration in various elements- the three primary elements being: ■ Deck, • Superstructure, and Q Substructure. As deterioration accelerates, the coding values drop and work orders for repairs are issued. In the case where the coding factors are extremely low, recommendations are made for repair, replacement or rehabilitation. Bridges with identified deficiencies may be inspected or monitored at more frequent intervals. The results of our inspection program are forwarded to the Washington State Department of Transportation (WSDOT) for review. Once the report has been accepted by WSDOT it is available for the Federal Highway Administration (FHWA). Whatcom County has many reinforced concrete channel beam superstructures designed in the 1950's which are at the low end of today's load carrying capacity requirements and are supported by timber caps and piles. These structures are being maintained and/or replaced on a regular basis depending on the age and the deterioration rate of the structure. The NBIS utilizes information from the latest bridge inspection to determine the Sufficiency Rating (SR) which is a calculated score based on information from the most recent bridge inspection. The SR is a number from 0 to 100 with 100 being an entirely sufficient bridge, and 0 being an entirely insufficient or deficient bridge. Items that factor into the determination of the SR include: load bearing capacity, average daily traffic, availability and length of detour, the geometry of the bridge and the risk of scour on bridge foundations at waterway crossings. Whatcom County owns 7 bridges located on designated truck freight routes with a T-2 classification (there are no T-1 routes currently designated in Whatcom County). T-2 freight routes are defined as carrying 4 million to 10 million annual gross tonnage and serve as vital transportation corridors in Whatcom County. The T-2 freight routes with bridges on them include the following County roads; Birch Bay Lynden Road, Hannegan Road and Slater Road. Of the 7 bridges on these roads none are restricted. In 2016 routine inspections were performed on 96 bridges, including 23 outside local agency bridges. In addition, 110 large diameter culverts were also inspected in 2016. If the underside of the bridge deck cannot be given close or adequate inspection from the ground then a special inspection using an under bridge inspection truck (UBIT) or under bridge inspection platform is required. Page 9 of 30 335 See Exhibit A for our master list of special inspections and details on inspection frequencies and schedules for all of our UBIT and underwater bridge inspections. Photo of a typical UBIT Exhibit "A" - Master List of Special Inspection and Equipment Needs Fracture Critical Underwater Last I UBIT Bridge # Bridge Name Last Inspection Inspection Date Frequency Date 3 MARIETTA September 2012 72 Months 107 NORTH LAKE SAMISH June 2015 115 HIGH BRIDGE 48 Months 140 MIDDLE FORK August 2016 24 Months 252 NOOKSACK RIVER March 2016 September 2016 24 Months 332 NORTH FORK March 2017 24 Months 421 March 2017 October 2016 I f March 2016 24 Months 48 Months 24 Months ROCKY CREEK DAKOTA CREEK GOOSEBERRY FERRY 500 503 SLIP i 507 LUMMI ISLAND FERRY October 2016 March 2016 24 Months SLIP l 512 NOOKSACK RIVER April 2017 24 Months Page 10 of 30 336 Load, Height and Width Restricted Bridges Each bridge is required to have a "Load Rating" calculation. The Load Rating establishes how much weight the bridge can carry for several standard configurations of vehicle axle loads. During the 2016 inspection cycle, no bridges were added to the load restriction list. As of the end of 2016 there are a total of 15 weight restricted bridges in the county. Bridges that have traffic portals of 15 feet or less are required to be posted with the allowable height. Whatcom County has two roads passing through posted height restricted bridge structures, both of which are steel truss structures. They are Slater Road/Nooksack River Bridge No. 512 and Mosquito Lake Road/Middle Fork Nooksack River Bridge No. 140. The majority of Whatcom County's posted bridges have a deficient superstructure due to the original girder design and are not an immediate concern for many of our lower ADT roads but they are inspected every 12-months to look for any problems that would accelerate their need for replacement. Exhibit "B" — Load, Height and Width Restricted Bridges Bridge # Road Name Features Crossed Restarted Width Bridge Restricted i Vertical i Posted for Clearance Load Restriction 1 MARINE DR ACCESS RD CREEK OLD RR Yes 44 BRIDGE WAY CALIFORNIA CREEK 16 Yes 50 W. BADGER ROAD BERTRAND CREEK Yes 51 FLYNN RD FISHTRAP CREEK 16 81 JACKSON RD. TERRELL CREEK Yes 82 ALDERSON RD TERRELL CREEK Yes 91 STEIN RD DAKOTA CR. TRIB. Yes 105 MANLEY ROAD SILVER CREEK 11.8 107 N. LAKE SAMMISH DR. LAKE SAMMISH 12 Yes 132 HUDSON ROAD JONES CREEK 15 140 MOSQUITO LK RD MIDDLE FORK 13.2 18' 151 HILLSIDE RD. SIGITOWITZ CREEK Yes 249 ROBERTS RD. ANDERSON CREEK Yes 291 MASSEY RD SUMAS RIVER Yes 308 ALM RD SUMAS RIVER Yes 332 MOSQUITO LK RD NORTH FORK Yes 503 LUMMI VIEW DR 9104 12 Yes 503A LUMMI VIEW DR HALE PASS Yes 506 HERON LANE JOHNSON CREEK 12 507 LUMMI IS FERRY RTE HALE PASSAGE 14 _ 507A LUMMI IS FERRY RTE HALE PASSAGE 14 Yes 510 COAL CREEK RD GALLOP CREEK 14 512 SLATER RD I NOOKSACK RIVER 15'03" Page 11 of 30 337 Bridge Replacement and Rehabilitation Plan for Deficient Bridges The county's current focus is to replace or rehabilitate bridges that are classified as structurally deficient (SD) per NBIS. The 3 SD bridges listed below were active in the design phase during 2016: 1. West Badger Road/Bertrand Creek Bridge No. 50 Replacement (BRAC funded) 2. Roberts Road/Anderson Creek Bridge No. 249 Replacement (BRAC funded) 3. North Lake Samish Bridge No. 107 (began work on TS&L with BRAC application in 2017) Design work was also underway in 2016 on the Hannegan Road/Ten-Mile Creek Bridge No. 236 Replacement Project. While this bridge is not currently designated as SD, it is the last remaining reinforced concrete channel girder bridge remaining on the Hannegan Road, which is a designated T-2 freight route and an important transportation corridor in Whatcom County. The existing bridge utilizes an older style channel girder that has historically not held up well to truck traffic. This replacement project is scheduled for construction in 2018 and aims to remove this bridge from Hannegan Road before problems develop and the bridge needs to be load restricted. Since 2000, 19 SD bridges have been replaced or re- built in Whatcom County. The list of current SD bridges is shown in Exhibit'C.' 2016 Replacment and Rehabilitation Construction Projects Potter Road/South Fork Nooksack River Bridge No. 148 Replacement Project. This project included replacement of the existing structurally deficient and functionally obsolete truss bridge with a reinforced concrete bridge. The new structure was opened to traffic in the fall of 2015. Scour protection measures installed summer of 2016. I \ J - ram"- �' ..•- :�; s � };1 .r�•�'r ;*.ram - _ 'y z1a • ga.f �,x .I Potter Road/SF Nooksack River Bridge No. 148 Page 12 of 30 KCIE:7 South Bay Road/Fir Creek Bridge No. 120 Scour Mitigation Project This project included installing three angular rock grade control structures downstream of the bridge. This work removed the scour critical designation on this bridge. South Bay Rd/Fir Creek Bridge No. 120 South Pass Rd/Saar Creek Bridge No. 212 Replacement Project This project included replacing a 31- foot structurally deficient bridge with a new 53-foot span reinforced concrete voided slab girder bridge. Construction was completed in the fall of 2016. South Pass Rd/Saar Creek Bridge No. 212 Page 13 of 30 339 Exhibit "C" — Structurally Deficient Bridges Bridge B Bridge Name 50 BERTRAND CR Deficiency's Sufficiency Rating Status Timber Cap Section 22.51 Construction Loss Scheduled 2019 81 JACKSON RD. -- Timber Cap and Pile - 28.50 Monitoring — Deterioration apply for BRAC funds in 2017 248 ANDERSON CR Timber Cap and Pile Monitoring 36.88 Deterioration 39.86 Construction 249 ANDERSON CR Timber Cap Section LITTLE Loss Delamination of I Scheduled 2018 40.38 Monitoring 1 SQUALICUM Deck, Cap Beam Capacity 291 SUMAS RIVER Concrete Channel 42.72 Monitoring BERTRAND CR Beam Deterioration 497 Scour Exposing 45.37 Monitoring TRIB Concrete Footings 172 BNSF RR Deck Deterioration 75.45 Monitoring 250 ANDERSON CR Timber Cap and Pile 53.54 Monitoring Deterioration TS&L Study 107 North Lake Samish Timber Girder 14.02 Section Loss Underway — Apply for BRAC funds 2017 2016 Large Culvert Inventory In 2016 Whatcom County Bridge Program staff inspected all culverts with a diameter of 5' or greater located on the County road system. All culvert inspections were completed using FHWA publication No. FHWA-CFUTD-10-005 titled "Culvert Assessment and Decision Making Procedures Manual' dated September 2010. All told 110 structures were inspected as part of this effort. As part of the inspection effort each culvert is given an overall condition rating and any needed repairs or maintenance work is forwarded to Maintenance & Operations. These large diameter culverts will continue to be inspected moving forward on a regular basis. For a detailed list of the large diameter culverts please Appendix "B". Page 14 of 30 340 Maintenance and Repair Activities The majority of bridge repair and maintenance work is done by Whatcom County Maintenance & Operation crews, with support from various vendors. During 2016 Maintenance & Operation crews cleaned the majority of the County bridges and all of the bridges in the County inventory were washed. In addition, the majority of the bridges were brushed to support ongoing maintenance, repair and inspection activities. Thirty nine (39) maintenance work orders were completed in 2016. (See Exhibit D below). Work planned for 2017 includes Massy Road/Sumas River Bridge No. 291 redecking and routine maintenance on the majority of the bridge inventory which typically includes helper piles and caps, abutment repairs, asphalt approaches, concrete repair and bridge cleaning and brushing. Exhibit "E" — Maintenance Work Orders Completed in 2016 Bridge # Waterway Work Completed Date Repaired 13 BARRETT CREEK Remove Log Jam January 2016 1 BNSF RAILROAD Guardrail Repair January 2016 252 NOOKSACK RIVER BERTRAND CR TRIB BERTRAND CR TRIB Guardrail Repair January 2016 497 Curb Repair Bridge Rail Repair January 2016 497 January 2016 503A/507A FERRY— LUMMI/GP Remove Weight from Counter Weights January 2016 497 BERTRAND CR TRIB Guardrail Repair January 2016 306 SUMAS RIVER Bridge Approach Repair January 2016 284 SMITH CREEK Deck Repair February 2016 30 BERTRAND CREEK Deck Repair February 2016 101 CALIFORNIA CREEK TERRELL CREEK Install Earthquake Brackets Install Earthquake Brackets February 2016 February 2016 82 82 TERRELL CREEK Approach Repair February 2016 107 LAKE SAMISH Repair Weight Restriction Sign March 2016 April 2016 236 TEN -MILE CREEK Deck Patch 249 ANDERSON CREEK Re -Torque and Grind Bolts April 2016 308 SUMAS RIVER CALIFORNIA CREEK TERRELL CREEK Re -Torque and Grind Bolts April 2016 101 Spall Repair April 2016 82 Spall and Patch Repair April 2016 173 HAYNIE CREEK Vactor Out Catch Basin May 2016 11 RED RIVER Approach Repair June 2016 507A FERRY —GOOSEBERRY PT Emergency Ramp Repair June 2016 510 GALLOP CREEK Pothole Repair July 2016 Page 15 of 30 341 410 HENDRICKS CREEK Pothole Repair July 2016 331 SUMAS RIVER Pothole Repair July 2016 July 2016 August 2016 3 NOOKSACK RIVER Log Jam Removal Bio Swale Maintenance 252 NOOKSACK RIVER 503A FERRY —GOOSEBERRY PT Hoist and Counter Weight Cable Replacement August 2016 507A FERRY— LUMMI ISLAND Hoist and Counter Weight Cable Replacement August 2016 1 BNSF RAILROAD Approach Repair Remove Sediment from Bridge August 2016 313 SWIFT CREEK September 2016 240 TEN MILE CREEK Approach Stabilization September 2016 201 SWIFT CREEK Remove Sediment from Bridge September 2016 126 INNIS CREEK Clean Out Sediment Trap September 2016 313 SWIFT CREEK Repair Shoulder at Bulkhead September 2016 250 ANDERSON CREEK Remove Beaver Dam at Bridge September 2016 332 NF NOOKSACK RIVER Install Survey Targets for Monitoring September 2016 503A/507A FERRY — LUMMI/GP Dry Dock Prep September 2016 Page 16 of 30 342 Glossary of Bridge Terms Abutment - a substructure supportingthe end of a single span, or the extreme end of a multi -span super -structure and, in general, retaining or supporting the bridge approach fill. Approach span - the span or spans connecting the abutment with the main span or spans. Back wall -the top -most portion of an abutment functioning primarily as a retaining wall to contain approach roadway fill. Beam -a linear structural member designed to span from one support to another. Bent - a supporting unit of the beams of a span made up of one or more column or column -like members connected at their top -most ends by a cap, strut, or other horizontal member. Box Girder - a support beam that is a hollow box; Its cross-section is a rectangle or square. Bracing -a system of tensio or compression members, or a combination 01 these, connected to The parts to be supported or strengthened by a truss or frame. It transfers wind, dynamic, impact, and vibratory stresses to the substructure and gives rigidity throughout the complete assemblage. Can also refer to diagonal members that tie two or more columns of a bent together. Cap -the horizontally -oriented, top -most piece or member of a bent sewing to distribute the beam loads upon the columns and to hold the beams in their proper relative positions. Cast -in -Place - concrete poured within form work on site to create a structural element in its final position. Catwalks -temporary foot bridges, used by bridge inspection personnel. Basic Bridge Parts 1 sa MW SUPERSTRUCTURE M� n�►r�wur�cs M'MIIMiIt � IMIIpiiE - -- - -- --- IIII/ doom , snw ANUT�� oriaae arts s � � i MM Page 17 of 30 343 Chord - in a truss, the upper -most and the lower- most longitudinal members, extending the full length of the truss. Column -a vertical structural member that transfers dead and live load from the bridge deck and girders to the footings or shafts. Column crosses brace -transverse brace between two main longitudinal members. Compression - a type of stress involving a pressing or squeezing together; tends to shorten a member; opposite of tension. Culvert - a pipe or small structure used for drain- age under a road, railroad or other embankment. A culvert with a span length greater than 20 feet Is included in the National Bridge Inventory and Receives a rating using the NBI scale. Dead I o a d - a static load due to the weight of the structure itself. Deck -the roadway portion of abridge that provides direct support for vehicular and pedestrian traffic. Deck bridge -a bridge in which the supporting members are all beneath the roadway. Deck truss -a bridge whose roadway is supported from beneath by a truss. Diagonal - a sloping structural member of a truss or bracing system. Elastomeric pads -rectangular pads made of neoprene, found between the sub -structure and superstructure that bears the entire weight of the superstructure. Elastomeric pads can deform to al- low for thermal movements of the superstructure. End wall -the wall located directly under each end of a bridge that holds back approach roadway fills. The end wall is part of the abutment. Expansion joint -A jointdesigned to provide means for expansion and contraction movements produced by temperature changes, load, or other forces. Fatigue -Cause of structural deficiencies, usually due to repetitive loading over time. Footing -The enlarged, lower portion of a sub- structure that distributes the structure load either to the earth or to supporting piles; the most common footing is the concrete slab; "footer" is a colloquial term for footing. Fracture critical member -a member in tension or with a tension element whose failure would probably cause a portion of or the entire bridge to collapse. Girder -a main support member for the structure that usually receives loads from floor beams and stringers; also, any large beam, especially if built up. Hanger - a tension member serving to suspend an attached m e m b e r. Hinge - a point in a structure at which a member is free to rotate. Live load -vehicular traffic, wind, water; and/or earthquakes. Lower chord -the bottom horizontal member of a truss. Main beam -a beam supporting the spans and bearing directly onto a column or wall. Page 18 of 30 � Member —an individual angle, beam, plate, or built piece intended to become an integral part of an assembled frame or structure. Oscillation —a periodic movement back and forth between two extreme limits. An example is the string of a guitar that has been plucked. Its vibration back and forth is one oscillation. A vibration is described b y its size (amplitude), its oscillation rate (frequency), and its timing (phase). [n a suspension bridge, oscillation results from energy collected and stored b y the bridge. If a part of the bridge has to store more energy than it is capable of storing, that part will probably fail. Pier — a structure comprised of stone, concrete, brick, steel, or wood that supports the ends of the spans of a multispan superstructure at an intermediate location between abutments. A pier is usually a solid structure as opposed to a bent, which is usually made up of columns. Pile — a linear (vertical) member of timber, steel, concrete, or composite materials driven into the earth to carry structure loads into the soil. Pile bent —A row of driven or placed piles with a pile cap to hold them in their correct positions; see "Bent." Plate girder — a large, solid web plate with flange plates attached to the web plate by flange angles or fillet welds. Typically fabricated from steel. Post or column —a member resisting compressive stresses, in a vertical or near vertical position. Pre -cast girder —fabricated off site of Portland Cement Concrete, reinforcing steel and post- tensioning cables. These girders are shipped to the construction site by truck and hoisted into place by cranes. Reinforced concrete —concrete with steel rein- forcing bars bonded within it to supply increased tensile strength and durability. Scour —erosive action of removing streambed material around bridge substructure due to water flow. Scour is of particular concern during high- water events. Short span bridge -these bridges have a single WS span length of 20 feet or less. They are typically supported by timber p i l e s or shallow concrete footings. Soffit —the underside of the bridge deck or sidewalk. Spall — a concrete deficiency wherein a portion of the concrete surface is popped off from the main structure due to the expansive forces of corroding steel rebar underneath. This is especially common on older concrete bridges. Span —The distance between piers, towers, or abutments. Steel -A very hard and strong alloy of iron and carbon. Stringer —a longitudinal beam (less than 30 feet long) supporting the bridge deck, and in large bridges, framed into or upon the floor beams. Sufficiency rating -the sufficiency rating is a numeric value from I00 (a bridge in new condition) to 0 (a bridge incapable of carrying traffic). The sufficiency rating is the summation of four calculated values: Structural Adequacy and Safety, Serviceability and Functional Obsolescence, Essentiality for Public Use, and Special Reductions. Page 19 of 30 iw Substructure —the abutment, piers, grillage, or other structure built to support the span or spans of a bridge superstructure, and distributes all bridge loads to the ground surface. Includes abutments, piers, bents, and bearings. Superstructure — the entire portion of a bridge structure which primarily receives and supports traffic loads and in turn transfers the reactions to the bridge substructure; usually consists of the deck and beams or, in the case of a truss bridge, the entire truss. Tension — type of stress involving an action which pulls apart. Tie — a member carrying tension. Torsion — a twisting force or action. Truss bridge — a bridge having a pair of trusses for the superstructure. Upper chord -the top longitudinal member of a truss. Web -the portion of a beam located between and connected to the flanges. Welded joint — a joint in which the assembled elements and members are united through fusion of metal. Wheel rail —a timber curb fastened directly to the deck, most commonly found on all -timber bridges. Wing wall -walls that slant outward from the comers of the overall bridge that support roadway fill of the approach. 346 Page 20 of 30 Appendix "A" - 2016 Whatcom County Bridge Inventory; 161 Bridges (21 Short Spans) Bridge No. Bridge Name Year 8uiit Structure Length Structure Wldth Traffic ! (ADT} Detour LeVh 1 LITTLE SQUALICUM 1933 270 u 35 + 3796 2 2 MARIETTA SLOUGH 1978 105 32 3746 7 3 MARIETTA 1936 420 32.9 3746 7 5 PORTAGE SLOUGH 1997 90 42 3700 6 7 SLOUGH BRIDGE 1979 90 32.1 1099 6 8 Red River 1997 82 31 284 3 9 SILVER CREEK 1953 31 25.5 70 0 11 RED RIVER 1920 126 25.5 5592 5 12 SCHNEIDER DITCH 1950 19 21.3 230 99 13 BARRETT CREEK 1969 57 25.5 1316 3 14 TEN MILE CR 1924 38 25.8 1192 2 15 TEN MILE CR 1935 83 43.2 4900 3 16 TEN MILE CR 1986 80 31 441 3 17 TEN MILE CR 1933 61 25.5 1185 2 21 TEN MILE CR 1933 31 25.5 887 3 22 DAKOTA CR. 1930 31 25.7 167 4 29 TERRELLCREEK 2003 31 34 833 4 30 BERTRAND CR. 1938 126 33.1 1839 4 313 SWIFT CR 2017 31 17.2 223 4 35 CALIFORNIA CR 1956 169 32.6 951 4 36 DAKOTA CR. 1934 75 25.5 820 4 37 CALIFORNIA CR 1923 40 32 558 3 38 DRAYTON HARBOR 1933 104 25.5 5082 3 42 DAKOTA CR. 1995 131 31.1 275 4 43 BERTRAND CR. 1995 118 37.4 924 5 44 Bridge Way 1922 85 16 10 99 47 BERTRAND CREEK 1950 82 36 1251 6 50 BERTRAND CR 1934 69 32 2988 4 51 FISHTRAP CR 1988 36 17 120 2 53 RIVER ROAD 2004 50 23.8 125 99 56 BERTRAND CREEK 1949 83 27 9097 6 81 JACKSON RD. 1975 62 25.5 977 4 82 TERRELL CREEK 1987 50 46.9 2766 3 86 DAKOTA CREEK 1956 18 36 1245 3 87 DAKOTA CREEK 2005 53 37 1 729 4 88 S. FORK DAKOTA CR 2005 53 37 729 4 89 DAKOTA CR. 1950 31 25.5 644 3 Page 21 of 30 ,tm Bridge No. Bridge Name Year Built Structure Length Structure Width Traffic ADT ur Length 90 COUGAR CR 1947 19 50 25.5 25.5 433 2 91 DAKOTA CR TRIB 1906 150 4 92 DAKOTA CREEK 2000 55 32 720 4 94 COUGAR CR 1931 18 25.5 129 2 99 DRAINAGE DITCH 1932 19 25.5 190 5 101 CALIFORNIA CR 1949 31 25.9 365 3 102 CALIFORNIA CREEK 2004 31 25.5 190 4 105 MANLEY 2011 19 12.8 10 6 106 FRIDAY CR 1934 76 27 851 7 107 LAKE SAMISH 1953 251 29.9 955 7 115 HIGH BRIDGE 2006 228 37.5 2123 19 116 AUSTIN CREEK 2004 82 42.8 2481 7 119 BRANNIAN CREEK 2008 40 32.2 542 0 120 FIR CREEK 1944 20 25.5 545 0 121 DIVERSION CHANNEL 1944 20 25.5 545 0 124 NP RR 1955 126 31.4 120 5 125 Samish River 1998 69 32.3 114 3 126 INNIS CREEK 2007 40 24 103 3 127 SOUTH FORK 1998 276 31 250 99 130 JONES CR. 1951 31 25.9 338 0 131 MCCARTY CR 1975 70 23.8 338 99 132 HUDSON 1950 15 15 5 0 134 ANDERSON CR 1939 31 25.5 402 3 137 SMITH CREEK 1989 99 30.6 1010 99 138 HUTCHINSON CREEK 1945 31 25.5 337 21 139 MOSQUITO LK 1951 19 25 160 21 140 MIDDLE FORK 1915 423 16 117 21 141 PORTER CREEK 1936 31 25.5 135 21 142 JOHNSON CREEK 2004 24 0 337 21 143 BLACK SLOUGH 1934 19 25.6 170 99 147 BLACK SLOUGH 1934 31 21.3 66 4 148 SOUTH FORK 2015 360 30 700 99 149 SLOUGH 1934 76 25.5 636 99 150 LOW WATER CROSSING 1969 24 26 194 99 151 SIGITOWITZ CREEK 1950 31 25.5 250 0 157 HUTCHINSON CREEK 2005 72 32.2 818 21 159 DOREN RD 1958 19 29.5 224 3 162 OLSON CR 1_ DAKOTA CR TRIB 1940 1954 1 19 25.5 1171 99 163 31 1 25.5 1 813 L 5 Page 22 of 30 Bridge No. 164 Bridge Name DAKOTA CR Year Built 1950 Structure Length 31 Structure Width 25.5 _ 25.5 32.3 Traffic (ADT) 813 Detour Length 5 170 N. INNIS CREEK 1999 31 180 4 172 GN RR OVERPASS 1940 196 4200 1 173 HAYNIE CR 1956 38 25.5 820 4 174 SILVER CR 1958 19 21.3 194 99 201 SWIFT CR 1934 38 27 1425 6 204 TEN MILE CR 1934 38 25.5 372 5 206 SUMAS RIVER 1935 69 25.5 252 3 212 SAAR CREEK 2016 53 32.5 867 3 233 TEN MILE CR TRIB 1900 31 25.5 841 4 234 TEN MILE CR 1947 31 25.5 841 4 235 TEN MILE CR 1946 38 25.5 68 99 236 TEN MILE CR 1944 31 36 11198 5 237 FOUR MILE CREEK 1954 37 44 9411 6 240 TEN MILE CREEK 2012 40 32.2 645 3 242 SAAR CREEK 2004 104 29.7 118 3 244 SCOTT DITCH 1951 31 25.5 72 5 245 Scott Ditch 2009 77 42.7 8960 4 248 ANDERSON CR 1973 62 25.5 1316 4 249 ANDERSON CR 1958 69 30 150 4 2S0 ANDERSON CR 1958 31 30 80 0 252 NOOKSACK RIVER 1934 320 30 9332 12 256 ASSINK RD 1949 31 25.5 185 4 257 FISH TRAP CR 1950 31 27 300 5 258 KAMM SLOUGH 1956 19 25.5 838 5 261 Kamm Slough 2010 145 50 2400 4 263 FISH TRAP CR 1954 38 30.1 700 4 275 SQUAW CREEK 1963 19 25.5 866 4 277 ANDERSON CREEK 2005 53 40 4147 4 284 LIND 1955 31 25.5 50 99 288 SUMAS RIVER 1959 19 25.5 131 3 290 SUMAS RIVER 1932 31 25.5 125 3 291 SUMAS RIVER 1950 31 30 326 4 295 JOHNSON 1950 31 25.5 1031 2 302 JOHNSON CREEK 2010 53 32 240 5 303 SUMAS RIVER 1956 76 25.5 267 4 304 SUMAS RIVER 1993 60 32 263 3 306 308 SUMAS RIVER 1997 SUMAS RIVER 1947 75 31 267 4 69 25.5 61 2 Page 23 of 30 349 Bridge No. Bridge Name 309 SUMAS RIVER I Year Built 1932 Structure length 76 Stricture Width 25.5 Traffic (ADT) 269 Detour Length 2 310 SUMAS RIVER 1947 57 25.5 209 2 315 SUMAS RIVER 1954 82 25.4 700 4 319 SUMAS RIVER 1949 31 25.5 250 3 322 SLEASMAN SLOUGH 1935 31 21.3 131 99 324 SLEASMAN SLOUGH 1935 19 25.5 120 5 325 SAAR CR 1946 31 27 113 6 327 SUMAS RIVER 1917 152 27 206 4 328 SAAR CR 1966 31 29.7 524 6 329 LENHART RD BR 1953 31 21.5 30 99 331 SUMAS RIVER 1943 82 25.5 922 3 332 NORTH FORK 1930 210 28 800 22 334 CANYON CR 1 1937 80 27 1050 23 336 SWIFT CR 1935 82 27 1933 3 337 SQUALICUM CR 1934 19 21.5 58 99 347 JOHNSON CR 1955 31 21.3 40 99 348 DRAINAGE RELIEF 2002 12 23.5 172 40 349 JOHNSON CR 1945 47 29.3 567 2 406 SMITH CR 1974 _ 19 22 149 99 408 SMITH CR 1958 31 21.5 56 99 410 HENDRICKS CREEK 1967 60 23.4 62 1 411 SMITH CR 1945 20 29 260 2 413 DAKOTA CR 1965 31 25.5 1485 4 421 ROCKY CREEK 1956 180 33.2 911 2 422 SULPHUR CREEK 2010 112 33 916 99 423 SANDY CREEK 1957 127 31.3 916 99 494 SMITH CREEK OVERFLOW SOUTH FORK DAKOTA CREEK 1946 84 27.5 1112 2 495 1950 30 44.4 1500 4 497 BERTRAND CR TRIB 1950 21 30 1156 3 498 DAKOTA CREEK 2006 40 32 604 3 499 DAKOTA CREEK TRIB 1950 16 28 1434 4 500 DAKOTA CR 1928 335 31.5 1221 2 503 GOOSEBERRY FERRY SLIP 1950 70 13 1100 99 503A FERRY SLIP APPR 1950 158 23.8 1250 99 505 SKOOKUM CR 1980 101 26 100 99 506 JOHNSON CR 1 1944 1 72 14 25 99 Page 24 of 30 ME Bridge No. Bridge Name LUMMI ISLAND 507 FERRY SLIP i Year Built 1978 Structure Structure Length ; Width 96 17.5 Traffic (ADT) . 1100 Detour Lftth 99 507A FERRY SLIP APPR 1978 60 17.5 1250 99 508 JOHNSON CREEK 1996 53 20 30 99 509 ANDERSON CREEK 1954 31 22.7 50 99 510 GALLOP CREEK 1952 65 16.6 16 99 511 DEEP CREEK 2000 31 21.3 15 99 512 NOOKSACK RIVER 1957 246 32.6 11192 7 513 RED RIVER 1900 104 36 11365 7 346 BONE CREEK 1946 10 0 263 4 Page 25 of 30 351 Appendix "B" — 2016 Whatcom County Large Culvert Inventory Road Name Milepost Stream Name Shape Material Length Diameter ARNIE RD ASSINK RD 1.62 UNKNOWN BOX PCC CST 72 44 8 0.629 Unnamed SASH 7.5 BARBO RD 0.503 VAN VOLKENBERG CREEK RND PCC 51 5.0 BAY RD BIRCH BAY LYNDEN RD BLUE CANYON RD 4.540 9.080 UNNAMED ARCH CST 90 7.5 UNNAMED RND PCC 117 6.0 0.623 BLUE CANYON CR RND CST 41 5.0 BLUE CANYON RD BROWN RD CHASTEEN RD 0.973 UNKNOWN RND RND RND CST 57 58 5.0 6 0.9 TERRELL CR PCC PCC 0.499 UNNAMED 41 5.0 CLARKSON RD CLEARBROOK RD 0.4 Unnamed BONE CREEK �I RND RND PCC 77 6 2.304 PCC 37 42 6 CLIPPER RD CLIPPER RD 0.189 0.590 Unnamed Tingling Cr BOX PCC 6.0 BOX PCC 42 6.0 COAL CREEK RD COAL CREEK RD COAL CREEK RD 1.240 DAVIS CR RND RND CST 78 5.0 5.510 UNNAMED UNKNOWN Unknown Unnamed CST 51 5.2 0.790 RND SQSH f ARCH j k RND RND CST CST 61 36 5.0 CORNELL CREEK RD CUSTER SCHOOL RD CUSTER SCHOOL RD 0.360 9 2.270 CST CST CST 47 50 9.0 6 0.322 UNKNOWN DEWEY RD DEWEY RD 1.231 1.23 SQUALICUM CR SQUALICUM CR 73 6 RND CST 73 6 E LAKE SAMISH DR 1.239 BARNES CREEK BOX CPC 44 8.0 E LAUREL RD 0.400 Crystal Springs Cr ARCH CST 41 6.5 Page 26 of 30 352 1 Road Name E PRAIRIE RD E PRAIRE RD EAST RD FOX RD GILES RD GLENHAVEN DR GOODWIN RD GOODWIN RD GRAVELINE RD H STREET RD H STREET RD HAM RD HAMPTON RD HARVEY RD HAYNIE RD HILL RD HOIER RD IMHOFF RD ISLAND DR JONES RD KICKERVILLE RD KWINA RD LAKE LOUISE RD LAKE LOUISE RD LINDQUIST RD Milepost Stream Name 0.501 DOUBLE DITCH 0.499 DOUBLE DITCH 1- 0.136 DEER CR 1.21 UNKNOWN 0.104 Unnamed 0.119 SILVER CR 0.687 GOLD CREEK 3.178 DALE CR 0.486 SILVER CREEK 5.231 UNNAMED 0.737 JACKMAN DITCH 1.830 TARTE CREEK 4.785 JOHNSON CR 0.740 SPOONER CR 0.872 Unnamed 0.554 BONE CREEK 0.146 Unnamed 0.03 LUMMI RIVER 2.03 UNNAMED 4.63 ARNOLD SLOUGH 3.1 TERRELL CR 0.45 UNKNOWN 2.063 UNKNOWN 1.454 UNKNOWN 0.100 1 CARPENTER CREEK Page 27 of 30 Shape Material Length ` Diameter BOX BOX PCC PCC 58 58 6.0 6.0 RND CAL 60 5.0 RND ARCH BOX BOX RND CAL 43 6 CST PCC PCC 72 50 5.5 8.0 41 6 CST 71 6 RND CST 122 8 SQSH CST 50 6.0 RND CST 40 5.5 RND CST 44 6.5 RND PCC 98 6.5 RND CST 95 5.0 RND PCC 105 5.0 RND CST 41 7 RND PCC 84 6.0 SQSH CST 71 9 BOX PCC 40 6 RND CST 44 6 BOX PCC 67 8 BOX PCC 67 6 RND CST PCC 70 59 6.0 BOX 6.0 RND PCC 67 5.0 353 Road Name i Milepost Stream Name Shape Material length Diameter LINDSAY RD 4.42 LINNEL RD —0.307 i LOOMIS TRAIL RD 1.450 ! KINNEY CR I Unknown UNKNOWN RND SQSH CST CST 40 8 35 6 RND RND PCC 58 6 LOOMIS TRAIL RD 4.200 MCCLELLAND CR PCC 101 6.0 MASSEY RD MOSQUITO LAKE RD 0.375 GOODWIN CREEK Unnamed ARNOLD SLOUGH SCOTT DITCH UNNAMED UNNAMED UNNAMED RND RND CST PCC 29 6 0.808 60 5.0 NIMS RD NOON RD 0.43 RND CST 60 8 8.071 BOX PCC 51 6.0 NOON RD 6.721 2.537 0.379 ARCH CST 40 6.0 NOON RD NOON RD ARCH CST 44 7.5 RND CST 45 5.0 NOON RD 0.610 MCCORMICK CR BOX PCC 43 6.0 NOON RD NORTH FORK RD NORTH LAKE SAMISH RD NORTH RED RIVER RD 1.744 UNNAMED ARCH CST 50 7.5 0.948 Kenny Cr RND CST 87 5.0 0.8 1 FINNEY CR RND PCC 88 6 JORDAN CR RND CST 38 9 NORTH SHORE RD 2.990 CARPENTER CREEK RND PCC 65 6.0 NORTH TELEGRAPH RD NORTHWEST DR NORTHWEST DR NORTHWEST DR 0.895 KINNEY CR SILVER CR COUGAR CR SILVER CR RND CST 45 8 2.200 RND CST 191 6.0 7.730 RND SST 50 7.5 2.340 RND CST 103 6.0 NORTHWEST DR NORTHWEST DR OLD SAMISH RD 2.750 SILVER CR RND PCC 141 5.0 4.430 2.176 DEER CR CHUCKANLIT CR CHUCKANUT CR RND RND I RND CST 101 6.0 CST 94 6 OLD SAMISH RD 2.179 CST 94 6 Page 28 of 30 354 ERoad Name Milepost Stream Name ` Shape Material Length I Diameter PANGBORN RD 1.002 Unnamed BOX PCC 67 6.0 PANGBORN RD PARK RD 0.002 Unnamed BOX PCC 58 6.0 1.184 UNKNOWN — RND PCC 62 6 PARK RD 0.4 Unnamed MITCHELL CREEK UNKNOWN BOX SASH PCC 69 8 PEBLEY RD, PRIVATE END PORTAL WY 0.2 CAL 20 5.5 2.150 BOX PCC 92 6 PORTAL WY 4.120 UNKNOWN BOX PCC 66 8 RAINBOW DR 0.730 SILVER CR RND CAL 48 6.0 ROCK RD ROGER RD I ROY RD 2.853 ARNOLD SLOUGH SASH CST 59 8 0.100 Unnamed UNNAMED RND PCC 102 6.0 0.73 BOX PCC 43 6 SAMISH WAY 0.85 CHUCKANUT CREEK BOX PCC 115 8 SAND RD SILVER LAKE RD SLATER RD SORENSON RD 0.826 Unnamed SASH CST 48 7 4.220 Unnamed RND PCC 46 5.0 8.25 BEAR CREEK KINNEY CR RND PCC 98 6 0.933 RND CST 40 8 SOUTH PASS RD 2.854 BRECKENRIDGE CREEK BOX CPC ARCH CST SASH CST BOX PCC RND PCC SASH CST RND CAL RND CST 160 8 STEIN RD STICKNEY ISLAND STRAND RD SUNRISE RD SUNRISE RD SUNSET RD 1.170 Unnamed MORMON DITCH 40 5.5 1.999 48 9 1.153 3.533 Tinling Cr 24 6.0 NORTH FORRK DAKOTA UNNAMED 50 6.0 3.856 37 5.5 0.6751 0.774 SILVER CREEK Unnamed 102 8 6.0 SWEET RD THIEL RD 182 1.15 SCOTT DITCH BOX PCC 50 6 Page 29 of 30 355 1 Road Name Milepost Stream Name Shape Material Length Diameter THIEL RD TRUCK RD UNICK RD 1.556 SCOTT DITCH Unnamed RND RND PCC PCC 65 37 41 6 1.012 5.0 6 0.35 JORDAN CREEK BOX PCC VAN DYK RD 1.43 ELDER DITCH RND PCC 66 6 VAN WYCK RD VAN WYCK RD VISTA DR W AXTON RD 0.28 1.724 SPRING CREEK MCCORMICK CREEK UNKNOWN DEER CR DEER CR RND CST 90 9 RND CST 38 6 2.3 RND CST 71 7 0.751 0.750 RND RND PCC PCC 84 89 6.0 6.0 W AXTON RD W BADGER RD WILLIAMS RD 3.070 UNKNOWN Unnamed RND PCC 74 5.0 0.738 RND CST 41 5.0 Y RD 0.098 CARPENTER CREEK RND PCC 90 5.0 Page 30 of 30 356 PROPOSED BY: INTRODUCED: — RESOLUTION NO. WHATCOM COUNTY SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2018 THROUGH 2O23 WHEREAS, pursuant to RCW 36.81.121, Whatcom County is required to prepare and approve a Six -Year Transportation Improvement Program each year; and WHEREAS, pursuant to RCW 36.54.015, Whatcom County is required to prepare a Fourteen -Year Ferry Capital Program each year; and WHEREAS, the Road Priority Array and the Annual Bridge Report were made available to the legislative authority during the preparation of this program; and WHEREAS, following approval of the Six -Year Transportation Improvement Program, the law requires an annual review of the work accomplished under the program and a determination of current transportation needs; and WHEREAS, based upon the findings of the annual review, and after a public hearing, a Six -Year Transportation Improvement Program shall be approved; and WHEREAS, pursuant to RCW 36.81.121, the Six -Year Transportation Improvement Program and Fourteen -Year Ferry Capital Program must be consistent with the County comprehensive plan pursuant to RCW 36.70A; and WHEREAS, the Six -Year Transportation Improvement Program attached hereto as Exhibit "A" has been reviewed and determined to be consistent with the County's comprehensive plan; and WHEREAS, the Fourteen -Year Ferry Capital Program attached hereto as Exhibit "B" has been reviewed and determined to be consistent with the County's comprehensive plan; Page 1 357 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council as follows: 1. That the Whatcom County Six -Year Transportation Improvement Program for the years 2018 through 2023, which is attached hereto as Exhibit "A", including the capital elements of the first six -years of the Fourteen -Year Ferry Capital Program, which is attached hereto as Exhibit "B", is hereby approved. 2. That the County Engineer is directed to file a copy of the same with the County Road Administration Board and the State Secretary of Transportation. APPROVED this day of r 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Dan Gibson, Chief Civil Deputy Prosecutor Page 2 Barry Buchanan, Chair of the Council 358 u u o m m Z � � c m c c o 0 z Ntl3AIH1NOW m` n o 'a z 3131dWO3 31tl0 = Q w y NIA 403H MIN �oL) u u 0 3dA1 w 1tl1N3W a -NONIIIN3 LLI uF O J � N m 0 AS N N m J G Q N � O O w N 2 w � ` � R H � H 0 z wa. m LU Q0 o Y N N fY m G O )W N ce W N a 0 E $_ O7 V 1C ~ O O M o w O � d C N x H> Y O 6 w O w K y W E o q� m N ► ; N 7 m F O r�U <z CL Ew �LL z rw U, }}❑f�fff w% f~i1LL U (] m LUNn4 u031031 s1LVls 3SVHd NV9AlH1KOW 3SVHd 103fONd S3000 Ainin (•iwl H10N311tl101 snivis (s)3dAl 1NMMOMMI U U a E 0 �z ga f0 O �z O iwo � O F �O �° °rc� z E FLy E o o m af P: a 8 z a" U z Q w n E q 0 0 0 o f° P UU Ug urn a�i R c W MO -wit V o m L O, OO am fl fA fo O �i z o i c > z "ON 103fONd dIl 0) O SSV13 ONn1 Q U U N U N Y U YI Y U N } N ) YI Y N Y ° Z > N Nb Y� O Z N ) U G O 1 [ [ I 1711 M.O 42 rl If - v O v I i •O n O R YI Y] O ^ YI o N'. 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'm •.m: �m 3 Mm. m: m m N m •N m .m N N N_ N 'N N -gym N :�^ M :m: N N .m N N P � � � Imo. N W; Z CLot0 W; Z .� arcc) W Z azoF W; Z .q. amUF W; Z a0 W amQF 2 .A. W; Z .Ro aWOF W; Z bR a¢OF vmi d m y m In m LL y y N 0 g "> 5 w 0 n `o E y d c o E S = a O O E c a V u y h m H w ii O °v—' a v r o vyy v ° o m m o Y v c o ° n .q En o .c s y o cm A o C E o .3 a o > Q C> 7 Q N> o Z > R. ii> m m> (O 'mm LL'> 0 0 0 0 0 0 ml U 363 EXHIBIT "B" WHATCOM COUNTY 2018-2031 FOURTEEN -YEAR FERRY CAPITAL PROGRAM 364 Overview This program provides a blueprint for the effective, efficient, and continuing operation of the Whatcom County Ferry System within existing financial constraints. Capital improvements are scheduled based on many years of experience operating and maintaining the system, while complying with applicable regulations. Inevitably, priorities and available funds for the ferry system will change over the fourteen years projected in this program. Therefore, the intention of the program is to be a guide indicating long-range improvements and anticipated revenues and expenditures. Strict adherence is not required. Enacted in 1975, Revised Code of Washington (RCW) 36.54.015 states "The legislative authority of every county operating ferries shall prepare, with the advice and assistance of the county engineer, a fourteen year long range capital improvement plan embracing all major elements of the ferry system. Such plan shall include a listing of each major element of the system showing its estimated current value, its estimated replacement cost, and its amortization period." Table 1: Ferry System Current and Replacement Values — meets applicable requirements, showing the current value, replacement cost, and amortization periods for the vessels and facilities. The current value of the MN Whatcom Chief is the insured value, the closest approximation of true worth. The facilities' current value is book value; original cost less depreciation plus depreciated improvements. RCW 36.81.121 (1) states "...the legislative authority of each county, after one or more public hearings thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years .... and for those counties operating ferries shall also include a separate section showing proposed capital expenditures for ferries, docks, and related facilities. Copies of the program shall be filed with the county road administration board and the secretary of transportation not more than thirty days after its adoption by the legislative authority..." Subsection (2) requires expanded information on how a county will spend all its money on the various facets of the transportation program. This RCW Section was enacted in 1961. The capital expenditure portion of Subsection (1) is satisfied by: Table 2: Projected Revenues defines the known and/or anticipated sources of operating and capital project funding for the 14-Year Plan. Table 3: Projected Expenditures includes all other expenditures on the system that meet Subsection (2) requirements. Operational expenditures are delineated -2- 365 between vessel and non -vessel costs. U.S. Coast Guard regulations currently require the ferries to be dry-docked every two years, however to extend the life, improve reliability and protect our capital investment Whatcom County schedules dry-docking every year for its vessel. The landings are inspected regularly as required by the National Bridge Inspection Standards administered through the Washington State Department of Transportation. The inspection report helps identify and schedule major maintenance and replacement of these facilities. This RCW section also provides the reporting requirement and timing of program submission, as well as establishing the annual update requirement. Additionally, the Federal Highway Administration requires all agencies within a Metropolitan Planning Organization to develop and annually update the long range Transportation Improvement Plans and their Biennial Element. Whatcom County updates this 14-Year plan each year and incorporates the results into the Six -Year Transportation Improvement Program. Major Project Analysis A level of service and alternatives analysis for the vessel and Gooseberry Point terminal relocation will be completed in 2018. In 2019, preliminary plans will be developed for the replacement of the approach span and transfer span deck on Lummi Island. Major Maintenance/Reconstruction Electrical Upgrades The Gooseberry Point terminal electrical system was overhauled and updated in 2017 with minor improvements to the newer Lummi Island electrical system. Structural Reaair and Paintin Structural steel repair and painting of both the Gooseberry Point and Lummi Island terminals is anticipated for construction in 2018. Dolphin & Breakwater Replacement Engineering and design to replace the remaining timber dolphins and breakwater at the Lummi Island terminal with steel structures will continue in 2018. Construction will be scheduled as funding and operational periods allow. Vessel Dry -Docking US Coast Guard regulations require periodic inspections of all ferry vessels. In addition to yearly certifications, each vessel is required to be dry-docked every two years, with an underwater hull survey required as part of the annual certification between dry dockings. Whatcom County schedules dry-docking every year. The engine overhaul, vessel painting, hull repairs, and other major -3- 366 and minor repairs occur during dry-docking. Propulsion engine overhauls occur every third year. Generator engines are overhauled on a six -year cycle. Engines are replaced every ten to twelve years. Every three to five years, a vessel survey is conducted to assess the vessel's overall condition (last valuation was in 2014), establish the fair market value, estimate replacement cost, and provide a detailed hull strength assessment. This survey is used in part to determine the requirements for hull plating and framing replacement, and is also a requirement of the current insurance carrier. Minor Maintenance General minor maintenance is continual on the ferry, landings, aprons, approaches, and waiting facilities. The costs and extent of the work is unpredictable, and frequently problems must be repaired immediately upon detection. Routine maintenance such as building painting and roof cleaning is more predictable and scheduled in advance. History of the Ferry System) The ferry system is the only public transportation link for the majority of Lummi Island residents and vehicles to the mainland at Gooseberry Point. In the event of an emergency ferry outage or mechanical failure, the County has contracted pedestrian only ferry services while the vessel is being repaired. Following is a brief chronology outlining the history of the Whatcom County Ferry System. YEAR EVENT 1926 Lummi Shore Road from Bellingham was completed and a ferry, the Central, owned by Whatcom County and large enough to hold six small Model-T Fords started making scheduled runs between Lummi Island and Gooseberry Point. 1929 The slightly larger Chief Kwina replaces the Central. 1950 Gooseberry Point terminal built. 1962 The MN Whatcom Chief begins service. 1978 Lummi Island terminal is relocated. 1982 New lift mechanism installed on transfer span at Lummi Island. Gooseberry Point pier refurbished 1987 Gooseberry Point Transfer span, wing walls and dolphins replaced 1997 Major refurbishment of Gooseberry point landing accomplished 2002 20-Year Plan Phase 1 Process and report completed. 2005 Major Status Report on Ferry System 2006 Lummi Island Dock preservation project (Bearing Seats Rebuild). Major corrosion repair to vessel hull. -4- 367 IFERRY SYSTEM CURRENT AND REPLACEMENT VALUES - 2017 VESSELS M/V Whatcom Current Statistics Chief LENGTH (ft) 94 BEAM (ft) 44 DISPLACEMENT (tons) 78 YEAR BUILT 1962 CAPACITY — Passengers 100 CAPACITY — Cars 20 CURRENT INSURED VALUE - 2017 $910,000 TOTAL CURRENT VALUE - 20171" Replacement Statistics YEAR 2015 CAPACITY -- Passengers 100 CAPACITY — Cars 20 REPLACEMENT VALUE - 2017(2) $5,997,834 I I V I AL - KEPLAGEM ENT VALUE - 2U15 FACILITIES $910,000 AMORTIZATION SCHEDULED REPLACEMENT BOOK LOCATION YEAR BUILT YEAR VALUE(4) Lummi Island Landing Transfer Span and Dock Dolphins/W ingwall(3) Parking Lots Passenger Waiting/Office Subtotal - Lummi Island Landing Gooseberry Point Landing Transfer Span and Dock Dolphins/W ingwall(3) Subtotal - Gooseberry Point Landing 1982 2022 $195, 1978 2018 $938, 2005 2045 $50, 1978 2018 $10, $1,193, 1987 2027 $326,000 2013, 2014 2053, 2054 $2,778,235 $3,104,235 $5,997,834 IDP ADJUSTED REPLACEMENT VALUE 2016 $990,000 $3,561,000 $94,350 $27,750 $4,673,100 $361,860 I U I AL FAGILITIE5 VALUE 1 $4,297,304 TOTAL VESSEL & FACILITIES VALUE $5,207,304 NOTES: (1) Current Insured Value (2) Appreciated Columbia Sentinel Engineers (2014) Replacement Value + IDP Adjustment C33 Replace with Steel Pilings, estimation of replacement value due to recent replacement timeframe 14! Estimated using a 40-year life and straight-line depreciation (including depreciated improvements; $5,401, $10, 074, $16, 072, 368 -6- Lummi Island Ferry 14-Year Capital Program All $ in 000's Revenues 2018-2024 Category 2017 2018 2019 2020 2021 2022 2023 Punch Card Fares (3) Cash Fares (4) (Memo 55% of Operating Cost) (1) MVFT Deficit Subsidy $1,172 293 $1,203 301 $1,235 309 $1,267 317 $1,300 $1,334 $1,369 325 334 342 1,465 1,504 1,544 1,584 1,626 1,668 1,712 275 275 275 275 275 275 275 County Road Fund Subsidy 1,281 1,311 1,342 1,374 1,407 1,441 1,475 1,385 - 10 - - - - Total Revenues 4,406 3,090 3,171 3,233 3,308 3,384 3,462 Total Expenditures (2) 4,231 2,914 2,993 3,054 3,127 3,201 3,278 Net Unfunded (175) (177) (178) (179) (181) (182) (184) Lummi Island Ferry 14-Year Capital Program All $ in 000's Revenues 2025-2031 Category 2025 2026 2027 2028 2029 2030 2031 Punch Card Fares (3) $1,405 $1,441 $1,480 $1,518 $1,558 $1,600 $1,641 Cash Fares (4) 351 360 370 379 390 400 410 (Memo 55% of Operating Cost) (1) 1,756 1,802 1,850 1,897 1,948 2,001 2,051 MVFT Deficit Subsidy 275 275 275 275 275 275 275 County Road Fund Subsidy 1,510 1,546 1,584 1,622 1,662 1,703 1,743 Total Revenues 3,542 3,623 3,709 3,794 3,885 3,979 4,069 Total Expenditures (2) 3,357 3,436 3,521 3,603 3,692 3,785 3,873 Net Unfunded (185) (187) (189) (190) (192) (194) (196) Note 1: After Subtracting the MVFT Deficit Subsidy. Budgeted for 57% fare recovery based on historical Note 2: As Shown On Table 2, including capital expenditures Note 3: Equal to 80% of Fares Note 4: Equal to 20% of Fares -7- 369 Lummi Island Ferry 14-Year Capital Program All in 000's Table 2 Expenditures 2018-2024 Page 1 Category 2018 2019 2020 2021 2022 2023 2024 Operating Expenses Vessel Operations Personnel 1,332 1,359 1,386 1,414 1,442 1,471 1,500 Fuel & Operating Supplies 708 729 751 774 797 821 845 Insurance 60 62 64 66 68 70 72 Other Operating Expenses 132 137 143 148 154 161 167 Total Vessel Operations 2,232 2,287 2,343 2,401 2,461 2,522 2,584 Other Operations Administration 208 212 216 221 225 230 234 Parking Lots/Staging Lummi Island 37 38 38 39 40 41 42 Gooseberry Pt. 14 14 15 15 15 15 16 Docks Lummi Island Gooseberry Pt. Total Operating Expenses Capital Expenditures 53 331 3,125 I 55 345 3,276 _ 49 50 51 52 54 306 312 318 325 338 2,846 2,913 2,982 3,053 3,199 Major Vessel Upgrades 5 - 10 - - - - Gooseberry Point Docks 630 - - - - - - Staging - - - - - - -- Parking - Lummi Island Docks 750 - - - - - - Staging - - - - - - - Parking - - - - - - - Total Capital Program Costs 1,385 0 10 0 0 0 0 Total Costs 4,231 2,913 2,992 3,053 3,125 3,199 3,276 W11 Lummi Island Ferry 14-Year Capital Program All in 000's Table 2 Expenditures 2024-2030 Page 2 Category 2025 2026 2027 2028 2029 2030 2031 Operating Expenses Vessel Operations Personnel 1,530 1,561 1,592 1,624 1,656 1,689 1,723 Fuel & Operating Supplies 871 897 924 951 980 1,009 1,040 Insurance 74 76 78 81 83 86 88 Other Operating Expenses 174 1811 188 195 203 209 216 Total Vessel Operations 2,648 2,714 2,782 2,851 2,922 2,994 3,067 Other Operations Administration 239 244 249 254 259 264 269 Parking Lots/Staging Lummi Island 43 43 44 45 46 48 49 Gooseberry Pt_. 16 17 17 18 18 19 19 Docks Lummi Island Gooseberry Pt. Total Operating Expenses Capital Expenditures 56 57 359 3,433 59 60 61 62 63 351 366 373 380 388 396 3,354 3,517 3,599 3,688 3,775 3,863 - Major Vessel Upgrades - - - - - - Gooseberry Point Docks - - - - - - - Staging - - - - - - - Parking - - - - - - - Lummi Island Docks - - - - - - - Staging - - - - - - - Parking - - - - - - - Total Capital Program Costs - - - - - - Total Costs 3,354 3,433 3,517 3,599 3,688 3,775 3,863 -9- 371 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-196A CLEARANCES Initial Date Date Received in Council Once Agenda Date Assigned to: Originator:- JPR '� i itr i a V -, V) 4>, 711112017 Council - Introduction Division Head: JPR ��y 7/2S/2017 Council — Hearin t.It— t Dept. Head: ��g% 8/8/2017 PW / Council 061a hl Prosecutor-J�J� � WHXI-C COUNTY N Purchasing/Budget: Ale COUNCIL ® Executive:40 TITLE OF D NT: An Ordinance Regarding Establishment of Speed Limits on portions of North Shore Road ATTACHMENTS: 1. Memo to County Executive and County Council Z Vicinity Map 3. Petition to Reduce Speed 4. Speed Limit Ordinance SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a (X) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO hearing? Requested Date: 712512017 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.) To comply with RCW 46.61.415, at the direction of the County Council, it is found necessary and expedient to modify speed limits on portions of North Shore Road COMMITTEE ACTION. COUNCIL ACTION. 8/8/2017: Held in Committee 7/11/2017: Introduced 7-0 7/25/2017: Held in Committee 8/8/2017: 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.uslcouncil. 372 WHATCOM COUNTY 4QOM co` Joseph P. Rutan, P.E. PUBIC WORKS DEPARTMENT �� ?� County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Jon Hutchings \ Phone: (360) 778-6210 Director �4S�yiNc0 VU Fax: (360) 778-6211 Memorandum To: The Honorable Jack Louws, County Executive, and Honorable Members of the Whatcom County Council Through: Jon Hutchings, Directgq, From: Joseph P. Rutan, P.E., County Engineer/Assistant Directcl Date: May 31, 2017 Re: Ordinance Regarding Change of Speed Limits for North Shore Road Requested Action: Adoption of an ordinance to lower the speed limit on portion of North Shore Road from 40 mph to 35 mph. Background and Purpose: North Shore area residents have submitted a petition to lower the speed limit on a portion of North Shore Road east of Y Road from the existing 40MPH to 30MPH (see attached). The Public Works Department supports a speed limit reduction and would like to keep the speed limits consistent in the area. The speed limit on North Shore Road from the Bellingham City limits to Y Road is 35MPH. To be consistent we recommend the speed limit be changed to 35MPH from Y Road to the east end of North Shore Road. 373 SPONSORED BY: PROPOSED BY: Public Works - Engineering INTRODUCTION DATE: 7/11/2017 ORDINANCE NO._ __ AN ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF NORTH SHORE ROAD WHEREAS, the Whatcom County Council is authorized under RCW 46.61.415 to establish speed limits on certain County roads; and WHEREAS, a request to lower the speed limit on North Shore Road by local residents; and WHEREAS, the County Road Engineer has agreed that it is necessary to formally establish a new speed limit on North Shore Road; and NOW, THEREFORE, BE IT ORDAINED that a speed limit be set and posted at 35 miles per hour at the following locations: On North Shore Road, from the intersections of Y Road to the east end of the road. BE IT FURTHER ORDAINED that the County Engineer is hereby directed to post the appropriate signs and that the Whatcom County Sheriff and the Washington State Patrol be notified by a copy of this ordinance. Provisions of this ordinance are hereby added to Whatcom County Code, Section 10.04. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: a;j L Civil Deputy Prosecutor , 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair ( ) Approved ( ) Denied Jack Louws, Executive Date: 374 375 May 2, 2017 AY-521 Joe Rutan County Engineer/Assistant Director Whatcom County Public Works 322 N Commercial Street, Ste 210 Bellingham, WA 98225 Re: Northshore Road speed limit reduction Dear Mr. Rutan, As a concerned resident of Northshore Road I respectfully submit the attached petition for your consideration.. The petition, signed by local residents and Lake Whatcom trail -goers, seeks to reduce the speed limit on Northshore Road from 40 mph to 30 mph from the Y Road intersection to the end of Northshore Road due to safety concerns (please see attachment). This 2.6 mile portion of Northshore Road has approximately 135 homes and is the only section of the road that is posted at 40mph. From the 2700 block to the end of Northshore Road, almost half of these residents (61) must cross the road to access the waterfront. Recognizing that varying speed limits on the same roadway may cause confusion, this petition seeks to reduce the speed limit for the final portion of a dead-end road and would therefore not create that issue. Lake Whatcom and the Ken Hertz Trail are beautiful and unique resources that should be available and enjoyed by all citizens. It is neither my intention, nor the neighbors', nor the trail -goers who signed the petition to limit access or stifle the development of the park in any way. However, it is our intention seek a permanent decrease in the speed limit to better handle the current and steadily increasing traffic flow to ensure reasonable safety for all residents and users of Northshore Road and to avoid potential accidents. I appreciate your time and look forwarding to hearing from you. Thank you for your consideration. Sincerely, lie Elsbree f 2970 Northshore Road r 360-319-5683 Attachments Northshore Road safety concerns — list Signed petition (2 pages) 376 Northshore Road safety concerns Attachment to petition to reduce speed limit • Residents must cross Northshore Road in order to access the waterfront • Numerous users; runners, walkers, bicyclists, pets, wildlife and Ken Hertz park -goers compete for space on a road with minimal or no shoulders • Vehicles pulling out onto Northshore Road, experience in some cases, very limited site distance requiring entry into fast-moving traffic • Use of Lake Whatcom and the Ken Hertz Trail continues to grow (2014 >44,000 visitors annually; 2015>54,000 visitors)* • Whatcom Park Recreation Trail Plan increased Lake Whatcom Park by 4,593 acres; visitor use at full build -out is projected to be 100,000 annually* • Use of the park, and thus traffic, is anticipated to continue to grow regardless of trail development due to a local shortage of publically accessible freshwater shoreline* * Source - Whatcom County Parks & Recreation/Trail Plan -Lookout Mountain Forest Preserve and Lake Whatcom Park Recreational Trail Plan, June 2016 377 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-262 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy Rydel RR Af 8123117 111 Lf%((,-.-;z't� 1 9112117 / Public Work/ Council Division Head: Dept. Head: Jon Hutchings r F Prosecutor: ��/ pl7 001111 / Dan Gibson W l T COUNTY Purchasing/Budget: ®�®.� Brad Bennet COUNCIL Executive: Jack LowsAtIt I I TITLE OF DO Resolution authorizing preparation of a re -assessment roll for the Emerald Lake Lighting District # ATTACHMENTS. Proposed resolution and memo. SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes (x) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This resolution sets aside the current assessment roll for the Emerald Lake Lighting District #7, dated November 19th, 1987, and directs Public Works to complete a roll re -assessment. Additionally, this resolution will establish a hearing date of October 24th, 2017, with the Council acting as the Board of Equalization to affirm the re -assessment as just and equitable. The Emerald Lake Lighting District pays the electrical bill for street lights within the district. Rising electrical costs have finally exceeded the annual assessment allowed under the 1987 rate cap. The re -assessment will establish a new rate cap allowing for continued full payment of the electrical bills in 2018 and beyond. 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. Kam:] WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings DIRECTOR TO: Jack Louws, County Executive 4GpM 'COG ��P tia �9SH1N��0 THROUGH: Jon Hutchings, Public Works Director FROM: DATE: RE: Joe Rutan, County Engineer Randy Rydel, Financial Services Manager August 23, 2017 RID #7, Emerald Lake Li2htin2 District Requested Action: Administration Civic Center 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6217 www.whatcomcou t us ]Hutch ings@co. whatcom. wa. us The Department of Public Works requests that the attached resolution be introduced at the September 12th, 2017 Council meeting. This resolution sets aside the current assessment roll for the Emerald Lake Lighting District #7 dated November 19th, 1987 and directs this office to complete a roll re -assessment. The roll is prepared by Public Works; and therefore should not burden the County Treasurer. Additionally, Public Works is prepared to assist the Deputy Clerk of the Council in processing the hearing notices. Timeline: 9/12/2017 Resolution authorizing the preparation of a reassessment roll for this district and setting the public hearing date of 10/24/2017 9/26/2017 Resolution confirming council's acceptance of the reassessment roll 10/24/2017 Council action as Board of Equalization affirming the roll to be just and equitable Background and Purpose: Emerald Lake Lighting District needs re -assessment in order to maintain sufficient funds to continue operating beyond 2017. The assessment is currently capped by the 1987 Ordinance No. 87-72 establishing the district. When a cap increase becomes necessary, it has been council practice to set aside old assessment rolls and request a review of the proposed new rolls, before moving on to increase the cap. Prior to new rolls being confirmed, there will also be a public hearing per RCW 36.88.090 before the County Council, acting as the County Board of Equalization. Please contact Randy Rydel at extension 6217 if you have any questions or concerns regarding this matter. Encl. cc: Dana Brown -Davis Brad Bennett 379 PROPOSED BY: Public Works INTRODUCTION DATE: 9/12/2017 RESOLUTION NO AUTHORIZING THE PREPARATION OF A REASSESSMENT ROLL FOR PROPERTY WITHIN THE BOUNDARIES OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 7 (EMERALD LAKE LIGHTING DISTRICT) WHEREAS, on November 19th, 1987, after a public hearing was duly held as provided for in RCW 36.88.090, the Whatcom County Council established the Emerald Lake Lighting District (RID #7) and certified the assessment roll of the district, showing the schedule of apportionment of cost of the Emerald Lake Lighting District; and WHEREAS, it has been determined that the total amount of assessment collected on said roll is not equal to the cost of the present lighting system; and WHEREAS, it is deemed advisable by the Whatcom County Council to set aside said assessment roll as approved on November 19th, 1987, and authorize the preparation of a reassessment of property within the boundaries of said Lighting District. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the assessment roll for Whatcom County Road Improvement District No. 7 shall be set aside and a reassessment of all property within said District is hereby ordered; such assessment shall be prepared by the Whatcom County Engineer and assessment shall be made by the per parcel method, which is deemed by this Council to be the most practicable and equitable under the conditions prevailing. BE IT FURTHER RESOLVED that this and succeeding annual assessments will be based on a Whatcom County Department of Public Works fee of $2.00 per account per year and the actual cost of maintenance and power charges of Puget Sound Energy, but shall not exceed $20.00 per parcel. BE IT FURTHER RESOLVED that the County Council anticipates receipt and acceptance of the new proposed assessment roll on or about September 26, 2017. Page 1 BE IT FURTHER RESOLVED that a resolution confirming the assessment roll and certifying it to the County Treasurer for collection will be introduced at the Council's September 26, 2017, meeting. BE IT FINALLY RESOLVED that a public hearing on the certification resolution will be scheduled before the County Council, acting as the County Board of Equalization, on October 24, 2017. APPROVED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Barry Buchanan, Council Chair Daniel L. Gibson, Chief Civil Deputy Prosecutor Page 2 381 Randy Rydel From: Daniel Gibson Sent: Friday, August 11, 2017 4:29 PM To: Randy Rydel Subject: RE: Birch Bay Lighting District Assessment Cap increase Attachments: Lighting District Memo - Birch Bay.docx; Lighting District Resolution 1 - Birch Bay.docx; Lighting District Resolution 2 - Birch Bay.docx; Lighting District Memo - Emerald Lake.docx; Lighting District Resolution 1 - Emerald Lake.docx; Lighting District Resolution 2 - Emerald Lake.docx Follow Up Flag: Flag Status: Flag for follow up Flagged Randy: Please see the attached documents that I have reviewed, modified very slightly on some grammatical matters, and approved. From: Randy Rydel Sent: Thursday, August 10, 2017 1:05 PM To: Brad Bennett; Daniel Gibson Subject: Birch Bay Lighting District Assessment Cap increase Brad and Dan, Our Birch Bay Lighting District has assessments capped at $0.30 per lineal front foot. This no longer collects enough revenue to pay the rising electricity bills. I aim to raise the cap and think that I have stumbled upon the correct way to do it following the resolutions used to increase the cap for the Marineland Lighting District in 2009 (Res. 2009-054, Res. 2009-058, Res. 2009-065). I would love to get your input on whether the attached resolutions are the right way to go. One thing that I found with this is that the Emerald Lake lighting district assessment cap was set in the creation ordinance (Ord. 87-72). Does this mean to update the cap we would need to open up that ordinance? Additionally, I cannot find the creation ordinance for the Birch Bay Lighting District. It seems that it was sometime prior to 1975 as that is when the first re -assessment was completed. Therefore, I do not know if this cap resides in an ordinance or the subsequent resolutions. I am open to suggestions on these though they do need to be completed prior to year-end so that the new assessments can go out with 2018 tax bills. Randy Randy Rydel, CPA ( Financial Services Manager 1 360-778-6217 Whatcom County Public Works RRydel@co.whatcom.wa.us I www.whatcomcounty.us/PublicWorks Information sent via the Internet may be subject to disclosure under the Public Records Act. Whatcom County cannot guarantee that e-mail messages will remain private. 12:48 PM 8/23/2017 12:48 PM M WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-263 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy Rydel RR 8123117 " � V l ) (( I 9112117 Public Works /Counci Division Head: Dept. Head: Jon Hutchings Prosecutor: Dan Gibson p�� W ➢ TCOM COUNTY Purchasing/Budget: / ) I1 y Brad Bennet COUNCIL Executive: Jack Lows TITLE OF D ENT.Resolution authorizing preparation of a re -assessment roll for the Birch Bay Lighting District #1 ATTACHMENTS. Proposed resolution and memo. SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes (x) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This resolution sets aside the current assessment roll for the Birch Bay Lighting District #1, dated November 21 st, 1985, and directs Public Works to complete a roll reassessment. Additionally, this resolution will establish a hearing date of October 24th, 2017, with the council acting as the Board of Equalization to affirm the re -assessment as just and equitable. The Birch Bay Lighting District pays the electrical bill for street lights within the district. Rising electrical costs have finally exceeded the annual assessment allowed under the 1983 rate cap. The re -assessment will establish a new rate cap allowing for continued full payment of the electrical bills in 2018 and beyond. COMMITTEE ACTION.• COUNCIL ACTION. Related County Contract #. Related File Numbers: Ordinance or Resolution Number: rCoNote: Once adopted and signed, ordinances and resolutions are availablefor viewing andprinting on unty's website at. www.co.whatcom.wa.us/council. 383 WHATCOM COUNTY AaoM co PUBLIC WORKS DEPARTMENT )on Hutchings DIRECTOR gSNtNG�0� TO: Jack Louws, County Executive THROUGH: Jon Hutchings, Public Works Director FROM: Joe Rutan, County Engineer Randy Rydel, Financial Services Manager -- DATE: August 23, 2017 RE: RID #1, Birch Bay Lighting District Requested Action: Administration Civic Center 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6217 www.whatcomcoy it us /Hutchings@co. whatcom. wa. us The Department of Public Works requests that the attached resolution be introduced at the September 12th, 2017 Council meeting. This resolution sets aside the current assessment roll for the Birch Bay Lighting District #1 dated November 19th, 1987 and directs this office to complete a roll re -assessment. The roll is prepared by Public Works, and therefore should not burden the County Treasurer. Additionally, Public Works is prepared to assist the Deputy Clerk of the Council in processing the hearing notices. Timeline: 9/12/2017 Resolution authorizing the preparation of a reassessment roll for this district and setting the public hearing date of 10/24/2017 9/26/2017 Resolution confirming council's acceptance of the reassessment roll 10/24/2017 Council action as Board of Equalization affirming the roll to be just and equitable Background and Purpose: Birch Bay Lighting District needs re -assessment in order to maintain sufficient funds to continue operating beyond 2017. The assessment is currently capped by the 1985 Resolution No. 85-56 re -assessing the district. When a cap increase becomes necessary, it has been council practice to set aside old assessment rolls and request a review of the proposed new rolls, before moving on to increase the cap. Prior to new rolls being confirmed, there will also be a public hearing per RCW 36.88.090 before the County Council, acting as the County Board of Equalization. Please contact Randy Rydel at extension 6217 if you have any questions or concerns regarding this matter. Encl. cc: Dana Brown -Davis Brad Bennett PROPOSED BY: Public Works INTRODUCTION DATE: 9/12/2017 RESOLUTION NO. AUTHORIZING THE PREPARATION OF A REASSESSMENT ROLL FOR PROPERTY WITHIN THE BOUNDARIES OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 1 (BIRCH BAY LIGHTING DISTRICT) WHEREAS, on October 20th, 1983, after a public hearing was duly held as provided for in RCW 36.88.090, the Whatcom County Council established the Birch Bay Lighting District (RID #1) and certified the assessment roll of the district, showing the schedule of apportionment of cost of the Birch Bay Lighting District; and WHEREAS, on November 215t, 1985, after a public hearing was duly held as provided for in RCW 36.88.090, the Whatcom County Council certified a re -assessment roll of the district to cover increased expenses; and WHEREAS, it has been determined that the total amount of assessment collected on said roll is not equal to the cost of the present lighting system; and WHEREAS, it is deemed advisable by the Whatcom County Council to set aside said assessment roll as approved on November 21St, 1985, and authorize the preparation of a reassessment of property within the boundaries of said Lighting District. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the assessment roll for Whatcom County Road Improvement District No. 1 shall be set aside and a reassessment of all property within said District is hereby ordered; such assessment shall be prepared by the Whatcom County Engineer and assessment shall be made by the lineal front foot method, which is deemed by this Council to be the most practicable and equitable under the conditions prevailing. BE IT FURTHER RESOLVED that this and succeeding annual assessments will be based on a Whatcom County Department of Public Works fee of $2.00 per account per Page 1 385 year and the actual cost of maintenance and power charges of Puget Sound Energy, but shall not exceed $0.75 per lineal front foot. BE IT FURTHER RESOLVED that the County Council anticipates receipt and acceptance of the new proposed assessment roll on or about September 26, 2017. BE IT FURTHER RESOLVED that a resolution confirming the assessment roll and certifying it to the County Treasurer for collection will be introduced at the Council's September 26, 2017, meeting. BE IT FINALLY RESOLVED that a public hearing on the certification resolution will be scheduled before the County Council, acting as the County Board of Equalization, on October 24, 2017. APPROVED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Barry Buchanan, Council Chair yo Altwzlo�_ s Daniel L. Gibson, Chief Civil Deputy Prosecutor Page 2 2016-276K C �! ri+i S C�utwf Bate Date Ieceived in Council Cf' £ee Agenda Date <4ssizased to: Originator: ClffRrong 3/2&2!117 WW2017 � COTW Division ffeaci: Mark Personius 3/Z2117'7 ++� (E (�� ' E (f11 k L� �1 !!� 4/18/2017 COTW Dept Head: Sam Ryan 312912017 5/2/17 COTW Prosecutor.• RoyceBuckineham 5/16/2017 COTW Purchasingl8udget: YVti H A i C O N1 .COUNTY ;Inn s , kd 5/30 2017 COTW Executive: qa 1 L Jaclt Louws 6/13/2017 I COTW Tom' E DiL �°� � Agenda Bill continued on next page 2016 Critical Areas, Ordinance Update r �rl f of -certain questioaa, ci on menu, and suggestions by Council m�nbers, ATTACHMENTS: (all current and past materials provided to the Council can be found at http://www.whatcomcounty.us/2417/County-Council-Review SE,PAxr�eioensrau�c+i[ (<?6 36a f X ), •VU SE r4 rani coax. term` t% <, )j f' )i 49,W- SW4DI": SUMAL4RY 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. + �'i3i351i3 4' `d"R C`T,Fc C19UNC`K "It C71M _ - - 4/4/2017: Discussed and amended 4/18/2017: Discussed and amended 5/2/2017: Amended and discussed 5/16/2017: Discussed and amended AGENDA BILL CONTINUED ON NEXT PAGE 5/30/2017: Presented, discussed and amended 6/13/2017: Discussed, amended, and approved a motion t request staff to identify and engage all relevant stakeholders to come up with a recommendation for a feedback loop in CARAs Related Coginty con&acr #: A--hited -Fle il+umbers: f3r6[ MIMce ar Aesol w&% iYuMber: Please lVaa: Once adeptecd sated s4a;wit orris; otces and re.vodudons are, av ailrablej,�e vie ving -cm d,axWing on the County's rvelasite at www.eo. w1ja1Com. rvg u51rvu.racad WHATCOM COUNTY COUNCIL AGENDA BILL Page Two AB2017-276K 2016 Critical Areas Ordinance Update Review of certain questions, comments, and suggestions by Council members COMMITTEE ACTION.• 6/27/2017: Discussed and Amended 7/11/2017: Discussed and Amended 7/25/2017: Discussed and amended 8/8/2017: Discussed and amended Agenda Date Assigned to: 6/27/2017 COTW 7/11/2017 COTW 7/25/2017 COTW 8/8/2017 COTW COUNCIL ACTION.• KW WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax �cpm 0, Memorandum TO: The Honorable County Council Jack Louws, County Executive FROM: Cliff Strong, Senior Planner 3.E. '"Sam" Ryan Director THROUGH: Mark Personius, Asst. Director DATE: August 24, 2017 SUBJECT: 2016 Critical Areas Ordinance Update County Council Review Workshop on September 12, 2017 On September 12t" the Council will continue its review of the 2016 Critical Areas Ordinance Update. Topics to be covered include: • Review of certain questions, comments, and suggestions by Council members related to: ■ Article 2, Administrative Provisions • Article 6, Wetlands • Article 7, Habitat Conservation Areas • Article 8, Conservation Program on Agriculture Lands • Article 9, Definitions To prepare for this meeting, please review this memo. Yellow highlighting in the text indicates a Councilperson's proposed amendments. Attachments A - Other Jurisdictions' Definitions of Agricultural Land & Ongoing Agriculture B - PL1-85-004Z CPAL - Animal Threshold, Resource Priority C - Map showing location of wells DOE used in its nitrate studies (requested by CM Brenner) D - Additional info on Nooksack-Abbotsford-Sumas Transboundary Nitrogen Study 1 0• Definition of "Ongoing Agriculture" ITEM 1(Originally Issue 171) 16.16.900 Definitions. (Browne's original proposal) "Ongoing agriculture" means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including, but not limited to, operation and maintenance of existing farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and maintenance or repair of existing serviceable structures and facilities. Activities that bring an area into agricultural use are not part of an ongoing activity. Unless the idle land is registered in a federal or state soils conservation progam Aan operation ceases to be ongoing when the_aFea an which it was .,d,,. ted has been crenveFted to a nonagFiuUltural use, r has Ivi^ idle for FRere than five conseeutive yeaF5 it meets the criteria for Abandonment under the Food Security Act 7 CFR Section 12.33 c and the criteria for receiving an exemption under the Food Security Act § 12.5 b 1 iii has not been met then such land is considered to be abandoned when the land meets the wetland criteria of the Food Security Act § 12.31- 1nless that idle !a Rd iS FegiSte Fed federal ^r-State sails eRseFvatien pFegram. Forest practices are not included in this definition. Staff Response: As previously mentioned, staff does not recommend these proposed changes for several reasons. First, tying this definition to the Food Security Act only addresses wetlands, not other critical areas for which we are also responsible. Secondly, we advise against tying any of our code to federal codes. Our authority comes from state code, and we recommend that our codes align with those instead. Federal codes can be extremely complicated and are interpreted though a different court system. We would not want to put our staff in the position of having to interpret and enforce a federal regulation. At your August 8th workshop, CM Browne provided a comment letter from Dannon Traxler (representing the ag community) dated 8/4/17. In it, the ag community also recommended against this definition. CM Browne then made a motion (which was subsequently tabled) to use Thurston County's purported definition of "agricultural activities," which Ms. Traxler provided, as our definition of "ongoing agriculture." It reads: "Agricultural Activities" means all agricultural uses and practices as defined in RCW 90.58.065 (RCW 36.70A.703). "Agricultural Activities" means agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facilities is no closer to the shoreline than the original facilities; and maintaining agricultural lands under production or cultivation. However, a few things to note about this: 1. Staff cannot find this definition in Thurston County's code. OA 390 2. Ms. Traxler did not request that this definition be used as our definition of "ongoing agriculture," but rather as our definition of "Agricultural Activities," which currently reads: "Agricultural activities" means those activities directly pertaining to the production of crops or livestock including, but not limited to: cultivation; harvest; grazing; animal waste storage and disposal; fertilization; the operation and maintenance of farm and stock ponds or drainage ditches, irrigation systems, and canals; and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. The construction of new structures or activities that bring a new, non -ongoing agricultural area into agricultural use are not considered agricultural activities. Though similar, our definition doesn't include the language about land being left fallow. Staff has no issue with adding similar language to our definition of "Agricultural Activities," though doesn't believe it's necessary as we consider land being left fallow a part of normal agricultural operations. The "fallow" language is usually put into definitions where one might lose a classification (like the case with ongoing ag). One doesn't lose the classification of being an agricultural activity so it's not really necessary to add, though doesn't harm either. 3. Thurston County (TCC 17.15.200) does have the following definition regarding ongoing agriculture: "Agriculture, existing and ongoing" means those activities involved in the production of crops or livestock, for example, the operation and maintenance of farm and stock ponds or drainage ditches, operation and maintenance of ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage ditches, changes between agricultural activities, and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition. Their definition of existing or ongoing ag is quite similar to ours, which reads: "Ongoing agriculture" means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including, but not limited to, operation and maintenance of existing farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and maintenance or repair of existing serviceable structures and facilities. Activities that bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted has been converted to a nonagricultural use, or has lain idle for more than five consecutive years unless that idle land is registered in a federal or state conservation program. Forest practices are not included in this definition. 4. RCW 90.58.065 (to which the definition refers) is in the Shoreline Management Act of 1971, and this section is entitled, "Application of guidelines and master programs to agricultural activities." It has to do with a directive that jurisdictions must address how new agricultural activities will be treated under the Shoreline Management Program (SMP), not the Critical Areas Ordinance, 3 391 and only applies to the SMP (see last sentence in the below paragraph). The controlling paragraph reads: The guidelines adopted by the department and master programs developed or amended by local governments according to RCW 90.58.080 shall not require modification of or limit agricultural activities occurring on agricultural lands. In jurisdictions where agricultural activities occur, master programs developed or amended after June 13, 2002, shall include provisions addressing new agricultural activities on land not meeting the definition of agricultural land, conversion of agricultural lands to other uses, and development not meeting the definition of agricultural activities. Nothing in this section limits or changes the terms of the current exception to the definition of substantial development in RCW 90.58.030(3)(e)(iv). This section applies only to this chapter, and shall not affect any other authority of local governments. [emphasis added] There still seems to be some confusion about when the term "ongoing ag" applies, and what it means to lose that designation. We say this because it seems that Council (and others) believes that, under the existing definition of ongoing ag, any farmer will lose their right to farm if they cease farming for 5 years. This is not true. The term "ongoing ag" only applies to a small subset of farms: Those that have been continuously practicing agricultural activities in critical areas prior to the adoption of the first CAO. (Figure 1) Agriculture where critical areas are found. CRITICAL AREAS The term "ongoing ag" only applies to the subset of farms above this line (existing ag in critical areas). This is where the CPAL program can be used. New ag in critical areas (below the line) needs to comply with the standard requirements of the CAO. Figure 1. where the term "ongoing ag" applies 392 Staff has been firm in its support of our existing definition of "ongoing ag" (in which a small subset of farms can lose that designation if farming in the critical areas ceases for 5 years) since the Growth Management Hearings Board and courts have upheld our CPAL program as being consistent with the GMA and we are hesitant to change something that could jeopardize that standing. All other jurisdictions' definitions of ongoing ag that we could find (see Attachment A), including state and federal agencies, contain the provision that one loses their status after 5 years of inactivity. Voluntary Stewardship Program (VSP) One other issue that was raised at your 8/8/17 workshop: Someone asked if we could switch our system from that of CPAL to a Voluntary Stewardship Program (VSP) type system. The VSP is a watershed -based method of protecting critical areas through incentives rather than regulation. Participating counties were required to establish a baseline to monitor VSP activities and implementation, stewardship activities, and the effects on critical areas and agriculture relevant to the benchmarks developed for the watershed. This has been a years -long process, and many jurisdictions have still not completed their VSP plans. Washington's 39 counties had until January 22, 2012 to decide whether to participate in the new program, or to continue under existing law. Twenty-eight counties decided to participate (see Figure 2). Whatcom County was not one of them. Without a change in the state law, we cannot now join. Whalcom Valor 0-111a F"IT 8invofn $ry11h.M" imcam AmN mmman GNflola wdl., COMT111la Wnlld AxnHn Figure 2. The 27 counties participating in VSP. Counties in green have approved VSP work plans. Counties in blue have VSP work plans in development or under review. Counties in white chose not to participate in VSP. 5 393 CM Brenner's Additional CAO Issues Submitted 7/21/17 ITEM 2 (Issue 173) (Brenner) In 16.16.270(B)(2)(k), remove "...utilities (exclusive of septicsystems), and all lawn and landscaping..." 16.16.270 Reasonable use exceptions. B. Reasonable Use Standards. 2. To qualify as a reasonable use, the technical administrator or hearing examiner, as appropriate, must find that the proposal is consistent with all of the following criteria: k. For single-family residences, the maximum impact area may be no larger than 4,000 square feet. This impact area shall include the residential structure as well as appurtenant development that are necessarily connected to the use and enjoyment of a single-family residence. These appurtenant developments include garages, decks, driveways, inn parking; 1 , with the following exceptions:... Staff Response: At your 8/8/17 workshop, Council indicated that they would like to not include minor utilities (lines running to houses) as appurtenant developments and asked staff to provide appropriate language. We would suggest: k. For single-family residences, the maximum impact area may be no larger than 4,000 square feet. This impact area shall include the residential structure as well as appurtenant development that are necessarily connected to the use and enjoyment of a single-family residence. These appurtenant developments include garages, decks, driveways, parking, WtilitieS (eXr=1 .S;Ye of an n-site septic systems}, and all lawn and landscaping, with the following exceptions:... ITEM 3 (Issue 175) (Brenner) Section 16.16.620 (Wetlands -General Standards) needs to provide for temporary impacts associated with utilities. It is necessary for franchise utility companies, PUD, and various districts and associations. Staff Response: Staff does not see a need to amend this section as it already allows for utilities: utility lines in subsection (B); domestic wells in subsection (F); stormwater management facilities in subsection (G); on -site sewage disposal systems in subsection (J); and phosphorus reducing BMP structures in subsection (K)). Note: Since Items 4, 5, & 6 all deal with 16.16.670, we're providing the entire text here for Council's reference: 16.16.670 Review and reporting requirements. A. When County critical area maps or other sources of credible information indicate that a site proposed for development or alteration may contain or abut wetlands or wetland buffers, the technical administrator may require a site evaluation (field investigation) by a qualified professional to determine whether or not a regulated wetland is present and, if so, its relative location in relation to the proposed project area or site. If the technical administrator determines that a wetland is 394 more likely than not present, the technical administrator shall require a wetland assessment report pursuant to WCC 16.16.2SS and subsection B of this section. If no regulated wetlands are present, then wetland review will be considered complete. B. A wetland assessment report describes the characteristics of the subject property and adjacent areas and must be consistent with WCC 16.16.255. The assessment shall include the occurrence, distribution, delineation, and determination of the wetland category and standard wetland buffers as set forth in WCC 16.16.630. The investigation shall also include field identification and a complete delineation of all wetland boundaries (with delineations field flagged and left in the field for County verification), and may include analysis of historical aerial photos, and review of public records. Assessment reports shall include the following site- and proposal -related information unless the technical administrator determines that any portion of these requirements is unnecessary given the scope and/or scale of the proposed development: 1. Location information (legal description, parcel number, and address); 2. A qualitative written assessment and accompanying maps of wetlands and buffers within 300 feet of the site and an estimate of the existing acreage for each. For on -site wetlands, the assessment shall include the dominant and subdominant plant species; soil type, color and texture; sources of hydrology (patterns of surface and subsurface water movement, precipitation, etc.); topography; and other pertinent information. The assessment of off -site wetlands shall be based on available information and shall not require accessing off -site properties; 3. Existing wetland functions and values and a detailed description of the effects of the proposed development on wetland and buffer function and value, including the area of direct wetland disturbance; area of buffer reduction or averaging including documentation that functions and values will not be adversely affected by the reduction or averaging; effects of stormwater management; proposed hydrologic alteration including changes to natural drainage or infiltration patterns; effects on fish and wildlife species and their habitats; clearing and grading impacts; temporary construction impacts; and effects of increased noise, light or human intrusion; 4. Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.; 5. Copies of the wetland rating forms and associated figures from the Ecology Wetland Rating System for Western Washington, as amended. 6. Wetland Determination and Mapping. The exact location of all wetland boundaries shall be determined through the performance of a field investigation by a qualified wetland professional applying 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 or as revised . The wetland boundary shall be marked in the field and surveyed. The surveyed wetlands areas shall be mapped showing location and size of all wetlands. The Technical Administrator may request verification of the wetland delineation by the Army Corps of Engineers when a high degree of accuracy is necessary to determine applicable regulations and requirements. 7. Wetland Delineation Requirements. The following are required components of a wetland delineation report. a. The report shall be prepared by a qualified professional for wetlands, who meets the minimum requirements as defined in this chapter b. Maps. The wetland delineation report shall include the following maps: i. Vicinity map. ii. Parcel map, with scale, showing all wetlands within 300 feet of the development footprint unless access is denied in writing by the adjacent property owner. Parcel map 7 395 shall include all streams and drainages (Type S, F, Np, or Ns streams), shorelines, floodplains, flood prone areas and critical habitat for threatened and endangered species within 150 feet of the development footprint. iii. Topographic map based on city or surveyed data. iv. Map of development proposal with accurate scale. c. Wetland Analysis. A wetland delineation report shall provide an analysis of all wetlands and buffers (to the extent they can be legally accessed) including, at a minimum, the following information: i. Wetland delineation. ii. The wetland boundaries shall be surveyed by a licensed surveyor or using an equivalent method with an accuracy of plus or minus one foot of a survey. iii. Determination of each wetland size. iv. Description of each wetland class and category. v. Description of overall water sources and drainage patterns on site. vi. Description of vegetation, hydrologic conditions, and soil and substrate conditions. vii. Description of wildlife and habitat. viii. Topographic elevation, at two -foot contours. ix. Functional assessment of the wetland and adjacent buffer using a local or state agency - recognized method and including the reference of the method and all data sheets. x. Standard buffer requirements for each wetland. xi. Site plan that includes scale, and wetlands and associated buffers and proposed development C. For single-family building permits, the applicant may hire a qualified professional to prepare the assessment report or may request that the County assess the regulated wetland(s) and buffers and determine the impacts associated with the project, subject to the following: a. Field investigation by County staff shall be at the discretion of the technical administrator and subject to workload and scheduling constraints. b. Fees for County staff services shall be in accordance with the unified fee schedule. D. If a regulated wetland buffer from a neighboring property extends onto a proposed development site for which review under this chapter is required, the technical administrator shall have the authority to require that deterrent devices be placed at the edge of the buffer in accordance with WCC 16.16.265. The applicant shall provide written documentation that no buffer encroachment will occur. The documentation shall be in the form of a letter or similar affidavit. ITEM 4 (Issue 181) (Brenner) In 16.16.670(8)(6) remove all mention of wetland boundary being surveyed. It hasn't been required in the past for single family and/or small properties due to the expense. How much will this requirement add to the cost of a house? Surveying is a major expense. What is gained? Staff Response: Staff does not recommend this amendment. The GMA references the use of the U.S. Army Corps of Engineers wetland delineation manual in determining wetland boundaries, and it requires a survey of them. However, it does not reference the detail of the survey, and staff has always tailored the scope of the survey to that of the project, i.e., we do not require the same level of detail in a survey for a Single Family Residence as we do for a Major Development, for instance. What is gained is knowing the location of the wetland boundary so that an adequate analysis can be performed. D 396 ITEM 5 (Issue 182) (Brenner) Remove 16.16.670(8)(7)(c)(viii), " Topographic elevation, at two foot contours" unless the County will provide GIS topography service. How much would this requirement add to the cost of a home? Staff Response: Staff does not recommend this amendment. Using 2-foot contours is the norm for most jurisdictions these days, and most engineers/surveyors already have those GIS layers. Furthermore, once Whatcom County obtains the forthcoming new LiDAR data, PDS plans on creating a 2-foot contour layer that will be made readily available to the public. ITEM 6 (Issue 183) (Brenner) In regards to 16.16.670(8)(7)(c)(ix), why do we need a 'functional assessment of wetland and buffer" in a delineation report? Why not leave this under mitigation plan requirements? This will also increase the cost of a home, unless they allow the rating form to serve as a functional assessment tool. Make wetland delineation reports reflect "existing conditions" only, and Mitigation Plans reflect "proposed conditions." It will save money and assist applicants and consultants in streamlining the process. Staff Response: Realize that the delineation report is a part of the Critical Area Assessment. We need such assessment up front (prior to the mitigation plan being developed) to assess whether mitigation is even needed. In many cases we don't require mitigation (e.g., if impacts are avoided), but we do need the functional assessment in order to determine this. ITEM 7 (Issue 187) (Brenner) In 16.16.680(H); define the word 'feasible, " because it needs to be reasonable. Or just replace the word with "reasonable." Staff Response: The term "feasible" is already defined in 16.16.900 (Definitions) as: "Feasible" means an action, such as a development project, mitigation, or preservation requirement that meets all of the following conditions: a. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; b. The action provides a reasonable likelihood of achieving its intended purpose; and, c. The action does not physically preclude achieving the project's primary intended legal use. In cases where this chapter requires certain actions, unless they are infeasible, the burden of proving infeasibility is on the applicant/ proponent. In determining an action's infeasibility, the county may weigh the action's relative costs and public benefits, considered in the short- and long-term time frames. This definition comes from the Shoreline Management Act. ITEM 9 (Issue 189) (Brenner) Could 16.16.700 (Purpose), subsection (8), conflict with the Shoreline Management Program? If so, it might need to be removed. 9 397 16.16.700 Purpose. The purposes of this article are to: A. Protect, restore, and maintain native fish and wildlife populations by protecting and conserving fish and wildlife habitat and protecting the ecological processes, functions and values, and biodiversity that sustain these resources. B. Protect marine shorelines, valuable terrestrial habitats, lakes, ponds, rivers, and streams and their associated riparian areas, and the ecosystem processes on which these areas depend. C. Regulate development so that isolated populations of species are not created and habitat degradation and fragmentation are minimized. D. Maintain the natural geographic distribution, connectivity, and quality of fish and wildlife habitat and ensure no net loss of such important habitats, including cumulative impacts. Staff Response: No. In fact, it's there to help implement the Shoreline Management Program (SMP). If you'll recall, after the courts ruled that the CAO doesn't apply in the shoreline jurisdiction, the solution was that jurisdictions would either need to have separate critical areas regulations in their SMP or have their CAO cover the shoreline and adopt it as part of the SMP. Whatcom County chose the latter. This is why the proposed adopting ordinance for the CAO update (provided to you in September 2016) includes an amendment to the SMP: to update the reference to the controlling CAO's date. ITEM 9 (Issue 190) (Brenner) Add to 16.16.700 (Purpose) a new subsection (E) to read, "Protecting HCAs will also consider landowner needs and property rights." Staff Response: Staff recommends against this proposal. That statement of purpose is already included in 16.16.100 (Purpose and intent), subsection (C)(9), which reads, "Protect property rights, while allowing for economic development, including agriculture, and allowing for the development and maintenance of adequate and appropriate public services and essential public facilities." That statement covers and governs the entire CAO. ITEM 10 (Issue 191) (Brenner) 16.16.710 (Habitat conservation areas) needs to be clarified. The way it is written it could be any land in Whatcom County. It needs better wording and more specific criteria to prevent overreaching. Staff Response: Staff is unclear whether CM Brenner is referring to the entirety of 16.16.710 or just a portion of it. In either case, 16.16.710 seems to be pretty specific in its listing of HCAs (subsections (C)(1- 12)). ITEM 11(issue 192) (Brenner) Does 16.16.710(C)(1)(b) mean natural water courses that "convey natural streams existing prior to human alternation"? If not, it could be used to regulate every stormwater conveyance system in Whatcom County. 16.16.710 Habitat conservation areas — Designation, mapping, and classification. C. Habitat conservation areas shall include all of the following: Me] RM 1. Streams. b. Ditches or other artificial water courses are considered streams for the purposes of this Chapter. when: (i) Used to convey natural streams existing prior to human alteration; and/or, (ii) The waterway is used by anadromous or resident salmonid or other resident fish populations; or (iii) Flows directly into shellfish habitat conservation areas. Staff Response: Yes, 16.16.710(C)(1)(b)(i) means exactly that. Subsections (i) — (iii) are the criteria WDFW uses in determining whether a waterway is regulated or not. And though some waterways that some people might believe to be ditches fall within these categories, manmade stormwater conveyance systems would not meet these criteria. ITEM 12 (Issue 193) (Brenner) In 16.16.710(C)(2) remove "have a primary association with" because it is too ambiguous. Staff Response: Staff recommends against this proposal The term "have a primary association with" is used by WDFW, DOE, USFW, etc., in determining whether a particular habitat is critical to a listed or priority species. Nor is it ambiguous; it is defined in 16.16.900. ITEM 13 (Issue 194) (Brenner) In 16.16.710(C)(7), better clarify "or manmade ponds... under 20 acres in size and created prior to September 30, 2005"so it doesn't include little manmade landscape ponds, koi ponds, etc. that would now be considered a critical area necessitating a 50' buffer. 16.16.710 Habitat conservation areas — Designation, mapping, and classification. C. Habitat conservation areas shall include all of the following: 7. Naturally occurring ponds or manmade ponds and lakes under 20 acres in size and created prior to September 30, 2005, excluding agricultural, fire protection, and stormwater facilities. Staff Response: Staff recommends against this proposal. Between the language of subsection (7) and the definition of "pond" in 16.16.900 (below), staff doesn't believe there would be confusion in what it applies to. "Pond" means an open body of water, generally equal to or greater than 6.6 feet deep, that persists throughout the year and occurs in a depression of land or expanded part of a stream and has less than 30% aerial coverage by trees, shrubs, or persistent emergent vegetation. Ponds are generally smaller than lakes. Farm ponds, ponds built for the primary purpose of combating fires, stormwater facilities, and beaver ponds less than two years old are excluded from this definition. ITEM 14 (Issue 195) (Brenner) 16.16.720 — Habitat conservation areas — General Standards Can Whatcom County legally require regulation by WDFW? 11 399 Staff Response: Staff is unclear on the question given the text of 16.16.720. There is nothing in that section requiring regulation by WDFW; it's only a listing of what types of activities are allowed in HCAs and their buffers and under what conditions. If CM Brenner is referring to the phrase, "any applicable Washington Department of Fish and Wildlife management recommendations have been applied" found in the (unlettered) preface, that is only one of the conditions one must meet to do one of these activities. Whatcom County (and most other jurisdictions) uses the WDFW management recommendations since most of us have not developed our own management recommendations for all the various species and habitats found in our jurisdictions. ITEM 15 (Issue 196) (Sidhu/Brenner) Exempting Agricultural Youth Club Activities from the CPAL Program At your workshop of 7/25/17 CM Sidhu raised the issue of exempting activities done for agricultural youth clubs (e.g., 4H, FFA, etc.) from the CPAL (and possibly other) requirements. CM Brenner says she raised this as well. However, staff is not sure what it is Council's asking for. If Council is asking that we exempt people that only have an animal or two on their property, that is already covered by PDS Policy PL1-85-004Z CPAL— Animal Threshold, Resource Priority (Attachment B). This policy deprioritizes landowners that do not exceed the number of animals set forth below, have at least three grazable acres, and manage their animals to avoid a direct discharge of sediment or fecal matter to surface waters. Animal Number Cow 1 Horse 1 Sheep or_la_mb 2 Alpacas 2 Non -breeding Pigs 2 Goats 2 Ducks or Geese 20 Chickens 30 This policy could be codified, if that's Council's intent. If so, we would suggest adding the following to the code: 16.16.814 Exemptions. The following are exempt from having to obtain a Conservation Farm Plan: A. Landowners that do not have critical areas on their property. B. Landowners that keep agricultural activities out of the standard critical area buffers. C. Landowners that do not exceed 1 animal unit per 3 acres, have at least three grazable acres, and manage their animals to avoid a direct discharge of sediment or fecal matter to surface waters. (i) Indicators of direct discharge can include de -vegetated riparian area, unfenced access to a stream, or animal confinement areas adjacent to surface waters. 12 M There is no multiplier for acreage; this is not an animal per acre threshold. Even if the animals are grazed on 100 acres, they are most often fed, sheltered, and cared for in one central location. (iii) Grazable acres include both pasture and hayland, as described in the Whatcom County Standard Farm Conservation Planning Workbook. 13 401 Attachment A: Other Jurisdictions' Definitions of Agricultural Land & Ongoing Agriculture State Definitions RCW Chapter 84.34 Open Space, Agricultural, Timberlands —Current Use —Conservation Futures 84.34.020 Definitions. (2) "Farm and agricultural land" means: (a) Any parcel of land that is twenty or more acres or multiple parcels of land that are contiguous and total twenty or more acres: (i) Devoted primarily to the production of livestock or agricultural commodities for commercial purposes; (ii) Enrolled in the federal conservation reserve program or its successor administered by the United States department of agriculture; or (iii) Other similar commercial activities as may be established by rule; (b)(i) Any parcel of land that is five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to, as of January 1, 1993: (A) One hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1993; and (B) On or after January 1, 1993, two hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; (ii) For the purposes of (b)(i) of this subsection, "gross income from agricultural uses" includes, but is not limited to, the wholesale value of agricultural products donated to nonprofit food banks or feeding programs; (c) Any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income as of January 1, 1993, of: (i) One thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1993; and (ii) On or after January 1, 1993, fifteen hundred dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter. Parcels of land described in (b)(i)(A) and (c)(i) of this subsection will, upon any transfer of the 14 402 property excluding a transfer to a surviving spouse or surviving state registered domestic partner, be subject to the limits of (b)(i)(B) and (c)(ii) of this subsection; (d) Any parcel of land that is five acres or more but less than twenty acres devoted primarily to agricultural uses, which meet one of the following criteria: (i) Has produced a gross income from agricultural uses equivalent to two hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; (ii) Has standing crops with an expectation of harvest within seven years, except as provided in (d)(iii) of this subsection, and a demonstrable investment in the production of those crops equivalent to one hundred dollars or more per acre in the current or previous calendar year. For the purposes of this subsection (2)(d)(ii), "standing crop" means Christmas trees, vineyards, fruit trees, or other perennial crops that: (A) Are planted using agricultural methods normally used in the commercial production of that particular crop; and (B) typically do not produce harvestable quantities in the initial years after planting; or (iii) Has a standing crop of short rotation hardwoods with an expectation of harvest within fifteen years and a demonstrable investment in the production of those crops equivalent to one hundred dollars or more per acre in the current or previous calendar year; (e) Any lands including incidental uses as are compatible with agricultural purposes, including wetlands preservation, provided such incidental use does not exceed twenty percent of the classified land and the land on which appurtenances necessary to the production, preparation, or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands"; (f) The land on which housing for employees and the principal place of residence of the farm operator or owner of land classified pursuant to (a) of this subsection is sited if: The housing or residence is on or contiguous to the classified parcel; and the use of the housing or the residence is integral to the use of the classified land for agricultural purposes; (g) Any land that is used primarily for equestrian related activities for which a charge is made, including, but not limited to, stabling, training, riding, clinics, schooling, shows, or grazing for feed and that otherwise meet the requirements of (a), (b), or (c) of this subsection; or (h) Any land primarily used for commercial horticultural purposes, including growing seedlings, trees, shrubs, vines, fruits, vegetables, flowers, herbs, and other plants in containers, whether under a structure or not, subject to the following: (i) The land is not primarily used for the storage, care, or selling of plants purchased from other growers for retail sale; (ii) If the land is less than five acres and used primarily to grow plants in containers, such land does not qualify as "farm and agricultural land" if more than twenty-five percent of the land used primarily to grow plants in containers is open to the general public for on -site retail sales; (iii) If more than twenty percent of the land used for growing plants in containers qualifying under this subsection (2)(h) is covered by pavement, none of the paved area is eligible for 15 403 classification as "farm and agricultural land" under this subsection (2)(h). The eligibility limitations described in this subsection (2)(h)(iii) do not affect the land's eligibility to qualify under (e) of this subsection; and (iv) If the land classified under this subsection (2)(h), in addition to any contiguous land classified under this subsection, is less than twenty acres, it must meet the applicable income or investment requirements in (b), (c), or (d) of this subsection. WAC Chapter 458-30 Open Space Taxation Act Rules WAC 458-30-200 Definitions. (w) "Farm and agricultural land" means: (i) Any parcel of land twenty or more acres in size or multiple parcels of land that are contiguous and total twenty or more acres in size when the lands are: (A) Primarily used to produce agricultural products for commercial agricultural purposes; (B) Enrolled in the federal conservation reserve program or its successor administered by the United States Department of Agriculture; or (C) Primarily used for other commercial agricultural purposes as established by rule. (ii) Any parcel of land or contiguous parcels of land at least five acres, but less than twenty acres in size that are primarily used for commercial agricultural purposes, and produce a gross income equal to: (A) One hundred dollars or more in cash per acre per year for three of the five calendar years preceding the date of application for classification when the application was made prior to January 1, 1993; or (B) Two hundred dollars or more in cash per acre per year for three of the five calendar years preceding the date of application for classification when the application is made on or after January 1, 1993. For the purposes of meeting the minimum gross income requirements as described in (w)(ii)(A) and (B) of this subsection for leased classified farm and agricultural land, the owner may use either the cash income received from leasing his or her classified farm and agricultural land, or the cash income received by the lessee for the production of the agricultural product on the owner's classified farm and agricultural land. (iii) Any parcel of land or contiguous parcels of land at least five acres, but less than twenty acres in size that are primarily used for commercial agricultural purposes and that have: (A) Standing crops with an expectation of harvest within seven years and a demonstrable investment in the production of those crops equivalent to one hundred dollars or more per acre in the current or previous calendar year; or (B) Standing crops of short rotation hardwoods with an expectation of harvest within fifteen years and a demonstrable investment in the production of those crops equivalent to one hundred dollars or more per acre in the current or previous calendar year. For the purposes of meeting the minimum investment requirements as described in (w)(iii)(A) and (B) of this subsection for leased classified farm and agricultural land, the owner may use either the cash income received from leasing his or her classified farm and agricultural land, or ET: M the cash income invested by the lessee in the production of the standing crop on the owner's classified farm and agricultural land. (iv) Any parcel of land or contiguous parcels of land less than five acres in size that are primarily used for commercial agricultural purposes, and produce a gross income equal to: (A) One thousand dollars or more in cash per year for three of the five calendar years preceding the date of application for classification when the application was made prior to January 1, 1993; or (B) One thousand five hundred dollars or more in cash per year for three of the five calendar years preceding the date of application for classification when the application is made on or after January 1, 1993. For the purposes of meeting the minimum gross income requirements as described in (w)(iv)(A) and (B) of this subsection for leased classified farm and agricultural land, the owner may use either the cash income received from leasing his or her classified farm and agricultural land, or the cash income received by the lessee for the production of the agricultural product on the owner's classified farm and agricultural land. (v) Farm and agricultural land also includes: (A) Land on which employee housing or the principal residence of the farm owner or operator is located, if the housing or residence is on or contiguous to a classified farm and agricultural land parcel of twenty acres or more or multiple parcels that are contiguous and total twenty acres or more, and the use of the housing or residence is integral to the use of the classified farm and agricultural land for commercial agricultural purposes; (B) Land on which appurtenances necessary for the production, preparation, or sale of the agricultural products are situated when the appurtenances are used in conjunction with the land(s) producing agricultural products, such as a machinery maintenance shed or a shipping facility located on farm and agricultural land that produces the products to be shipped; (C) Land incidentally used for an activity or enterprise that is compatible with commercial agricultural purposes as long as the incidental use does not exceed twenty percent of the classified land. An incidental use of classified farm and agricultural land may include, but is not limited to, wetland preservation, a gravel pit, a farm woodlot, or a produce stand; ' (D) A noncontiguous parcel of land from one to five acres in size that constitutes an integral part of the commercial agricultural operation being conducted on land qualifying as "farm and agricultural land." As used in this paragraph, noncontiguous means not adjoining or touching but held by the same ownership as defined in RCW 84.34.020; (E) Land used primarily for equestrian related activities for which a charge is made including, but not limited to, stabling, training, riding, clinics, schooling, shows, or grazing for feed and that otherwise meets the requirements in (w)(i), (ii), or (iv) of this subsection; or (F) Land used primarily for horticultural purposes including growing plants in the ground or in a container, regardless of whether under a structure, such as a greenhouse, subject to the following: (1) The land is not primarily used for the storage, care, or selling of plants purchased from other growers for retail sale; 17 405 (II) If the land is less than five acres and used primarily to grow plants in containers, such land does not qualify as "farm and agricultural land" if more than twenty-five percent of the land used primarily to grow plants in containers is open to the general public for on - site retail sales; (III) If more than twenty percent of the land used for growing plants in containers is covered by pavement, none of the paved area is eligible for classification as "farm and agricultural land." However, this limitation does not prevent up to twenty percent of the paved area from qualifying as "incidental use" as described in (bb) of this subsection; and (IV) If the land classified under (w)(v)(F) of this subsection, in addition to any contiguous land classified under (w) of this subsection, is less than twenty acres, it must meet the applicable income or investment requirements described in (w)(ii), (iii), or (iv) of this subsection. 2012 Washington State Department of Ecology Stormwater Management Manual for Western Washington Commercial Agriculture —Those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for commercial trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. County & City Definitions Skagit County Ongoing agriculture: the continuation of any existing agricultural activity on Agricultural —Natural Resource lands or Rural Resource —Natural Resource lands, including crop rotations; provided, however, that for lands in RRc-NRL that are subject to the provisions of SCC 14.24.120, any property owner who applies for and receives CaRD approval under SCC 14.18.300 through 14.18.330 shall, at the time of CaRD approval, automatically be subject to the buffer requirements of SCC 14.24.530 and shall no longer be subject to the provisions of SCC 14.24.120. Activities undertaken for the first time after May 13, 1996, the date Skagit County adopted Ordinance 16156, the Critical Areas Ordinance, do not constitute "ongoing agriculture"; provided, that any lands that were fallow on May 13, 1996, but had been in agricultural production within 5 years prior to May 13, 1996, shall be considered "ongoing agriculture" for purposes of this definition. Activities that bring an area into agricultural use are not considered ongoing agriculture. In addition, in order for parcels of land under 20 acres to qualify under this definition, they must meet the criteria of RCW 84.34.020(2)(b) and (c). 18 M City of Pasco Existing and Ongoing Agriculture. Those activities conducted on lands defined in RCW 84.34.080(2), and those existing activities involved in the production of crops or livestock. Activities may include the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of existing ditches or irrigation systems; changes from one type of agricultural activity to another agricultural activity; normal maintenance, repair, and operation or existing serviceable structures, facilities, or improved areas. Activities that bring a non-agricultural area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a non-agricultural use or has lain idle for more than five years. City of Poulsbo "Existing and ongoing agriculture" includes those activities conducted on lands defined in RCW 84.34.020(2) or defined as agricultural practices in this chapter, for example, the operation and maintenance of existing farm and stock ponds or drainage ditches, operation and maintenance of ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage ditches, changes between agricultural activities, such as rotating crops or grasses used for grazing, and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas; provided, that alteration of the contour of wetlands or streams by leveling or filling —other than that which results from normal cultivation —or draining of wetlands shall not be considered normal or necessary farming or ranching activities. Clallam County "Existing, ongoing agriculture" means agriculture that is both: (a) on land located within the agricultural retention zoning district and/or on land that meets the criteria and are enrolled in the Washington State open space and agricultural current use program per RCW 84.34.020(2)(b) and (c); and (b) is on land that has been used for agriculture since June 16, 1992, and not ceased use for agriculture for more than five consecutive years at any one time. Changing the type of agricultural activities being conducted is not considered new or expansion of existing agricultural activity. Agriculture that meets the definition of existing, ongoing agriculture on farmed wetlands, farmed wetland pastures, and prior converted wetlands is allowed to continue subject to the provisions of CCC 27.12.037. Federal Definitions U.S. Food Security Act, Subpart D - labels: Wetlands Converted to Agricultural Use before December 23, 1985 514.30 Prior Converted Cropland (PC) A. Definition (1) Prior converted cropland (PC) is a converted wetland where the conversion occurred before December 23, 1985; an agricultural commodity had been produced at least once before December 23, 1985; and as of December 23, 1985, the area was capable of producing an 19 407 agricultural commodity (i.e., did not support woody vegetation and was sufficiently drained to support production of an agricultural commodity). The conversion could include draining, dredging, filling, leveling, or otherwise manipulating (including the removal of woody vegetation or any activity that results in impairing or reducing the flow and circulation of water) the wetland area. In addition, PC meets the following hydrologic criteria: (i) If the area is not a pothole, playa, or pocosin, inundation is less than 15 consecutive days during the growing season or 10 percent of the growing season, whichever is less, in most years (50 percent chance or more). (ii) If the area is a pothole, playa, or pocosin, inundation is less than 7 consecutive days and saturation is less than 14 consecutive days during the growing season in most years (50 percent chance or more). (2) The presence and extent of pothole, playa, and pocosin wetlands in each State will be determined by the State Conservationist with advice from the State Technical Committee. B. Supporting Documentation (1) The NRCS Engineering Field Handbook (EFH), Chapter 19, "Hydrology Tools for Wetland Determination;" the 1987 COE Manual; and the approved State mapping conventions are used to determine if the area is inundated for the requisite time. Site conditions must be thoroughly documented, using information such as: (i) Aerial photographs and FSA slides. (ii) Flood frequency studies. (iii) Interviews with the person and other knowledgeable residents of the area. (iv) Field indicators of surface water such as water marks, drift lines, and drowned or stressed crops. (v) Stream gauge data. (2) FSA records may be used to determine current or prior cropping history. In the absence of FSA records, any determination of cropping history should be based on aerial photography, crop expense or receipt records, grain elevator records specific to tract and field, or other suitable documentation that can be tied to the specific field and/or tract under review. C. Drainage Maintenance and Improvement (1) Drainage systems or other hydrologic manipulations on PCs may be maintained or improved after December 23, 1985, without loss of eligibility for USDA program benefits. USDA program participants should exercise caution when maintaining drainage systems so that neighboring wetlands are not inadvertently drained. D. Procedures for Identifying PCs (1) Aerial photographs, crop records, and other resources are consulted to determine if the area— (i) Has hydric soils. (ii) Was converted for production of an agricultural commodity before December 23, 1985. (iii) Was capable of producing an agricultural commodity (i.e., did not support woody vegetation and was sufficiently drained to support production of an agricultural commodity) as of December 23, 1985. (iv) Fails to meet hydrologic criterion of Farmed Wetland (FW). 20 M USDA Prior Converted Cropland Exemption Areas that qualify as Prior Converted Cropland (PC) are exempt from the Swampbuster provision of the Farm Bill. These areas can be further drained, cropped or manipulated without loss of eligibility for USDA program benefits. Prior converted croplands that are certified by NRCS are also exempt from wetland regulations administered by the Army Corps of Engineers and EPA (Section 404 of the Clean Water Act). However, if the land changes to a non-agricultural use, or is abandoned, according to the criteria established by the Corps and EPA, it may be regulated under the CWA. What it Takes for Farmland to Qualify as Prior Converted Cropland Farmland must meet all of the following criteria for it to be designated as Prior Converted Cropland: • Cropped prior to December 23, 1985 with an agricultural commodity (an annually tilled crop such as corn); • The land was cleared, drained or otherwise manipulated to make it possible to plant a crop; • The land has continued to be used for agricultural purposes (cropping, haying or grazing) • The land does not flood or pond for more than 14 days during the growing season Woodland, pasture and hayland without a history of annual tillage and cropping do not qualify as Prior Converted Cropland. Department of Ecology Prior Converted Croplands/Wetlands Information What are prior converted croplands? Prior converted croplands (PCCs) are identified for the purpose of implementing the Food Security Act (FSA), and refers to wetlands that were converted from a non-agricultural use to production of a commodity crop prior to December 23, 1985. In other words, PCCs are wetlands that were drained, dredged, filled, leveled, or otherwise manipulated, including the removal of woody vegetation, to enable production of an agricultural commodity. To be considered a PCC, the area must have had an agricultural commodity planted or produced at least once prior to December 23, 1985. After 1985 these sites must continue to be in active agricultural use. This means a commodity crop that requires annual tilling must be produced at least once every five years. In addition, PCCs must not have standing water present for more than 14 consecutive days during the growing season. If an agricultural site has standing water for greater than 14 consecutive days it would be considered a "farmed wetland." Many farmed areas in valleys flood throughout the winter and would not be considered PCC. Therefore, it is important to document surface water levels throughout the year (i.e., determining the hydroperiod during the dry season alone is not adequate). Conversion of a PCC to a non-agricultural use may be subject to local, state, and federal regulations While many PCC areas have been extensively manipulated and drained, and some may no longer be wetlands, a PCC area may meet the federal and state wetland hydrology criterion (refer to the federal delineation manual and regional supplements). If the land changes to non-agricultural use, or is abandoned, a PCC area may be regulated under federal, state or local laws. Landowners, who intend to develop their land or conduct an activity that precludes use of the land for continued agricultural 21 e production, should contact the Corps, Ecology and the local government (city/town or county) to determine if the land meets the criteria for jurisdictional wetlands under applicable laws. Even if not abandoned, PCC wetlands, like isolated wetlandsthat meet the state's wetland delineation criteria (Chapter 173-22-035 WAC) are still regulated under the state's Water Pollution Control Act (Chapter 90.48 RCW), the Shoreline Management Act, and the Growth Management Act. Conversion of a PCC wetland to non-agricultural use requires state and local approval. Why regulate PCC wetlands? In the past, PCC wetlands were often exempt from federal regulation under the Clean Water Act, based on the belief that these wetlands had been so altered they no longer provided important wetland functions. However, PCC wetlands in Washington perform many of the same important environmental functions as other wetlands, including recharging streams and aquifers, storing flood waters, filtering pollutants from water and providing wildlife habitat. In some cases, PCC wetlands have been significantly altered so they provide only minimal functions. However, in many cases, PCC wetlands provide important hydrologic functions and may provide significant wildlife habitat. Guidance on delineating wetlands on agricultural lands In 1994, the Departments of Agriculture, Interior, and Army and the EPA entered into a Memorandum of Agreement (MOA), Guidance on Conducting Wetland Determinations for the Food Security Act (FSA) and Section 404 of the Clean Water Act (CWA). The MOA was developed to streamline the wetland delineation process on agricultural lands, to promote consistency between the CWA and the FSA, and to provide predictability and simplification for U.S. Department of Agriculture program participants. In January 2005, both the Natural Resources Conservation Service (NRCS) and Department of the Army withdrew from the MOA. The MOA was replaced with the Corps and NRCS Joint Guidance on Conducting Wetland Delineations for the Food Security Act of 1985 and Section 404 of the Clean Water Act (PDF, February 25, 2005). This guidance addresses the responsibility of NRCS for performing wetland delineations for the FSA and the Corps for delineations for CWA Section 404 purposes. Also see Key Points - February 28, 2005 (PDF) for the rationale for withdrawal from the 1994 MOA. The 2005 MCA also states that the identification of prior converted croplands (PCC) made by NRCS remains valid as long as the area is devoted to an agricultural use. If the land changes to a non- agricultural use, the PCC determination is no longer applicable and a new wetland determination is required for Clean Water Act purposes. Specific guidance will be provided by the Corps in the future addressing how the Corps will treat PCC designations for land that changes from agricultural to non- agricultural use. 22 410 Attachment B WHATCOM COUNTY David Stalheim Planning & Development Services,~ c°�'y Director 5280 Northwest Drive, Bellingham, WA 98226-9097 J.E "Sam" Ryan 360-676-6907, TIY 800-833-6384 �4�H,K��°� Assistant Director 360-738-2525 Fax Planning and Development Services Policy Subject/Title: Conservation Program on Agriculture Land (CPAL) —Animal Threshold, Resource Priority Number: PL1-85-004Z Effective Date: 05/06/10 Submitted By: Peter Gill, Senior Planner Reviewed By: Natural Resources/Long Range Planning Approved By: David Stalheim, Direct er � 1,1 Statement: This Administrative Procedure describes livestock operations that are deprioritized for farm conservation planning. This procedure applies to landowners that do not exceed the number of animals set forth below, have at least three grazable acres, and manage their animals to avoid a direct discharge of sediment or fecal matter to surface waters. (1) Cow, or (1) Horse, or (2) Sheep or Iamb, or (2) Alpacas, or (2) Non -breeding Pigs, or (2) Goats, or (20) Ducks or Geese, or (30) Chickens. Rationale: Experience implementing farm plans has shown that with very few animals the anticipated impacts to critical areas are so negligible that a farm plan may not be necessary to protect existing functions and conditions. If there is a direct discharge to surface waters, a farm plan is required regardless of the number of livestock on the property. Indicators of direct discharge can include de -vegetated riparian area, unfenced access to a stream, animal confinement area adjacent to surface waters. There is no multiplier for acreage; this is not an animal per acre threshold. Even if the animals are grazed on 100 acres, they are most often fed, sheltered, and cared for in one central location. Grazable acres include both pasture and hayland, as described in the Whatcom County Standard Farm Conservation Planning Workbook. A land owner that does not have critical areas on their property does not require a farm plan. A property owner that keeps agricultural activities out of the standard Critical Area buffers does not require a farm plan. 23 411 Attachment C — Map showing location of wells DOE used in its nitrate studies t-w 14 412 Attachment D - Additional info on Nooksack-Abbotsford-Sumas Transboundary Nitrogen Study Nooksack-Abbotsford-Sumas Transboundary Nitrogen Meeting Sept. 14-16, 2017 Location: Bellewood Acres, 6140 Guide Meridian, Lynden, WA 98264 Sponsored by the Dept. of Biology and College of Science and Engineering, Western Washington Univ. Overall project goals: Gather and present a common set of biophysical facts about nitrogen use and management and view them from multiple socioeconomic perspectives to understand the problems and identify preferred potential solutions. We see three key ingredients: 1. Create a nitrogen inventory as a basis for understanding management options: a. Trace and quantify the sources, movement, and fates of nitrogen, both inside and outside our study area. b. Quantify effects of different nitrogen types on resources and human health and well-being. c. Identify knowledge gaps in both the budget and impacts of nitrogen. 2. Share information among citizens: Bring together citizens in the study region to share the information collected in Step 1 and collect their input, knowledge and concerns. Anyone affected by nitrogen in some way is welcome to participate. 3. Identify and evaluate solutions: Work with all participants to develop a menu of strategies for dealing with regional nitrogen issues, along with pros and cons for local food production and harvest, the economy, and natural resources. Specific workshop goals Develop a project strategy and charter (Thu. Afternoon) — Jill Baron, Jana Compton, and Dave Hooper, leads a. Outline project goals b. Develop set of activities & timeline c. Codify approach: understanding the socio-ecological setting, evidence -based (biophysical sciences, social science, local and indigenous knowledge), citizen engagement, transparency, collaboration. d. Project participants: scientists (biophysical and social), agency personnel, political leadership, citizens e. Funding possibilities 2. Review N budgets from Canada and U.S. (Fri. morning) — Shabtai Bitman, Canada lead; Jiajia Lin and Jana Compton, U.S. leads a. Approach 25 413 b. Main findings and work still to do c. Knowledge gaps and uncertainties d. Strategies for completion and publication, _including summaries for citizens 3. Develop preliminary citizen/participant outreach plan (Fri. afternoon) — leads (TBD) a. Balance of participants: inclusive; diverse perspectives; U.S. and Canadian b. Outreach activities and timeline c. Facilitators d. Solicit early input from key citizen representatives i. How to build trust for collaborative research and problem -solving? ii. What would be favorable outcomes? iii. Planning meetings — timing, structure, location iv. N budget — what are questions and concerns? 4. Field trip to Canadian sites (Sat. morning — early afternoon) 5. Meeting wrap7lup and next steps (Sat. afternoon) — BC Ministries building, Abbotsford Draft Agenda Thurs., 9/14 1:30 — 2:15: Introductions and meeting overview 2:15-2:45: Links to International Nitrogen Management System (INMS) and discussion; Jill Baron 2:30-5:30: Develop NAST-N Charter (Hooper will send out a draft before the meeting, to start discussion) 3:30-3:50: Coffee break 5:30-7: Dinner discussion — All welcome, but everyone pays for their own food and drink (location TBD) 7:30-8:30 pm: Panel Discussion for the public, at the Nooksack Salmon Enhancement Association (NSEA), 3057 E Bakerview Rd, Bellingham, WA 98226. All welcome, but not part of the official meeting. This is meant as information outreach to NSEA members and other interested citizens. Fri., 9/15 8:00-8:30: gather, coffee 8:30-9:30 — Review of Lower Fraser N budget; Shabtai Bitman 9:30-10:30: Review draft of Nooksack N budget and introduction to the data repository on eRAMS; Jiajia Lin & Jana Compton 10:30-10:50: coffee, discussion 10:50-11:30: Discussion of N budgets 11:30-12: Nitrogen policy goals, strategies, synergies and tradeoffs: experience from elsewhere; Ceo Gaudet 12-1: Lunch at Bellewood Acres 1-1:30: Primer on citizen engagement; George Boggs 26 414 1:30-1:45: Discussion 1:45-3: Breakout discussion groups: strategies for outreach to engage with different groups 3-3:20: Coffee break 3:20-4: Reporting back to the group as a whole on outreach strategies 4-5: Synthesize outreach strategies Sat., 9116 — Field trip and meeting wrap-up 8:00-2:00 (approx.): Field trip, Canada (Shabtai Bittman is organizing) 2:00-4: Meeting wrap-up, next steps (David Poon, host. BC Ministry Building, 1767 Angus Campbell Rd., Abbotsford, BC) 27 415 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-244 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator- R Er- E � �} �y E �., \\uJ/ 8/8/17 Introduction Division Head: L 9/12/17 Public Hearing Dept. Head: '� 1 HAT COM COUNTY Prosecutor:/ 7 2 7- ' Purchasing/Budget: A A COUNCIL Executive: .4 ") I T A/ rey ° -1-171 TITLE OF D U NT.- Proposed Amen lent to WCC 8.13, Solid Waste Disposal District, Regarding the Solid Waste Excise Privilege Tax ATTACHMENTS: Draft amendment to 8.13, Solid Waste Disposal District SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( X) Yes ( ) NO SEPA review completed? ( ) Yes (X) NO Requested Date: August 8, 2017 introduction for September 12, 2017 public hearing 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.) Amend WCC 8.13, Solid Waste Disposal District regarding the existing solid waste excise privilege tax, as per RCW 36.58, Solid Waste Disposal, to include levy of the solid waste excise tax upon solid wastes disposed by self -haulers, in addition to the existing levy of the tax upon solid wastes disposed only by certificated and franchised haulers. COMMITTEE ACTION.• COUNCIL ACTION: 8/8/2017: Introduced 6-0, Mann 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 County's website at. www.co.whatcom.wa.us/council. MIZI BOOM Co �W`S 1INC MEMORANDUM TO: Jack Lou s, County Executive FROM: Regina A. Delahunt, Director DATE: July 25, 2017 SUBJECT: Proposed Amendment to WCC 8.13, Solid Waste Disposal District, Regarding the Solid Waste Excise Privilege Tax Please find attached a proposed amendment to WCC 8.13, Solid Waste Disposal District, regarding the Solid Waste Excise Privilege Tax for review and introduction for public hearing, Background and Purpose WCC 8.13.140, Annual review of tax requirements states that'The executive committee shall annually review the tax requirements to fund the solid waste disposal programs and advise the county council of their findings (Ord. 2014-050 Exh. A; Ord. 97-041 Exh. A; Ord. 90-1 § 14).' Additionally, recommendation 9.1.F of the approved 2016 Comprehensive Solid and Hazardous Waste Management Plan states 'Review the adequacy of the existing excise tax levy and exemptions to address recent state funding reductions. Prior to 1997, as per Ordinance 90-1, solid waste management statutory obligations and programmatic requirements were funded by a $9.00 per ton solid waste surcharge that applied to all solid waste generated in the county. Due to a 1997 solid waste legal arbitration ruling, the surcharge was repealed and replaced by an excise tax. Ordinance 97-41 amended WCC 8,13.030, Excise privilege tax levied, and implemented a solid waste excise tax, not to exceed $8,50 per ton, excluding recyclable materials, that applies only to solid waste collected by certificated and franchised solid waste haulers, as per WCC 8.11.030, rather than to all solid wastes, Due to subsequent increases, over time, in allowed exemptions to mandatory collection by certificated and franchised haulers, as per WCC 8.11.030, the excise tax has been applied to an ever decreasing percentage of solid waste generated in the county, In 2016, only 65% of the total solid waste disposed in the county was subject to the excise tax. This has resulted in decreased revenues to fund solid waste services. Additionally, state grant funding for solid waste services was reduced by 38% in 2015, and reduced further by another 36% in 2017, resulting in a current $230,000 annual reduction of state grant funding used to fund the Disposal of Toxics and illegal dumping compliance enforcement programs. The combined reductions in excise tax and state grant revenue have resulted in levels of funding that are currently inadequate to maintain solid waste statutory obligations and programmatic requirements. 509 Girard Street w ., W hatcom County 1500 North State Street Bellingham, WA 98225-4005® Bellingham, WA 98225 4551 360.778.6000 FAX 360.778.6001 HEALTH360.778.6100 1 FAX 360.778�1g17 WhatcomCountyHealth ((''�� } } www.whatcomcounty.us/h a WhatcomCoHealth D e p art, m e l� l Recommendation To continue funding solid waste statutory obligations and programmatic requirements, the solid waste excise tax and state grant funding reductions must be replaced with another source of revenue. Additionally, a guiding premise of existing solid waste enabling ordinances is that all users of county solid waste system infrastructure and programs should equitably share costs. As approved by both the Solid Waste Advisory Committee and Solid Waste Executive Committee, it is the staff recommendation that the excise tax also be levied on solid waste transported by residential and commercial self -haulers, as per RCW 36.58.140, rather than only on solid waste transported by certificated and franchised haulers, as per Exhibit A attached. Levying the excise tax, equitably, at the current established rate of $8.50 per ton would cover the above combined reductions and generate an estimated $422,000 in additional revenue for solid waste services. As per WCC 8.13,140, Annual review of tax requirements, the actual excise tax rate would be reviewed annually and adjusted as appropriate. Please call Jeff Hegedus at x6044 if there are any questions. Thank you. Encl. 2 3 4 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 PROPOSED BY: Health INTRODUCTION DATE: 8/8/2017 ORDINANCE NO. AMENDMENT TO WHATCOM COUNTY CODE (WCC) 8.13, SOLID WASTE DISPOSAL DISTRICT REGARDING THE SOLID WASTE EXCISE PRIVILEGE TAX WHEREAS, solid waste management statutory obligations and programmatic requirements such as closed landfill monitoring and maintenance, Disposal of Toxics facility operations, waste reduction and recycling education, illegal dumping and litter control, compliance enforcement and comprehensive planning require adequate funding mechanisms; and, WHEREAS, the approved Whatcom County 2016 Comprehensive Solid and Hazardous Waste Management Plan recommends that the adequacy of the existing solid waste excise tax levy to fund solid waste services be reviewed; and, WHEREAS, WCC 8.13.030, Excise privilege tax levied, levies a solid waste excise tax, currently established at $8.50 per ton, excluding recyclable materials, that applies only to solid waste collected by certificated and franchised solid waste haulers, rather than to all solid wastes, to fund solid waste services; and, WHEREAS, due to subsequent increases, over time, in allowed exemptions to mandatory curbside collection services, as provided by certificated and franchised haulers, the excise tax has been applied to an ever decreasing percentage of solid wastes, with only 65% of the total solid waste disposed in the county in 2016 being subject to the excise tax, resulting in decreased revenues to fund solid waste services; and, WHEREAS, additionally, state funding for solid waste services was reduced by 38% in 2015, and reduced further by another 36% in 2017, resulting in a current $230,000 annual reduction of total revenue used to fund solid waste services; and, WHEREAS, the combined reductions in revenue have resulted in levels of funding that are currently inadequate to maintain solid waste statutory obligations and programmatic requirements; and, WHEREAS, further, it is not considered equitable that only customers of certificated and franchised solid waste haulers fund solid waste services that are utilized by all; and, WHEREAS, adequate and equitable funding for solid waste statutory obligations and programmatic requirements must be provided; and, Page 1 419 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 WHEREAS, as per WCC 8.13.140, Annual review of tax requirements, the Solid Waste Executive Committee has reviewed and recommended the proposed amendment. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that WCC 8.13, Solid Waste Disposal District is hereby amended as shown in Exhibit A attached hereto. ADOPTED this PiiMIAN day of , 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council WHATCOM COUNTY, WASHINGTON APPROVED AS TO FORM: Civil D l ' secutor Page 2 Barry Buchanan, Chair Whatcom County Executive Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 420 EXHIBIT A Chapter 8.13 SOLID WASTE DISPOSAL DISTRICT Sections: 8.13.010 District formed - Findings and determinations. 8.13.020 Definitions. 8.13.030 Excise privilege tax levied. 8.13.040 Tax collection. 8.13.050 Administration by county treasurer. 8.13.060 Failure to make timely payment. 8.13.065 Records required. 8.13.070 Application of tax - Appeal. 8.13.080 Tax exemptions and special conditions. 8.13.090 Penalties for nonpayment of tax. 8.13,100 Management of operations. 8.13.110 Use of revenues. 8.13.120 Effective date. 8.13.130 Severability. 8.13.140 Annual review of tax requirements. 8.13.010 District formed - Findings and determinations. The Whatcom County solid waste disposal district ('district") is hereby formed to provide a sound financial basis for support of the objectives of the county's updated comprehensive solid waste management plan, including a high level of waste reduction and recycling; to construct transfer stations; to maintain closed solid waste landfills in Whatcom County; to provide such other solid waste disposal systems and services as are in the public interest; and to secure a healthful environment for all citizens of Whatcom County. The district shall include all unincorporated and incorporated areas of Whatcom County. Incorporated areas are included within the district pursuant to interlocal agreements executed with Whatcom County, copies of which are attached to the ordinance codified in this chapter and incorporated herein as Appendix A. The county council in forming the district determines and finds: A. State and federal law and regulation have placed increased responsibility on local governments to manage solid waste disposal systems in a manner that protects public health and safety; B. Properly designed, operated, and maintained landfills and other solid waste disposal facilities are essential public utilities serving broad public interests, by protecting public health and safety; C. Federal and state standards for solid waste disposal, including requirements for recycling and waste reduction, have greatly increased the cost of solid waste disposal systems; D. The transfer and other handling of solid wastes generated by residents of the district, whether generated at their homes or elsewhere in the district, imposes cost burdens on the district; E. All residences and businesses within the district receive substantial and essential public service by having the operational availability on a continuing basis healthful, safe and reliable solid waste disposal facilities and systems; 421 F. In order to safely maintain closed landfills, the county must expend substantial sums of money including the cost of ongoing monitoring, to protect the public health and welfare and to meet regulatory standards; G. The cost of acquiring, developing, operating, maintaining and closing facilities and providing for long-term compliance with regulatory standards cannot be financed solely on a "fee for service" basis; H. Repealed by Ord. 97-041; I. Pursuant to Chapter 8.11 WCC, the county concurrently created a solid waste collection district pursuant to Chapter 36.58A RCW for the purpose of imposing mandatory collection in unincorporated areas which will match ordinances in incorporated areas, which enforce mandatory collection; J. A stable funding program consisting of a district excise tax is required to provide a broad and sound financial basis to provide safe disposal facilities and systems, to meet the objectives of the plan, and to support the management of solid waste programs in compliance with applicable state and federal laws; K. Waste reduction and recycling measures contemplated by the plan promote the health, safety and welfare of county residents, by reducing the degradation created by incineration and landfill facilities used to dispose of solid wastes; L. Recycling and waste reduction do not generate sufficient revenues to become self supporting; M. Imposition of the solid waste excise tax (the "tax") provided for by this chapter will promote the county's ability to meet all the plan's solid waste management objectives. N. Repealed by Ord. 97-041. (Ord. 2014-050 Exh. A; Ord. 97-041 Exh. A; Ord. 90-1 § 1). 8.13.020 Definitions. As used in this chapter, the following terms shall be defined as follows: A. "Business or institution" shall include all properties in Whatcom County other than residential dwellings which are served by a certificated or franchised hauler of solid wastes. The tax shall apply whether the business or institution is for profit or nonprofit, public or private. B. A "certificated hauler" is a garbage and refuse collection company that has obtained a certificate of convenience and necessity from the WUTC pursuant to Chapter 81.77 RCW for a franchise area that includes unincorporated areas of the county. C. The "executive committee" means the executive committee formed pursuant to the interlocal agreements incorporated in Appendix A of the ordinance codified in this chapter. D. A "franchised hauler" is a garbage and refuse collection company that has been granted a franchise to provide service within one or more of the cities that have entered interlocal agreements with the county, as shown in Appendix A of the ordinance codified in this chapter. E. Repealed by Ord. 97-041. 422 F. Repealed by Ord. 97-041. G. The "plan" is the county's comprehensive solid waste management plan, as approved by the Department of Ecology in 1990 and as may be amended thereafter. H. A "residential dwelling" shall include each single-family house, apartment, houseboat, or other dwelling unit which is separately billed for waste collection service by a franchised or certificated hauler. Forest areas, farms or ranches that elect to use collection service shall be considered as residential dwellings for purposes of this chapter. Residents of apartments, hotels, dormitories, boarding houses, maritime vessels, or other housing units shall not be separately taxed if the landlord or some other party arranges for solid waste collection and pays for solid waste collection and the tax on behalf of tenants or residents. I. A "solid waste disposal facility" is a landfill, transfer station, incinerator, convenience center, drop box or other solid waste disposal facility which is available for use by persons other than the owner of the facility. I The "WUTC" is the Washington Utilities and Transportation Commission or any agency which succeeds to its powers. (Ord. 2014-050 Exh. A; Ord. 97-041 Exh. A; Ord. 90-1 § 2). 8.13.030 Excise privilege tax levied. An excise privilege tax shall be levied upon the charges paid for solid waste collection by each residential dwelling and by each business or institution in the district. This excise privilege tax shall be levied on a per -ton basis, excluding moderate risk wastes and recyclable materials, and be billed by certificated or franchised haulers of solid waste, and solid waste disposal facilities all as authorized by RCW 36,58.140. This tax shall be equal throughout the district, and shall not exceed $8.50 per ton without the approval of all cities and towns in the district. The county council shall set the level of the tax from time to time by ordinance. (Ord. 2014-050 Exh. A; Ord. 97-041 Exh. A; Ord. 90-1 § 3). 8.13.040 Tax collection. To simplify collection of the tax, each certified or franchised hauler shall include the tax in its regular billing cycle for all customers within the district and remit the proceeds collected to the county treasurer by the due date as established by the treasurer. Each solid'waste disposal facility shall include the tax in its regular billing cycle for all customers, excepting certificated and franchised haulers collecting and remitting', the tax, within the district and remit the proceeds collected to the county treasurer by the due date as established by the treasurer.The excise tax provided for pursuant to this chapter shall, for administrative purposes, be billed and collected as nearly as possible in a manner compatible with the state solid waste tax, Chapter 82.18 RCW, and the surcharge, Section 15, Chapter 431, Laws of 1989. (Ord. 2014-050 Exh. A; Ord. 97-041 Exh. A; Ord. 90-1 § 4). 8.13.050 Administration by county treasurer. The administration and collection of the tax imposed by this chapter, as collected by the certificated and franchised haulers, and solid waste disposal facilities, shall be by the county treasurer pursuant to the terms of this chapter and such rules, regulations and further enactments as may be adopted by the county council or provided by state law. (Ord. 2014- 050 Exh. A; Ord. 97-041 Exh. A). 423 8.13.060 Failure to make timely payment. If full payment of any tax or fee owing under this chapter is not received by the Whatcom County treasurer on or before the date due, there shall be added to the collected amount due a penalty fee as follows: A. One to 10 days late: Five percent of tax collected. B. Eleven to 20 days late: 10 percent of tax collected. C. Twenty-one to 30 days late: 15 percent of tax collected. D. Thirty-one to 60 days late: 20 percent of tax collected. Failure to make payment in full of all tax amounts collected, and penalties, within 60 days following the day the tax initially became due shall be deemed a violation of this section and may be collected in accordance with the provisions of this chapter. Any tax owing and unpaid under this chapter, and all penalties, shall constitute a debt between the certificated or franchised hauler, or solid waste disposal facility, and Whatcom County and may be collected by court proceedings the same as any other debt in like amount. This provision shall be in addition to, and not in lieu of, all other existing remedies. (Ord. 2014-050 Exh. A; Ord. 97-041 Exh. A). 8.13.065 Records required. Each certificated and franchised hauler, and solid waste disposal; facility, collecting the tax imposed by this chapter shall maintain books and/or records respecting that activity which truly, completely and accurately disclose all information necessary to determine the taxpayer's tax liability hereunder during each base tax period. Such records shall be kept and maintained for a period of not less than three years. All books, records, or other items which may hereafter be required to be kept and maintained under this section shall be subject to, and immediately available for, inspection and audit at any time, with or without notice, at the place where such records are kept upon demand by the county treasurer or his/her designee, for the purpose of enforcing the provisions of this chapter. Where a certificated or franchised hauler, or solid waste disposalfacility, does not keep such books, records, or other items so that the county treasurer or an authorized designee may examine them conveniently, the certificated or franchised hauler, or solid waste disposal facility, -shall produce all of the required books, records, or items for such inspection within 10 working days following a written request by the treasurer. (Ord. 2014-050 Exh. A; Ord. 97-041 Exh. A). 8.13.070 Application of tax — Appeal. Any party aggrieved in the application of the excise tax provided for herein may appeal the same to the Whatcom County board of equalization. The decision of such board shall be binding on the county. (Ord. 2014-050 Exh. A; Ord. 97-041 Exh. A; Ord. 90-1 § 7). 8.13.080 Tax exemptions and special conditions. Solid waste generated within the district but disposed of outside of Whatcom County pursuant to authorization by the county in compliance with the plan shall be subject to the tax, unless specifically waived by ordinance. Solid waste from the Diablo area disposed of in WZ1 Skagit County shall not be subject to the tax. (Ord. 2014-050 Exh. A; Ord. 97-041 Exh. A; Ord. 90-1 § 8). 8.13.090 Penalties for nonpayment of tax. If said excise tax is not paid when billed by the certificated'' or franchised hauler, or solid waste disposal facility, the county may seek payment of the tax and secure liens and execute against the property served for the unpaid tax, penalties and interest, all as provided in RCW 36.58.140. All taxes unpaid for 90 days shall be assessed a penalty of $25.00 plus interest at the rate of one percent per month for each month said tax remains unpaid. (Ord. 2014-050 Exh. A; Ord. 97-067; Ord. 97-041 Exh. A; Ord. 90-1 § 9). 8.13.100 Management of operations. The operations of the district shall be managed by the Whatcom County health department. (Ord. 2014-050 Exh. A; Ord. 97-041 Exh. A; Ord. 90-1 § 10). 8.13.110 Use of revenues. All taxes or other fees collected pursuant to this chapter shall be deposited to the solid waste utility account, or such other accounts as may be designated pursuant to county ordinance or regulation, and shall be solely for purposes related to solid waste management and disposal, and, as to the excise tax, for those purposes set forth in Section 3 of the interlocal agreements, e.g., construction, operation, maintenance, and closure of any landfill that may be developed in the future; funding of approved recycling programs when recommended by the executive committee; public educational programs related to the management of solid waste; construction, maintenance, and operation of transfer stations, and such other programs as the executive committee may recommend pursuant to the plan; provided, however, that the county treasurer and prosecutor shall be authorized to recover their costs for tax billing and collection activities related to the solid waste excise tax up to a maximum of five percent of the funds collected. (Ord. 2014-050 Exh. A; Ord. 98-008; Ord. 97-041 Exh. A; Ord. 90-1 § 11). 8.13.120 Effective date. This chapter shall take effect on May 1, 1990. The county council shall review the need for the solid waste excise tax, the level of the tax, and the operation of the solid waste system as frequently as may be needed. Such review shall be performed no less frequently than the review of solid waste management plans as required under Chapter 70.95 RCW and as such law may be amended from time to time. (Ord. 2014-050 Exh. A; Ord. 97-041 Exh. A; Ord. 90-1 § 12). 8.13.130 Severability. The invalidity or unenforceability of any provision of this chapter shall not affect the other provisions hereof, and this chapter shall be construed in all respects as if such invalid or unenforceable provision were omitted. (Ord. 2014-050 Exh. A; Ord. 97-041 Exh. A; Ord. 90-1 § 13). 8.13.140 Annual review of tax requirements. The executive committee shall annually review the tax requirements to fund the solid waste disposal programs and advise the county council of their findings. (Ord. 2014-050 Exh. A; Ord. 97-041 Exh. A; Ord. 90-1 § 14). 425 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2017-245 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: originator: �W- �� 8/8/17 Introduction ° � 9/12/17 Public Hearing Division Head: `� �� LE � � � r-�-� Dept. Head: AUG 0 1 2017 W g C OM COUNTY Prosecutor: �'02 7. i ( Purchasing/Budget: A COUNCIL Executive: Ay", TITLE OF D CU T.- Proposed repeal of WCC 8.14, Garbage Pass -Through Fee ATTACHMENTS: Draft ordinance repealing of WCC 8.14, Garbage Pass -Through Fee in its entirety. SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( X) Yes ( ) NO SEPA review completed? ( ) Yes (X) NO Requested Date: August 8, 2017 introduction for September 12, 2017 public hearing 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.) Repeal WCC 8.14, Garbage Pass -Through Fee in its entirety due to results of historic legal arbitration ruling. COMMITTEE ACTION.• COUNCIL ACTION. 8/8/2017: Introduced 6-0, Mann absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcom.wa.us/council. M r". MEMORANDUM TO: Jack Louws, County Executive FROM: Regina A. Delahunt, Director DATE: July 25, 2017 SUBJECT: Proposed Repeal of WCC 8.14, Garbage Pass -Through Fee Please find attached a proposed repeal of WCC 8.14, Garbage Pass -Through Fee, for review and introduction for public hearing. Background and Purpose In 1987, Ordinance 87-17 imposed a per ton garbage pass -through fee on all solid waste disposed at privately owned solid waste disposal facilities as per WCC 8.14, Garbage Pass -Through Fee. In 1990, Ordinance 90-1 also levied a solid waste excise tax on solid waste `collected by each residential dwelling and by each business or institution in the District,' and a surcharge rate, whereby 'Any person not paying the tax shall pay a surcharge rate equal to 125 percent of the usual rate charged for use of county disposal facilities.' In 1997, due to a solid waste legal arbitration ruling, the surcharge was necessarily repealed, and solid waste services became unfunded. To provide funding for solid waste services, use of the existing per ton garbage pass -through fee, as per WCC 8,14, was considered. However, the same legal issues that resulted in repeal of the surcharge made the pass -through fee equally legally untenable as a funding option. Instead, as per Ordinance 97-41, the existing solid waste excise tax was utilized to fund solid waste services. Because the garbage pass -through fee was considered legally untenable following the 1997 solid waste legal arbitration ruling, and has not been used since as a funding mechanism, it is the staff recommendation that WCC 8.14, Garbage Pass -Through Fee, be repealed in its entirety as per Exhibit A attached. Please call Jeff Hegedus at x6044 if there are any questions. Thank you. Encl. 509 Girard Street 1500 North State Street Bellingham, WA 98225-4551 360.778.6100 1 FAX 360.778.�j1� WhatcomCountyHealth www.whatcomcounty.us/tf� 7 { } WhatcomCoHealth � e p a r 1 m e n l `/`/ hatcom County Bellingham, WA 98225-4005 ® 360.778.6000 1 FAX 360.778.6001 HEALTH 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 51 52 53 54 PROPOSED BY: Health INTRODUCTION DATE: 8/8/2017 ORDINANCE NO. REPEAL OF WHATCOM COUNTY CODE (WCC) 8.14, GARBAGE PASS -THROUGH FEE, IN ITS ENTIRETY WHEREAS, Ordinance 87-17 imposed a per ton pass -through fee on all solid waste disposed at privately owned solid waste disposal facilities, as per WCC 8.14, Garbage Pass - Through Fee; and, WHEREAS, due to a 1997 solid waste legal arbitration ruling, the option of funding solid waste services through the pass -through fee was considered legally untenable; and solid waste services have since been funded through a solid waste excise tax; and, WHEREAS, use of a pass -through fee to fund solid waste services, as per WCC 8.14, Garbage Pass -Through Fee, due to the legal arbitration ruling, has not and will not be implemented; and, WHEREAS, the Solid Waste Executive Committee has reviewed and recommended the repealing WCC 8.14, Garbage Pass -Through Fee. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that WCC 8.14, Garbage Pass -Through Fee is hereby repealed in its entirety as shown in Exhibit A attached hereto. ADOPTED this day of , 2017. ATTEST: Dana Brown -Davis, Clerk of the Council WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON APPROVED AS TO FORM: Civolwx osecutor Barry Buchanan, Chair Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: EXHIBIT A . . . . ... . . -- -- -- -- - - --- - -- - ""POW" - - -- -- - -- -- ---- - Ofm .... .. .. -WIN I - -- - - - - -- -- - - - -- - -- -- ---- - - - - --IAI -- --- -- - - - MAL M.-- - ------ - - - -- - - Mill jjjfjjjrj ---- - - -- - --- - - -- - - -- -- -- - - -- - -- - - - -- - - -. - - - - -- - -- - - --- -- - - --- - -- - - - - .._ I UNION -- - - - -- •- - - -- - -- --- -- - - -- - - - -- -- - - .. ... . . . . . . . . ... . . . - - - -- - - - - -- -- - - -- - - -- - - - - -- - -14 429 430 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-195 CLEARANCES Initial Date Date Received in Council Office A enda Date Assi ned to: Originator: Gary Davis r3 v f 1 i 61131,2017 PD Committee/ � L; `1�] j� �� L' VV 7 11/2017 Introduction Division Head: Council -Hearing Mark Personius lapJ •-�j( —( 7 LL�� JUN 0 6 2017 WHATCOM COUNTY COUNCIL Dept. Head. Samn R a �f %►�� (v "'l �t7 7/25/2017 :Planning Prosecutor: Royce Buckingham ^ -7 8/8/2017 PD Committee/ Introduction Purchasing/Budget: 9/12/2017 Public Hearing Executive: Jack Louws I / TITLE OF DO U NT.- Ordinance amending the Whatcom County Code Title 20 Zoning and the Whatcom County Comprehensive Plan relating to cumulative impervious surface coverage standards. ATTACHMENTS: Staff Memorandum Draft Ordinance January 17 Staff Report February 28 Staff Memorandum to Planning Commission April 19 Staff Memorandum to Planning Commission Planning Commission Minutes Planning Commission Findings and Recommendations Public Comments 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.) Ordinance amending the Whatcom County Code Title 20 Zoning and the Whatcom County Comprehensive Plan relating to cumulative impervious surface coverage standards. COMMITTEE ACTION.• COUNCIL ACTION.• 6/13/2017: Discussed 6/13/2017: Introduced 6-0, Donovan Absent 7/25/2017: Discussed and amended 7/11/2017: Referred to the Council's Planning and 8/8/2017: Discussed and forwarded to introduction Development Committee 8/8/2017: Introduced 6-0, Mann absent Related County Contract #. Related File Numbers: Ordinance or Resolution Number: PLN2016-00013 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. 431 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, lTY 800-833-6384 360-778-5901 Fax Memorandum J.E. "Sam" Ryan Director TO. The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Gary Davis, AICP, Senior Planner &AA0 THROUGH: Mark Personius, AICP, Assistant Director&,g? DATE: August 28, 2017 SUBJECT: Impervious Surface Code Amendments On August 8 the Planning and Development Committee discussed the proposed amendment that would set a cumulative threshold for impervious surfaces on parcels in the Residential Rural and Rural zones, above which use of the DOE stormwater manual would be required. The committee discussed options for calculating the threshold (see July 31, 2017 staff memorandum) and agreed on the option that places the threshold at 45,000 square feet or 5% of parcel size, whichever is larger, for parcels 2.95 acres or larger; and at 10,000 square feet or 35% of parcel size, whichever is greater, for parcels smaller than 2.95 acres. That evening the County Council introduced the draft ordinance with that threshold. The proposed ordinance is scheduled for public hearing at the September 12, 2017 County Council meeting. Please contact Gary Davis, Senior Planner, at extension 5931 if you have questions concerning this draft ordinance. 432 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 Director TO: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Gary Davis, AICP, Senior Planner OA9 THROUGH: Mark Personius, AICP, Assistant Director w? DATE: July 31, 2017 SUBJECT: Impervious Surface Code Amendments At the July 25 Planning and Development Committee meeting, PDS staff presented options for a cumulative impervious surface threshold in the Residential Rural (RR) and Rural (R) zones (see staff's July 25 memorandum for a summary). The committee asked staff to develop a new option based on the Planning Commission recommendation of 35% of parcel size with a 10,000 square foot (sf) floor and 45,000 sf ceiling, but changing the ceiling to 45,000 sf or 5% of parcel size whichever is greater. The chart below shows a new Option 1A, identical to Option ] except that parcels larger than 20.6 acres would see a gradual increase in the cumulative threshold while in Option 1 the ceiling remains a constant 45,000 sf. Imp. Surface Options for Cumulative Impervious Surface Threshold in R and RR Zones In Sq. Ft. 50,000 • • • 40,000 • 30,000 a ■ 20,000 ■ 10,000 04 Lot Cov - Approved 2012 Option 1: PC Rec. Option IA: PD Cmte Option 2: Staff Rec. •••••Option3: Hybrid Parcel Size in 0 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 Acres 433 A draft ordinance with the revised threshold is attached and scheduled for introduction at the August 8, 2017 County Council meeting. The revision is at the top of page 8 of Exhibit A. Another revision discussed by the committee, pertaining to parcels where stormwater is effectively managed by a farm plan, is on page 6. Staff has calculated the theoretical maximum coverage for this option on RR and R parcels based on the proposed threshold and finds the revision would increase the theoretical maximum impervious surface coverage from 14.16% to 14.90% (see attached calculations comparing the Planning Commission and modified Planning Commission options). As a reminder, the proposed code amendment to the stormwater regulations would place in the "high intensity" use category any project that causes the total impervious surface on a parcel to exceed the cumulative threshold. All high intensity uses require the project to adhere to the Department of Ecology stormwater manual, which requires the services of an engineer. Projects that do not cause the total impervious surface to exceed the cumulative threshold would still be subject to existing stormwater standards. All projects within the NPDES II permit area and stormwater special districts are, like all high intensity uses, required to comply with the stormwater manual. About one third of the land located within the RR and R districts and the affected watersheds is within the NPDES II permit area or a stormwater special district. For projects that do not cause the total impervious surface to exceed the cumulative threshold, and are defined as low or medium intensity uses (e.g. single family residences, agricultural buildings, and short subdivisions), WCC section 20.80.630(1)(d) establishes a set of "minimum requirements," though it does not require full compliance with the manual. These requirements are applied based on the project size and whether it is of low or medium intensity, and consist of: • Stormwater site plan • Construction stormwater pollution prevention plan (SWPPP) • Source control • Preservation of natural drainage • On -site stormwater management • Treatment • Flow control • Wetlands protection • Operation and maintenance agreement If you have any questions, please call Gary Davis, Senior Planner, at extension 5931. Attachments: Maximum impervious surface threshold calculations for Planning Commission and modified Planning Commission options Draft ordinance with revised threshold (45,000 sf or 5% ceiling) 2 434 Option 1: Planning Commission Recommendation 10,000 sq ft; 35%; 45,000 sq ft Parcel Size Max Impervious Surface % Max Imp Watershed Sum of SQF Sum of MAX IMP SFC 35 45 Sfc BELLINGHAM BAY 123,752,057 28,911,505 23.36% BIRCH BAY 364,083,279 46,458,966 12.76% DRAYTON HARBOR 1,070,651,194 125,374,771 11.71% LAKE WHATCOM 303,301,413 75,401,171 24.86% LOWER MAINSTEM NOOKSACK 245,055,489 44,339,868 18.09% LUMMI BAY 387,543,655 54,644,447 14.10% LUMMI PENNINSULA/PORTAGE ISLAND 91,007,377 11,273,007 12.39% LYNDEN NORTH 78,393,320 11,065,468 14.12% MIDDLE FORK NOOKSACK 42,203,398 6,283,541 14.89% NORTH FORK NOOKSACK 365,806,736 54,324,984 14.85% SILVER/NOOKSACK CHANNEL & DELTA 212,843,317 32,852,744 15.44% SOUTH FORK NOOKSACK 105,018,130 13,325,959 12.69% SQUALICUM 364,623,721 55,101,661 15.11% SUMAS RIVER 360,702,400 35,907,634 9.95% TEN MILE 721,157,401 97,039,061 13.46% UPPER MAINSTEM NOOKSACK 378,381,088 46,223,759 12.22% Grand Total 5,214,523,978 738,528,544 14.16% Excludes Campbell River, Point Roberts, and Samish watersheds 3 435 Option 1A: Planning Commission Recommendation with 45,000-or-5% Ceiling 10,000 sq ft; 35%; 45,000 sq ft or 5% Parcel Size Max Impervious Surface Sum of MAX IMP SFC 35 45 % Max Imp Row Labels Sum of SQF 5 Sfc BELLINGHAM BAY 123,752,057 29,066,297 23.49% BIRCH BAY 364,083,279 49,850,376 13.69% DRAYTON HARBOR 1,070,651,194 134,056,573 12.52% LAKE WHATCOM 303,301,413 76,876,027 25.35% LOWER MAINSTEM NOOKSACK 245,055,489 45,265,852 18.47% LUMMI BAY 387,543,655 58,551,096 15.11% LUMMI PENNINSULA/PORTAGE ISLAND 91,007,377 12,572,450 13.81% LYNDEN NORTH 78,393,320 11,785,535 15.03% MIDDLE FORK NOOKSACK 42,203,398 6,405,264 15.18% NORTH FORK NOOKSACK 365,806,736 57,265,436 15.65% SILVER/NOOKSACK CHANNEL & DELTA 212,843,317 34,794,415 16.35% SOUTH FORK NOOKSACK 105,018,130 13,619,612 12.97% SQUALICUM 364,623,721 56,485,624 15.49% SUMAS RIVER 360,702,400 39,064,107 10.83% TEN MILE 721,157,401 102,017,426 14.15% UPPER MAINSTEM NOOKSACK 378,381,088 49,447,211 13.07% Grand Total 5,214,523,978 777,123,300 14.90% Excludes Campbell River, Point Roberts, and Samish watersheds 4 436 7-26-2017 ORDINANCE NO. PROPOSED BY. Planning INTRODUCTION DATE: 8/8/2017 AMENDING THE WHATCOM COUNTY CODE TITLE 20 ZONING AND THE WHATCOM COUNTY COMPREHENSIVE PLAN RELATING TO CUMULATIVE IMPERVIOUS SURFACE COVERAGE STANDARDS 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 for protecting water resources; and WHEREAS, RCW 36.70A.070(1), requires that the land use element of a county comprehensive plan "shall provide for protection of the quality and quantity of groundwater used for public water supplies."; 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, Whatcom County Planning and Development Services has proposed amendments to Whatcom County Code Title 20 Zoning; and WHEREAS, The Whatcom County Council reviewed and considered Planning Commission recommendations, staff recommendations, and public comments on the proposed amendments; and WHEREAS, The County Council hereby adopts the following findings of fact and conclusions: FINDINGS OF FACT Whatcom County Planning and Development Services has submitted an application for amendments to WCC Title 20 Zoning to establish cumulative impervious surfaces. 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on January 25, 2017. Page 1 of 3 437 3. Notice of the subject amendment was submitted to the Washington State Department of Commerce on January 5, 2017. 4. Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on January 13, January 20, February 24, March 13, March 31, and April 14, 2017. 5. The Planning Commission held a public hearing on the proposed amendments on January 26, March 9, March 23, and April 27, 2017. 6. The Growth Management Hearings Board and Washington Supreme Court have found Whatcom County's Comprehensive Plan to be out of compliance with the Growth Management Act in that its rural element lacks measures to protect water quality and availability in rural areas. The Board suggested impervious surface limits as a possible measure the County might adopt to protect water quality. 7. The Whatcom County Comprehensive Plan adopts by reference County Code provisions related to water resources under Policy 2DD-2.C. Revisions to the County Code are therefore also revisions to the Comprehensive Plan. The amendments propose adding Policy 2DD-2.C.10 to adopt by reference the new impervious surface standards proposed in WCC 20.32.500 and 20.36.500. 8. On October 11, 2016 the County adopted Ordinance 2016-045 revising the County's stormwater regulations and integrating low impact development principles and best management practices into the County's development regulations in order to meet the state's 2014 NPDES Phase 2 Permit requirements. 9. The purpose of the proposed Zoning Code and Comprehensive Plan amendments is to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board. Comprehensive Plan amendments may be considered outside the annual concurrent review of Comprehensive Plan amendments per WCC 2.160.010D. 10. WCC 2.160.080 provides approval criteria for Comprehensive Plan amendments. 11. Whatcom County Comprehensive Plan (WCCP) Policy 10H-8 states: "Strongly incentivize the use of low impact development strategies. Minimize the amount of impervious surface whenever practicable by using natural engineering design methods such as the use of open, grassed, street swales and rain gardens instead of curbs and gutters. Where feasible, encourage alternate surfacing options and other techniques associated with low impact development." Page 2 of 3 MW 12. WCCP Policy 1OH-12 states: "Amend subdivision, zoning, and other land use regulations and design standards to encourage that land use activities minimize the amount of impervious surface." CONCLUSIONS 1. The amendment regarding impervious surface limits in rural zoning districts is in the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. 3. The Comprehensive Plan amendments meet the approval criteria of WCC 2.160.080. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Amendments to the Whatcom County Code and Comprehensive Plan are hereby adopted as shown on Exhibits A and B. ADOPTED this day of 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor Barry Buchanan, Chairperson ( ) Approved ( ) Denied Jack Louws, Executive Date: Page 3 of 3 439 July 26, 2017 I*.4:14=)6ff=1 Whatcom County Code AMENDMENTS TITLE 20 ZONING Chapter 20.32 RESIDENTIAL RURAL (RR) DISTRICT 20.32.656 Drainage. (Adep .) All development activity within Whatcom County shall be subject to the stormwater management provisions of the Whateem Geunty Standards WCC 20.80.630 - 20.80.635 unless specifically exempted. No project permit shall be issued prior to meeting submittal requirements relating to stormwater management in the appropriate chapters of the Whatcom County Develepment Code. Chapter 20.36 RURAL (R) DISTRICT 20.36.656 Drainage. (Adapted-by-refer-ence-rrWCCP-Chapter-?--.-) All development activity within Whatcom County shall be subject to the stormwater management provisions of WCC 20.80.630 - 20.80.635 unless specifically exempted. 1 M,1] July 26, 2017 No project permit shall be issued prior to meeting submittal requirements relating to stormwater management in the appropriate chapters of the Whatcom County {Development StandaFdsCode. . . a . . [Note: Revisions identical to the 20.36.656 revision above are made to Sections 20.34.659; 20.37.655; 20.44.652; 20.59.704; 20.60.655; 20.61.704; 20.63.654; 20,64.655; 20.67.653; and 20.69.655.] Chapter 20.80 GENERAL PROVISIONS 20.80.630 Stormwater and drainage. (1) Unless exempted in WCC 20.80.631, all development activity on lands within Whatcom County shall be subject to stormwater management requirements as follows: (a) NPDES Phase II Permit Area. Except in the Lake Whatcom Watershed Overlay District, dOevelopment activity inside the NPDES Phase II permit area shall comply with: (i) The 2012 Washington State Department of Ecology Stormwater Management Manual for Western Washington (Stormwater Manual), as amended; (ii) Appendix 1, Minimum Technical Requirements, of the Western Washington Phase II Municipal Stormwater Permit; and (iii) Appendix 7, "Determining Construction Site Damage Transport Potential," of the Western Washington Phase II Municipal Stormwater Permit. (b) Lake Whatcom Watershed Overlay District. eer�avwit#�te�FRBES Ryas k�+s 441 July 26, 2017 seeti r All development activity inside the Lake Whatcom Watershed Overlay District shall comply with Chapter 20.51 WCC, Lake Whatcom Watershed Overlay District, which satisfies all 2013 Western Washington Municipal Stormwater Permit development and redevelopment requirements. (c) Stormwater Special Districts. Except for areas within or that overlap with the NPDES Phase II permit area (see subsection (1)(a) of this section), development activity inside stormwater special districts (as defined by WCC 20.80.635) shall comply with the Stormwater Manual, using the following modified minimum requirements in the table below, and using the Stormwater Manual's definitions of terms for "stormwater site plan," "impervious surface," "hard surface," "land disturbing activity," "project," "site," and "replaced hard surface": Within Special Stormwater Districts — Modified Thresholds for Stormwater Management Table Minimum Requirement (MR)' When Required MR1 Stormwater > 500 sq. ft. of new impervious surface, or Site Plan Renovation projects where the estimated cost exceeds 50% of the assessed value MR2 Construction Always required SWPPP MR3 Source Control Not required MR4 Preserve > 500 sq. ft. of new impervious surface, or Natural Drainage Renovation projects where the estimated cost exceeds 50% of the assessed value MR5 On -Site Property >_ 2 acres meeting MR1, provide dispersion Stormwater • Property < 2 acres meeting MR1 where soils are suitable 3 442 July 26, 2017 Within Special Stormwater Districts - Modified Thresholds for Stormwater Management Table Minimum (Requirement (MR)' When Required Management for infiltration, provide infiltration • Property < 2 acres meeting MR1 where soils are not suitable for infiltration and project does not increase the 24- hour, 100-year peak flow rate by >_ 0.1cfs; provide dispersion MR6 Treatment Always required MR7 Flow Control Property < 2 acres meeting MR1 where project increases the 24-hour, 100-year peak flow rate by >_ 0.1cfs; provide detention MR8 Wetlands > 500 sq. ft. of new impervious surface, or Protection Renovation projects where the estimated cost exceeds 50% of the assessed value MR9 O&M Required only if stormwater facility installed 1 Minimum requirements MR5 - MR9 likely require preparation by a professional engineer. (d) Outside (i) the NPDES Phase II Permit Area, (ii) the Lake Whatcom Watershed Overlay District, and (iii) the Stormwater Special Districts. Development activity outside the NPDES Phase II permit area, Lake Whatcom Watershed Overlay District, and stormwater special districts (as defined by WCC 20.80.635) shall comply with the Stormwater Manual, using the following modified minimum requirements in the table below, the definitions for land use intensity in subsection (e) of this section, and using the Stormwater Manual's definitions of terms for "stormwater site plan," "impervious surface," "hard 4 443 July 26, 2017 surface," "land disturbing activity," "project," "site," and "replaced hard surface": Outside the NPDES Phase II Permit Area, the Lake Whatcom Watershed Overlay District, and the Stormwater Special Districts — Modified Thresholds for Stormwater Management Table Minimum Land Use Intensity2 Low Medium High Requirement (MR)' MR1 Stormwater Site > 7,000 sq. ft. of new >_ 4,000 sq. ft. of new Plan plus replaced hard plus replaced hard surface, or surface, or Per manual! > 14,000 sq. ft. land > 14,000 sq. ft. land disturbing activity disturbing activity MR2 Construction SWPPP Always required MR3 Source Control Not required MR4 Preserve Natural >_ 7,000 sq. ft. of new Drainage plus replaced hard surface, or > 14,000 sq. ft. land disturbing activity >_ 4,000 sq. ft. of new plus replaced hard Per MR5 On -Site Not required surface, or manual! Stormwater > 14,000 sq. ft. land Management disturbing activity MR6 Treatment Not required MR7 Flow Control Not required MR8 Wetlands >_ 7,000 sq. ft. of new ... July 26, 2017 Outside the NPDES Phase II Permit Area, the Lake Whatcom Watershed Overlay District, and the Stormwater Special Districts - Modified Thresholds for Stormwater Management Table Minimum Land Use Intensity2 Low Medium High Requirement (MR)' Protection plus replaced hard surface, or > 14,000 sq. ft. land disturbing activity MR9 O&M Required only if stormwater facility installed 1 Minimum requirements MR5 - MR9 likely require preparation by a professional engineer. 2 See subsection (1)(e) of this section to determine land use intensity. 3- Apgiication of the stormwater manual is not required where a County_, state-,_ or federally -approved farm plan, or equivalent document, demonstrates stormwater is being effectively managed to the standards equivalent to an NPDES Phase II permit. (e) The land use intensities in the above table have the following meanings. Land Use Intensity for Stormwater Management Table Note: Any project that results in new plus replaced hard surface greater than or equal to 10 percent of the gross parcel size or 20,000 sq. ft., whichever is greater, er-converts 1.5 acres of vegetation to lawn or five acres of vegetation to pasture results in cumulative impervious surface exceeding the threshold set belowi is 6 445 July 26, 2017 subject to the thresholds for "high intensity" land uses. Low I• Single-family residential and accessory uses on lots of record of 25,000 sq. ft. or larger; • Construction of agricultural buildings, including those used in the processing and wholesale of agricultural products, on agricultural land as defined by RCW 84.34.020(2); • Seasonal roadside stands; or • Roads (other than those exempt as pavement maintenance). Medium • Single-family residential and accessory uses on lots of record smaller than 25,000 sq. ft.; • Short subdivisions of land into four or fewer lots; • Minor utility developments; or • Trails and trailheads. High • All other uses, including all commercial, industrial, institutional, and urban or multifamily residential uses; • Subdivisions of land into more than four lots; • All uses on parcels bisected by the NPDES Phase II permit area boundary; er • Any project that results in new plus replaced hard surface greater than or equal to 10 percent of the gross parcel size or 20,000 sq. ft., whichever is greater, or converts 1.5 acres of vegetation to lawn or five acres of vegetation to pasture;. or • In the Rural and Residential Rural districts, any project on a parcel smaller than 2.95 acres that results in the parcel having a cumulative impervious surface exceeding 10,000 square feet or_35°/a_of gross parcei size, whichever is greater; or 7 .W July 26, 2017 • In the Rural and Residential Rural districts, any project on a parcel of 2.95 acres or larger that results in the parcel having a cumulative impervious surface exceeding 45,000 square feet or 5% of grass parcel size, whichever is greater. Note: For purposes of determining high intensity land use, the calculation of cumulative impervious surface shall not include roadways or driveways in public rights -of -way or in easements that serve other parcels. (2) No project permit shall be issued prior to meeting the stormwater requirements of this section and/or the 2012 Washington State Department of Ecology Stormwater Management Manual for Western Washington, as amended. Advisory Note: Certain stormwater discharges to natural receiving waters are subject to state water quality standards and the requirements of the National Pollutant Discharge Elimination System (NPDES). Hydraulic project approval (HPA) may also be required if stormwater is discharged to a water body or stream that provides, or could provide, habitat for fish. EXHIBIT B Whatcom Comprehensive Plan AMENDMENTS Chapter Two — Land Use Policy 2DD-2: Protect the character of the rural area through the County's development regulations. In addition to the policies of this plan that provide measures governing rural development, the following County's key development regulations are s 447 July 26, 2017 incorporated into this plan by reference to assure that the plan contains measures to protect rural character: C. Measures to protect critical areas and surface and groundwater resources: 1. Protect the functions and values of critical areas (geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas, wetlands, and habitat conservation areas) and the ecological processes that sustain them, through WCC 16.16 Critical Areas provisions, which apply throughout the rural area and are adopted herein by reference. 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. 3. Preserve and protect unique and important water resources through development standard in WCC 20.71 Water Resource Protection Overlay District and WCC 20.51 Lake Whatcom Watershed Overlay District, adopted herein by reference. 4. Protect surface and ground water resources through stormwater management standards established in the County's Development Standards per WCC 20.80.630 through -.636.635, WCC 20.51, 20.71, and 12.08.035 20.08—Fefer—enEed—in the F.,3ing Zoning Cede moisten, adopted herein by reference_: July 26, 2017 k.-28.7.653 Drainge, enefa4--N4anttfa-etuj=ifig District. 5. Assure that subdivisions meet requirements for critical areas, shoreline management, and stormwater management through the standards in the following Whatcom County Land Division regulations, adopted herein by reference: a. WCC 21.04.034 Application Procedures, Short subdivisions. b. WCC 21.05.037 Hearing Examiner Notice Hearing and Decision, Preliminary Long Subdivisions. 6. Limit water withdrawals resulting from land division through the standards in the following Whatcom County Land Division regulations, adopted herein by reference: a. WCC 21.04.090 Water supply, Short Subdivisions. b. WCC 21.05.080 Water supply, Preliminary Long Subdivisions. 7. Regulate groundwater withdrawals by requiring purveyors of public water systems and private water system applicants to comply with Washington State Department of Ecology water right requirements per WCC 24.11.050, adopted herein by reference. 8. Require evidence of an adequate water supply prior to issuance of any building permit, per WCC 24.11.060, adopted herein by reference. 9. Determine adequacy of water supply for building permit applications proposing to use a well, spring, or surface water, per WCC 24.11.090, .100, .110, .120, .130, .160, and .170, adopted herein by reference. 10. Limit phosphorus entering Lake Whatcom through WCC 20.51 Lake Whatcom Watershed Overlay District and Lake Whatcom and Lake Samish due to the application of commercial fertilizers to residential laws and public properties through WCC 16.32, adopted herein by reference. 10 e July 26, 2017 11. Protect vital drinking water, sensitive habitats, and recreational resources within the Department of Ecology's designated Western Washington Phase II Municipal Stormwater Permit area and the Lake Whatcom watershed by prohibiting illicit discharges to the county's stormwater collection system through WCC 16.36 Illicit Discharge Detection and Elimination Program, adopted herein by reference. 12. Maintain standards for clearing activity in highly valued water resource areas, environmentally sensitive areas, or areas where natural conditions are so unstable that clearing activity in the area can result in hazardous conditions per WCC 20.80.735 Water Resource Special Management Area, adopted herein by reference. 11 450 PUBLIC HEARING NOTICE Whatcom County Council will have a public hearing, consider adopting, and may amend the following at its September 12, 2017, meeting, or at a later date: ORDINANCE AMENDING THE WHATCOM COUNTY CODE TITLE 20 ZONING AND THE WHATCOM COUNTY COMPREHENSIVE PLAN RELATING TO CUMULATIVE IMPERVIOUS SURFACE COVERAGE STANDARDS (AB2017-195): This ordinance amends WCC Title 20 and the Comprehensive Plan regarding land in the Rural and Residential Rural zones, but would not apply to farms in those zones that currently have a farm plan that addresses stormwater. For the affected parcels, a new development project that causes the cumulative impervious surface to exceed a threshold of 35 percent of the parcel size, or 45,000 square feet, whichever is greater, would require use of the Department of Ecology stormwater manual to assure stormwater mitigation. This amendment is in response to the water quality portion of the Supreme Court's decision regarding water resources (the Hirst decision). A limit on impervious surfaces is one of the Growth Management Hearings Board's suggestions for additional measures to protect water quality in rural areas. Council introduced the above at its August 8 meeting. Public documents are available for review in the Council Office, 311 Grand Avenue, Bellingham, and at www.co.whatcom.wa.us/council. Meetings are in the Council Chambers, same address, at 7:00 p.m., unless otherwise announced. The Council Chambers is handicapped accessible. People with special needs or disabilities who will be attending this meeting are asked to please contact our office (778-5010 or 800-676-6757) at least 96 hours in advance, so that we may make any needed accommodations. If interpretive services or transportation is needed, please call more than two days ahead of time. Date u� %J1111aa11®,`®1� ® �JJ — J,( = .®0 COO a Dada Bre © is Cle�l .of the Council` - Publish August 12 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON VrrycBuchanAn- 11 r 451 File # PLN 2016-00013 January 17, 2016 Impervious Surface Amendments Staff Report Whatcom County Planning & Development Services Staff Report Rural Impervious Surface Amendments I. BACKGROUND INFORMATION File # PLN2016-00013 File Name: Water Resources Amendments Applicant: Whatcom County Planning and Development Services (PDS) Summary of Request: Planning and Development Services proposes amendments to Whatcom County Code (WCC) Title 20 Zoning to: 1. Add maximum limits on impervious surfaces in the Residential Rural (RR) and Rural (R) zones, 2. Update references to stormwater standards in several chapters of the zoning code. The proposed amendments to the Whatcom County Comprehensive Plan (WCCP) include adding a reference to the impervious surface standards in the zoning code and updating the plan's references to the stormwater standards. Location: County -wide. Staff Recommendation: Approval. II. BACKGROUND The purpose of the amendments is to resolve part of an appeal of the WCCP filed with the Growth Management Hearings Board. The amendments are in response to the Washington Supreme Court's October 6, 2016 Hirst decision affirmed the June 7, 2013 Growth Management Hearings Board order, which found that the WCCP does not contain adequate measures to protect water quantity and water quality (the WCCP does not contain policies regarding protection of water quality that apply throughout the rural area). The County is in the process of addressing the first issue, water quantity, through new regulations requiring proof of adequate legal water supply prior to issuance of development permits (Ordinance 2016-066). The proposed amendment setting standards for impervious surface (attached) is 452 File # PLN 2016-00013 Impervious Surface Amendments January 17, 2016 Staff Report intended to address the second issue, water quality. Impervious surface regulation is one of the measures suggested by the Growth Management Hearings Board in its 2013 order (Case No 12-2-0013, June 7, 2013 Final Decision and Order, p. 43) and suggested again in Justice Madsen's opinion concurring with the Hirst decision. III. AMENDMENT PROVISIONS The attached code amendment would place limits on impervious surfaces on lots in the Residential Rural (RR) and Rural (R) zoning districts. The proposed square footage limits would include the building footprints permitted under the 2012 lot coverage limits plus additional areas such as driveways, patios, and other impervious surfaces not covered by buildings. Pervious pavement, and driveways in public rights of way or serving other lots, would be excluded from the impervious surface total. The revised stormwater standards adopted in 2016 establish thresholds for individual buildings that would be subject to stormwater management per the 2012 Department of Ecology Stormwater Manual but those standards do not address the cumulative effect on a lot. These proposed amendments provide a cumulative standard for all impervious surfaces on a lot but allow for exceeding that maximum if stormwater is managed through the 2012 manual. This measure would be adopted by reference into the WCCP with the addition of a new Policy 2DD-2.C.10. PDS proposed impervious surface standards as part of the Rural Element amendments in 2012, at the same time revised lot coverage (maximum building footprint) regulations were proposed. The lot coverage standards were adopted (WCC 20.32.450 and 20.36.450) but the additional impervious surface standards were not. The proposed impervious surface standards would provide a measure to protect water quality in the rural areas, while the existing lot coverage standards would serve more to protect rural character by limiting size of buildings (exempting agricultural buildings). PDS prepared the attached study of typical impervious surface and lot coverage patterns in the rural areas for discussion in 2012. This study focuses on smaller rural lots (created in 2-acre zoning or nonconforming lots in 5-acre zoning) where impervious surface maximums are likely to be the most challenging. The study indicates that on some of these lots (A, J, N, R, V, W, and X) the the proposed impervious surface coverage is already exceeded. The proposed amendments would allow relief for these lots similar to relief allowed for other nonconforming uses. 2 453 File # PLN 2016-00013 January 17, 2016 Impervious Surface Amendments Staff Report Other County actions responding to the water quality aspect of the Hirst decision have been completed or are pending. One finding of the decision is that the policy that adopted by reference the County's provision for self -inspection of on -site septic systems (OSS), Policy 2DD-2.C.2, does not adequately protect water quality. The County Health Department will soon be proposing amendments to the County's Health Code that would eliminate the provision for OSS self -inspection. This would amend WCC Chapter 24.05, which is adopted by reference in WCCP Policy 2DD- 2.C.2. On October 11, 2016 the County adopted Ordinance 2016-045 revising the County's stormwater regulations and integrating low impact development principles and best management practices into the County's development regulations in order to meet the state's 2014 NPDES Phase 2 Permit requirements. These regulations apply throughout the County, including all the rural areas. The stormwater standards were consolidated into WCC 20.80.630-635. These proposed amendments would update various code chapters to refer to that section of the code, rather than the County Development Standards document, where the standards had been located prior to Ordinance 2016-045. Proposed amendments to WCCP Policy 2DD-2.C.4 reflect this change. In addition, the proposed WCCP amendment adds wording to Policy 2DD-2.C.1, clarifying that the County's Critical Areas Ordinance (WCC Chapter 16.16) applies to the entire rural area. IV. COMPREHENSIVE PLAN AMENDMENT CRITERIA This proposal includes WCCP amendments that would update references to the water quality provisions of WCC. Per WCC 2.160.080, in order to approve an initiated comprehensive plan amendment, the planning commission and the county council shall find all of the following: 1. The amendment conforms to the requirements of the Growth Management Act, is internally consistent with the county -wide planning policies and is consistent with any interlocal planning agreements. The amendment is intended to conform to the GMA requirement of measures to protect water quality in the rural element of the Comprehensive Plan. 2. Further studies made or accepted by the department of planning and development services indicate changed conditions that show need for the amendment. 3 454 File # PLN 2016-00013 Impervious Surface Amendments January 17, 2016 Staff Report The findings of the Growth Management Hearings Board and Supreme Court suggest the need for the amendment. 3. The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: a. The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan. The amendment is intended to lessen the impact of population growth and conversion of land on water quality. b. The anticipated effect on the ability of the county and/or other service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. The amendment is not expected to affect provision of services. c. Anticipated impact upon designated agricultural, forest and mineral resource lands. The amendment primarily affects rural lands, not resource lands. 4. The amendment does not include or facilitate spot zoning. The amendment proposes no change of zoning boundaries. 5. Urban growth area amendments that propose the expansion of an urban growth area boundary shall be required to acquire development rights from a designated TDR sending area. The amendment proposes not changes to urban growth area boundaries. V. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION Staff recommends the Planning Commission adopt the following findings of fact and reasons for action: Whatcom County Planning and Development Services has submitted an application for a code amendment to limit impervious surfaces in the Residential Rural (RR) and Rural (R) zones. 4 455 File # PLN 2016-00013 January 17, 2016 Impervious Surface Amendments Staff Report 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on January , 2017. 3. Notice of the subject amendment was submitted to the Washington State Department of Commerce on January 5, 2017. 4. Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on January 13, 2017. 5. The Planning Commission held a public hearing on the proposed amendments on January 26, 2017. 6. The Growth Management Hearings Board and Washington Supreme Court have found Whatcom County's Comprehensive Plan to be out of compliance with the Growth Management Act in that its rural element lacks measures to protect water quality and availability in rural areas. The Board suggested impervious surface limits as a possible measure the County might adopt to protect water quality. 7. The Whatcom County Comprehensive Plan adopts by reference County Code provisions related to water resources under Policy 2DD-2.C. Revisions to the County Code are therefore also revisions to the Comprehensive Plan. The amendments propose adding Policy 2DD-2.C.10 to adopt by reference the new impervious surface standards proposed in WCC 20.32.500 and 20.36.500. 8. On October 11, 2016 the County adopted Ordinance 2016-045 revising the County's stormwater regulations and integrating low impact development principles and best management practices into the County's development regulations in order to meet the state's 2014 NPDES Phase 2 Permit requirements. 9. The purpose of the amendments is to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board. Such amendments may be considered outside the annual concurrent review of Comprehensive Plan amendments per WCC 2.160.010D. 10. WCC 2.160.080 provides approval criteria for Comprehensive Plan amendments. VI. PROPOSED CONCLUSIONS 1. The amendment regarding impervious surface limits in rural zoning districts is in the public interest. 456 File # PLN 2016-00013 January 17, 2016 Impervious Surface Amendments Staff Report 2. The amendments are consistent with the Whatcom County Comprehensive Plan. 3. The Comprehensive Plan amendments meet the approval criteria of WCC 2.160.080 VII. RECOMMENDATION Planning and Development Services recommends the Planning Commission forward the proposed amendments to the County Council with a recommendation of approval. Attachments: Proposed Amendments Lot Coverage and Impervious Surface Estimates 457 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum TO: The Honorable Planning Commission FROM: Gary Davis, AICP, Senior Planner THROUGH: Mark Personius, AICP, Assistant Director DATE: February 28, 2017 SUBJECT: Impervious Surface - Alternative Draft Amendment J.E. "'Sam" Ryan Director On January 26, 2017 the Planning Commission held a public hearing on Planning and Development Services staffs proposed addition of an impervious surface limit in the Residential Rural and Rural zoning districts. At that meeting, commissioners asked for a revised proposal with larger limits or more flexibility on storm water treatment of impervious surfaces, and requested additional information on the Growth Management Hearings Board (Board) suggestions for measures to protect water quality contained in their 2013 order, and on water quality science. Attached is a revised draft of the code amendments. In this draft, impervious surface provisions would be incorporated into the newly -revised stormwater provisions in WCC 20.80.630 rather than as maximum "impervious surface" size limits in Chapters 20.32 and 20.36, which govern Residential Rural and Rural zoning districts. Those latter two chapters would still contain "lot coverage" standards for maximum structure coverage, as well as references to WCC 20.80.630 for drainage/stormwater standards. The revised amendment also raises the impervious surface threshold for stormwater review to a cumulative impervious surface amount of 10,000 square feet or 35% of the parcel size (whichever is greater) for parcels under 3 acres, and any project in which the cumulative total of impervious surface is more than 45,000 square feet on parcels greater than 3 acres. The hard limit on impervious surfaces has been removed. Below is the paragraph from the Board's June 7, 2013 order listing the Board's suggestions: 1 458 In sum, the County is left without Rural Element measures to protect rural character by ensuring land use and development patterns are consistent with protection of surface water and groundwater resources throughout its Rural Area. This is especially critical given the water supply limitations and water quality impairment documented in this case and the intensity of rural development allowed under the County's plan. The record shows that the County has many options for adopting measures to reverse water resource degradation in its Rural Area through land use controls. As is discussed by state agency reports and the County's own Comprehensive Plan, the County may limit growth in areas where water availability is limited or water quality is jeopardized by stormwater runoff. It may reduce densities or intensities of uses, limit impervious surfaces to maximize stream recharge, impose low impact development standards throughout the Rural Area, require water conservation and reuse, or develop mitigation options. The County may consider measures based on the strategies proposed in the Puget Sound Action Agenda, the WRIA 1 process, WDFW's Land Use Planning Guide, Ecology's TMDL or instream-flow assessments, or other ongoing efforts. It may direct growth to urban rather than rural areas. As staff said on January 26, the County has already addressed several of these suggestions. In October 2016 the County adopted low impact development standards and a revision to its stormwater code in WCC 20.80.630. Reducing densities and directing growth to urban areas had already been accomplished to a great extent during the 2011-12 rural element rezones, and the recent urban growth area review done as part of the 2016 Comprehensive Plan update. Though growth limitations would have an effect on creating less impervious surfaces, these measures are arguably geared more toward water quantity issues than water quality, as are conservation and mitigation options. The Board's order (p. 32) also cites science -based policy recommendations from the Washington Department of Fish and Wildlife's "Planning for Salmon, Steelhead and Trout," which in turn references the Booth and May studies cited by staff at the January 26 meeting: "Traditional urban and rural development practices remove forests, vegetation and topsoil, compact soils, and increase impervious surface areas, diminishing the land's ability to hold and infiltrate rainwater. The remaining water becomes stormwater runoff, rushing off impervious surfaces such as roofs, roads and compacted soils instead of infiltrating the soil column (Booth 2000). Runoff is of particular concern in regions of intense rainfall, such as glacial outwash regions surrounding Puget Sound, or limited vegetation and landscapes with thin soils, such as the arid and semiarid interior east of the Cascade Range (Booth 2000). Recent research in western Washington has determined that measurable degradation to downstream aquatic habitat occurs where impervious cover exceeds 5-10% and native forest cover is reduced to less than 65% of watershed area (May et al. 1996; Booth 2000). Washington state agencies such as the Puget Sound Partnership and the State of Washington Department of Ecology, as well as the federal Environmental Protection Agency, have determined that stormwater runoff is the leading contributor to water quality pollution of urban waterways in western Washington State 459 (http://www.psp.wa,gov/storm water.php). Therefore. it is imperative that local governments manage stormwater with policies, regulations and incentive programs (e.g. Low Impact Development) to reduce and treat stormwater runoff." As staff presented on January 26, the May study did not say 5-10% impervious surface level represented a threshold: Results of the Puget Sound Lowlands study have shown that physical, chemical, and biological characteristics of streams change with increasing urbanization in a continuous rather than threshold fashion. Although the patterns of change differed among the attributes studied and were more strongly evident for some than for others, physical and biological measure generally changed most rapidly during the initial phase of the urbanization process as %TIA above the 5-10% range. As urbanization progressed, the rate of degradation of habitat and biologic integrity usually became more constant. And the Booth study added: Almost every increment of cleared land, and of constructed pavement, is likely to result in some degree of resource degradation of loss. The decision of how much is "acceptable" is as thus as much a social decision as a hydrologic one. Links to the full GMHB order and the Booth and May studies are provided below: GMBH Case No. 12-2-0013 Final Decision and Order, June 7, 2013 http://www.gmhb.wa.gov/LoadDocument.aspx?did=3321 Derek B. Booth, "Forest Cover, Impervious -Surface Area, and the Mitigation of Urbanization Impacts in King County, Washington, 2000 https://www.researchgate.net/publication/251805504 FOREST COVER IMPERVIOU S-SURFACE AREA AND THE MITIGATION OF FOREST COVER IMPERVIOUS - SURFACE AREA AND THE MITIGATION OF URBANIZATION IMPACTS IN KING C OUNTY WASHINGTON URBANIZATION IMPACTS IN KING COUNTY? sg=ml80osIB 9mgEGcXY6TSlx 490a2SoxogUvNrWIRmwKoiGdLdeAH89S2nfA5eII eDPgL7WZNDb7 Eiutc038FFw Christopher W. May, Richard R. Horner, James R. Karr, Brian W. Mar, Eugene B. Welch, "The Cumulative Effects of Urbanization on Small Streams in the Puget Sound Lowlands Region," 1997 https://www.researchgate.net/publication/`240437080 Effects of Urbanization on S mall Streams in the Puget Sound Lowland Ecoregion Attachments: Revised Draft Amendments M WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TiY 800-833-6384 360-778-5901 Fax Memorandum TO: The Honorable Planning Commission FROM: Gary Davis, AICP, Senior Planner THROUGH: Mark Personius, AICP, Assistant Director DATE: April 19, 2017 SUBJECT: Impervious Surface - April 27 Public Hearing J.E. 'Sam" Ryan Director In January 2017 the Planning Commission held a public hearing on Planning and Development Services staffs proposed addition of an impervious surface limit in the Residential Rural and Rural zoning districts. At that meeting, commissioners asked for a revised proposal with larger limits or more flexibility on storm water treatment of impervious surfaces. Staff returned with a revised draft for a second public hearing on March 9. Under that proposal, impervious surface provisions would be incorporated into the newly - revised stormwater provisions in WCC 20.80.630 rather than as maximum "impervious surface" size limits in Chapters 20.32 and 20.36, which govern Residential Rural and Rural zoning districts (those latter two chapters would still contain "lot coverage" standards for maximum structure coverage, as well as references to WCC 20.80.630 for drainage/stormwater standards). The revised amendment also raised the impervious surface threshold for stormwater review to a cumulative impervious surface amount of 10,000 square feet or 35% of the parcel size (whichever is greater) for parcels under 3 acres, and any project in which the cumulative total of impervious surface is more than 45,000 square feet on parcels greater than 3 acres. The hard limit on impervious surfaces was removed. Because the threshold would be located in the general "supplementary requirements" chapter of the code, it would be effective countywide, not just in the R and RR zones. At a third public hearing on March 23, the Planning Commission asked staff to return in April to discuss options for reducing the impact on agricultural uses, as the greater concern for stormwater runoff is on the smaller parcels in the Rural zones, rather than agricultural uses on larger parcels where there is more room for water to be infiltrated 461 on the site. At that meeting, four alternatives were discussed, each of which would provide relief for agricultural uses on large parcels: Option ].: Return to original proposal of applying the requirements to the Residential Rural (RR) and Rural (R) zones only. Option 2: Replace the 45,000 square foot threshold for all parcels over three acres with a threshold that increases based on a percentage of the parcel size. Option 3: Exempt uses where stormwater is managed through a farm plan. Option 4: Exempt all parcels over 20 acres. Option 1 would make the threshold apply to the RR and R zones only, and not the Ag zone. The disadvantage of this option is that agricultural uses in the RR and R zones would be subject to different rules that those in the Ag zone. This option could be accomplished either by placing the threshold in the Zoning Code chapters for the RR and R zones (WCC 20.32 and 20.36, as was originally proposed) or by noting in the stormwater standards of 20.80.630 that the thresholds apply to R and RR zones only (of the two, staff would recommend the latter). Option 2 would require a new formula for the percentage of the parcel covered by impervious surface (the March 10 draft holds the threshold constant at 45,000 square feet - a little over one acre - for parcels larger than 3 acres). A disadvantage of tying the threshold to parcel size is that an agricultural operation can consist of several tax parcels under the same ownership, and the parcel on which a project is proposed might be a relatively small one and subject to a lower threshold than if the parcel lines were drawn differently. Option 3 would require PDS staff to ascertain whether a parcel has a farm plan or nutrient management plan that assures retention and infiltration on the parcel. An advantage of this option is that stormwater mitigation measures would not be duplicated; if a farm plan already shows that stormwater is being effectively managed, there would be no need for additional study. A disadvantage of Option 3 is that some agricultural uses (particularly berry operations) might not have a farm plan currently. Option 4 would exempt parcels larger than 20 acres that have considerable impervious surface and may or may not retain all its stormwater. Also, as in Option 2, tax parcel sizes may vary, making some agricultural operations subject to the thresholds, while others that happen to be on larger parcels are not. Staff discussed these four options with the Agricultural Advisory Committee (AAC) at its April 12 meeting. Though the committee lacked a quorum and could not make a formal recommendation, consensus of those present was to support Option 3. Staff concurs with the AAC that this is the most equitable and effective option, and 462 has added it to the draft code amendment (Exhibit A), as a note in 20.80.630, p. 5- 6. Also proposed was a change to the definition of "impervious surface" to WCC 20.97 Definitions, exempting driveways serving other lots from the impervious surface calculation for a parcel. The Department of Ecology submitted a comment letter saying these surfaces would be considered impervious surfaces in the Ecology's stormwater manual, and this blanket exemption could be inconsistent with the stormwater manual. Staff proposes moving the exemption to the cumulative impervious surfaces standards of 20.80.630, where it is clear the exemption would only apply to determining the threshold for requiring use of the stormwater manual, rather than change the countywide definition of impervious surface. As discussed in the January staff report, this action also includes proposed amendments to the Comprehensive Plan (Exhibit B) updating Policy 2DD-2.C.4's references to stormwater standards in WCC, and adding wording to Policy 2DD- 2.C.1 clarifying that the County's Critical Areas Ordinance (WCC Chapter 6.16) applies to the entire rural area. Proposed findings of fact and reasons for action (revised): 1. Whatcom County Planning and Development Services has submitted an application for amendments to WCC Title 20 Zoning to establish cumulative impervious surfaces. 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on January 25, 2017. 3. Notice of the subject amendment was submitted to the Washington State Department of Commerce on January 5, 2017. 4. Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on January 13, January 20, February 24, March 13, March 31, and April 14, 2017. 5. The Planning Commission held a public hearing on the proposed amendments on January 26, March 9, March 23, and April 27, 2017. 6. The Growth Management Hearings Board and Washington Supreme Court have found Whatcom County's Comprehensive Plan to be out of compliance with the Growth Management Act in that its rural element lacks measures to protect water quality and availability in rural areas. The Board suggested impervious surface limits as a possible measure the County might adopt to protect water quality. 7. The Whatcom County Comprehensive Plan adopts by reference County Code provisions related to water resources under Policy 2DD-2.C. Revisions to the County Code are therefore also revisions to the Comprehensive Plan. The amendments propose adding Policy 2DD-2.C.10 463 to adopt by reference the new impervious surface standards proposed in WCC 20.32.500 and 20.36.500. 8. On October 11, 2016 the County adopted Ordinance 2016-045 revising the County's stormwater regulations and integrating low impact development principles and best management practices into the County's development regulations in order to meet the state's 2014 NPDES Phase 2 Permit requirements. 9. The purpose of the proposed Zoning Code and Comprehensive Plan amendments is to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board. Comprehensive Plan amendments may be considered outside the annual concurrent review of Comprehensive Plan amendments per WCC 2.160.01OD. 10. WCC 2.160.080 provides approval criteria for Comprehensive Plan amendments. 11. Whatcom County Comprehensive Plan (WCCP) Policy 1OH-8 states: "Strongly incentivize the use of low impact development strategies. Minimize the amount of impervious surface whenever practicable by using natural engineering design methods such as the use of open, grassed, street swales and rain gardens instead of curbs and gutters. Where feasible, encourage alternate surfacing options and other techniques associated with low impact development." 12. WCCP Policy 1OH-12 states: "Amend subdivision, zoning, and other land use regulations and design standards to encourage that land use activities minimize the amount of impervious surface." Proposed Conclusions: 1. The amendment regarding impervious surface limits in rural zoning districts is in the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. 3. The Comprehensive Plan amendments meet the approval criteria of WCC 2.160.080. Attachments: Exhibit A: Proposed Zoning Code Amendments Exhibit B: Proposed Comprehensive Plan Amendments M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 26, 2017 Regular Meeting Call To Order: The meeting was called to order, by Whatcom County Planning Commission Chair, Nicole Oliver, in the Whatcom County Northwest Annex at 6:30 p.m. Roll Call Present: Natalie McClendon, Jerry Vekved, Gary Honcoop, Nicole Oliver, Michael Knapp, Kelvin Barton, Andy Rowlson, Atul Deshmane David Hunter in attendance at 6:34 Staff Present: Mark Personius, Ryan Ericson, Gary Davis, Becky Boxx Department Update Mark Personius updated the commission on the following: 1 • Mr. Personius presented Kate Blystone who was chosen to fill the vacancy on the Planning Commission. She will begin serving at the February 9, 2017 meeting. • Mr. Personius thanked Jerry Vekved and presented him with a plaque for his years of service on the commission. • The upcoming Planning Commission schedule. • Updates from County Council. Open Session for Public Comment Carole Perry, Whatcom County: Thanked Commissioner Vekved for his work on the commission. She commented on the Planning Commission meeting that had taken place regarding dog kennels. That meeting was a disaster because not all of the commissioners were at the meeting. Because lot of the members were not at the meeting the truth didn't really come out. She asked if there is some sort of code stating who a Planning Commissioner member should be or who they should represent. She would like to know how they are chosen. (Staff will supply her with the information.) Commissioner Comments Commissioner Honcoop thanked Commissioner Vekved for his service on the commission. Commission Deshmane also thanked Commissioner Vekved. Commission Hunter also thanked Commissioner Vekved. File #PLN2016-00013: Proposed amendments to the Whatcom County Code Title 20 Zoning, adding standards for impervious surface coverage in the Residential Rural (RR) 465 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 26, 2017 Reqular Meeti ptl 1 and Rural (R) districts, amending references to stormwater standards, in addition to 2 amendments to the Whatcom County Comprehensive Plan Policy 2DD-2.0 to amend 3 references to WCC Title 20 Zoning. 4 5 Gary Davis presented the staff report. 6 7 These amendments would add maximum limits on impervious in the Residential Rural 8 (RR) and Rural (R) zones. It would also update references to stormwater standards in 9 several chapters of the zoning code. It would also amend the Comprehensive Plan by 10 adding a reference to the impervious surface standards that would be added to the 11 zoning code and updating the plan's references to the stormwater standards which 12 were updated and moved last year. The purpose of the amendment is to respond to 13 the Supreme Court's October 6, 2016 Hirst Decision which affirmed the 2013 Growth 14 Management Hearing's Board (GMHB) order that found that the county's 15 Comprehensive Plan does not contain adequate measures to protect water quantity 16 and quality. The county is in the process of addressing the first issue. Setting 17 standards for impervious surface is intended to address the second issue which is 18 water quality. This is one of the measures suggested by the GMHB in its 2013 order. 19 Back in 2012, when the county was originally responding to the GMHB decision on the 20 2011 Rural Element amendments, the county adopted new lot coverage requirements, 21 which were basically 20 percent of the lot area which was capped at 25,000 square 22 feet. The impervious surface amendments were proposed at the same time but were 23 not adopted. The lot coverage standard applies to structures only. What is being 24 proposed now is to, in addition to that, add more room to allow for impervious surfaces 25 such as driveways, patios, etc. That would create a cap of 25 percent up to 35,000 26 square feet. Back in 2012 the county did a study looking at some sample parcels from 27 around the county. They were designed to look at what might be the toughest cases. A 28 lot of them are on smaller lots. Parcels that have existing impervious surfaces greater 29 than 25 percent would be considered nonconforming and they would be treated as any 30 other nonconforming use. In 2012 staff presented some studies that had been 31 commonly cited in Western Washington regarding impervious surfaces. Is there a good 32 threshold and hard and fast rule for what percentage improves water quality? What 33 one of the studies found says that degradation of water quality occurs pretty rapidly, 34 into the 5 and 10 percent impervious surface range. After that it is a judgement call. 35 Other studies have shown there is no truly negligible amounts of clearing or watershed 36 imperviousness. The decision about how much is acceptable is as much a social 37 decision as a hydrologic one. In October 2016 the county adopted revised stormwater 38 regulations. The impervious surface proposals do not make any changes to those 39 regulations but they would update various code chapters that refer to the stormwater 40 regulations. 41 42 Commissioner Oliver asked if there were any other options the county was looking at. 43 44 Mr. Davis stated the county has already done low impact development and there were 45 some rezones done. The Health Department is proposing changes to the on -site septic 46 inspection system. There are also the recently adopted stormwater changes. 47 M RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 26, 2017 Regular Meeting 3 1 Commissioner Oliver asked if driveways in the public right-of-way are exempt. 2 3 Mr. Davis stated driveways in an easement or public right-of-way would be exempt. 4 Also not counted against the property is a driveway that crosses your property and 5 accesses the neighbor. Driveways on your property, only used by you, would be 6 counted. 7 8 Commissioner Honcoop stated the site of the residence on a property is typically 9 decided by type of soils, critical areas, etc. Sometimes there is no choice but to put the 10 house at the back of the property and have a long driveway. 11 12 The hearing was opened to the public. 13 14 Loren VanderYacht, Whatcom County: Mr. VanderYacht distributed photos of his 15 property. He stated he has five acres which he has lived on for 19 years. Clean 16 stormwater is not only a personal priority but also a civic duty. He has 25 years' 17 experience in the asphalt business. He has built several hundred driveways and 18 parking lots including their stormwater conveyance systems, both pervious and 19 impervious. If this proposal goes through his property will be nonconforming. He 20 currently has about 41,000 square feet of impervious surface. He had been planning 21 on doing a 1,000 square foot addition to his house but he would not be able to if this 22 passes. It will be cost prohibitive to do engineered stormwater. He has built his own 23 driveway which should be a model for stormwater. The stormwater pond doubles as a 24 green swimming pool. It does not use chemicals. All of the stormwater from the 25 buildings is piped into catch basins, goes through a rain garden or infiltrated through 26 sand layers. He would like the cap changed to 45,000 or 50,000 square feet. 27 28 Ron Reimer, Whatcom County: He is an excavation contractor. He has taken low 29 impact development classes at Washington State University. Making people get 30 professional stormwater design is going to kill them financially. It does not have to be 31 that way. Top soil can be brought in to mitigate the runoff. That is a simple answer. 32 Why add an arbitrary cap? It should just be left at a percentage. These things can be 33 done very simply. You are not considering all of the impacts to the rural lifestyle and 34 certainly not to farming. Don't put limits on people. Give them criteria and a 35 reasonable expectation. 36 37 Carole Perry, Whatcom County: Most of the people in this room have had training on 38 this issue. You have to in order to understand it. Is there any science that supports 39 what is being done? Last Tuesday the council discussed the septic tank issue. We have 40 been lead to believe that the county is running with sewage all over. Now they want to 41 take away letting a person do their own inspection. The actual numbers show that out 42 of 600 people that did their own inspection only 17 failed. Ordinary citizens can't 43 understand all of these rules. How do all of these rules affect real people on the 44 ground? 45 46 The hearing was closed to the public. 47 467 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 26, 2017 Regular Meeti 0 1 Mr. VanderYacht stated he has taken classes regarding pervious and impervious 2 pavement design. Porous pavement works until it plugs. They all plug. He can treat the 3 water just as good with a conventional pavement system as with he can with porous 4 pavement as long as the soil conditions allow him to do so. The pervious surface limits 5 become very arbitrary. 6 7 Commissioner Barton asked what the maintenance cycle is for cleaning of pervious 8 surfaces. 9 10 Mr. VanderYacht stated the problem is no one maintains them. The schedule depends 11 on the site. It could be as frequent as monthly. You design them as if they are going to 12 fail which it will if not maintained. 13 14 Commissioner Honcoop stated rural areas are not like urban areas. If you look at 15 coverage per acre and look at urban versus rural impervious surfaces your total 16 coverage is urban areas is significantly greater. In rural areas the runoff on the site is 17 typically very limited. Most of the time the water shedding off of the driveway is hitting 18 the grass on each side and that is the end of it. That is the way it should be. The 19 percentages are much too low because it is not allowing the area that would be 20 created by the driveways in a typical rural area. In the rural areas the house is 21 typically not up against the road as in urban areas, for a variety of reasons. Where did 22 these percentages come from? They are just pulled out of the air. Where is the 23 scientific backing? 24 25 Commissioner Rowlson asked if this proposal is the least onerous, the most or where is 26 it in the range of solutions to solve the lawsuit. 27 28 Mr. Davis stated this is the number we are starting with based on proposals from 29 2012. Is there anything magical about the 35,000 foot cap? No. 30 31 Commissioner Rowlson asked if there is a magic number. 32 33 Mr. Davis stated the studies he summarized earlier indicate thee is no magic number. 34 It's a balancing act. 35 36 Commissioner Rowlson stated that is an issue for him because there is only one 37 proposal with one option. It would be helpful to have ranges of options. The 38 commission has no idea what the right number would be. Are there other things that 39 can be done besides lot coverage? He had no idea what was in the tool kit. 40 41 Mr. Ericson clarified the new rules that were put into effect in October 2016. If a 42 project comes in that is 20,000 square feet of impervious surface, or greater, it 43 triggers review of the stormwater manual. With this impervious surface area proposal 44 this catches the cumulative impacts to the lot. 45 M RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 26, 2017 ular Meetin 5 1 Commissioner Knapp asked if there were specific violations that triggered the need to 2 do this. What is prohibiting illicit discharge? Other than the state asking the county to 3 bring this into compliance is there any specific thing that triggered it? 4 5 Mr. Ericson stated the illicit discharge program is a requirement of our phase II 6 stormwater NPDES permit. The state requires the county to have the program. 7 Commissioner Knapp asked if there is a certain threshold that has been violated that 8 caused the county to need to do this. 9 10 Mr. Ericson stated Whatcom County streams are impaired. They don't meet the state 11 water quality standards. That is the driving force of the court case. The illicit discharge 12 is prohibiting the discharge of anything but rainwater into the stormwater system. The 13 impervious surface wouldn't get to that because that is more targeted at oil, 14 phosphates, etc. getting into the system. 15 16 Commissioner Hunter stated the thing he was concerned about was the dissatisfaction 17 with the underlying premise that there is a good reason for attempting to establish 18 limits on impervious surfaces. Whether there is some evidence that impervious 19 surfaces create problems for us. What is the science? He was not ready to make any 20 decisions because of his uncertainty about the full understanding of what is happening 21 and why these regulations occur. The public seems to be uneasy about these things. 22 He asked if staff could provide the commission what it is that linked the problems with 23 impaired water systems and impervious surfaces. Is there precise information that 24 provides them with guidance in order to help them? There is the assumption that this 25 is a very hard decision to make on individual property owners in the county and they 26 are wondering why it can't be done more simply. He was open to less onerous ways to 27 resolve the problem of degradation of our waterways. He was not open to ignoring the 28 problem of the degradation of waterways. 29 30 Commissioner Honcoop stated there should be some simple things in the toolkit. We 31 should be looking at what is existing and what is new. If the water is not leaving the 32 site it shouldn't be an issue. If it is not discharging to a public body of water it doesn't 33 need to be treated. Someone should be able to demonstrate this and not be limited to 34 the square footage. There should be options. 35 36 Commissioner Deshmane agreed that there should be some flexibility. People often 37 buy property with plans of what they want to do with it so they should be able to 38 without having these strict regulations. It would be good to understand how this court 39 decision connects to this particular policy. 40 41 Commissioner Barton agreed there needs to be more tools in the toolkit. Applicants 42 should be able to show other alternatives. He also wanted to know the scientific data 43 behind the numbers chosen. 44 45 Mr. Davis reviewed the options stated in the GMHB case. It states the County may limit 46 growth in areas where water availability is limited or water quality is jeopardized by 47 stormwater runoff. It may reduce densities or intensities of uses, limit impervious w• RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 26, 2017 ular Meetin lA 1 surfaces to maximize stream recharge, impose low impact development standards 2 throughout the Rural Area, require water conservation and reuse, or develop mitigation 3 options. Some of these apply to water quantity, where we are only looking at quality in 4 these regulations. 5 6 Commissioner McClendon wanted conformation on the comments she heard that if the 7 water is not running off the site none of this matters. Is that true? 8 9 Mr. Ericson stated full dispersion is one of the options but the 2012 stormwater manual 10 almost always jumps to engineering. The option of ignoring runoff is no longer there 11 because of restrictions from the state. 12 13 Commissioner Oliver stated there needs to be more context to get them to why we are 14 doing this. Saying it is because the court says we have to is not going to fly. What is a 15 reasonable reaction to the court order? We aren't doing these things to penalize 16 individuals we are doing it for the bigger picture reason which is Puget Sound is 17 polluted. Everyone has to do this. The economy is currently supporting spending large 18 amounts of money to develop lots that would have never been developed before. 19 20 Commissioner Honcoop pointed out examples where it is highly unlikely the water is 21 running into Puget Sound. Why is a driveway exempt if it is for access for the 22 neighbor? It has the same amount of runoff. The key to all of this is not concentrating 23 that water. Driveways, of reasonable width, don't concentrate the water. Houses, 24 patios, etc. should be treated differently than driveways. 25 26 Commissioner Rowlson commented on some comments made. It has been said if the 27 water does not leave the site than it is good, but is it clean? 28 29 Mr. Personius stated the issue there is that it doesn't flow into a stream and pollute it. 30 The presumption is that if the water stays on site the filtering occurs as it permeates 31 the soil. 32 33 Commissioner Oliver stated that if you get over a certain amount of impervious surface 34 you have to hire someone to show that doesn't leave the site. 35 36 Commissioner Honcoop stated the fix through the manual is worse than if you do 37 nothing. 38 39 Commissioner Hunter stated laws can't be written that address every single issue. 40 Rules have to be written that cover generalized situations, to some extent. He would 41 love to see a limit on density in the rural areas but can't imagine how it can be done. It 42 can't be done unless it's by incentive, certainly not by regulation. He was not willing to 43 vote no on a proposal just because it may have a negative effect on some people. That 44 is just the nature of regulations. 45 470 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 26, 2017 Regular Meeting 7 Commissioner Oliver stated there needs to be balance when doing regulations. You need to be able to regulate but also enforce it. You have to figure out how to fit most things pretty well. Mr. Davis stated staff will look at other alternatives to present to the commission at a later date. The meeting was adjourned at 8:33 p.m. Minutes prepared by Becky Boxx. WHATCOM COUNTY PLANNING COMMISSION ATTEST: Nicole Oliver, Chair Becky Boxx, Secretary 471 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 9, 2017 ular Meeti 1 Call To Order: The meeting was called to order, by Whatcom County Planning 2 Commission Chair, Nicole Oliver, in the Whatcom County Northwest Annex at 6:35 3 p.m. 4 5 Roll Call 6 Present: Nicole Oliver, Gary Honcoop Michael Knapp, David Hunter, Kelvin Barton 7 Natalie McClendon in attendance at 6:38 8 Atul Deshmane in attendance at 6:40 9 Absent: Andy Rowlson, Kate Blystone 10 11 Staff Present: Mark Personius, Ryan Ericson, Gary Davis, Becky Boxx 12 13 Department Update 14 15 Mark Personius updated the commission on the following: 16 • The County Council schedule 17 • The Planning Commission schedule 18 19 Open Session for Public Comment 20 21 Carole Perry, Whatcom County: Stated there is a need for people to really know their 22 fields. The commission needs to know how their decisions really affect people. The 23 council really needs information from people who really know how it affects lives. 24 People who are experts don't come to the meetings. She also stated there was a close 25 association with the latest person appointed to the commission and someone on the 26 council. She is not comfortable with that. She is also glad that the commission decided 27 to continue the flag salute. 28 29 Commissioner Comments 30 31 Commissioner Knapp presented a book he has been working on regarding the history 32 of the Lake Samish area. 33 34 Approval of Minutes 35 36 February 23, 2017: Commissioner Honcoop moved to approve as written. 37 Commissioner Oliver seconded. The motion carried. 38 39 Public Hearing 40 41 Gary Davis updated the commission on comments received and changes made since 42 the last meeting on this issue. 43 44 The lot coverage regulations, in place now, have a 20% lot coverage limit, capping at 45 25,000 square feet. That lot coverage applies to structures only. At the last meeting 46 staff proposed to add to that an additional requirement that would limit impervious 47 surfaces, both structural and non-structural, to 25% and capped at 35,000 square feet 472 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 9, 2017 ular Meetin K 1 per lot. After the discussion staff is proposing some changes. One being that threshold 2 would go up to 35%, for lots under 3 acres, and over that would be a 45,000 square 3 foot threshold. The other change is that limit would not be in the individual chapters 4 for the Rural and Rural Residential codes along with the lot coverage. It would instead 5 be applied as a cumulative total in the stormwater section of code. The exception 6 regarding a neighbor's driveway crossing your property is not included in this version. 7 Staff would like to discuss this with the commission to see if they are comfortable with 8 not having that. It can be a confusing issue. 9 10 The hearing was opened to the public. 11 12 Loren VanderYacht, Whatcom County: Has experience in the paving industry. He has 13 read both the Booth and the May studies that the memo references. Both of the 14 studies are those done on the effects of urbanization on waterways. Here we are 15 addressing rural, not urban, areas. How can a study done in an urban area be applied 16 to a rural area? These studies should only apply to properties within current UGA 17 boundaries. Current rural zoning and the Growth Management Act (GMA) do not allow 18 growth beyond what is currently allowed in the rural areas. Also, these studies were 19 done in King County. They describe the glacial soils in King County, which are 20 predominately made up of glacial till. This is a non -porous soil that does not allow the 21 water to penetrate. On the other hand, western Whatcom County is primarily made up 22 of a glacial outwash, which allows free draining. These facts make the studies 23 arbitrary. There is insufficient test data, or evidence, of poor stormwater quality in the 24 rural areas. There are about a dozen different agencies working to clean up water 25 quality in the county, but that water quality is fecal coliform and E.coli which is not 26 related to rural stormwater. He did not feel there was a need for the proposed rules. It 27 would not improve water quality because the water permeates well here. There is no 28 incentive to put your water in the ground on your own property. There should be an 29 incentive for this in the proposal. 30 31 Carole Perry, Whatcom County: Having speakers here who know about the issues is a 32 good thing. She was troubled by the fact that the commissioners don't understand 33 these rules and some of them work in this field. In this county things are so 34 complicated that the commission and the council don't have enough information to 35 make good decisions so the only people that can make the decisions are the people in 36 the Planning Department. If no one can figure this stuff out why do you think people 37 are frustrated? It happens over and over. 38 39 Max Perry, Whatcom County: How would one know that there was a hearing that 40 evening? It's not in any notifications. Because of that there is only one person here. 41 42 The hearing was closed to the public. 43 44 Commissioner Knapp stated there is a mix of soils in the county. 45 473 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 9, 2017 ular Meeti 9 1 Mr. Ericson agreed there is a mix of soils but they are predominately well drained soils. 2 The reason these studies were referenced is because all of the subsequent literature 3 done by the agencies, since those studies, all point back to those studies. 4 5 Commissioner Knapp asked if there is any literature from the GMHB relating to us 6 upgrading what we are doing and if they had any concerns about the different soil 7 types. 8 9 Commissioner Oliver stated the commission had asked for more scientific 10 understanding as to why we are doing this. That is why these studies were provided. 11 12 Mr. Davis stated one of the main points staff wanted to make from the studies was 13 that those studies found there is no magic threshold under which there is no 14 impairment and over which there is always impairment. The more impervious surface 15 the more impairment. Impairment starts to appear at levels where you have even 5% 16 to 10% impervious surfaces. 17 18 Mr. Ericson stated they look at the impact of impervious surfaces as a whole in the 19 entire watershed not just on a parcel by parcel basis. 20 21 Commissioner Honcoop stated the studies are not that applicable to Whatcom County. 22 They address the cumulative effect of urbanization on small streams. They have been 23 completely taken out of context. 24 25 Commission Deshmane asked staff to clarify the use of incentives to keep water on 26 site. 27 28 Mr. Ericson stated that low impact development (LID) is required first in the 29 stormwater manual. Infiltration is always the first recommendation. There are really no 30 incentives listed. Instead of applying all of the most stringent regulations to every 31 single type of land use we have divided land uses up into three types. Low is 32 residential and accessory uses. We have also included construction of agricultural 33 buildings and seasonal roadside stands. It also includes uses that are larger than 1/2 34 acre. Medium intensity would be single residences and their accessory uses on lots 35 smaller than 1/2 acre and short subdivisions. High would be commercial, industrial or 36 long subdivisions. There is also the provision that states: Any project that results in 37 new plus replaced hard surface greater than or equal to 10 percent of the gross parcel 38 size or 20,000 square feet, whichever is greater immediately bumps you up to a high 39 intensity use for purposes of stormwater. What it didn't capture was a project that may 40 be 30,000 square feet of impervious surface with and addition of 15,000 square feet it 41 would be under the threshold. Staff felt that they should have to use the manual due 42 to the fact that they are going to have a paved area with just over an acre of 43 impervious surface in total. 44 45 Commissioner Honcoop stated staff is interchangeably using the term hard surface and 46 impervious. They are not the same thing. Mixing the definitions creates some 47 confusion. 474 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 9, 2017 Regular Meetin M 1 Mr. Ericson stated they stand by the regulations they have written. The definitions 2 clarify what each means. 3 4 Commissioner Hunter stated he was not comfortable with the idea that we don't need 5 to worry about the amount of impervious surface in the rural areas becoming 6 significant. Would the amount of impervious surface likely be below 10% in the rural 7 areas, and therefore not something we should worry about? 8 9 Mr. Davis stated he was not sure that blanket statement could be made. That would be 10 reasonable to assume on some of the larger rural residential parcels. it 12 Commissioner Hunter asked if there is any way to know whether other types of 13 development contribute to impervious surface that goes beyond 10%. Industrial lots, 14 etc. 15 16 Mr. Personius stated he was not aware of any studies done here that would show that. 17 Staff doesn't think that is a major water quality issue. 18 19 Commissioner Oliver stated that for years she has heard there is potential for growth 20 in the county because of all the lots that have been created out there. Is that some of 21 the problem we are dealing with? 22 23 Mr. Personius stated that is one of the arguments. The permitted uses in the rural 24 zones are GMA compliant. 25 26 Commissioner Hunter stated the proposal allows for more cumulative impervious 27 surface than it did before. 28 29 Mr. Personius stated the code never had a cap for impervious surface. This proposal 30 says that rather than putting a cap on it says the stormwater manual will mitigate any 31 additional impervious surface over a certain amount. 32 33 Commissioner Hunter asked if they were satisfied to have the potential for that much 34 impervious surface. 35 36 Commissioner Honcoop stated the stormwater manual is going to apply its own cap 37 which could be at a lower level depending on lot size, coverage, etc. The advantage of 38 the manual is that it creates an enforcement mechanism that wasn't there before. The 39 manual clearly says you have to do certain things. He doesn't like the fact that a 40 developer has to spend a lot of money to go through this and the county doesn't have 41 the staff to deal with it. That in itself will create limits. 42 43 Commissioner Knapp asked staff if the recommendations they have made satisfy the 44 GMHB. Are there other options that might better address the issue? 45 46 Mr. Davis stated he couldn't predict what the GMHB will say but this is one of the 47 options they suggested to us. 475 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 9, 2017 Regular Meetin 61, 1 Mr. Personius stated the county had conversations with the appellants and they stated 2 this proposal would satisfy them. 3 4 Commissioner Hunter stated that in his opinion there needs to be an exemption for the 5 shared driveway especially when it comes to building new ones. In the case of a 6 subdivision, that serves more than one lot, the stormwater is taken care of when the 7 road is put in. If that is not exempt it is being counted twice. There is a fairness issue 8 for the lots in the front versus the lots in the back. Also, what happens when the 9 Health Department changes their rules? That is a challenge all the time. The exemption 10 that was there previously needs to go back in. 11 12 Mr. Ericson stated his recommendation would be to put the exemption in the 13 impervious surface definition due to the fact that the special watershed districts have 14 caps on the amount of impervious surface. Staff processes variances, which cost more 15 money, for people in these situations were staff has to count everything. Under the 16 definition you would state the portion of the shared driveway is not counted towards 17 your lot. 18 19 Commissioner Honcoop moved to add to the definition of Impervious surface, 20 20.97.187: The following shall not be included in the impervious surface total: 21 roadways or driveways in public rights of way or in easements that serve 22 neighboring Rroperties. 23 24 Commissioner Knapp seconded. 25 26 Commissioner Hunter stated that he would rather it reflect that once it is figured out 27 how many properties are being served by that driveway that the cumulative effect for 28 the number of properties that are served by that should be the figure that you look at 29 when doing impervious surface calculations, rather than just the lot it is on. 30 31 Commissioner Knapp stated that often these properties are developed over time, not 32 all at once so that would not work. 33 34 Commissioner Honcoop did not agree with Commissioner Hunter's comments. There 35 are too many variables. You are going to have to survey every other lot that is served 36 by that driveway. The county is going to require documentation of what the real 37 surface area is. 38 39 The motion carried (ayes-7, nays-0). 40 41 The commission will have another public hearing on this issue March 23, 2017. 42 43 The meeting was adjourned at 8:30 p.m. 44 45 Minutes prepared by Becky Boxx. 46 47 476 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 9, 2017 ular Meetin 1 2 WHATCOM COUNTY PLANNING COMMISSION ATTEST: 3 4 5 6 7 Nicole Oliver, Chair Becky Boxx, Secretary 1.1 477 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 23, 2017 Regular Meeting 1 1 Call To Order: The meeting was called to order, by Whatcom County Planning 2 Commission Chair, Nicole Oliver, in the Whatcom County Northwest Annex at 6:30 3 p.m. 4 5 Roll Call 6 Present: Natalie McClendon, Gary Honcoop, Nicole Oliver, Michael Knapp, Andy 7 Rowlson, Kate Blystone 8 Atul Deshmane in attendance at 6:33 p.m. 9 David Hunter in attendance at 6:48 p.m. 10 Absent: Kelvin Barton, 11 12 Staff Present: Mark Personius, Ryan Ericson, Gary Davis, Becky Boxx 13 14 Department Update 15 16 Mark Personius updated the commission on the following: 17 18 The County Council schedule. 19 20 Open Session for Public Comment 21 22 Carole Perry, Whatcom County: Stated she was glad to see so many people at the 23 meeting and that the public hearing was extended. She hoped the people attending 24 had an understanding of impervious surfaces. There is no subject the commission has 25 taken up that illustrates more the complexity, that citizens endure trying to understand 26 the laws and regulations of, than the lahar issue. The council was privileged to have a 27 three hour presentation from the USGS on lahars. The commission was not privileged 28 to have that so they struggled with the issue. She received a paper regarding the 29 presentation and shared a small amount of it. 30 31 Commissioner Comments 32 33 Commissioner Blystone introduced herself as the new member of the commission. 34 35 Public Hearing 36 37 File #PLN2016-00013: Proposed amendments to the Whatcom County Code Title 20 38 Zoning, adding standards for cumulative impervious surface coverage, amending the 39 definition of impervious surface, and amending references to stormwater standards, in 40 addition to amendments to the Whatcom County Comprehensive Plan Policy 2DD-2.0 41 to amend references to WCC Title 20 Zoning. 42 43 Gary Davis gave an update of the current proposal. At the last meeting staff brought 44 forward a proposal that moved the proposed impervious surface standards from the RR 45 and R zones to a more general location of the supplementary requirements in Chapter 46 20.80 of the zoning code. At the end of the session there was a motion to add an 47 amendment to the definition of impervious surface which exempted driveways that RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 23, 2017 ular Meeti 2 1 served other parcels, so that would not count against the parcel for total impervious 2 surface. 3 4 Mr. Davis reviewed the different land use intensities: 5 6 Agricultural buildings, and single family residences on > 25,000 sq.ft. lot, are Low 7 Intensity land uses 8 Minimum Requirements (MR's) currently required for: 9 >_7,000 sq.ft. new plus replaced hard surface: 10 . MR1 Stormwater Site Plan 11 • MR2 Construction SWPPP 12 . MR4 Preserve Natural Drainage 13 • MR8 Wetlands Protection 14 <7,000 sq.ft. new plus replaced hard surface: 15 • None of the MR's are required 16 Effect of proposed amendment: 17 >2,000 sq.ft. new surface where a parcel's cumulative impervious surface 18 would exceed 45,000 sq.ft. (35% if under 3 acres): Use becomes High Intensity 19 - All MR's per stormwater manual 20 • MR1 Stormwater Site Plan 21 • MR2 Construction SWPPP 22 . MR3 Source Control 23 • MR4 Preserve Natural Drainage 24 . MR5 On -Site Stormwater Management 25 . MR6 Treatment 26 . MR7 Flow Control 27 • MR8 Wetlands Protection 28 Current and Proposed: 29 <2,000 sq.ft. new surface exempt from stormwater manual, even if parcel's 30 impervious surface would exceed 45,000 sq.ft. 31 Staff received a comment from the Department of Ecology (DOE) stating they believe 32 the proposed change to the definition of impervious surface would be at odds with the 33 Stormwater Manual. Staff does not agree with this because of the difference between 34 the definition of "hard surface" and "impervious surface". The staff proposal only 35 changes the definition of impervious surface. Everything in the stormwater section of 36 the code and the Stormwater Manual deal with "hard surface." 37 479 1 2 3 4 5 6 7 8 9 10 it 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 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 23, 2017 ular Meeti The hearing was opened to the public. 3 Carole Perry, Whatcom County: Why has this subject come up again? Is it in relation to the Hirst case? Mr. Davis stated the Hirst decision touched upon both water quality and water quantity. The GMHB found that the county's rural land use regulations did not protect water resources, either in terms of water quantity, which is the well issue, or water quality which is stormwater and impervious surfaces. In their decision, which was upheld by the Supreme Court, they listed a number of measures that the county could take in order to properly address those things. Placing limits on total impervious surface was one of those things. At the first meeting, regarding this issue, the proposal that staff brought forward was to place limits on impervious surface in the Rural and Residential Rural zones. Originally the proposal stated 25% of your property, under 3 acres or 35,000 square feet if over 3 acres. The Planning Commission asked staff to increase those numbers so they went up to 35% if under 3 acres and 45,000 square feet if over 3 acres. The big change was that instead of being a cap, it was now a cumulative threshold over which you could go but it would mean there would be extra work in terms of making sure that the water stayed on site. There is no way to know if this will pass with the GMHB. Some of the other things they suggested the county has already done. Loren VanderYacht, Whatcom County: The stormwater degradation is coming off of the roads, it is not coming off of the individual residential properties. The largest single owner of impervious surface, in rural Whatcom County, is Whatcom County. There are not many projects being done by Whatcom County to improve their stormwater quality. The burden is being placed on the private owners, who are not, at this point, contributing to poor stormwater quality. In most cases stormwater in infiltrated on site and in most cases is not running off of the property. The studies the county reference, as to why this needs to be done, were done in King County and urban settings, on glacial till soils, not glacial outwash soils. This is completely different from what we have here. We don't have any studies or data showing that the stormwater, in rural Whatcom County, is not of good quality. The county is jumping to regulations to potentially satisfy the state. We don't even know if this will work. Why doesn't the county go back to them with the things they have implemented to see if that satisfies them before taking this further. Brad Radder, Whatcom County: Why is this necessary? As a member of the farming community they would like to see the water go back into the soil on the property so they can use it. Why move it to another parcel? Berries are not an easy crop to grow and they feel like they are swimming upstream and fighting a battle they shouldn't have to be fighting. With these types of regulations it is one thing after another. The farmers are very disappointed that things have come to this. Was any due diligence done to know the cost of this and what it could cost the industry? Did anyone think to notify the people in the county that this might affect? Don't try to sneak this in. M'1 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 23, 2017 Regular Meeting 4 1 Wayne Stremler, Whatcom County: The officials in this county have created a culture 2 of almost fighting the public. He is in the construction business and people are 3 constantly asking him if permits are needed for what they are doing. He tells them to 4 do it the right way and get a permit. They get punished for that by the county saying 5 instead of can I help you they get an attitude of the county looking at everything they 6 can to make it difficult for them. You can pass all the rules you want but if you deter 7 everyone around you you will not get what you are trying to get. What happens if the 8 county does nothing to satisfy the court decision? 9 10 Marty Maberry, Whatcom County: There is ambiguous language in this ordinance. The 11 way it currently exists is a big problem if they add onto their farm processing. He 12 wanted clarification on the thresholds. (Mr. Ericson clarified for him) Things are 13 changing so fast in this community it makes it a very difficult place to do business, 14 particularly in the north county. Things are coming at the farmers at such rapid speed 15 they can't deal with things. People need to be notified regarding these things. It seems 16 most of the regulations are coming down on rural Whatcom County. Agriculture needs 17 to be able to move forward or it will go away. When you have hundreds of acres and 18 you have x amount of impervious surface it's not the same as when you have a couple 19 of acres and you are covered 3/4 with impervious surface. They have plenty of room. 20 The roads in their fields should not be considered. The rain rolls off and goes right into 21 the dirt. 22 23 Terry Lenssen, Whatcom County: Agrees with the previous speakers. These rules are 24 not what the county needs. He does see what the county is trying to do in satisfying 25 the Hirst case. The county talks a lot about preserving agricultural land and farming 26 but if the farmer is not preserved there will not be anyone here to take care of the 27 farm land and be good stewards of it. They want to take care of land. Decimating the 28 environment makes no sense because they need to make money off of the land. As a 29 dairyman he is already fighting multiple fronts. To be sustainable they need to keep 30 growing. At some point it gets ridiculous to even try anymore because they are being 31 driven out of business. No one in the community was even aware this meeting was 32 taking place. There needs to be better communication so people can get involved. 33 34 Landon VanDyke, Whatcom County: Dairy and raspberry farmer. Agrees with the 35 previous speakers. The farmers know how to take care of the ground. The rules don't 36 make sense, as presented. The farmers are already well regulated and this just adds a 37 huge burden. If the county wants to preserve agriculture don't put more burden on the 38 farmers. 39 40 Andy Enfield, Whatcom County: A Whatcom County farmer. Agrees with the previous 41 speakers. Sustainability is the current buzzword. Agriculture is sustainable if they don't 42 get run out. The land and water have to be sustainable or they won't have a crop. 43 They use the same water over and over. They pull it out of the ground to irrigate and it 44 goes back in the ground to be reused. There is no problem with the water. Farmers 45 test their water a lot. These rules will hurt farmers. 46 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 23, 2017 ular Meeti 5 1 Rob Dhaliwal, Whatcom County: Agrees with the previous speakers. There has not 2 been any testing done on where the contamination has come from and what the 3 county wants the farmers to do. The county is just putting the burden on the farmers 4 to put them out of business. The calculations in the proposal don't make sense. There 5 has to be some type of tradeoff based on the amount of acres. What does the DOE 6 consider pervious surfaces? His understanding is that once rainwater or stormwater 7 hits the ground it becomes property of the state, so for it to be treated does not fall 8 within the guidelines. 9 10 Alan Yoder, Whatcom County: He noted there was mention of removing vegetation and it replanting pasture, over a certain threshold, in the proposal. Most of the people that 12 run livestock on pasture have fence lines, tree lines, etc. which they occasionally clear 13 and reseed so they can reclaim some of that ground. It seems silly to make a 14 vegetation buffer that is going to filter the rainwater maybe even better than the 15 original vegetation and they are being penalized for that. Agriculture is not given the 16 recognition it deserves for being the stewards of the water that they are. All of the 17 rainwater is filtered through these fields. 18 19 Tony Larson, Whatcom County: A lot of people have been impacted by the water 20 quantity part of this issue. His sense from the County Council was that they want to do 21 something to help people but the Supreme Court makes the final decisions. They 22 agreed that the original intent was probably honorable but it is overreaching. Now 23 there are people from the state legislature looking for a fix to the issue. This is 24 probably the only way this mess is going to get fixed. If there are so many people that 25 believe that this is an overreach why, as a county, why don't we wait and find out if 26 there is a fix to this before we put more problems onto the existing problems? 27 28 Harold VanBerkum, Whatcom County: Dairy farmer. It is hard to encourage the next 29 generation to go into farming. The expense and the rules are too much. The small local 30 farmers can't compete against the large farms if the county keeps tying their hands. 31 These rules will add major costs to doing any improvements. 32 33 Carole Perry, Whatcom County: Was happy to see so many people at the hearing. The 34 rules are too complicated. 35 36 Max Perry, Whatcom County: A state senator said that if the GMA is not working for a 37 county, which it's not, then the counties need to get together and let the legislature 38 know that and opt out of it. Maybe that is an option for Whatcom County. 39 40 Marty Mayberry, Whatcom County: There was a comment made at a County Council 41 meeting that the Hirst case was good intentioned but it went too far. He took issue 42 with that. He did not believe that case was good intentioned. 43 44 Landon VanDyke, Whatcom County: As farmers and business owners they have to get 45 creative. He requested the commission take the same approach in looking at how they 46 meet the requirements but at the same time not hamper the citizens. 47 MW RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 23, 2017 ular Meeti C.1 1 Andy Enfield, Whatcom County: Agreed with Mr. Mayberry that the Hirst case did not 2 have good intentions. 3 4 The hearing was closed to the public. 5 6 Work Session 7 8 Commissioner Oliver asked staff what happens if the county does not move forward 9 with this proposal. 10 11 Mr. Personius stated that the GMHB stated, in the original decision regarding water 12 quality, was pretty specific about pointing out things in particular that the county was 13 not doing a good enough job at. It included the county's on -site septic self -inspection 14 system. They suggested impervious surface limitations and made some suggestions on 15 how to approach it. Staff decided on the approach to put a cap on the amount of 16 impervious surfaces based on parcel sizes and zones. Through discussions with the 17 commission staff is now proposing to get rid of the cap and do stormwater review at 18 certain levels. The Supreme Court only rules on the water quantity issue, not the 19 quality issue. If the county does not act on the quality issue the threat is that the 20 GMHB will rule the county out of compliance. 21 22 Commissioner Hunter asked how do we know if there is a problem with water quality in 23 the county and if there is a problem is it the result of impervious surfaces. 24 25 Commissioner Oliver stated they asked for that after their first meeting on this issue. 26 They received the memo that spoke to the King County studies. 27 28 Mr. Davis stated those studies were in King County and studied urban areas that may 29 have different soil, but without having done a study in Whatcom County it is hard to 30 know exactly what the situation is. Relatively speaking, if we are concerned it should 31 probably be for the areas that are more heavily populated. There are pockets of these 32 in rural areas of the county. Roads are certainly a concern. They can't retrofit 33 everything but the new roads do address stormwater. 34 35 Mr. Ericson stated that everyone who spoke at the meeting stated their stormwater 36 goes back into the soil which is exactly what the county wants. Most farms are doing 37 what needs to be done through the requirements of other agencies. The county staff 38 can work with farmers to see that they are doing what they need to do. 39 40 Commissioner Honcoop stated that some of the federal, state and local regulations are 41 in conflict with the proposal. Dairy farms are required to keep manure on slabs, but 42 the impervious surface rules won't allow more impervious surface. 43 44 Commissioner Deshmane stated he did not know how much the county can avoid the 45 compliance issue. Are there alternatives to the hard cap of 45,000 square feet? Are 46 county roads really the greatest source of stormwater pollution? 47 MW RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 23, 2017 Regular Meeti 7 1 Mr. Personius stated that to be clear there is no cap, only a threshold before certain 2 things are triggered. The county has always argued, as part of the court case, that it 3 was not a major contributor to the water quality issue. The Pollution Identification and 4 Correction Program (PIC) has identified issues that are mostly related to fecal coliform. 5 Those mostly don't come off of roads and impervious surfaces. 6 7 Mr. Ericson stated there has been some studies showing a lot of the pollution is coming 8 from roads and catch basins from commercial and industrial areas. Whatcom County 9 does have an unusually high amount of roads per acre in the watershed. 10 11 Commission Blystone asked what is a 'parcel" as used in the new language under 12 20.80. Is it the Assessor parcel of the site of the project or the legal lot of record? A lot 13 of these farms have many parcels that make up the farm. 14 15 Mr. Ericson stated the county parcel layer is not necessarily accurate. There is the 16 ability to bind parcels for tax purposes. The county needs to determine if it is a legal 17 lot of record or not. Typically, on a permit, the county uses the Assessor parcel 18 number. We don't usually do more unless the property is being subdivided. 19 20 Commissioner Blystone wanted clarification regarding hard packed dirt roads. Are they 21 included in the calculations? 22 23 Mr. Ericson stated they would not be included, only the access roads. 24 25 Commissioner Rowlson asked if somehow parcels with farm plans can be exempt from 26 the rules. 27 28 Commissioner Honcoop stated there is no need to have these rules apply in all the 29 zones in the county just to make it easier for staff. 30 31 Mr. Personius stated there are dairy farms in both the Rural and Agricultural zones. If 32 the rules were only applied in the rural zones then there would be two different sets of 33 standards for the guy who is doing the same thing in the agricultural zone. That is 34 what staff is trying to avoid. 35 36 Commissioner Honcoop stated the GMHB decision did not mention any zones other 37 than the rural zones so why are we taking it beyond that? The farmers are going to be 38 hitting triggers under other rules. We need to focus on the smaller parcels. 39 40 Commissioner Honcoop moved to recommend the regulations apply only in 41 the Rural and Residential Rural zones. 42 43 Commissioner Rowlson seconded. 44 45 Mr. Davis stated that rather than going back to the original proposal it may be possible 46 to reword it in the supplementary requirements so it only applies to the rural zones. 47 . ;. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 23, 2017 Regular Meeting 1 Commissioner Oliver stated from what she has heard farm plans deal extensively with 2 water quality. Rather than limit the zoning perhaps exempt those properties that have 3 farm plans. The county did not seem to be in favor of that when brought up before. 4 5 Mr. Ericson stated there are a variety of farm plans. Some more complex than others. 6 He had no objection to the idea that properties be exempt if covered by a farm plan. 7 8 Commissioner Oliver stated she did not think there has been adequate work done with 9 the farming community. We need to take more time to examine the issue before 10 making a decision. 11 12 Commissioner Knapp asked if any research has been done regarding how other 13 counties have dealt with this issue. 14 15 Mr. Ericson stated most of the counties simply follow the stormwater manual. They 16 don't have the thresholds like we have proposed. 17 18 Commissioner Hunter stated from what he had heard these regulations will really have 19 no impact on large farming operations. It will have an impact on the smaller farms. He 20 was not uncomfortable with having a consistent plan throughout the county that turns 21 out to be more regulatory with regards to small places. It just needs to be 22 implemented consistently. Before voting on the motion he needed to know for a fact 23 that the rules, if applied countywide, would be a significant burden on the people that 24 are going to be regulated, primarily the large farms. 25 26 Mr. Ericson stated he has read farm plans and the majority of them have space to 27 have 50 feet of some sort of vegetative strip. That is all that this requires. If you have 28 winter cover over your field that counts as vegetation. 29 30 Commissioner Hunter asked for clarification that the things farmers already do would 31 satisfy the proposal. 32 33 Mr. Ericson stated one of the issues would be that the manual does say that it has to 34 be from an engineer to tell staff what we all know to be true. That is the major hang 35 up with the stormwater manual. 36 37 Commissioner Hunter asked if having to pay an engineer to do that a significant 38 amount of money. 39 40 Commissioner Honcoop said it is significant. 41 42 Commissioner Blystone stated she could not support the motion because there should 43 be options. She did not want an option excluded in favor of an old option. She would 44 like to see options side by side. 45 46 Commissioner Honcoop asked if there is really a problem that is seeking a solution or 47 are we creating a problem. The farmers take better care of the land than anyone else RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 23, 2017 ular Meetin VJ 1 does, by far. Their buildings are regulated through a variety of other sources. Why put 2 this additional burden on them? The farmer needs the ability to farm. 3 4 Commissioner McClendon stated she would vote against the motion because she 5 wanted to see more options. She would like to know if farms covered by a farm plan 6 can be exempted and what impact that would have. We could also up the threshold of 7 the acreage that it applies to. 8 9 The vote on the motion failed (ayes-3, nays-5). 10 11 Commissioner Oliver stated she believed they are overdramatizing the burden that is 12 being imposed in addition to what is already going to be imposed with the new 13 stormwater rules. 14 15 Commissioner Deshmane thought that the 45,000 threshold may not be necessary. 16 The public roads issue needs to be addressed. The court did not say anything about it 17 but it would be good to see a public/private partnership to help the county improve its 18 problem. There are a lot of private land owners along public roads. Perhaps they could 19 help the county solve its problem. 20 21 Commissioner Blystone stated she was not against the idea of the motion she just 22 wanted to see more options. She agreed with Commissioner Deshmane regarding the 23 45,000 threshold. The percentage seems to better reflect what they are trying to get 24 at. 25 26 Commissioner Hunter was not convinced if there was an actual problem or not. Are the 27 farms the problem or not? He does not want to see additional burden added to those 28 doing a satisfactory job of addressing the problem of water quality. There are a variety 29 of ways to address the issue. What is before the commission is a good framework but 30 does need more work. 31 32 Commissioner Blystone would like staff to address the DOE letter at the next meeting. 33 34 Mr. Ericson stated staff will present this proposal to the Agricultural Advisory 35 Committee at their next meeting for their input on the issue. 36 37 File #PLN2017-00007: [item omitted from this copy - not related to impervious 38 surface item] 39 40 The meeting was adjourned at 9:20 p.m. 41 42 Minutes prepared by Becky Boxx. 43 44 45 46 WHATCOM COUNTY PLANNING COMMISSION ATTEST: 47 Mi• RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION March 23, 2017 Regular Meeting 10 1 2 3 4 Nicole Oliver, Chair Becky Boxx, Secretary ma 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 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION April 27, 2017 Regular Meetin Call To Order: The meeting was called to order, by Whatcom County Planning Commission Chair, Nicole Oliver, in the Whatcom County Northwest Annex at 6:30 p.m. Roll Call Present: Natalie McClendon, Gary Honcoop, Nicole Oliver, Michael Knapp, David Hunter, Kelvin Barton, Andy Rowlson, Atul Deshmane Kate Blystone in attendance at 6:45 p.m. Staff Present: Mark Personius, Ryan Ericson, Gary Davis, Jessie Roberts Department Update Mark Personius updated the commission on the following: • the County Council schedule • the Planning Commission schedule Open Session for Public Comment There was no public comment. Commissioner Comments There were no commissioner comments. Approval of Minutes April 13, 2017: Commissioner Oliver changed page 4, line 23 to read: 141h 141h meeting of the Point Roberts Community... Commissioner Rowlson moved to approve as amended. Commission Deshmane seconded. The motion carried. Public Hearing 1 File #PLN2016-00013: Proposed amendments to the Whatcom County Code Title 20 Zoning, adding standards for cumulative impervious surface coverage, amending the definition of impervious surface, and amending references to stormwater standards, in addition to amendments to the Whatcom County Comprehensive Plan Policy 2DD-2.0 to amend references to WCC Title 20 Zoning. Gary Davis gave an overview of the process to date. At first the proposal from staff was to place a cap on cumulative impervious surfaces within the Rural and Residential Rural zones. After some discussion the Planning Commission had considered it be placed in the stormwater code. Staff came back with Em RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION April 27, 2017 ular Meeti 2 1 the proposal that instead of being a cap it would be a threshold for requiring when the 2 stormwater manual be used. That would be placed in the stormwater section which 3 would affect all zones. This raised concerns because it would affect the agricultural 4 zone also. At the last meeting there was some discussion regarding several options 5 that could give some relief to the agricultural uses. Option 1 would be to return to the 6 original proposal of applying the requirement to the Residential Rural and Rural zones 7 only. Option 2 would replace the 45,000 square foot threshold for all parcels over three 8 acres with a threshold that increases based on a percentage of the parcel size. Option 9 3 would exempt uses where stormwater is managed through a farm plan. Option 4 10 would exempt all parcels over 20 acres. Options 2 and 4 tie the standard to the parcel 11 size which could make it difficult if parcels got created that were much smaller even 12 though they may be tied to a much larger agricultural use. The actual impervious 13 surface might be on the smaller parcel, which could be restrictive. Option 1 could be 14 accomplished as stated. Option 3 was the one preferred by the members of the 15 Agricultural Advisory Committee (AAC) who were present at their April 12 meeting. 16 Staff also recommends adding the text: For purposes of determining high intensity 17 land use, the calculation of cumulative impervious surface shall not include roadways 18 or driveways in public rights -of -way or in easements that serve other parcels to the 19 stormwater regulations rather than the countrywide definition of impervious surface. It 20 would only apply to the high intensity calculations. Staff believes this would satisfy the 21 comment received from the Department of Ecology (DOE). 22 23 The hearing was opened to the public. 24 25 Greg Ebe, Whatcom County: A farmer and stormwater engineer. Having structures and 26 impervious surfaces are a necessary part of farming. The product needs to be stored 27 and equipment needs to be maintained. If they find they need to build they take it 28 very seriously. They try to minimize any impact to productive land. The proposal 29 contains many disincentives. In their farming activities they will probably exceed some 30 of the thresholds. It implies that more impervious surface means more adverse 31 impacts which is not always the case. They have a very clean operation. The size of 32 parcels can be manipulated with boundary line adjustments to be exempt. Options 2 33 and 4 don't make sense. 34 35 Commissioner Rowlson asked Mr. Ebe if he had a farm plan. 36 37 Mr. Ebe stated no. Generally crop farmers do not have farm plans. Most farm plans 38 apply to dairies. Crop farmers are regulated by 8 to 10 different agencies already. 39 They also rotate crops. 40 41 Loren VanderYacht, Whatcom County: He stated he understood this issue was a result 42 of the Hirst decision and the Growth Management Hearings Board (GMHB). He stated 43 he had a solution to satisfy this. He suggested applying the limits to the UGAs. This is 44 where urban growth is designated and we know, as a result of the studies, that the 45 urban areas are where the stormwater pollution is generated. He also suggested going 46 to the GMHB to educate them on the efforts that are already being taken, in Whatcom 47 County, to clean up the stormwater. There are many groups that are working Ewe RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION April 27, 2017 ular Meetin 3 1 collaboratively with the farm and agricultural community. All of the cities and UGAs are 2 now bound by the NPDES Phase II permit which is a much more stringent stormwater 3 permit. All new commercial development, regardless of where is takes place in the 4 county, is bound by the 2012 stormwater manual. He has had numerous conversations 5 with Eric Hirst, in the past month. Mr. Hirst reached out to him to speak to the North 6 County Rotary. He did not feel the rotary was the proper platform to have the 7 discussion so he has not facilitated that yet. Mr. Hirst sent him a copy of the program 8 that he wanted to present which is called Whatcom County Water. Why You Should be 9 Concerned. This was written in March 2017. It states that the nitrates and fecal 10 coliform are the issues to be concerned with. These are not generated by impervious 11 surfaces. If the GMHB knew of the efforts underway he felt that it would satisfy them. 12 The USGS has some new testing equipment they are using to test for fecal coliform. 13 14 Roger Hawley, Whatcom County: Farmer in the county. Crop farmers have a lot of 15 rules they need to abide by. They are not polluting. The impervious surfaces help keep 16 the water clean. 17 18 Commissioner Rowlson asked Mr. Hawley if he had a farm plan and if his property was 19 zoned agricultural. 20 21 Mr. Hawley stated yes. 22 23 Marty Mayberry, Whatcom County: Berry farmer in Whatcom County. He has been 24 working on water issues for about 25 years. The rules are getting to be too much. The 25 cumulative effect has become too much. He supports Option 1. There is no nexus 26 between impervious surfaces and a farm plan. This proposal is just a way to get crop 27 farmers to have a farm plan. Farm plans are like all other regulations they deal with. 28 Farm plans can sound innocuous at first then over time they become an unworkable 29 situation. People are pushing certain agendas that do not work. You should go back to 30 the original intent of just the rural areas. The water gets infiltrated back into the 31 ground in agricultural areas. We all know the stormwater pollution comes from the 32 cities, not agricultural impervious surfaces. Regarding the Hirst decision, we keep 33 getting told we have to comply. There seems to be selective compliance. If we agree 34 with it we comply. Many people in the community would be willing to defy federal law 35 on issues like immigration. Another is marijuana laws. Why aren't we complying with 36 the federal law on that? When it comes to water we don't push it because we don't 37 want to. Nobody is saying this water issue is wrong and it's hurting people. 38 39 Commissioner Rowlson asked if he had a farm plan and his property is zoned 40 agricultural. 41 42 Mr. Mayberry stated he had a farm plan and most of his property is zoned agricultural. 43 44 Paul Sangha, Whatcom County : Agreed with the previous speakers. They have a lot of 45 good points. 46 m•1 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION April 27, 2017 ular Meetin a] 1 Rob Dhaliwal, Whatcom County: Stated he has not seen any data showing this is an 2 issue. This is just another burden on the farmers. He supported Option 1. Staff stated, 3 at a previous meeting, that it is the small parcels that are causing the issues. He does 4 not have a farm plan. He is a berry grower. There is no purpose for a farm plan for a 5 crop grower. They are managed by other agencies. Pesticides, fertilizers, etc. are not 6 cheap and farmers do not waste them just to contaminate the fields. The data he has 7 seen shows that the water quality is getting better. The Drayton Harbor shellfish beds 8 were reopened because of good management practices. The farmers do not want to 9 destroy the land because they want to be able to continue to farm and for their kids to 10 be able to farm. 11 12 Fred Likkel, Whatcom County: Executive Director of Whatcom Family Farmers. There 13 needs to be more discussion with the ag community regarding this issue. What is the 14 economic impact to this? That is a big concern to the farmers. He is in favor of Option 15 1. There needs to be an analysis of how many farms are in the rural zones versus the 16 agricultural zones. If there is only a small of amount of farming in the rural zones then 17 Option 1 could very easily be the best option or perhaps a combination of Options 1 18 and 3. At a recent Drayton Harbor Shellfish meeting he was asked to examine all of 19 the regulations that are negatively affecting agriculture that are keeping people from 20 farming the way they need to and keeping people from reporting things that they don't 21 dare say anything about because they are afraid of what will happen to them. He 22 would hate to see these proposed regulations put on that list. 23 24 Brad Rader, Whatcom County: Was disappointed the staff did not do the due diligence 25 he had suggested. The farmers are more organized than they ever have been. They 26 have agencies in which the county can make one phone call to and get the farmers 27 together to talk. That is what the county should do to find out the costs of this. When 28 someone calls a staff person at the county please call them back. Follow up is 29 important. He does not have a farm plan. He supported Option 1. Crop farmers do not 30 need farm plans. Tell the farmers if you are not going to listen to them, don't just push 31 through. 32 33 (Name not stated) One of the things that needs to be considered, regardless of what 34 option you go with, is exempting switching from one type of impervious to another. 35 That shouldn't trigger anything. If the type of service pushes you into having to spend 36 one half a million dollars it won't happen. Having impervious surface can be vital to 37 your ability to continue to farm. 38 39 Carole Perry, Whatcom County: The commission was presented with where the data 40 came from. It was done in King County which is not Whatcom County. Many of the 41 commissioners come from a planning background so that is your focus. You represent 42 districts and the people in those districts. Regardless of your training it is more 43 important that you listen to the people. It was disappointing to her that county 44 government isn't listening to the people. The farmers have taken about all they can 45 take. Please listen to them. 46 491 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION April 27, 2017 ular Meetin E 1 Todd Beld, Whatcom County: 30 years ago there was over 600 dairies in Whatcom 2 County. Today there is under 100. Most of the reason is because it's hard to compete 3 in the market there in and the regulations are so much pressure on people that they 4 are fed up. They don't want to face what it takes to run a dairy and be in agriculture. It 5 is the hardest job there is. Now you are trying to put regulations on the rest of the 6 agricultural community. This is the most ridiculous thing he has ever heard of. He was 7 affected by the Hirst decision. Who is thinking this stuff up and putting it in front of the 8 county? None of the farmers are in favor of this nonsense. The commission should 9 listen to them. How can we have instream flow when the sediment is constantly filling 10 the river because it can't be dredged because it kills the fish? We have an unattainable 11 amount of rules. 12 13 Max Perry, Whatcom County: Planners like paperwork. He attended the last 14 Agricultural Advisory Committee meeting. There was not a quorum and only one 15 farmer in the group. These committees don't represent most people. 16 17 Kevin Price, Whatcom County: Does not agree with any of the proposals. This just 18 adds more paperwork. His farm has a nutrient plan which is already a lot of work. 19 There needs to be more education so people can see what is being done already. 20 21 Dave Onkels, Whatcom County: Stated those in the room need to be aware of what is 22 happening when their backs are turned. This process is about the petitioners in the 23 Hirst case. They were careful to build a case about the effects of impervious surface on 24 stormwater quality. The GMHB is not cautious about what is put in the record. The 25 appeals that occur afterword have to be based on that record. The county is reacting 26 to what is in that record and what the petitioners, in the eyes of the GMHB, established 27 during that hearing. He does not agree with more restrictive stormwater regulations 28 but they have to reflect what is in that record. It is important to pay attention all the 29 time because the petitioners don't have the farmers interests in mind or the interests 30 of the citizens of Whatcom County. 31 32 Tony Larsen, Whatcom County: Representing the Whatcom Business Alliance (WBA). 33 The GMA was passed in 1990. When it was passed they had 13 goals in mind. Later 34 they added another. In those goals they did not ask municipalities and counties to 35 weight one over the other. One of the goals is environmental protection which 36 everyone understands is vitally important. Also economic development is another piece 37 of the GMA. The reason there is pushback on this proposal is because many people 38 believe this is a threat. People have talked over and over about the cumulative effect 39 of these rules. When you are making a decision there needs to be data. There is 40 always a balance to these things. One of the things missing from this is the data on 41 the economic impact. What impact is there when we start harming our farmers? The 42 WBA is working with Western Washington University on an economic impact study of 43 the farming industry in Whatcom County. Something that is never mentioned is that 44 when farming is discussed it's not about farmers and tractors; it's also about logistics 45 such as transportation, storage, manufacturing, etc. There is no reason to rush this. 46 Slow down and make sure you have all of the information. 47 492 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 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION April 27, 2017 ular Meeti The hearing was closed. A Commissioner Honcoop moved to return to the original proposal (Option 1) of applying the requirements to the Residential Rural and Rural zone only and incorporate Option 3 which states the parcel is exempt when stormwater is managed through a farm plan and by noting in the stormwater standard of 20.80.630 that the threshold applies to the R and RR zones only. Commissioner Barton seconded. Commissioner Blystone asked how many farmers were in attendance at the Agricultural Advisory Committee meeting when they made their recommendation. Mr. Davis stated he did not make record of that. The four options were presented to them, they discussed it and gave their input. Commissioner Blystone stated her concerns about who was in attendance at that meeting and the general recommendation they made which may not accurately reflect the farming community. Mr. Davis stated there was not a quorum so they could not take official action but those in attendance came to that consensus. Commissioner Blystone asked what the consequences are of defying the Hirst decision. Mr. Davis stated there were two issues involved in the Hirst decision. One was the water availability issue which is the exempt well issue. The other is the water quality issue. The decision stated the county did not have what is required, by GMA, in terms of having adequate measures to provide water quality. They issued a series of suggestions based on what was in the record. The county has done some things already. The stormwater manual was put into effect in October 2016 among a few other things. A cumulative impervious surface code was one of the suggestions. As far as consequences go, if the county goes without being in compliance for a long time and the GMHB thinks we aren't making progress they could find invalidity which means the state says this particular part of your regulations are invalid and we could not enforce those. That puts things into limbo. At the extreme level there are sanctions. He did not believe that has ever been carried through on a county in the state. Sanctions could include things such as withholding tax revenues, etc. Being out of compliance does have some consequences because there are some state grants that we may not be eligible for. Commissioner Knapp asked if there is any combination that would get the county into compliance. Mr. Davis stated we don't know what the exact combination is. We don't always know what the GMHB is going to find in compliance and what they aren't. 493 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION April 27, 2017 ular Meetin 7 1 Commissioner Knapp asked if it would be in their best interest to try to figure out what 2 pieces of this would get us closest to compliance. 3 4 Mr. Davis stated it is hard to do. 5 6 Commissioner Honcoop stated the damage done to the economy by this can far exceed 7 the grants that may not have been obtained while not in compliance. Policy should be 8 balancing the needs of regulators and the citizens. The new stormwater regulations 9 require agricultural projects, over 20,000 square feet, to meet the DOE stormwater 10 manual. Most of the agricultural industry has not experienced this yet. There seems to 11 be a perception that the farmers have very little stormwater regulations the way it is 12 right now. That is not the case. There is another regulation under consideration by the 13 council right now and will pass in some fashion is the Critical Areas Ordinance. What 14 left the Planning Commission had larger buffers, stricter runoff requirements, 15 expansion limitations, etc. The dairy farmers are under the new CAFO rules, which are 16 significantly stricter than what they had before and they have been appealed as not 17 strict enough. The CAFO rules are in many ways going to conflict with the DOE 18 stormwater manual. The Planning Commission needs to stop and look at these current 19 regulations and give them a chance to work. Don't burden them with another one. The 20 cumulative square foot area is going to have tremendous impact on farms. There is the 21 perception that the farmers and that stormwater are not regulated but they are. 22 23 Commissioner Deshmane stated he heard several comments that stormwater in the 24 agricultural zone is not an issue of concern because it is being handled through other 25 programs. It was stated stormwater runoff is not an issue. How does staff see that? 26 27 Mr. Davis stated that it is correct that the smaller parcels have more of an impact. The 28 pattern of high density in an area is the concern. Sometimes parcels have been divided 29 down to very small sizes even in the agricultural areas. 30 31 Commissioner Rowlson stated he was surprised to see Option 3 recommended because 32 he had heard in previous meetings that farm plans aren't used that often. It would 33 solve the problem for only a few people. What the Agricultural Advisory Committee 34 thought does not match what we have learned over the course of time. 35 36 Mr. Ericson stated farm plans mean different things to different types of farming. 37 38 Commissioner Rowlson asked what type of plan Option 3 refers to. 39 40 Mr. Ericson stated it refers to any local, state and federal program that manages runoff 41 of stormwater in some capacity. 42 43 Commissioner Rowlson liked parts of each option but he would like it get back into the 44 box that it was originally in. 45 46 Commissioner Hunter stated it is unfortunate that people mistakenly perceive the 47 purpose of the Planning Commission. There is no conspiracy to impose more and more . •. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION April 27, 2017 Regular Meetin 1 regulations on farmers. Part of the reason the commission looked at trying to change 2 this was there was concern that people were already doing things and that by what 3 was being proposed at the time it would impose more regulations on top of what they 4 were already doing. It was an attempt to step back from that. This issue has been 5 going on for two months. There has been ample opportunity for people to come and 6 present what they perceive as their actual financial consequences for this. It's not that 7 we aren't willing to listen to that, it's that the public has never brought that to them. 8 He perceived that the farming community feels there is going to be significant financial 9 consequences, which he was not disinterested in, but has no way of knowing if that is 10 true. It is not simply petitioners in the Hirst matter because respondents also present 11 evidence. It was not clear to him if these regulations are necessary or not. He was not 12 sure if the regulations are hitting the points that need to be hit. It is all guess work on 13 our part as to how much and what we need to do. We need to do what we can in order 14 to make a difference in water quality in the county. He was not convinced this proposal 15 will do that. 16 17 Commissioner Blystone asked how stormwater is dealt with in the UGAs. 18 19 Mr. Ericson stated the stormwater manual is automatically applied in the UGAs. 20 21 Commissioner Blystone stated her concern with Option 3 is that she does not 22 understand how they deal with impervious surface. She asked for more clarification. 23 24 Mr. Ericson stated farm plans do deal with impervious surfaces and effective 25 monitoring is happening through the Whatcom Conservation District. 26 27 Commissioner Blystone stated she was frustrated with the proposals in front of the 28 commission. She agreed with Commissioner Hunter's comments. She felt Option 1 was 29 the best choice. She did not see how Option 3 fits with Option 1. The areas of concern 30 are the rural areas and the UGAs. She also was not in favor of Option 2 because the 31 45,000 square foot threshold seems like a blunt instrument. 32 33 Commissioner Deshane stated he was concerned about the complexity of regulations. 34 We need to be able to support the smaller size farms that are in Whatcom County. 35 They are beneficial to the county in many ways. He was concerned with Option 3 36 because there is not clear language regarding farm plans. 37 38 Commissioner Honcoop stated the way Option 3 is written provides a choice for the 39 farmers. It is not something that is being forced on them. If they don't want to have a 40 farm plan they can simply follow the stormwater manual. 41 42 Mr. Davis clarified how Options 1 and 3 would work together. They could be done 43 simultaneously. In the agricultural zone the cumulative threshold would not be in 44 effect. It would only be the stormwater code as it is now and farms in the Rural and 45 Residential Rural zones are the ones that would be affected. 46 495 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 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION April 27, 2017 ular Meetin 2 Commissioner Rowlson asked if it would make sense to add some version of Option 4 to the mix. Mr. Davis stated the smaller parcels are the ones they are most concerned about, not the large parcels. Commissioner Rowlson asked if the farms in the rural zones are typically large or small. Mr. Davis stated there are some large farms in the rural areas. Commissioner Blystone moved to amend the motion to add: Application of the stormwater manual is not required where a county, state or federally approved farm plan, or equivalent document demonstrates stormwater is already being effectively managed to the standards equivalent to an NPDES Phase II permit. Mr. Ericson suggested it read: NPDES "area" instead of "permit". He also suggested it read: equivalent to the standards in the stormwater manual. Commissioner Blystone agreed with the second part of Mr. Ericson's suggestion. The language was too vague as it was originally written. The motion failed for lack of a second. Roll Call Vote on the main motion: Ayes -Barton, Blystone, Deshmane, Honcoop, Hunter, Knapp, McClendon, Oliver, Rowlson; Nays-0; Abstain-0; Absent-0. The motion carried. Unfinished Business Commissioner Rowlson stated Boarding of Horses can be removed from the Pending Business Items as it has been taken care of. The meeting was adjourned at 8:46 p.m. Minutes prepared by Becky Boxx. WHATCOM COUNTY PLANNING COMMISSION ATTEST: Nicole Oliver, Chair Becky Boxx, Secretary m•• File # PLN2016-00013 May 10, 2017 Impervious Surface Amendments Planning Commission Recommendations, Page 1 WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT AND REASONS FOR ACTION Whatcom County Planning and Development Services has submitted an application for amendments to WCC Title 20 Zoning to establish cumulative impervious surfaces. 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on January 25, 2017. 3. Notice of the subject amendment was submitted to the Washington State Department of Commerce on January 5, 2017. 4. Notice of the Planning Commission public hearing for the amendments was published in the Bellingham Herald on January 13, January 20, February 24, March 13, March 31, and April 14, 2017. 5. The Planning Commission held a public hearing on the proposed amendments on January 26, March 9, March 23, and April 27, 2017. 6. The Growth Management Hearings Board and Washington Supreme Court have found Whatcom County's Comprehensive Plan to be out of compliance with the Growth Management Act in that its rural element lacks measures to protect water quality and availability in rural areas. The Board suggested impervious surface limits as a possible measure the County might adopt to protect water quality. 7. The Whatcom County Comprehensive Plan adopts by reference County Code provisions related to water resources under Policy 2DD-2.C. Revisions to the County Code are therefore also revisions to the Comprehensive Plan. The amendments propose adding Policy 2DD-2.C.10 to adopt by reference the new impervious surface standards proposed in WCC 20.32.500 and 20.36.500. 8. On October 11, 2016 the County adopted Ordinance 2016-045 revising the County's stormwater regulations and integrating low impact development principles and best management practices into 497 File # PLN2016-00013 May 10, 2017 Impervious Surface Amendments Planning Commission Recommendations, Page 2 the County's development regulations in order to meet the state's 2014 NPDES Phase 2 Permit requirements. 9. The purpose of the proposed Zoning Code and Comprehensive Plan amendments is to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board. Comprehensive Plan amendments may be considered outside the annual concurrent review of Comprehensive Plan amendments per WCC 2.160.010D. 10. WCC 2.160.080 provides approval criteria for Comprehensive Plan amendments. 11. Whatcom County Comprehensive Plan (WCCP) Policy 1OH-8 states: "Strongly incentivize the use of low impact development strategies. Minimize the amount of impervious surface whenever practicable by using natural engineering design methods such as the use of open, grassed, street swales and rain gardens instead of curbs and gutters. Where feasible, encourage alternate surfacing options and other techniques associated with low impact development." 12. WCCP Policy 10H-12 states: "Amend subdivision, zoning, and other land use regulations and design standards to encourage that land use activities minimize the amount of impervious surface." CONCLUSIONS 1. The amendment regarding impervious surface limits in rural zoning districts is in the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. 3. The Comprehensive Plan amendments meet the approval criteria of WCC 2.160.080. RECOMMENDATION Based upon the above findings and conclusion, the Whatcom County Planning Commission recommends approval of the proposed amendments as shown on Exhibits A and B. 0) m•: File # PLN2016-00013 May 10, 2017 Impervious Surface Amendments Planning Commission Recommendations, Page 3 WHATCOM COUNTY PLANNING COMMISSION Nicole Oliver, Chair Becky Bo (x, Secretary Date Date Commissioners present at the A ri._.il 27, 2017 meeting when the vote was taken• Kelvin Barton, Kate Blystone, Atul Deshmane, Gary Honcoop, David Hunter, Michael Knapp, Natalie McClendon, Nicole Oliver, and Andy Rowlson. Vote: Ayes: 9, Nays: 0, Abstain: 0, Absent: 0. Motion carried to adopt the above amendment. 3 WOR From: Wendy Harris To: Cary Davis; PDS Plarnino Commission Cc: bunter, donna Subject: New cumulative impervious surface rules Date: Monday, April 24, 2017 6:19:33 AM I have reviewed the new impervious surface rules intended to achieve compliance with the Hirst case. I assume this is not the county's complete response to its obligation to achieve GMA compliance as it does not address the county's obligation to determine water availability under prior appropriation rules. Will there be an attempt to craft a water budget, following up on the groundwater work and studies done in 2012 and 2013? Given the state of Whatcom County waters, in terms of quality and quantity, more stringent standards are necessary to comply with the Hirst case and most importantly to protect public health and safety. Doing too little too late, under a court compliance order, while giving in to the tremendous pressure exerted by special interest lobbyists groups for agriculture and development community is what helped create our water problems. We need to do more than we have been doing and we need to give the staff the ability to more readily say "no" to special interests. More Specifically: I vehemently oppose any attempt to relax application of impervious or storm water rules when a farm plan is in place: Farm plan secrecy will prevent the release of information to the public. As a member of the public, I have an inherent right to know that regulations in place for health and safety are adequate and are enforced. That is why is it crucial to have farmers waive farm plan secrecy as precondition of the privilege of having a farm plan. Any thing that becomes part of a farm plan loses its transparency and accountability, while the county has enforcement problems that are well known. This is not a good combination. (And if staff tells you they can not waive farm plan secrecy, that is inaccurate. It specifically is allowed under RCW 42.56.270. D Farm plans and farm management of stormwater runoff is not adequate or protective of our surface and ground waters and this has been known for over 30 years. Of the 12 Washington State Puget Sound Districts, Whatcom County has the greatest concentration of dairy cows, with 53% of the total, or over 45,562 animals (USDA, 2012), within its boundaries. Due to land use changes and population pressures, the Lower Nooksack Sub -basin has a heavily impacted floodplain, high nitrates in groundwater, elevated fecal coliform levels in surface waters, and poor riparian conditions throughout the Nooksack River and most of its tributaries. Department of Ecology's (Ecology) current (2012) 303(d) list of impaired waters shows that there are 34 stream and river segments in the watershed that are above acceptable limits for, among other things, fecal coliform. The Ecology Nooksack River Watershed TMDL (Hood, 500 2002) plan lists the improper application of manure to agricultural fields as a potential, significant source of fecal coliform to the watershed. The discharge of fecal coliform into local harbors and bays has led to a significant history of shellfish bed closures and reopenings, which has had a detrimental effect to Tribes and commercial harvesters. • By the end of 2015, approximately 80% of the freshwater sampling sites in Whatcom County were not meeting the standards for fecal coliform bacteria. A review of the testing sites indicates the problems are connected to watersheds with agricultural activity, the most prominent one being Drayton Harbor. While Drayton Harbor is claimed as a "success story" because it was subject to partial reopening of shellfish beds, while its primary tributaries, California Creek and Dakota Creek reflect some of the highest E. coli contamination levels in the county. http://www.whatcomcounty.us/2170/Water-Quality-Monitodn_CL- Results; http:/Iwww.whatcomcounty.us/DocumentCenterNiew/2767 • The activities conducted on farms, creating ditches and culverts and tiling, prevent groundwater recharge and promote storm water run off that carries manure, herbicides and toxic chemicals indicating a need for the most stringent of regulations. There is no justification and no science that supports different threshold standards for large lots and small lots that I am aware of. Is this something that staff can provide? The issue is not one of size, but one of use and activity. An undeveloped, fully forested lot should be treated differently than a cleared and graded lot that has modified the natural hydrology and infiltration capacity of the land. We should be focused on the whether the land is ecologically functional. That is the true test of how well we will be protecting our waters. Minimum Requirements For Wetlands Do Not Reflect Application of Best Available Science and Fail to Protect Against A Net Loss in the Functions and Values of the Critical Area and The Ecosystem In Which It Is Located. DOE rules begin on page 121 here: http://www.ecy.wa.gov/programs/w-----q/stormwater/2012to2Ol4SWMMWWRedlines.pdf What criteria and standards will the county use to establish it is protecting county waters? How will this be quantified and monitored? Why are we only currently testing water for fecal coliform? How about nitrates and pesticides, herbicides, fertilizer, and farm chemicals? Has anyone considered the impacts that all of the fire and smoke in the rural county have on water quality? This would also be something appropriate for testing. Why aren't we testing for temperature and oxygen levels for the survival of anadromous fish? These nuts and bolts questions are what makes or breaks a good regulation. AJ b1i R E LOMAW I I I ME• 501 Again, it was these kinds of tactics that caused such grave harm to county waters. It is time to stop trying to game the system and get serious about protecting and restoring our watershed ecosystems, particularly things like wetlands and critical aquifer recharge areas that play such an important role in protecting functions and values, and promoting ecosystem benefits, The comp. plan language is rather weak and subjective and does not create any mandatory standards. It is possible it will have little actual impact. It might be a more effective approach to strengthen the comp. plan language and also include specific, mandatory regulations in the critical area ordinance undergoing current council review. I think the new rules should more specifically refer to the "2012 Stormwater Management Manual for Western Washington, as Amended in December 2014" (The 2014 SWMMWW) for clarity and to avoid confusion. There is also reference to a comment letter from DOE that I did not see listed in the comments. Could this please be posted for public review? In conclusion, best available science indicates that degradation and sometimes irreparable harm happens once the cumulative impervious surface of a watershed ecosystem exceeds 10%. The standards in this proposal do not reflect SAS. They start out with 10%, but quickly digress into numerous mutations. Why not just stay at 10% and keep it simple and effective? This is a good start, but it needs to go further in protecting our criticals areas, ecosystems and surface and ground water from continuing degradation. To date, none of our efforts have achieved this, so let's try it straight, without any loopholes. Sincerely, Wendy Harris 502 WHATCOM COUNTY �1 f J.E."Sam" Ryan Planning & Development Services Director 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum TO: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Gary Davis, AICP, Senior Planner (tea THROUGH: Mark Personius, AICP, Assistant Director w+P DATE: July 11, 2017 SUBJECT: Impervious Surface Code Amendments Proposed amendments involving impervious surface standards were discussed at the June 13 Planning and Development Committee meeting, and are scheduled for a public hearing at the July 11 County Council meeting. Staff's memorandum of June 30, 2017 discusses the draft amendments recommended by the Planning Commission following four public hearings between late January and late April (page 164 in the July 11 agenda packet). In the past few days Futurewise and the attorney for the "Hirst" petitioners have submitted to the County Council their first comments and suggestions (July 10 and 7, respectively). One of the Hirst petitioners, Wendy Harris, individually submitted a comment before the last Planning Commission hearing (page 228 of the packet). Staff would like to respond to the recent comments. These comments suggest different actions. The Futurewise comment (p. 2) suggests limiting impervious surfaces to 20% of a lot, while the Hirst petitioners (including the individual Harris comment) suggest allowing no more than 10% impervious surface over the watershed area. As staff discussed with the Planning Commission, staff did not suggest an across - the board percentage for several reasons. First, on larger rural parcels, permissible impervious surface would be very high. For example, 10% of a 40 acre parcel would be four acres; 20% would be eight acres. Second, on smaller lots like those developed in the higher density Residential Rural (RR) zone or nonconforming small lots in the Rural (R) zone, the permissible impervious surface would be very 503 restrictive. At 10%, for example, on a 1/3 acre lot, a house, garage, driveway, and patio could not total more than 1,452 square feet in total area. As discussed on June 13, when impervious surface limits were first discussed in 2012, staff studied aerial photos of 24 sample rural lots to estimate what level of impervious surface is common in the rural area (see June 13 presentation, attached). The percentages ranged from 6% to 36%, with the smaller lots - three acres or less - typically seeing the highest percentages. This is why staff proposed a "sliding scale" threshold, allowing for established rural residential development patterns, but applying a ceiling so larger parcels would not be allowed an excessively high amount of impervious surface. Another reason staff suggested the sliding scale is that it corresponds with the sliding scale regulations for lot coverage (structures) in the R and RR zones, which was reduced to 20% with a ceiling of 25,000 square feet in 2012. The Hirst comment (page 6) quotes Gary Davis at the January 26 Planning Commission meeting discussing the Booth study. He was referring to the following passage in the study (emphasis added): Hydrologically and biologically, there are no truly negligible amounts of clearing or watershed imperviousness, even though our perception of, and out tolerance for, many of the associated changes in downstream channels appear to undergo a relatively abrupt transition. Almost every increment of cleared land, and of constructed pavement, is likely to result in some degree of resource degradation or loss. The decision of how much is'acceptable' is as thus as much a social decision as a hydrologic one.' The 5% - 10% may originate with wording from the 1997 May study, referring to a range within which conditions changed most rapidly: Results of the Puget Sound Lowlands study have shown that physical, chemical, and biological characteristics of streams change with increasing urbanization in a continuous rather than threshold fashion. Although the patterns of change differed among the attributes studied and were more strongly evident for some than for others, physical and biological measures generally changed most rapidly during the initial phase of the urbanization process as %TIA above the 5- 1 Derek B. Booth, "Forest Cover, Impervious -Surface Area, and the Mitigation of Urbanization Impacts in King County, Washington, 2000, p. 15 2 504 10% range, As urbanization progressed, the rate of degradation of habitat and biologic integrity usually became more constant.Z Lacking a clear threshold below which water quality is certainly protected, and above which it is not, staff and the Planning Commission, through the public process, developed standards that reflect established development patterns but prevent excessive impervious surface on large lots that would be allowed by straight-line percentages. These thresholds are part of a larger effort to bolster the County's water quality protection measures, which includes recent adoption of low impact development standards and expansion of stormwater regulations (Ord. 2016-045). The Hirst comment's contention that "this ordinance will allow much more than 35% of the Rural area to be covered by impervious surfaces" is incorrect. For parcels larger than three acres, the 45,000 square foot ceiling would not allow impervious surfaces to cover 35% without use of the stormwater manual. As staff mentioned in its presentation on June 13 (slide 11, attached presentation), staff calculated the maximum cumulative effect of the proposed thresholds in the R and RR zones countywide. The maximum theoretical impervious surface that could be permitted without use of the stormwater manual is about 14%, though within some watersheds where smaller lots exist, the potential was higher than the county average, but still well below 35% (see calculation totals, attached). Lots in rural commercial zones are not affected by the proposed impervious surface standards, but all rural and urban commercial development is considered a "high impact" use in 20.80.630 (p. 175 of the packet) and is therefore subject to the requirements of the stormwater manual. Regarding the comments made by Mark Personius according to the Planning Commission minutes (p. 7 of the Hirst comment), in the context of the March 9 meeting Mr. Personius was responding to a general question about whether changes to impervious surface standards would satisfy the hearings board, and whether other options have been considered. On the recording, after Mr. Davis responded that staff can't predict the outcome of a hearings board ruling, Mr. Personius said, referring to the option of imposing impervious surface limits in general, "To follow up on your question Mr. Knapp, this case has been going on for so long, a couple of years now. We had some discussions with the appellants, a z Christopher W. May, Richard R. Horner, James R. Karr, Brian W. Mar, Eugene B. Welch, "The Cumulative Effects of Urbanization on Small Streams in the Puget Sound Lowlands Region," 1997, Summary 3 505 couple of years ago about a potential settlement options on water quality and this is what they said would satisfy them." The minutes of the March 23 meeting condensed Mr. Personius' comments on the Supreme Court ruling. On the recording, in response to a question on what happens if the county does not move forward with the impervious surface proposal, he said: The GMHB, in the original decision on Hirst, on the water quality stuff, was pretty specific about pointing out things, in particular, that the county was not doing a good enough job at which was protecting water quality in rural areas. That included, for example, the County Health Department's on -site septic self -inspection system. They pointed out, specifically, in this case, impervious surface limitations and suggested putting a cap on impervious surfaces, which other counties have done, based on certain parcel sizes and certain zones. Through our discussions that evolved into getting rid of the cap and just saying if you get to a point where you have, like in this case, a number of 45,000 square feet then you would have to do a level of stormwater review and design. That is two different ways of addressing the same problem. They simply pointed out that these are things the county could do to get into compliance. When the county appealed that decision to the Court of Appeals they did not make any ruling on the water quality portion of the decision. They sent it back to the board. When the appellants appealed the decision to the Supreme Court they said the same thing: they made their decision on water quantity issues, on the permit exempt wells, but the water quality stuff they just kicked back to the GMHB. We did not get any additional guidance either from the Court of Appeals or Supreme Court. Because the courts did not speak directly to water quality there has been no discussions or bills proposed at the legislature to address the water quality portion. It has all been about the exempt well issues. If we don't do anything the threat is the GMHB may find we have not done enough. If they feel we haven't then we stay out of compliance and get an order to go back and do it again. The Hirst comment (p. 5) says the amendment to Comprehensive Plan Policy 2DD- 2.C.4 (bottom of p. 177 in the packet) removes references to water quality measures of the zoning code. It would not have that effect. The policy would still adopt by reference WCC 20.80.630-.635, the stormwater standards. Zoning code sections 20.32.656, 20.36.656 and others would only be references to 20.80.630 - .635 (p. 169-170 in the packet). It would not be necessary for the Comprehensive Plan to adopt those sections by reference, as long as it adopts the actual stormwater regulations in 20.80.630 - .635. If the County Council wishes to clarify that all these code sections are adopted into the Comprehensive Plan, Policy 2DD- 2.C.4.a.-I could be retained. Finally, the Hirst comment (bottom p. 5) points out that applying the 45,000 square foot ceiling on parcels 3 acres or larger (top of p. 176 in the packet) results in a 4 506 situation where parcels slightly smaller than three acres would have a threshold of up to 45,738 square feet (1.64% higher than 45,000). Mathematically it is true that the parcel size where 350/b of the parcel equals 45,000 square feet is 2.95159386 not 3 acres. In the draft code amendment, staff rounded the number up to 3 acres for clarity, but if the Council wishes to change that acreage amount to 2.95159386 to correct this error, or adopt alternative wording, staff would not oppose. If you have any questions, please call Gary Davis, Senior Planner, at extension 5931. Attachments: Maximum impervious surface threshold calculation June 3, 2017 presentation s 507 Maximum Impervious Surface Threshold Calculation - R, RR Districts Max Impervious Surface Parcel Size per Proposed Threshold Row Labels Sum of SQF Sum of MAX IMP SFC Avg BELLINGHAM BAY 123,752,057 28,911,505 23.4% BIRCH BAY 364,083,279 46,458,966 12.8% DRAYTON HARBOR 1,070,651,194 125,374,771 11.7% LAKE WHATCOM 303,301,413 75,401,171 24.9% LOWER MAINSTEM NOOKSACK 245,055,489 44,339,868 18.1% LUMMI BAY 387,543,655 54,644,447 14.1% LUMMI PENNINSULA/PORTAGE ISLAND 91,007,377 11,273,007 12.4% LYNDEN NORTH 78,393,320 11,065,468 14.1% MIDDLE FORK NOOKSACK 42,203,399 6,283,541 14.9% NORTH FORK NOOKSACK 365,806,736 54,324,984 14.9% SILVER/NOOKSACK CHANNEL & DELTA 212,843,317 32,852,744 15.4% SOUTH FORK NOOKSACK 105,018,130 13,325,959 12.7% SQUALICUM 364,623,721 55,101,661 15.1% SUMAS RIVER 360,702,400 35,907,634 10.0% TEN MILE 721,157,401 97,039,061 13.5% UPPER MAINSTEM NOOKSACK 378,381,088 46,223,759 12.2% Grand Total 5,214,523,978 738,528,544 14.2% 6 C-a O Q o r o r U a +J o a c o V U 4 N 14- P h r 'U a r O �a a � a a •. • O d E � E ± w \ � � § 3 e S � 2 2 w � � CO § 0 2 2 / \ 0 j C14 2 w � � @ § 0 2 m § } u j � E 0 w \ � Zll § u e S \ § n 2 LU S E m § 0 2 � 2 / 0 UE $ a t�R OR a el m N m as m to r-i tXj to N to N 0 C? 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X y • r 0 b -C N �= r v NOSSAMAN July 7, 2017 Whatcom County Council 311 Grand Ave. Bellingham, Washington 98225 Be email to council@co.whatcom.wa.us ATTORNEYS AT LAW 1925 Lake Crest Drive Bellingham, Washington 98229 Jean O. Melious 360-306-1997 jmelious@nossaman.com Re: Whatcom County Agenda Bill 2017-195, "Ordinance amending the Whatcom County Code Title 20 Zoning and the Whatcom County Comprehensive Plan relating to cumulative impervious surface coverage standards." Dear Chair Buchanan and Whatcom County Council Members: Introduction The Washington State Supreme Court upheld the Growth Management Hearings Board's ("Board's") determination that the County's Comprehensive Plan ("CP") fails to meet the Growth Management Act ("GMA") requirement to "include measures that apply to rural development and protect the rural character of the area, as established by the county, by ...[p]rotecting surface water and groundwater resources:" RCW 36.70A.070(5)(c). The Court specifically "affirm[ed] the Board's ruling that the County's rural element fails to comply with the requirement to protect water quality." The Board emphasized that "[I]ocal land use plans and regulations must seek to avoid groundwater contamination as well as managing surface water runoff to prevent pollution of Puget Sound." Hirst et al. v. Whatcom County, Case No. 12-2-0013, Final Decision and Order, June 7, 2013 ("FDO") at 22- 23. The Board found substantial evidence of water pollution resulting from the absence of effective land use planning containing measures to protect water resources. FDO at 34-35. It provided the County with the relevant scientific standard for limiting impervious surfaces in the Puget Sound, quoting a Washington Department of Fish and Wildlife report that states: "Recent research in western Washington has determined that measurable degradation to downstream aquatic habitat occurs where impervious cover exceeds 5-10% and native forest cover is reduced to less than 65% of watershed area." (For citations, see Section II, where the Board's discussion is set forth at greater length.) Despite the County's very severe pollution problems, and in complete disregard of the scientific studies quoted by the Board in the FDO (set forth in Section I, below), the ordinance before you imposes no limit on impervious surfaces in the Rural area. In an ill-defined provision applicable only to residential zones in the Rural area, the Ordinance provides for stormwater mitigation 522 Letter to Whatcom County Council July 7, 2017 Agenda Bill 2017-195 only after 35% of a "parcel" — or more, if 35% of the parcel is smaller than the threshold of 45,000 square feet — has been covered by impervious surfaces. This proposal is unsupported by science. It is admittedly based on "social considerations" (see Section III, below) rather than on the well -established fact that impervious surfaces adversely affect water quality. In the year 2017, it was stunning to read minutes indicating that the Planning Commission entertained arguments that Whatcom County — uniquely on the planet — is a place where increased impervious surfaces somehow have no effect on water resources. This unfounded belief directly conflicts with the Board's clear finding, following an extensive discussion of relevant literature, that "current science -based studies conclude that most water resource degradation in the Puget Sound region and Whatcom County in particular can be attributed to land use and land development practices." FDO at 34. Even if you decide to disregard all of the evidence about the effects of impervious surfaces on water resources stacked up over the decades, from western Washington State, the United States, and the rest of the world, please bear in mind that the Hearings Board quoted evidence specific to Whatcom County. This evidence included (but is not limited to) the following: "In the 2006 Bertrand Creek: State of the Watershed Report, the County and other cooperating organizations documented land use changes in the Bertrand Creek Watershed which include `loss of water -retention capacity of wetlands and the increase in pavement, rooftops, and other hard surfaces resulting in a "flashy watershed." Such watersheds mean these areas reach flood stage quickly, have more pollution potential, and dwindle down to extremely low flow during the driest months."' FDO at 27. The effect of increased impervious surfaces on water quality and water resources is not limited to King County. Whatcom County is not somehow immune. The Board further found: "Whatcom County is listed with 'impaired water bodies' in the 2010 State of the Watershed Report, which is the U.S. Environmental Protection Agency's report on the status of Section 303(d) of the Clean Water Act. Since 2000, Whatcom County's "impaired water bodies" have increased from 47 to 77. Of those, only 6 water bodies have been analyzed and have had standards established for allowable total allowable pollution (Total Maximum Daily Loads (TMDLs)). The standards and policies derived from these TMDLs have not been adopted by reference as measures governing land use in the Rural Element and do not appear to be addressed in the development regulations for affected rural areas in the Ordinance No. 2012-032 amendments. In Butler v. Lewis County, the Western Board found the County was aware of an Ecology TMDL Study with recommendations for water management practices. The Board ruled the County's failure to adopt any policies into its land use plan violated RCW 36.70A.070(1). While Butler was decided under the GMA's mandatory provisions for the land use element, the requirements for "measures" in the Rural Element are no less specific. 523 Letter to Whatcom County Council July 7, 2017 Agenda Bill 2017-195 The Ordinance does not address the standards and policies derived from TMDLs, and no effort was made to establish that the Ordinance would address the causes of pollution in impaired water bodies. We ask you not to approve the attached ordinance, but instead to pay heed to the Board and to the science of watersheds, which has long recognized that increased impervious surfaces will only exacerbate Whatcom County's existing severe water quality and quantity problems. If the County decides to allow more than the 5-10% impervious surface limit that the Board emphasized in its FDO, it should be able to support the increase with best available science. No science supports increasing impervious surfaces throughout the Rural area by well over 35%. Our remaining comments are set forth in three sections: • Section I includes some of the most directly pertinent evidence quoted by the Board in its FDO. We additionally encourage you to read the Board's insightful and evidence - supported analysis of the County's water resource problems, and of the measures that the County can and should take to protect water resources. • Section II contains comments on the provisions of the proposed Ordinance. • Section III includes comments and corrections to Planning Commission materials, as provided with the proposed ordinance. SECTION I Excerpt from the Board's FDO, Case No. 12-2-0013 (June 7, 2013) at pp. 31-33: This discussion states as follows, with emphasis (language underlined) that the Board included in the original FDO. I have emphasized additional language in bold: "Further information about land use planning and water resources, comes from the Washington State Department of Fish and Wildlife's (WDFW) report "Land Use Planning for Salmon, Steelhead and Trout." This guide recommends various land use planning strategies to assist local governments to meet salmon recovery and land use planning laws. Specifically, on urban and rural growth, the report explains: Development in rural and urban areas is often located in low -gradient areas.... Urban growth in these riparian environments can alter land surface, soil, vegetation and hydrology by increasing the area of impervious surface. Impervious surface area is strongly correlated with adverse impacts on stream conditions including extensive changes in basin hydrology, channel morphology, and physio-chemical water quality (May et al. 1996; Booth 2000; R2 Resource Consultants et al. 2000).... Implementing land use planning for salmon, steelhead and trout can avoid many impacts associated with urban and rural growth by maintaining estuarine, wetland and riparian habitats, and adjacent upland habitats, among others. For example, limiting impervious 3 524 Letter to Whatcom County Council July 7, 2017 Agenda Bill 2017-195 surface in the watershed and locating development away from riparian systems (using native vegetation buffers) would improve salmonid habitat function and hence survival (May 2003; May 2009).119 120 Further information on stormwater management shows the link between impervious surfaces and water quality degradation: "Traditional urban and rural development practices remove forests, vegetation and topsoil, compact soils, and increase impervious surface areas, diminishing the land's ability to hold and infiltrate rainwater. The remaining water becomes stormwater runoff, rushing off impervious surfaces such as roofs, roads and compacted soils instead of infiltrating the soil column (Booth 2000). Runoff is of particular concern in regions of intense rainfall, such as glacial outwash regions surrounding Puget Sound, or limited vegetation and landscapes with thin soils, such as the and and semiarid interior east of the Cascade Range (Booth 2000). Recent research in western Washington has determined that measurable degradation to downstream aquatic habitat occurs where impervious cover exceeds 5-10% and native forest cover is reduced to less than 65% of watershed area (May et al. 1996; Booth 2000). Washington state agencies such as the Puget Sound Partnership and the State of Washington Department of Ecology, as well as the federal Environmental Protection Agency, have determined that stormwater runoff is the leading contributor to water quality pollution of urban waterways in western Washington State (http://www.pso.wa.aov/stormwater.php). Therefore, it is imperative that local governments manage stormwater with policies, regulations and incentive programs (e.g., Low Impact Development (LID) to reduce and treat stormwater runoff. 20 (Emphasis added [by the Board]) Finally, the WDFW report touches on the causes of water pollution with the following analysis and suggestions: While climate change may influence water quality over the long-term, most water quality degradation can be attributed to land use development practices. Development removes native vegetation, increases water temperatures, and compromises water quality by causing excessive runoff and stormwater discharge which washes nutrients, contaminants, and toxic materials from impervious surfaces into waterways (R2 Resource Consultants et al. 2000). Though these changes are most noticeable in streams draining highly urbanized watersheds (May et al. 1996), smaller scale development impacts are also important in less urbanized watersheds. (Emphasis added [by the Board].) 4 525 Letter to Whatcom County Council July 7, 2017 Agenda Bill 2017-195 rb SECTION II. Comments on the Ordinance Overall: The Ordinance only addresses the R and RR zones. In Rural zoning designations that are not addressed by the proposed ordinance, far greater coverage by impervious surfaces is permitted. For example, 85% of a "site" may be covered by "buildings, structures, hard surfacing, parking areas and other impervious surfaces" in the Neighborhood Commercial zone. Title 20, Ch. 20.60, section 20.60.500. • It does not appear that any analysis has been conducted of the cumulative effect of development under these standards, which are even less limiting of impervious surfaces. • The fact that the other Rural zoning designations allow a very high coverage by impervious surfaces should result in designations that require less than 10%, based on the scientific evidence in the record. Page 1, Elimination of incorporation by reference into the Land Use Element: Is there a reason to remove these provisions from the Land Use Element? Perhaps the removal recognizes that the ordinance would not meet the GMA requirements for the Land Use Element, which must "review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound ..." Without incorporation to the Land Use Element, however, it seems likely that the Land Use Element entirely fails to comply with this requirement. Page 6: The Ordinance includes a broad, poorly -drafted provision that should be deleted or revised: Application of the stormwater manual is not required where a County-. state-, or federally -approved farm plan. or equivalent document, demonstrates stormwater is being effectively managed. The Ordinance does not define either "equivalent document" or "effectively managed." No goal is provided for "effective management," which may not be the same for the farm plan as for the GMA's requirement to protect of rural character by protecting water quantity and water quality. It must be presumed, therefore, that the planner at the desk will exempt any application if a "document" is produced that includes the term "stormwater" or "management." This loophole fails to protect water resources. Page 6: The Ordinance states that "Any project that results in new hard surface...." The terms "project" is not defined. A "project" is not the same as a parcel. Page 7. Please provide scientific support for the provision allowing 45,738 square feet of impervious surface to be constructed on 3-acre parcels (that is 35% of 3 acres, a larger figure than the 45,000 square feet allowed on parcels over 3 acres). 526 Letter to Whatcom County Council July 7, 2017 Agenda Bill 2017-195 rh Page 8. The Ordinance states that, "For purposes of determining high intensity land use, the calculation of cumulative impervious surface shall not include roadways or driveways in public rights -of -way or in easements that serve other parcels." Please provide scientific support for the conclusion that roadways or driveways in public rights -of -way or easements are not impervious surfaces, or do not contribute — equally with other roadways or driveways — to the degradation of water resources. If no such support is available, this loophole should be eliminated. Page 9: The deletion of all references to drainage measures in the various zoning districts removes measures to protect water quality and quantity from the CP. It is not clear why the County wants to remove these "measures" from the CP. SECTION III Comments and Corrections on Planning Commission Materials Planning Commission staff report: Page 2, lines 7-8 (Gary Davis): "These amendments would add maximum limits on impervious in the Residential Rural 8 (RR) and Rural (R) zones." • This statement may refer to an earlier draft, but does not accurately describe the proposed ordinance. The proposed amendments include no maximum limits on impervious surfaces. • The amendments only require mitigation under the stormwater manual when impervious surfaces exceed 35% of the lot in some circumstances (excluding some impervious surfaces and all areas under some sort of "document" that shows that stormwater is "effectively managed"). Planning Commission Minutes, January 261n Page 2, lines 31-37 (Gary Davis): "Is there a good threshold and hard and fast rule for what percentage improves water quality? What one of the studies found says that degradation of water quality occurs pretty rapidly, into the 5 and 10 percent impervious surface range. After that it is a judgement call.... The decision about how much is acceptable is as much a social decision as a hydrologic one." • If this statement was intended to refer to the WDFW publication quoted in the Board's order, it misrepresents the report. Nowhere does the report state that, once an area has greater than 10% impervious surfaces, it does not need to limit impervious surfaces because the relationship between land use policies and impacts on water quality are a "judgment call" or a "social decision." • As noted above and quoted by the FDO, the report emphasizes that "it is imperative that local governments manage stormwater with policies, regulations and incentive programs (e.q.. Low Impact Development (LID) to reduce and treat stormwater runoff." • The reason that this is "imperative" is that "[i]mpervious surface area is strongly correlated with adverse impacts on stream conditions including extensive changes in basin hydrology, channel morphology, and physio-chemical water quality." (Quoted in the FDO.) C01 527 Letter to Whatcom County Council July 7, 2017 Agenda Bill 2017-195 rb Planning Commission Minutes, March 9, 2017 Page 5, Lines 1-2 (Mark Personius): "Mr. Personius stated the county had conversations with the appellants and they stated this proposal would satisfy them." • This statement is incorrect. The County has stated that it was developing an ordinance that would limit impervious surfaces, but did not describe this proposal, nor did we say that it would comply with the GMA. Planning Commission Minutes, March 23, 2017 Page 6, Lines 18-19 (Mr. Personius): "The Supreme Court only rules on the water quantity issue, not the quality issue." • This statement is incorrect. The Supreme Court did rule on the water quality issue. After a discussion of evidence and arguments, the Court "affirm[ed] the Board's ruling that the County's rural element fails to comply with the requirement to protect water quality." CONCLUSION This Ordinance will allow much more than 35% of the Rural area to be covered by impervious surfaces. As you know, the Rural areas is larger than the County's Agricultural area. Covering more than a third of this very large area will harm, not help, water quality and quantity. It will ensure further stresses on endangered salmon species. It will reduce recharge of aquifers, exacerbating the County's water shortage problems. Please adopt measures that will protect the County's rural character, now and into a future in which we will face climate change, increasing population, and even greater strains on our water resources. Sincerely, Jean O. Melious Attorney for Eric Hirst, Laura Leigh Brakke, Wendy Harris, and David Stalheim cc: County Executive Jack Louws Ms. Karen Frakes Mr. Mark Personius Mr. Gary Davis Mr. Tim Trohimovich 528 816 Second Ave Suite 200 Seattle, WA 98104 July 10, 2017 Whatcom County Council 311 Grand Avenue, Suite 105 Bellingham, Washington 98225 Dear County Council Members: future wise (206) 343-0681 Ext. 1 18 tim@futurewise.org futurewise.org Subject: Comments on Amending the Whatcom County Code Title 20 Zoning and the Whatcom County Comprehensive Plan Relating to Cumulative Impervious Surface Coverage Standards. Sent via email to: council@co.whatcom.wa.us; ; 12dsQco.whatcom.wa.us,- kfrakes@co.whatcom.wa.us Thank you for the opportunity to comment on the amendments to the Whatcom County Code Title 20 Zoning and the Whatcom County Comprehensive Plan Relating to Cumulative Impervious Surface Coverage Standards. We urge the County to limit imperious surfaces in rural areas. As will be explained below, this is supported by scientific research conducted in Western Washington. Futurewise works throughout Washington State to support land -use policies that encourage healthy, equitable, and opportunity -rich communities, and that protect our most valuable farmlands, forests and water resources. Futurewise has members across Washington State, including Whatcom County. For well over a decade now, the scientific literature shows that constructed storm water facilities alone will not protect water quality.' Rather impervious surface area and clearing regulations are needed too.' The Booth article, enclosed, considered storm water controls in analyzing whether they alone can effectively protect water quality.' The evidence is they cannot.' In discussing the impacts of development on water quality, the StormwaterManagementManual for lYlestern lYlashington states: There is some agreement that preserving a high percentage (possibly 65 to 75%) of the land cover and soils in an undisturbed state is necessary. To achieve these high percentages in urban, urbanizing, and suburban watersheds, a dramatic reduction is ' Derek B. Booth, David Hartley, and Rhett Jackson, .Forest Cover, Impervious -Surface Area, and the Mitigation of Stormwater Impacts 38 JOURNAL oji rmi? AMERICAN WATER RESOURCES ASSOCIATION 835, 838 — 43 (2002). The Journal of the American Water Resources Association is a peer -reviewed scientific journal. The Journal of the American Water Resources Association UAWRA) Instructions for Authors pp. *2 — 4 accessed on July 7, 2017 at: http://www.awra.org/jawra/JAW Lk%20Instructions%20for%o20Authors.12df and both the article and the instructions are enclosed with this letter. 2 Derek B. Booth, David Hartley, and Rhett Jackson, Forest Cover, Impervious -Surface Area, and the Mitigation of Stormwater Impacts 38 JOURNAL OF THE AMERICAN WATER RESOURCES AssocIATION 835, 844 (2002). 3 Id. at 838 — 43. 4 Id 529 Whatcom County Council July 10, 2016 Page 2 necessary in the amount of impervious surfaces and artificially landscaped areas to accommodate our preferred housing, play, and work environments, and most significantly, our transportation choices.' Requiring compliance with the storm water manual when € , yr.. ¢' o u surfaces exceed 35 percent ! it supported by the science The proposal's approach, requiring compliance with the storm water manual when impervious surfaces exceed 35 percent, will not effectively protect water quality for three reasons. First, the approach is not tied the total imperious surfaces in a basin, they are just flat impervious surface area limits below which compliance with the storm water manual is not required and above which compliance is required. There is no consideration of existing impervious surfaces or the impact of the development on total impervious surfaces. Second, as was documented above, storm water controls, alone, will not protect water quality. It will also not protect water quantity. According to the Washington State Department of Ecology, the Nooksack Watershed is experiencing "diminishing surface water supplies" and "declining groundwater levels in some areas during peak use periods ....". Limiting impervious surfaces and requiring infiltration when possible will help maintain water resources available for farms, homes, businesses, and fish. Third, it does not include any provisions to maintain native vegetation in rural areas. As was documented by the StormzvaterManagementManual for Western Washington this is necessary to maintain water quality and aquatic habitats.' these problems These problems can be solved by adopting reasonable impervious surface limits. Limiting impervious surfaces 20 percent of a lot in rural Whatcom County combined with infiltrating storm water where possible will address the problems identified above.' Clearing and excavations should be limited to maintain 65 percent native vegetation with undisturbed soils.' We would support 5 Washington State Department of Ecology Water Quality Program, StorwwaterManagement Manual for Western Washington p. 31 (Publication Number 14-10-055: Dec. 2014) accessed on July 10, 2017 at: http://www.ecy.wa.gov programs/wy/stormwater/manual/20145WIVI'vIWWinteractive/2014%20SW,"vIMWW.htm and enclosed with this letter. G State of Washington Department of Ecology Water Resources Program, Focus on WaterAvailahility Nooksack Watershed, WRIA 1 p. 1 (Publication Number: 11-11-006: Nov. 2016) accessed on July 7, 2017 at: https://fortress.wa.gov/ecy/publications/summarypages/1111006.htm1 and enclosed with this letter. 7 Washington State Department of Ecology Water Quality Program, Stormwater Management Manualfor Western Washington p. 31 (Publication Number 14-10-055: Dec. 2014). 8 Derek B. Booth, David Hartley, and Rhett Jackson, Forest Cover, Impervious -Surface Area, and the Mitigation of Stormwater Impacts 38 JOURNAL OP THE AMERICAN WATER RESOURCES ASSOCIATION 835, 844 (2002). 9 Washington State Department of Ecology Water Quality Program, Stormwater Management Manual for Western Washington p. 31 (Publication Number 14-10-055: Dec. 2014). 530 Whatcom County Council July 10, 2016 Page 3 provisions to allow a larger impervious surface and clearing limit for lots 2.5 acres and smaller to assure that there is adequate buildable land on lot. Thank you for considering our comments. If you require additional information, please contact me at telephone (206) 343-0681 Ext. 118 or email tiro@futurewise.org. Very Truly Yours, Tim Trohimovich, AICP Director of Planning & Law Enclosures 531 Reference material can be found: Online at: https://wa-whatcomcounty.civicplus.com/DocumentCenter/View/29430 •' In the County Council Regular Meeting Linked Agenda. Hard copy can be viewed in the Council Office 532 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 Director TO: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Gary Davis, AICP, Senior Planner L� THROUGH: Mark Personius, AICP, Assistant DirectoruR DATE: July 25, 2017 SUBJECT: Impervious Surface Code Amendments At the July 11 County Council meeting, PDS staff presented the Planning Commission's recommendation on the proposed zoning code amendments that would establish a cumulative impervious surface threshold in the Residential Rural (RR) and Rural (R) zones. The County Council referred the amendment back to the Planning and Development Committee for additional discussion. Councilmembers expressed interest in considering a lower cumulative impervious surface threshold than that recommended by the Planning Commission. In staffs presentation at both the July 11 public hearing and the June 13 Committee discussion, staff presented its calculation that the Planning Commission's recommended threshold of 35% of total parcel size (with a 10,000 square foot (sq ft) floor and 45,000 sq ft ceiling) would theoretically allow up to 14.2% of the RR and R districts inside the Nooksack River basin' to be covered by impervious surfaces if all lots' impervious surfaces were equal to the threshold. Staff has now done the same calculation on the original staff recommendation of 25% (with a 7,000 sq ft floor and 35,000 sq ft ceiling), and a third "hybrid" option of 25% (with a 10,000 sq ft floor and 45,000 sq ft ceiling). The theoretical maximum impervious surface coverage for these two options is 10.9% and 13.3%, respectively. See the chart below and the attached tables for comparison of the three options. 1 Refers to the portion of the Nooksack basin described in the Department of Ecology's November 14, 2016 letter listing areas potentially affecting instream flows. These areas exclude the Campbell River, Samish, and Point Roberts areas. Also excluded is Lummi Island, which has no R or RR zoning. 533 The proposed code amendment would establish a cumulative impervious surface threshold in the stormwater regulations of WCC 20.80.630. Under existing regulations, projects defined as high intensity uses2 require compliance with the Department of Ecology stormwater manual. The amendment would add to the definition of "high intensity" uses in 20.80.630(1)(e) any project that causes the total impervious surface to exceed the cumulative threshold in the RR and R districts, making those projects subject to the stormwater manual. Projects that do not cause the total impervious surface to exceed the cumulative threshold would still be subject to existing 20.80.630 standards. All projects within the NPDES II permit area and stormwater special districts' are, like all high intensity uses, required to comply with the stormwater manual. For projects that do not cause the total impervious surface to exceed the cumulative threshold, and are defined as low or medium intensity uses, 20.80.630(1)(d) sets minimum Z Per 20.80.630(1)(e), high intensity uses include: (1)Any project that results in new plus replaced hard surface greater than or equal to 10 percent of the gross parcel size or 20,000 sq. ft., whichever is greater, or converts 1.5 acres of vegetation to lawn or five acres of vegetation to pasture; (2)Subdivisions of land into more than four lots; (3) Commercial, industrial, institutional, multifamily uses; and (4) All uses on parcels bisected by the NPDES Phase II permit area boundary. 3 Stormwater special districts are the Drayton Harbor watershed, Lake Samish watershed, Birch Bay watershed, and the Lake Padden watershed. Application of the stormwater manual these special districts is modified in 20.80.630(1)(c). Stormwater regulations for the Lake Whatcom watershed are contained in WCC Chapter 20.51, per 20.80.630(1)(b). 2 534 requirements, though it does not require not full compliance with the manual. These requirements are applied based on the project size and whether it is of low or medium intensity, and consist of: • Stormwater site plan • Construction stormwater pollution prevention plan (SWPPP) • Source control • Preservation of natural drainage • On -site stormwater management • Treatment • Flow control • Wetlands projection • Operation and maintenance agreement If you have any questions, please call Gary Davis, Senior Planner, at extension 5931. Attachment: Maximum impervious surface threshold calculations for three options 3 535 Option 1: Planning Commission Recommendation 10,000 sq ft; 35%; 45,000 sq ft Parcel Size Max Impervious Surface % Max Imp Watershed Sum of SQF Sum of MAX IMP SFC 35 45 Sfc BELLINGHAM BAY 123,752,057 28,911,505 23.36% BIRCH BAY 364,083,279 46,458,966 12.76% DRAYTON HARBOR 1,070,651,194 125,374,771 11.71% LAKE WHATCOM 303,301,413 75,401,171 24.86% LOWER MAINSTEM NOOKSACK 245,055,489 44,339,868 18.09% LUMMI BAY 387,543,655 54,644,447 14.10% LUMMI PENNINSULA/PORTAGE ISLAND 91,007, 377 11,273, 007 12.39 % LYNDEN NORTH 78,393,320 11,065,468 14.12% MIDDLE FORK NOOKSACK 42,203,398 6,283,541 14.89% NORTH FORK NOOKSACK 365,806,736 54,324,984 14.85% SILVER/NOOKSACK CHANNEL & DELTA 212,843,317 32,852,744 15.44% SOUTH FORK NOOKSACK 105,018,130 13,325,959 12.69% SQUALICUM 364,623,721 55,101,661 15.11% SUMAS RIVER 360,702,400 35,907,634 9.95% TEN MILE 721,157,401 97,039,061 13.46% UPPER MAINSTEM NOOKSACK 378,381,088 46,223,759 12.22% Grand Total 5,214,523978 738,528,544 14.16% Excludes Campbell River, Point Roberts, and Samish watersheds 4 536 Option 2: Staff Recommendation 7,000 sq ft; 25%; 35,000 sq ft Parcel Size Max Impervious Surface Watershed Sum of SQF Sum of MAX IMP SFC 25 35 % Imp Sfc BELLINGHAM BAY 123,752,057 21,461,474 17.34% BIRCH BAY 364,083,279 35,356,413 9.71% DRAYTON HARBOR 1,070,651,194 95,856,995 8.95% LAKE WHATCOM 303,301,413 60,617,621 19.99% LOWER MAINSTEM NOOKSACK 245,055,489 33,341,340 13.61% LUMMI BAY 387,543,655 41,863,768 10.80% LUMMI PENNINSULA/PORTAGE ISLAND 91,007,377 8,470,356 9.31% LYNDEN NORTH 78,393,320 8,311,548 10.60% MIDDLE FORK NOOKSACK 42,203,398 4,769,267 11.30% NORTH FORK NOOKSACK 365,806,736 42,522,272 11.62% SILVER/NOOKSACK CHANNEL & DELTA 212,843,317 24,811,055 11.66% SOUTH FORK NOOKSACK 105,018,130 10,214,295 9.73% SQUALICUM 364,623,721 42,321,393 11.61% SUMAS RIVER 360,702,400 27,483,381 7.62% TEN MILE 721,157,401 73,874,107 10.24% UPPER MAINSTEM NOOKSACK 378,381,088 35,359,316 9.34% Grand Total 5,214,523,978 566,634,599 10.87% Excludes Campbell River, Point Roberts, and Samish watersheds 5 537 Option 3: Hybrid 10,000 sq ft; 25%; 45,000 sq ft Parcel Size Max Impervious Surface % Max Imp Watershed Sum of SQF Sum of MAX IMP SFC 25 45 Sfc BELLINGHAM BAY 123,752,057 25,197,634 20.36% BIRCH BAY 364,083,279 44,531,536 12.23% DRAYTON HARBOR 1,070,651,194 118,212,976 11.04% LAKE WHATCOM 303,301,413 71,120,987 23.45% LOWER MAINSTEM NOOKSACK 245,055,489 40,119,456 16.37% LUMMI BAY 387,543,655 51,652,193 13.33% LUMMI PENNINSULA/PORTAGE ISLAND 91,007,377 10,531,621 11.57% LYNDEN NORTH 78,393,320 10,186,427 12.99% MIDDLE FORK NOOKSACK 42,203,398 5,708,260 13.53% NORTH FORK NOOKSACK 365,806,736 51,392,647 14.05% SILVER/NOOKSACK CHANNEL & DELTA 212,843,317 29,440,519 13.83% SOUTH FORK NOOKSACK 105,018,130 12,653,169 12.05% SQUALICUM 364,623,721 52,857,178 14.50% SUMAS RIVER 360,702,400 33,729,473 9.35% TEN MILE 721,157,401 91,096,231 12.63% UPPER MAINSTEM NOOKSACK 378,381,088 43,313,324 11.45% Grand Total 5,214,523,978 691,743,630 13.27% Excludes Campbell River, Point Roberts, and Samish watersheds 6 538 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax • I F I •-rrf 7 J.E. 'Sam" Ryan Director TO: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Gary Davis, AICP, Senior Planner THROUGH: Mark Personius, AICP, Assistant Director DATE: May 30, 2017 SUBJECT: Impervious Surface Code Amendments Discussion of proposed amendments involving impervious surface standards are scheduled for discussion at the June 13 Planning and Development Committee meeting. The attached draft recommended by the Planning Commission would apply to land in the Rural and Residential Rural zones (about 132,000 acres total), but would not apply to farms in those zones that currently have a farm plan that addresses stormwater. For the affected parcels, a new development project that causes the cumulative impervious surface to exceed a threshold of 35 percent of the parcel size, or 45,000 square feet, whichever is greater, would require use of the Department of Ecology stormwater manual to assure stormwater mitigation. The Planning Commission held four public hearings on the proposal and made its recommendation on April 27 (the minutes of these meetings are attached). The attached April 19 staff memorandum to the Planning Commission outlines four options that were discussed. The memorandum also explains the accompanying Comprehensive Plan amendment, which would update Policy 2DD-2, which references the County's measures to protect water quality in rural areas. This proposed amendment is in response to the water quality portion of the Supreme Court's decision regarding water resources (the Hirst decision). A limit on impervious surfaces is one of the Growth Management Hearings Board's suggestions for additional measures to protect water quality in rural areas. 1 539 If you have any questions, please call Gary Davis, Senior Planner, at extension 5931. Attachments: Draft ordinance and amendments: WCC Title 20 Zoning and WCCP Staff Report February 28, 2017 staff memorandum to Planning Commission April 19, 2017 staff memorandum to Planning Commission Planning Commission Minutes Planning Commission Findings and Recommendations Public Comments 540 WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2017 276 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9/5/2017 9/12/2017 Council Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Appointment of councilmember to committee to review WTA Board of Director ATTACHMENTS: Letter from WTA 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 mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Nomination and appointment of one councilmember to serve on a committee to review the composition of the Whatcom Transportation Authority (WTA) Board of Directors. 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. 541 4111 Bakerview SpurRoad,Bellingham,' 98226 August 31, 2017 Mr. Barry Buchanan Council Chairperson Whatcom County Council 311 Grand Avenue, Suite 105 Bellingham, WA 98225 [l [IffCCU, V E [0) HATCC I COUNTY COUNCIL (360) 676-6843 (Voice & TTY) Fax: (360) 738-7302 Website: www.ridewta.com Re: Four -Year Review of Whatcom Transportation Authority Board Composition Dear Chairman Buchanan: As the General Manager of the Whatcom Transportation Authority (WTA), I am giving notice in accordance with RCW 36.57A.055 (attached) that on October 18, 2017 at 10:00 a.m. in the Board Room at WTA, 4111 Bakerview Spur, Bellingham, a meeting will be held to review the composition of the WTA Board of Directors. The above noted statute provides that every four years a member of the county legislative authority and an elected representative from each city within the boundaries of the Public Transportation Benefit Area shall meet and review the composition of the WTA governing body. The Composition Review Committee may change the composition of the Board if change is deemed appropriate. It is my understanding and interpretation of RCW 36.57A.055 that the County Council will designate the County Council's member to serve on the Composition Review Committee, and that the Bellingham, Lynden, Ferndale, Blaine, Everson, Nooksack, and Sumas City Councils will each designate one of their City's elected representatives to serve on the Committee. Each respective Council may choose to appoint the present WTA Board member representing their jurisdiction to serve on the Committee, or they may choose another council member. I would appreciate it if each of the Councils would notify my assistant and Clerk of the Board, Vicki Esser by e-mail at vickiena.ridewta.com of the designated representative who will be serving on the Committee by October 2, 2017. Additional background material will be provided to the designated representatives in advance of the meeting. Sincerel , Peter L. Stark General Manager cc: County Executive Jack Louws WTA Board of Directors Dana Brown -Davis, Clerk of the Council Enclosure PAVICKIE\BOARD\Comp Review-2017\Brd Comp Review Urs 08-30-17.docx 542 RCW 36.57A.055: Governing body —Periodic review of composition. Page 1 of 1 RCW 36.57A.055 Governing body —Periodic review of composition. After a public transportation benefit area has been in existence for four years, members of the county legislative authority and the elected representative of each city within the boundaries of the public transportation benefit area shall review the composition of the governing body of the benefit area and change the composition of the governing body if the change is deemed appropriate. The review shall be at a meeting of the designated representatives of the component county and cities, and the majority of those present shall constitute a quorum at such meeting. Twenty days notice of the meeting shall be given by the chief administrative officer of the public transportation benefit area authority. After the initial review, a review shall be held every four years. If an area having a population greater than fifteen percent, or areas with a combined population of greater than twenty-five percent of the population of the existing public transportation benefit area as constituted at the last review meeting, annex to the public transportation benefit area, or if an area is added under RCW 36.57A.140(2), the representatives of the component county and cities shall meet within ninety days to review and change the composition of the governing body, if the change is deemed appropriate. This meeting is in addition to the regular four-year review meeting and shall be conducted pursuant to the same notice requirement and quorum provisions of the regular review. [1991 c318§16; 1983c65§4.] NOTES: Intent-1991 c 318: See note following RCW 36.57A.040. http://app.leg.wa.gov/RCW/default.aspx?cite=36.57A.055 414A 17 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-264 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: JL 08107117 09112117 Council Originator: F1' E C V SEP 0 51 Division Head: Dept. Head: Prosecutor: WHATWHATCOM COUNTY Purchasin /Bud et: Z1 COUNCIL Executive: �• TITLE OF OCU41EXf- Appointmentt of an elected official to serve on the Finance and Operations Advisory Board ATTACHMENTS: Letter from Sheriff Bill Elfo 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.) Request from Sheriff Bill Elfo that Council appoint a County elected official to serve along with the County Executive as Whatcom County representatives on the Finance and Operations Advisory Board established by the Jail Facility Finance and Use Agreement 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. 544 IN t. y%g..,. ,t :cppd�� yy''y�'gg.s .'fie +..r � ,2 iLL SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 August 7, 2017 Whatcom County Executive Jack Louws Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 _ Dear Exec utime'Louws: ..✓ OFF`, ,- -=..J // }Li.3U�N(DfE$"RSH(-ERIFF .C2EDG CHIF-FDEPUTY t OUG O ADWICK CHIEF DEPUTY STEVE COOL CHIEMSPECTOR RECEIVEaNDYJONES OF CORRECTIONS AUG 7 - 2017 JACK LOUWS COUNTY EXECUTIVE Thank you for your support of the Jail Use Agreement. As you are aware, the agreement calls for the establishment of a "Finance and Operations Advisory Board" to "discuss matters and make recommendations related to jail finances and the operation of the jail." The agreement requires that the board consist of 7 members to include: • Two representatives of Whatcom County including the County Executive and one other elected official to be determined by the County; • Two representatives of the City of Bellingham including the Mayor and one other elected official to be determined by the City; • Two representatives from the small cities that are party to the agreement; • One member of the Incarceration Prevention and Reduction Task Force to be determined by the Incarceration Prevention Reduction Task Force. It would be appreciated if you would determine and notify me of the "other elected official" that will be representing Whatcom County. I plan on convening a meeting of the Board in early Novernber to discuss issues within the purview of the agreement. Thank you! Sincerel- Bill Elfo, Sheriff Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the ,State through Ezce.11ence in Public Salety. 545 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-265 CLEARANCES Initial Date Date Received in Council O ace Agenda Date Assigned to: SM 8128117 Sept. 12, 2017 Council Originator: .. � Li C� I(- [I V is V) Division Head: 1 Dept. Head: Prosecutor: WHATCOM COUNTY Purchasing/Budget: COUNCIL Executive: TITLE OF D ;,;?U ENT: Appointments to the Marine Resource Committee. ATTACHMENTS: Applications for Appointment; Recommendation memorandum from staff 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.) County Executive Jack Louws requests the confirmation of his appointment of Ryan McLaughlin And Kristin Murray to the Whatcom County Marine Resource Committee. COMMITTEE ACTION. • COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. 546 WHATCOM COUNTY �Gom co PUBLIC WORKS DEPARTMENT Jon Hutchings Director �Sf11 N G-1 0 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: August 17, 2017 There are currently two vacancies on the Marine Resources Committee (MRC). Vacant positions include one Citizen -at -Large interest, and one Conservation/Environmental interest. The Executive's office forwarded two recent applications for the MRC to review. The applicants included Ryan McLaughlin and Kirstin Murray, both of which applied to represent the Conservation/Environmental interest. A recommendation was requested from the Executive's Office for the most appropriate applicants on file for the open positions. It was decided at a previous MRC meeting by the full committee that the Executive Subcommittee would serve as a "Nominations" committee by reviewing applications and submitting recommendations. Public Works staff also participate in these discussions. The MRC Executive Subcommittee reviewed the above mentioned applications in addition to applications kept on MRC files to choose appropriate candidates to recommend for the open positions. The Executive Subcommittee recommends the appointment of Ryan McLaughlin to represent a Conservation/Environmental interest and Kirstin Murray to represent the Citizen -at -Large interest. Their applications reflect appropriate experience respective to those positions. Participation of engaged citizens with commitment to education and outreach, monitoring projects, and policy recommendations are important assets to the committee. Mr. McLaughlin and Ms. Murray both show an interest in contributing to the overall goal of marine conservation through projects driven by sound science, engaging the local community, and building greater stewardship of the local marine environment. If you have any questions regarding this recommendation, please contact Austin Rose at extension 6286. 547 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 Ryan Last Name McLaughlin Date 7/12/2017 Street Address 1721 Electric Avenue City Bellingham Zip 98229 Do you live in & are you Yes registered to vote in Whatcom County? Do you have a different mailing Field not completed. address? Primary Telephone 814-758-4570 Secondary Telephone Field not completed. Email Address mclaughlinr2t�cLmail.com 1. Name of Board or Marine Resource Committee Committee Position applied for: Conservation/Environmental Interest 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 District 2 live in? 4. Are you a US citizen? Yes 5. Are you registered to vote in Yes Whatcom County? 6. Have you declared candidacy (as defined by RCW 42.17A.055) for a paid elected office in any jurisdiction within the county? 7. Have you ever been a member of this Board/Commission? 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? If yes, please explain You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions No No Yes Owner of small business specializing in bioinformatics consulting and contracting services. Partnered with Exact Scientific Services, Inc. RYanMcLaughlinProfile. pdf —see attached 9. Please describe your Small business owner, bioinformatician. I have extensive experience as a field scientist and occupation (or former also as a data scientist. I have worked as a scientific diver for over 7 years, most recently occupation if retired), assisting in one of the largest eel grass restoration efforts to date with the Department of qualifications, professional Natural Resources. I also work a great deal with academic and private research groups, and/or community activities, analyzing DNA/RNA sequence data and have provided complete start -to -finish project and education support for a diverse array of studies. My highest level of education is a Masters in Science from Western Washington University, where I focused on computational analysis pipeline creation and testing for marine microbial community genomics research. I also hold a Bachelors of Science in BioPhysics and Minor in Mathematics from the University of Scranton. 10. Please describe why you're I am currently working with several water districts on a pilot study, investigating methods interested in serving on this for source tracking of contamination in surface waters in Whatcom county. I enjoy applied board or commission science and community outreach. I also believe that successful science must be done together with the publics involvement. My hope is to assist projects in Whatcom county. I also hope to gain better insight into the processes involved in moving a project from an idea on paper to an executed program to a completed community effort. References (please include Nam Sui, DSO & Project Manager Marine Surveys & Assessments Phone: 727.365.5536 daytime telephone number): Email: NamSiu.MSAC,Dclmail.com Dr. Paul Amieux, Research Administrative Director Bastyr University Phone: 425.602.3132 Email: pamieux@bastyr.edu Katherine Haman, DVM, MSc, Former Fish and Wildlife Health Specialist Washington Fish and Wildlife Katherine.hamanidfw.wa.gov Phone: 360.870.2135 Email: bdturtle21 CcDamail. com Signature of applicant: Ryan J McLaughlin Place Signed / Submitted Bellingham, WA 549 Ryan McLaughlin Bioinformatician & Scientific Diver Hi I'm Ryan, I am a bioinformatician who specialises in DNA/RNA sequence analysis and biological data management. I am the owner of Practical Informatics LLC, a small business aimed at providing bioinformatics support for those interested in making the most of DNA/RNA sequence data. I have been working at the intersection of earth science and computer science for over 7 years, along with 7 years of working as a professional field scientist. This combination of experience gives me unique insight into the utility and application of data science to real -world concerns. My professional goal is to build and test methods for the application of genetic and genomic data analyses in environmental monitoring, remediation, and conservation. This includes concerns of human/animal health, human environmental impacts, resource/wildlife management, host/microbiome interactions and much more! Bioinformatician, Owner December 2016 - Present Sequence analysis, pipeline production, open source software, data management, visualization creation, interpretation of results. Contracting and consultation. Bioinformatician at Exact Scientific Services, Inc January 2016 - Present Analyze DNA sequence data, build methods of organism source identification. Scientific Diver January 2010 - Present Eel grass, macro algae, geoduck, invertebrate surveys. Eel grass transplants. Graduate Teaching Assistant at Western Washington University March 2012 - June 2015,13 Years 4 r on hs Teaching Cellular and Molecular Biology Lab. Running experiments with class. Teach students the basic principles of cellular and molecular biology. Helping students outside of class with understanding of course materials. Teaching Assistant at University of Washington September 2012 - December 2012 4 tnont s) Page 1 550 Teaching basic principles of the pelagic estuarine waters surrounding the San Juan Archipelago in Puget Sound Washington. Helping students with the formulation of a research project. Assisting in field collections and sample processing. Teaching and assisting in water chemistry, microscopy, and data analysis for various projects. Help with the writing and presenting of all results from student projects. Database Manager at University of Washington September 2011 - December 2012 (1 year 4 months') Working with a 30 year sub -tidal ecology data -set. The data was mined, validated, and reformatted to be input into a relational database. A user interface was created for use by researchers and students. The goal is to programmatically collect all the data and store it in one data file for later use. The data was housed in many small data files in several physical locations. This job required techniques in: data mining, relational databases, software design, and computer -based problem solving. Marine Technician 2 at University of Washington September 2011 - December 2012 (z yea: 4.mon °As Repairing and updating a weather station. Project included working with real-time data acquisition software and coding to allow communications between sensors and data loggers. Soldering new wired connections and working with wiring diagrams to correctly connect systems. Underwater sensor were surveyed for damage and corrosion, and then cleaned. Archived data was validated using custom built Python programs. All real-time and archived data was made available on a webpage linked to Friday Harbor Lab's website. This job required skills in: circuitry, software design, relational databases, engineering, real-time systems, SCUBA, and web services. Scientific Diver, Deckhand at University of Washington August 2010 - December 2012 Q years 5, months; Assisted in seasonal data collection including: photography, fish surveys, point counts, benthic mobile fauna identification, and organism collections. Responsible for correct identification of: benthic invertebrates, fish, algae, phytoplankton, zooplankton, marine birds, and marine mammals. Deckhand responsibilities include: running shipboard computer systems, performing CTD casts, collecting water samples, performing bottom trawls, plankton tows, acoustics, and sediment collection. During this work I operate small water craft and also assist on a larger vessel. I used SCUBA with scientific equipment and was required to multitask in extreme environments. Research Technician, Computational Biology at The Commonwealth Medical College (TCMQ January 2009 - December 2012 A years, Computer based project to support a'biomedical knowledge base for use in structure versus function computational prediction. Goal was to contribute to structure -based drug design knowledge -base. ley work includes: relational database production and management, cluster/parallel computing, creation of autonomous data ruining and protein modeling programs in Python, computational analysis of protein structural information. Page 2 551 Computer Technician at University of Washington September 2010 - August 2011 (1 year) Worked to organize the Pelagic Ecosystem Function's data set. Created a relational database and support structure to distribute the data to both the scientific and public community. Data mining and validation techniques were used along with custom built Python programs. Ed-ucation Western Washington University Master's of Science, Microbial Ecology, Bioinfortnatics, 2013 - 2016 The Commonwealth Medical College Research Apprenticeship, Computational Biology, 2009 - 2009 University of Washington Research Apprenticeship, Marine Biology and Biological Oceanography, 2009 - 2009 University of Scranton Bachelor's of Science, Biophysics, 2004 - 2009 Hono--rs and Awards Graduate teaching award Page 3 552 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 Kristin Last Name Murray Date 7/23/2017 Street Address 2416 Michigan St City Bellingham Zip 98229 Do you live in & are you registered to vote in Yes Whatcom County? Do you have a different mailing address? Field not completed. Primary Telephone 360-650-0795 Secondary Telephone 360-483-6900 Email Address 1. Name of Board or Committee Position applied for: 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? kristin.fredericksaa gmail. com Marine Resource Committee Conservation/Environmental Interest Yes District 2 Yes Yes 553 6. Have you declared candidacy (as defined No by RCW 42.17A.055) for a paid elected office in any jurisdiction within the county? 7. Have you ever been a member of this Board/Commission? 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? 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): Signature of applicant: Place Signed / Submitted m M Field not completed. I am currently a Wetland Scientist and Fisheries Biologist working for a environmental firm, Hamer Environmental, in Mt Vernon, WA. Previous to this job I worked for the Washington St. Department of Transportation as a Biologist and Permit specialist for nearly 16 years primarily in Whatcom, Skagit, and Island Counties. I have worked in the natural resource field for over 20 years and I have lived in Bellingham since 2004. My education includes a Master's of Science in Biology with an emphasis in botany and fisheries. Recent volunteer activities include Oregon spotted frog surveys for the Whatcom County Amphibian Monitoring program. I am interested in the conservation of marine resources and believe my varied background, experiences, and knowledge would contribute to the overall goal of preserving resources through education and outreach to the community. • Tony Bush, WSDOT Wetland Program Manager, 360-570-6640; tony.bush@wsdot.wa.gov. • Michael MacDonald, WSDOT/National Marine Fisheries Service (NMFS), 206-440-4909; MacDonM@wsdot.wa.go . Colleen Kroe, King County Environmental Scientist III, 206-909-7083; colleen. kroep_kingcounty.gov. Kristin Murray Bellingham, WA 554 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-266 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 8128117 �� I i " " E L- V �%� 17 1 HATCOM COUNTY COUNCIL Sept. 12, 2017 Council Division Head: Dept. Head: Prosecutor: Purchasing/Budget: A Executive: 0 TITLE OF D NT.• Appointment to the Whatcom County Parks & Recreation Commission ATTACHMENTS: Application for appointment from Chad Perrin 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.) County Executive Jack Louws requests confirmation of his appointment of Chad Perrin to fill the District 4 position on the Parks and Recreation Commission. 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.wmus/council. 555 �GOM CO 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? Chad Perrin 8/1/2017 2109 shortcake lane Lynden 98264 Yes Field not completed. 3604838887 Field not completed. chadaperrin@qmail.com Parks and Recreation Commission Yes District 4 Yes Yes 556 6. Have you declared candidacy (as No defined by RCW 42.17A.055) for a paid elected office in any jurisdiction within the county? 7. Have you ever been a member of this No Board/Commission? 8. 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 Chad Perrin CV.pdf—see attached. summary of experience, qualifications, & interest in response to the following questions 9. Please describe your occupation (or Brand Director - I have spent most my life in sales and marketing roles for former occupation if retired), leading outdoor sports companies. My qualifications come in many forms of qualifications, professional and/or management from brand management, personnel management and fiscal community activities, and education management 10. Please describe why you're I want to continually develop Whatcom County's Parks programs, my goal is for interested in serving on this board or kids to not be so digitally connected and parks and parks programs are the way commission to seed both kids and adults to go outside, play and explore. We have some of the most impressive parks, trail systems and access in the country and I would like to be part of that continuing legacy References (please include daytime Steven J Mura - 360 224 7890 Byron Seegers - 360 223 5306 Maxx vonMarbod telephone number): - 360 739 1601 Signature of applicant: Chad Perrin Place Signed / Submitted Bellingham, WA 557 Chad Perrin 2109 SHORTCAKE LANE LYNDEN WA 98264 - (360)483 - 8887 Email: chadaperrin@gmail.com OBJECTIVE: With over 20 years of professional experience, I am a lively and articulate sales and marketing professional with particular strengths in implementing tailored programs in sales and promotions, developing effective programs and identifying leads and opportunities. I am highly self -motivated, organized, sociable, and excellent at building relationships across departments and external organizations. I have also proven creative strengths and the ability to see projects through from start to end. My passion is marketing and high -volume sales and my aim is find a role where I can further my sales and marketing skill sets, through building brands. PROFESSIONAL EXPERIENCE Global Brand Director • Plan all business unit products, sales and marketing initiatives • Management of all company personnel • Execute brand business plans including merchandising mix, margin expectations and sales goals • Key relationship management of large clients • Key Management of all athletic and celebrity talent • Develop, execute and manage all OEM program clients • Management of all distributor relationships • Management of all creative projects under the brand Global Brand Director Jones Snowboards - January 2012 - October 2014 • Lead cross -functional teams in sales, marketing and product development across two continents • Creation and execution of brand plan that included sales, marketing and product development cycles • Efficiently and intelligently grew the brand globally through highly targeted global plans • Development of one of the most successful retail partnership/loyalty programs named JONES EPICenters • Created one of the most solid distribution models in the industry which led to some of the highest sell through and highest margins in the industry for three years in a row (as reported by SIA) • Developed long lasting partnerships with relevant brands and media that resulted in more unique exposures to the brand • Responsible for hiring the most qualified staff in the industry North American Director of Sales Nidecker USA, YES Now Board, Jones Snowboards - September 2009 - January 2012 558 ■ Day to day management of all sales and marketing operations for the US market for Swiss based company. ■ Lead the brands to double and triple digit growth in key markets ■ Management of all key accounts including REI, Backcountry.com, TSA, Zumiez ■ Responsible for hiring and management of all independent sales reps ■ Creation, implementation and execution of US sales and marketing plans ■ Administered regional forecasting tools ■ Leveraging of each brand to: create a solid product/category mix at retail with key accounts ■ Advisement on all global sales and marketing initiatives to ensure consistent brand positioning General Manager Monument Snowboards -September 2007 - August 2009 • Small boutique - premium snowboard brand built around some of the art community's most critical artists • Responsible for creation of business plan, sales and marketing plan and operations plan • Manage day to day operations • Responsible for recruiting an hiring of territory sales reps and global distributors • Responsible for overall brand management and execution • Management of all outside vendors • Management of all marketing activities • Management of all company budgets, forecasting and cashflow • Identified unique niche in boutique potential which lead to sales in well known, high end boutiques such as ALIFE, Colette (Paris) and Montana Shop • Built a non cost PR campaign to put the brand in front of the masses Sales Manager, Marketing Manager and Sr. Account Executive Utility Inc/Dept Of Energy - April 2007 - March 2008 • Identifying, qualifying and procuring new business opportunities in multiple markets and categories in the retail design, permanent POP and tradeshow industry • Pitching business to new - prospective clients • Attendance of all business related trade shows • Conceptualized ways of evolving Utility/DOE into a premium brand, building equity for the entire company to result in improved exposure and increased revenues • Determining and executing proper positioning strategies for Utility/DOE • Management and retention of current key clients • Daily management of new projects • Creation and daily management of sales forecast and sales and marketing budgets • Creation, implementation and execution of sales and marketing plans Sales and Marketing Manager Rightline Industries, March 2006 - April 2007 • Strategic development of new sales and marketing models to ensure company's success in the retail design/build industry • Charged with identifying new sales leads and opportunities • Managed all client projects for beginning to end, regional and national • Development, implementation and execution of national sales and marketing plans 2 559 • Developed forecasts and managed sales and marketing budgets Developed all collateral materials, press releases, catalogs and website • Managed all aspects of advertising • Managed all aspects of exhibiting at major tradeshows • Attended all major tradeshows • Developed, hired, and managed a national sales team • Developed 13213 relationships for manufacturing and fabrication portion of business • Fostered relationships with outside vendor networks • Researched, qualified, and procured overseas manufacturing vendor sources • Creating custom tailored sales and marketing initiatives for each market served. • Aided company in setting and executing strategic initiatives to improve and to streamline internal processes. • Developed sales/buying incentive programs for key accounts National Sales Manager Flow Snowboards/The Pryde Group, September 2005 - April 2006 • Management of all accounts - large box sporting goods retailers (REI, EMS, TSA, Sport Chalet, Zumiez etc etc) to small independent retailers, large volume business to low volume business • Management of national, independent sales force - ensured forecast and individual territory target volumes were met. Charged with hiring national sales force • In charge of developing, implementing and executing national sales strategic plan • Development of all sales/incentive programs for sales reps and all key accounts • Developed incentive programs for large "big box" accounts that represented significant volume to overall business • Worked with marketing department on all marketing initiatives to ensure that said initiatives work in harmony with all sales programs • Key involvement in product line development • Key involvement in product merchandising • Created tangible "package" programs for retailer buy in • Day to day management of customer service department Global Marketing Manager Option Snowboards - NFA Outerwear Inc. October 1996 - August 2005 • Development, implementation and execution of all marketing activities and initiatives on a global scale • Management of marketing budget and PNL responsibility • Negotiated and purchased all media advertising • Full Project Management of website development • Management of all direct mail initiatives - web and print • Full Project Management of product catalog development and production • Managed all aspects of tradeshow properties in North America and Europe • Management of all point -of -sale, POP, and fixture programs • Management and facilitation of Co-op advertising program • Worked with sales department to develop and execute sales incentive promotions with key accounts to invigorate retail sell through • Management and execution of all on snow demo and promotional tour events • Assisted in supporting sales both internally and externally • Creatively wrote and distributed all company press releases to endemic and non -endemic media • Set forth and garnered product placement opportunities in major Hollywood productions as well as major global mainstream media publications 560 • Key hand in product line development with regard to Snowboards, Bindings, Men's and Women's outwerwear • Hardgood and softgood product merchandising (Snowboards and Outerwear) • Scouted, recruited, contracted and managed all professional athletes under the Option and NFA brands for Snowboarding, Skateboarding, Surfing, Free Skiing and Wakeboarding disciplines. • Worked with endemic media to highlight athletes and include athletes in editorial trips and content • Worked with Athlete's secondary sponsors t ensure athletes were being promoted properly as well as administered co-op advertising and event opportunities • Developed relationships between athletes and major event organizers such as World Cup, FIS, ESPN X Games (Winter and Summer), Gravity Games, and US Open of Snowboarding and Free Skiing • Produced two ESPN X-Games gold medal winning athletes in Snowboarding and Skateboarding • Development of regional amateur athlete and advocacy programs • Developled and Managed various competitive events and global and regional promotion tours • Negotiated and managed various sponsorship opportunities (Camps, World Cup Events, Winter X-Games etc etc) Territory Sales Rep Mid Atlantic and New England - Option Snowboards, 686 Clothing, XXX Wax, October 1994 - April 1997 Buyer/Sales - Out of Bounds Snowboard Shop - Killington Vermont, September 1996 - April 1997 Sales/Service manager - Erie Sports Store - Ski and Snowboard Departments, October 1990 - October 1994 Other Attributes: Proficient knowledge of: o Microsoft Excel o Microsoft Word o Microsoft Outlook o Power Point o Sketch - Up Interests: Skateboarding, Surfing, Running, Mountain Biking, Music, Cooking, Hiking, Camping Fatherhood, Snowboarding, Skiing, Spirituality, the Pursuit of Happiness, Friends and Family Excellent references available upon request 0 561 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-275 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: JL 09105117 09112117 Council Originator: VE Division Head: SEP 05 2017 Dept. Head: Prosecutor: WHATCOM COUNTY COUNCIL Purchasing/Budget: A , A�Xis7 Executive: TITLE OF DOCUftENF- Lodging Tax Advisory Committee Member appointment ATTACHMENTS. Lodging Tax Advisory Committee member application 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.) County Executive Jack Louws requests confirmation of Ms. MegAnne Offredi's appointment to the Whatcom County Lodging Tax Advisory Committee. Ms. Offredi will fill the vacancy on the Committee in the position of Lodging Tax collector. COMMITTEE ACTION. • COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.wliatcom.wa.us/council. 562 JACK LOUWS KGOM COUNCILMEMBERS: ea County Executive Barbara E. Brenner A Rud Browne Barry Buchanan Todd Donovan 0 Ken Mann Satpal Sidhu Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONJ, Name: JAe-ekf1r^(V- IrIPA, Date: q Street Address sL17 City:* U V Zip Code: Mailing Address (if different from street address): Day Telephone:' (9 V4 Evening Telephone:'3'4(-,ob Cell Phone:', E-mail address: 1. Name of board or committee -please see reverse: LeXX kAV ley U 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.) (>d yes ) no 4. Which Council district do you live in? One Two CS4) Three ) Four Five 5. Are you a US citizen? (xj Yes no 6. Are you registered to vote in Whatcom County? Oyes no 7. Have you ever been a member of this Board/Commission?'.._ __..... __.._ ( ) yes 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: 9. Have you declared candidacy (as defined by RCW 42.17A.055, see instructions) for a paid elected office in any jurisdiction within the county? - - - - -- ( ) yes (X) no 10. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education. 11. Please describe why you're interested in serving on this board or commission References (please include daytime telephone number): A(,QAc f Signature of applica MegAnne Offredi 5478 Mt Baker Hwy Deming, WA 360-393-3466 Job Targets & Objectives To obtain a position within the Hospitality and F&B Industries in Whatcom County Continue to develop new skills sets for the position in return benefitting tourism throughout the area To succeed in reaching set goals and implement programs and tasks assigned successfully Southern Illinois University Carbondale, IL May 2005 B.S. Food and Nutrition, Specialization in Hospitality and Tourism American Hotel & Lodging Education Institute - Convention Management and Service Certificate Class 12 Mixologist, TIPS & WA State Food and Beverage Worker's Permit Capabilities and Achievements: • 15 plus years in Hospitality, 6 years in direct sales and marketing • Surpassed sales goals by more than 10% and revenue YTD overall by 30% in most previous hotel position • Experience in creating yearly million dollar plus budgets, along with executive summaries and detailed marketing plans • Created and implemented banquet event orders and standard operating procedures to insure well run events, meetings, conferences and weddings • Firm understanding of cost control in both food and labor • Experience in creating and launching marketing programs from start to finish, including social media and print • Managed and lead teams of employees, tracked payroll and handle scheduling • Comfortable with cold calling, new business development and outside sales • Driven by providing service that goes beyond expectations, achievement of set goals and overall success • Previous memberships with the local Chamber, WYPS and other various network groups • Received excellent employee reviews in multiple positions in the the industry; consistently promoted to management levels and positions with additional responsibilities • Know for creating great repport with coworkers and team members • Reprogrammed in house programs and proficient in Outlook, Excel, Word, Caterease and Micros Work History: August 2014 - current / Account Excutive, Management Recruiters of Lynden March 2012 - August 2014 / Marketing Manager, Nooksack River Casino March 2010 - March 2012 ! Lakeway Inn, Sales & Catering Small Meetings and Marketing Manager August 2007 -March 2010 / Lakeway Inn, Poppe's Bistro, Lead Bartender & Night MOD September 2001 - September 2007 - Sidetracks, Bar Manager Jan 2001 - June 2001 Walt Disney World College Program Internship *References upon request _.,..._....._w .. _............„ _......._.,,,.. WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2017 - 252 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 8/31/2017 9/12/2017 Introduction Division Head: Dept. Head: Prosecutor: Purchasin /Bud et Executive: TITLE OF DOCUMENT. Appointment to Lummi Island Ferrry Advisory Committee ATTACHMENTS: Application 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.) Applicant for the Resident or property owner on Lummi Island is Beth Walukas Louis, The Committee provides review and recommendations to the County Council and Executive on issues that Affect the ongoing operations and infrastructure of ferry service to Lummi Island. Review includes: proposed changes to ferry operations and fares; an annual review of the ferry fund; demands of and improvements to ferry services; and ferry replacement options. Meets monthly. 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.uslcouncil. 565 NaDean Hanson From: noreply@civicplus.com Sent: Monday, August 28, 2017 12:22 PM To: Ben Glassett; Jill Nixon; Suzanne Mildner; Kristi Felbinger; Dana Brown -Davis; Executive; NaDean Hanson Subject: Online Form Submittal: Board and Commission Application 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 Beth Last Name Walukas Louis Date 8/28/2017 Street Address 2558 Island View Lane City Lummi Island Zip 98262 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 3607582158 Secondary Telephone 5104094624 Email Address Step 2 bwlouis60(a)gmail.com 566 1 1. Name of Board or Lummi Island Ferry Advisory Committee Committee Lummi Island Ferry Lummi Island resident and/or property owner Committee (Part 2) Lummi Island Ferry Yes Advisory 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 5 do you live in? 4. Are you a US citizen? Yes 5. Are you registered to Yes vote in Whatcom County? 6. Have you declared No candidacy (as defined by RCW 42.17A.055) for a paid elected office in any jurisdiction within the county? 7. Have you ever been a No member of this Board/Commission? 8. 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 Beth Walukas Louis I_IFAC applicationgualifications.pdf or detailed summary of experience, qualifications, & interest in response to the following questions 9. Please describe your See attached summary of qualifications. I have worked as_a 2 567 occupation (or former transportation planner and engineer for over 30 years. occupation if retired), qualifications, professional and/or community activities, and education iu. nease describe wny Whatcom County and Lummi Island are my and my husband's you're interested in home. The ferry is the lifeline connection between the Island serving on this board or and mainland and, while operating well now, will need to be commission replaced in the coming decade. Planning and delivering large public infrastructure projects like the ferry takes many years to plan,. design, and fund as well as to build consensus in the County. County Council and staff in coordination with LIFAC has made substantive progress in this regard. In addition to wanting to serve my community in the best possible way, I believe my transportation planning and engineering and community skills will be useful to the process as we move forward. Your consideration of my application is appreciated. References (please Stu Clark, 425/231-3413 and Mary Ross 425/941-0087 include daytime telephone number): Signature of applicant: Beth Walukas Louis Place Signed / Submitted Lummi Island, WA Email not displaying correctly? View it in your browser. 3 568 WffATCnH MFINTY C-n[INCIL AGENDA BILL NO. 2017-267 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: F I E E D 09112117 Introduction Finance Division Head: - Committee: SEP 05 2017 Council DepL Head: WHATCOM COUNTY Prosecutor: COUNCIL Purchasing/Budget: T Executive: !t) TITLE OF 0 0 17 ENT: Ordinance amending the 2017 Whatcom County Unified Fee Schedule —Appendix C. A TTA CHMENTS. Proposed Amended Unified Fee Schedule Ordinance; Appendix C-1 Whatcom County Public Works Unified Fee Schedule Addenda SEPA review required? ) Yes (X ) 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 RCWor WCCas appropriate. Be clear in explaining the intent of the action.) This proposed ordinance amends the 2017 Unified Fee Schedule to replace Appendix C with Appendix C-1 COMMITTEE ACTION. • COUNCIL A CTION.- Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing as on the Couno!'s website at: www.co.whatcom.wauslcouncil. 4&0 PROPOSED BY: County Executive DATE: September 12, 2017 ORDINANCE NO. AMENDMENT NO. 1 TO ORDINANCE NO.2016-049 ADOPTING THE 2017 WHATCOM COUNTY UNIFIED FEE SCHEDULE WHEREAS, the County Council approved the 2017 Unified Fee Schedule on November 22, 2016, and WHEREAS, the narratives in Appendix C Whatcom County Public Works Unified Fee Schedule Addenda need to be modified to better reflect services to be included in several of the fees charged, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom County Unified Fee Schedule is hereby amended by removing existing Appendix C and replacing it with the attached Appendix C-1, all other provisions of Ordinance No. 2016-049 to remain in effect. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor 12017 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair () Approved () Denied Jack Louws, Executive Date: 570 U 2 N "C3 0 75 0 C— V Q) Q) U- ZD LU W 0 Z o c oL c L E O' (A O v O �C r ( o Q) V) u OL n —Q)� Q L V n c6 n� - o Q n n 'o n Ixn Q L v n (O W v o a; 0 a N C ru > 0 v v J a V v fu ra v c > N Qj N N Cr, E E N> E N CO o c v O p`^ N o u v O O � �ao00) a N �Q o.S �3rcoCo 00) o .> ,c c @ j c o �.c a c c v � �� E L c E E O l~ ti E O E E r c \ L In Q% O.. 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Head: W H ATC t COUNTY ot�3l i 1 Prosecutor COUNCIL Purchasing/Budge Executive: Z�Z- q 1 TITLE OF DOCUAYLT4. 2017 Supplemental Budget Request #11 ATTACHMENTS: Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #11 requests funding from the General Fund. 1. To appropriate $13,950 in Juvenile Administration to fund Parent 4 Parent program from grant proceeds. 2. To appropriate $14,433 in Planning and Development Services to fund additional Permit Center planning technician FTE. From the Real Estate Excise Tax Fund I. 3. To appropriate $5,645 to.fund Ferndale Senior Center roof project retainage. COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: o/13 PROPOSED BY: Executive INTRODUCTION DATE: 9/12/17 ORDINANCE NO. AMENDMENT NO. 11 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 General Fund Juvenile Administration 13,950 (13,950) Planning and Development Services 14,433 - 14,433 Total General Fund 28,383 ('13,950)1 14,433 Real Estate Excise Tax Fund 1 5,645 5,645 Total Supplemental 34,028 1 (1.3,950)1 20.078 In addition, Exhibit C Authorized Positions in the 2017-2018 Budget Ordinance should be amended to provide for the following FTE change: • Add 1 FTE Planning Technician in Planning and Development Services. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: D4, Ua,� _ X - 4, �� Civil Deputy Prosecutor 12017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2017_Suppl\Supplementa1 #11-2017.docx 574 WHATCOM COUNTY Summary of the 2017 Supplemental Budget Ordinance No. 11 Department/Fund Description Increased (Decreased) Expenditure (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease General Fund Juvenile Administration To fund Parent 4 Parent program from grant proceeds. 13,950 (13,950) - Planning and Development Services To fund additional Permit Center planning technician FTE. 14,433 - 14,433 Total General Fund 28,383 (13,950) 14,433 Real Estate Excise Tax Fund I To fund Ferndale Senior Center roof project retainage payment. 5,645 5,645 Total Supplemental 34,028 1 (13,950) 20,078 575 Supplemental Budget Request status: Pending Juvenile Administration - f>upp7„ , ft 341 Fund 1 Cost Center 1967 Originator. David Reynolds -- -_ - - Expenditure Type: 9fteeimr Year 1 2017 Add'I FTE ': ! Add'I Space Priority 1 Name of Request: Parent 4 Parent Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description ( Amount Requested 4334.0694 Office of Public Defense Grant ($13,950) 6120 Extra Help $12,090 6230 Social Security $925 6259 Worker's Comp-Interfund $94 6269 Unemployment-Interfund $16 6320 Office & Op Supplies $825 Request Total $0 la. Description of request: We have received an increase in reimbursement for our Parent 4 Parent program. The purpose behind the increase is to allow for expansion of the program, and the hiring of additional help. 1b. Primary customers: Parents who have children involved in the dependency process. 2. Problem to be solved: We have been experiencing an increase in dependency filings. This program provides structure, education and support for parents of dependent youth. The goal is to educate them on the dependency process by other parents who have successfully had their children returned to them. 3a. Options / Advantages: Increasing and expanding program capacity are the best options because it provides for more education and more services to parents. 3b. Cost savings: Savings are achieved by parents successfully being reunited with their children, dependency closed and youth no longer in foster care. 4a. Outcomes: 1. Hire a parent ally to assist the coordinator 2. Implement Dependency 201 program 4b. Measures: Upon hiring the parent ally and start dependency 201 program. 5a. Other Departments/Agencies: It will impact the Attorney General's Office as well as Department of Children and Family Services (DSHS). 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Funding is through the Office of Public Defense. Tuesday, August 29, 2017 Rpr: Rpt Suppl Regular 576 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum TO: Honorable Whatcom County Council Members Honorable Jack Louws, Whatcom County Executive FROM: J.E. Sam Ryan, Director _ Mark Personius, Assistant Directorop DATE: August 16, 2017 J.E. "Sam" Ryan D i recto r SUBJECT: 2017 Supplemental Budget Request-2338 - Fulltime FTE Planning Permit Center Introduction Since the staff cuts in 2008-2010, our Building Services staff has remained more or less static. However, our permit numbers and revenue have bounced back and continued to grow. Planning and Development Services (PDS) has seen a significant increase in both Residential and Natural Resource Assessment permits/applications. The steady increase in permit applications has been challenging for staff to keep pace and keep the turnaround times for critical area and permit review as timely as possible. In 2011 the total applications for Single Family Residences (SFR) were 297. PDS ended the year in 2016 with 503 SFR applications. PDS Permit Revenue and Critical Area Review revenue are both exceeding budget expectations through the end of June 2017. AS Finance has projected PDS permit revenue to exceed budget by over $200,000 by the end of 2017. With the increase in applications PDS is requesting one (1) addition FTE to hire a Planning Technician for our Permit Center. Background and Purpose Planning and Development has tried many configurations for processing and reviewing applications but the volume of work requires an increase in staff to help facilitate active changes. Citizens are frustrated by the timeframes to obtain a Natural Resource approval and the follow up wait time to submit a building permit application. The additional position would assist in improving our processing and wait times. The new Planning Technician would allow other Permit Center Staff more time to work on projects and permit/plan review. The Planning Technician would assist customers, perform cashiering, intake permits and generally assist with the timely processing of permits and applications. The new Permit Center Technician would be trained to evaluate and answer general Natural Resources questions and process incoming NR Assessment applications. This additional staff person will free up other Natural Resource staff so they are not required to have as many assigned "counter days" in the permit center. The new position would provide time for other permit center staff to assist Current Planning and Natural Resource staff with their project and permit review to help improve their timelines. The position would also free up the Permit Center Plans Examiner to concentrate on Plan review rather than general permit center tasks. The extra person would enable staff to open up more appointment times for permit intake. 577 Planning Technician-1 FTE for Building Service Permit Center 2017 - Supplemental Request #2338 - Salary & Benefits $12,933.00 - Computer Work Station & Office Chair $1,500.00 TOTAL $14,433.00 Request Summary We are requesting one (1) FTE for our Building Services Division Permit Center to help reduce our permit and project timelines. Please contact J.E. Sam Ryan (360)778-5905 or Mark Personius (360)778-5950 with any questions or concerns. 578 Supplemental Budget Request Status: Pending Planning & Development Services Building Services Supp'11D # 2338 Fund 1 Cost Center 830 Originator. J.E. Sam Ryan & Mark Pers Expenditure Type: Ongoing Year 1 2017 Add'I FTE V Add'I Space I Priority 1 Name of Request. PDS Permit Center Planning Technician Department Head Signat a (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6110 Regular Salaries & Wages $g 296 6210 Retirement $1,054 6230 Social Security $635 6245 Medical Insurance $2,521 6255 Other H&W Benefits $286 6259 Worker's Comp-Interfund $130 6269 Unemployment-Interfund $11 6510 Tools & Equip $1,500 Request Total $14,433 s la. Description of request: Increase of 1 FTE (Planning Technician) for Planning and Development Services Permit Center and purchase of computer work station. 1b. Primary customers: Whatcom County Citizens, other agencies and county departments required to obtain permits for building and development activities. 2. Problem to be solved. Since the staff cuts in 2008-2010, our Building Services staff has remained more or less static. However, our permit numbers and revenue have bounced back and continued to grow. Planning and Development Services (PDS) has seen a significant increase in both Residential and Natural Resource Assessment permits/applications. The steady increase in permit applications has been challenging for staff to keep pace and keep the turnaround times for critical area and permit review as timely as possible. In 2011 the total applications for Single Family Residences (SFR) were 297. PDS ended the year in 2016 with 503 SFR applications. Planning and Development has tried many configurations for processing and reviewing applications but the volume of work requires an increase in staff to help facilitate active changes. Citizens are frustrated by the timeframes to obtain a Natural Resource approval and the follow up wait time to submit a building permit application. The additional position would assist in improving our processing and wait times. The new Planning Technician would allow other Permit Center Staff more time to work on projects and permit/plan review. The Planning Technician would assist customers, perform cashiering, intake permits and generally assist with the timely processing of permits and applications. The new Permit Center Technician would be trained to evaluate and answer general Natural Resources questions and process incoming NR Assessment applications. This additional staff person will free up other Natural Resource staff so they are not required to have as many assigned "counter days" in the permit center. The new position would provide time for other permit center staff to assist Current Planning and Natural Resource staff with their project and permit review to help improve their timelines. The position would also free up the Permit Center Plans Examiner to concentrate on Plan review rather than general permit center tasks. Thursday, August 17, 2017 Rpt. Rpt Suppl Regular 579 Supplemental Budget Request Status: Pending Planning & Development Services Building Services Supp7Ire # 2338 Fund 9 Cost Center 830 Originator. J.E. Sam Ryan & Mark Pers The extra person would enable staff to open up more appointment times for permit intake. 3a. Options / Advantages: PDS has tried a variety of structure changes and shifting of workload but the volume of work will be greatly assisted by additional staff in the permit center 3b. Cost savings: There are not specific cost savings. However PDS permit revenue is over budget expectations through the end of June 2017 and AS Finance projects the revenue to exceed budget by over $200,000. 4a. Outcomes: Permit Center customers will have the wait times to submit their building permit improve and other departments will benefit by having to spend less time at the counter answering questions. The turnaround times for Natural Resource permits should also improve since less Natural Resource Planner time will be required at the counter. The two other current planners will be able to have release time from the permit center to focus on Natural Resource and Current Planning projects to help distribute the work load and improve time lines. The permit plan review turnaround should also improve since the counter Plans Examiner will not have to focus on general permit center tasks. The timelines should improve once the Planning Technician has adequate training. 4b. Measures: Building Permit and project timelines from application to approval/issuance will be reduced and Natural Resource timelines will improve. 5a. Other Departments/Agencies: This will benefit other county departments and other federal and state agencies that are required to obtain building and land use permits. 5b. Name the person in charge of implementation and what they are responsible for. N/A 6. Funding Source: General Fund Thursday, August 17, 2017 Rpt: Rpt Suppl Regular ME WHATCOM COUNTY Parks & Recreation 3373 Mount Baker Highway Bellingham, WA 98226-9097 �pOM CO 0 rP ,tia lygsMIN6�O.�s MEMORANDUM TO: Executive Louws FROM: Michael McFarlane, Director DATE: July 31 st, 2017 Michael G. McFarlane, Director Christ Thomsen, Operations Manager AUG 1 - 2017 JACK LOUWS COUNTY EXECUTIVE RE: Budget Supplemental — Ferndale Senior Activity Center Roof Project Enclosed is a budget supplemental request for the Ferndale Senior Activity Roof Project which was completed in late 2016. While the project was completed on schedule and within budget, the retainage was held until the contractor completed all their paperwork. Unfortunately the funds for the retainage were not carried forward into 2017 and the department is, now requesting a budget supplemental for the retainage amount so the project can be closed out. Please contact me at 5855 if you have any questions or require additional information. 581 Supplemental Budget Request Status: Pending Parks & Recreation rr a zs.s Fund 326 Cost Center 10000023 Originator. Darla Smith Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space I1 Priority 1 Name of Request: Ferndale Senior Activity Center -Roof Replacement DepArtment°Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 7380 Other Improvements $5,645 Request Total $5,645 la. Description of request: The Ferndale Senor Center Roof Replacement project was completed in 2016. A portion of those funds were held by the County for retainage for Hytech Roofing. The close out process extended into 2017, the funds for retainage were not carried forward. The approval of this supplemental budget request will provide funds to release the retainage. Contract #201609007 PO #84292 REET #32606160001.7380 1b. Primary customers: 2. Problem to be solved: The Ferndale Senor Center Roof Replacement project was completed in 2016. A portion of those funds were held by the County for retainage for Hytech Roofing. The close out process extended into 2017, the funds for retainage were not carried forward. The approval of this supplemental budget request will provide funds to release the retainage. 3a. Options /Advantages: We have considered paying the retainage out of general operating park funds, however it would be difficult to do so as the department has encountered other unanticipated expenses with the winter weather conditions and other general repairs that needed to be made. This is the best option that would the department to utilize current funds for routine park operations. 3b. Cost savings: None 4a. Outcomes: The retainage will be released to Hytech Roofing. 4b. Measures: The project will be closed. 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: 326 Friday, July 28, 2017 Rpt: Rpt Suppl Regular 582 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-269 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy Rydel RR VtC 8171W17 E l V E D 9112117 Introduction Division Head: 912612017 Finance/ Council Dept. Head: 11% Jon Hutchings /tj Prosecutor: Daniel Gibson dlg A& 08110117 WHATCOM C U @fir Purchasing/Budget: Brad Bennet bb 8110117COUNCIL Executive: Jack Louws TITLE OF DO ENT: Ordinance Ordering the closure of the South Pass Road/Saar Creek Bridge No. 212 Fund 370 ATTACHMENTS. Proposed ordinance and memo. SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes (x) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance orders the closure of the South Pass Road/Saar Creek Bridge No. 212 Fund 370. 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 583 WHATCOM COUNTY GOM co PUBLIC WORKS DEPARTMENT,�3 °tip )on Hutchings DIRECTOR lygs41 r4� TO: The Honorable Jack Louws, Whatcom County Executive and Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Director] 16 FROM: Randy Rydel, Financial Services Manager e-K- DATE: August 10, 2017 Administration Civic Center 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6217 www.whatcomcounty.us ]Hutch ings@co. whatcom. wa. us RE: Ordinance to close the South Pass Road/Saar Creek Bridfze No. 212 Fund 370 Please find attached for your review and approval an ordinance to close the South Pass Road/Saar Creek Bridge No. 212 Fund 370 and to transfer the remaining cash balance of approximately $443,540 back into the Road Fund 108. The Project is complete and the project fund is no longer needed. Please contact Randy Rydel at extension 6217 if you have any questions or concerns regarding this project fund closure. 61.0V 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 PROPOSED BY: Public Works INTRODUCTION DATE: ORDINANCE NO. CLOSING SOUTH PASS ROAD/SAAR CREEK BRIDGE NO. 212 PROJECT FUND 370 WHEREAS, on November 24, 2015, Ordinance 2015-049 created the South Pass Road/Saar Creek Bridge No. 212 Fund and funded the project; and, WHEREAS, the project has now been completed; and, WHEREAS, the project fund is no longer needed; and, WHEREAS, the Road Fund contributed $1,310,000 towards the project; and, WHEREAS, the current cash balance in the fund is approximately $443,540; and, WHEREAS, remaining cash in the fund should be returned to the Road Fund, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the South Pass Road/Saar Creek Bridge No. 212 Project Fund be dissolved and its remaining cash balance returned to the Road Fund. ADOPTED this day of P_ EAW. i Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: 2�' cz— ht�� Daniel L. Gibson Civil Deputy Prosecutor , 2017._ Page 1 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws County Executive ( ) Approved Date Signed: ( ) Denied 585 PROJECT BUDGET NAME: S Pass Rd/Saar Crk Bridge No. 212 Replacement Fund 370 Reporting Quarter/Year: 2017 Q2 DEPARTMENT: Public Works Project Description This project consists of replacing the existing 31-foot structurally deficient bridge with a 52-foot span reinforced concrete bridge. Permits Required HPA, SEPA, SEC 404, County Shorelines Project Status Construction work at the site completed in November 2016. Final project closeout complete. Estimated Completion Date (mo./yr.) and % Weight of Each Phase; Total % Complete Overall Project __ 1J15 7/15 12/15 11 /16 __6/17 Month Year Month Year Month Year Month Year Month Year ,;. ru C'" �-/x`.-* ? Xr � w 7wfr` ,.r. � � h, �ti,a'� .. I�S'$/Tc �� f��:� z�•��c`. �s�i�'F�z��;;s'� r`�w �� '� fix' �5� �:��.��" "`*'c; _ "� 1`y.,,�,2"5��3� �:�.. ' �" � � �n �' � c ,,; .,;, � rj€. � T��?� X� ,r� .w, rcaYS��s�� v"L.�- - �✓- i� a .'a�5 aye �irz�rFac .��„' 3y "--;ate � #� 3Y w' 3``."r F' r , Y a s'.'"pv.., Y� i � ti .,a�J � - ✓'v .. -� ys`y�.35?i64%�r*�iG��?s'.ar� n .. � �" lFj'*c,�' ��,r�, r,. a p xi' C��!]��'�i�d'3f-?F � �r`5�� ., Sr. /Z �l' ,''1 .': �� i..�7 �,S��.l f�e'9C'�v �'y. f'x` �5 � �'+�',e�✓�� : �� ` ��d��X3J��w�Sl %�''�'e�4'��5i{a. :�,. .:n7 ,�,� t t. /r=;w`x �:✓� .r"'`-i - "� :: �" r ,'�ry,� �� .: � , � �,��.;��',� ,,A„�.s 4 .. .:�..,r �� v �"r'�r.,:?''��'' ?s, �� , .,s'�,.r � l �:.�. ,.,v-�,"�z-wc�.e _ Total 100 % Complete Overall Project Funding Sources Source Original Funding Amendments Current Funding Federal $ 0 State $ 0 Local $ 1,310,000 $ 1,310,000 Total $ 1,310,000 $ 0 $ 1,310,000 Project Budget Status Description Original Budget Amendments Current Budget Life to Date 6/30/2017 % Remaining Balance Revenue $ 1,310,000 $ 1,310,000 $ 1,310,225 100.0% -$ 225 Expenditure $ 1,310,000 $ 1,310,000 $ 859,981 65.6% $ 450,019 *Estimated percent complete represents the approximate proportion of time toward project completion beginning with creation of project budget. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-270 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy Ryde! RR 8171# 17 e-- 9112117 Introduction Division Head: (, � � ��% ��("�� K �C ' � lv/ �, l 9/26/2017 Finance/ Council Dept. Head: Jon Hutchings !K1 17 17 Prosecutor: Dan Gibson d1g&f 08110117 � T COUNTY Purchasing/Budget: Brad Bennet bb 8110117 ar € (,,, I Executive: Jack Louws A)m 67 TITLE OF DO : Ordinance Ordering the closure of the Slater Rd Intersections, Imhoff and Ferndale Roads Fund 349 ATTACHMENTS. Proposed ordinance and memo. SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes (x) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance orders the closure of the Slater Rd Intersections, Imhoff and Ferndale Roads Fund 349. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcom.wa.us/council. 587 WHATCOM COUNTYco PUBLIC WORKS DEPARTMENT ti �Z' a Jon Hutchings DIRECTOR ��--o NG��t, TO: The Honorable Jack Louws, Whatcom County Executive and Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Director FROM: Randy Rydel, Financial Services Manager August 10, 2017 Administration Civic Center 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6217 www. whatcomcounty. us ]Hutchings@co. whatcom. wa. us Ordinance to close the Slater Rd Intersections, Imhoff and Ferndale Roads Fund 349 Please find attached for your review and approval an ordinance to close the Slater Rd Intersections, Imhoff and Ferndale Roads Fund 349 and to transfer the remaining cash balance of approximately $287,156 back into the Road Fund 108. The Project is complete and the project fund is no longer needed. Please contact Randy Rydel at extension 6217 if you have any questions or concerns regarding this project fund closure. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 PROPOSED BY: Public Works INTRODUCTION DATE: CLOSING SLATER INTERSECTIONS, IMHOFF AND FERNDALE ROADS PROJECT FUND 349 WHEREAS, on February 11, 2014 Ordinance 2014-012 created the Slater Rd Intersections, Imhoff and Ferndale Roads Fund and funded the project; and, WHEREAS, the project has now been completed; and, WHEREAS, the project fund is no longer needed; and, WHEREAS, the Road Fund contributed $1,620,000 towards the project fund; and, WHEREAS, the current cash balance in the fund is approximately $287,156; and, WHEREAS, the fund balance is Road Fund related and should be returned to the Road Fund, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Slater Intersections, Imhoff and Ferndale Roads Project Fund be dissolved and its remaining cash balance returned to the Road Fund. ADOPTED this day of , 2017 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Barry Buchanan, Council Chair APP OVED AS TO FORM: Daniel L. Gibson Civil Deputy Prosecutor Page 1 WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws County Executive ( ) Approved ( ) Denied Date Signed: :• PROJECT BUDGET NAME: Slater Rd Intersections -Imhof Rd to Ferndale Rd CRP 910003 PB 349100 Reporting Quarter/Year: 2017 Q2 DEPARTMENT: Public Works Project Description This project is located between Imhoff Road and Ferndale Road in Sections 31 and 32 of T39N, R2E. The work involves the additions of turn lanes on Slater Road at Imhoff and Ferndale Roads, as well as widening the half mile roadway section between the intersections to current standards. Permits Required ECS, BA, SEPA, CLR/CAO, Corps of Engineers Project Status This project was considered substantially & physically complete as of November 20, 2015. Project Closeout Status: After receiving all the final paperwork, this project was officially closed out as of November 28, 2016. No additional status updates will be made. Estimated Completion Date (mo./yr.) and % Weight of Each Phase; Total % Complete Overall Project 6110 6/12 6J14 11/15 1_116 Month Year Month Year Month Year Month Year Month Year lj �"r3��ai1��a''.P4j:% Y.,, ;-r✓.r� �1��'as0:"S7i y �t�=' 4£� ��'��j3��"''lu %, .; s' !�n"'�i�It �L��il73i.4��1 f � JG's—'r.?` �2 '�� f �'6. .; Z i3g � �l 4�}^ % ��CskJ � t � �Z ��A��i J� y�l/"". '' 7��e•��L7�� 'f 1Z� r�% � �-Y^.15.� 1� � -y�?, . .,� F...,,., L'✓,d�,i l„,, ,.,.,,..� .�.,�...., .,4 ...,�.ar�.k.,..--"}�i.:. <,6 <.�r� .„.;�,. ,.. .;i',�, �`�' y. ,G:�„ 1._. .,aa'a. a. ,. ...,:.� ., �, .._G� h. iri';, ._.�'� Total 100 % Complete Overall Project Funding Sources Source Original Funding Amendments Current Funding Federal $ 130,000 $ 0 $ 130,000 State $ 0 $ 0 $ 0 Local $ 2,610,000 $ 0 $ 2,610,000 Total $ 2,740,000 $ 0 $ 2,740,000 Project Budget Status Description Original Budget Amendments Current Budget Life to Date 6/30/2017 /a Remaining Balance Revenue $ 2,740,000 $ 0 $ 2,740,000 $ 2,740,895 100.0% -$ 895 Expenditure $ 2,740,000 $ 0 $ 2,740,000 $ 2,453,739 89.6% $ 286,261 *Estimated percent complete represents the approximate proportion of time toward project completion beginning with creation of project budget. 590 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-271 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy Rydel RR 8171rf a2V-- R (�,„�,' ((� V �� ED 9112117 Introduction Division Head: I� 9/26/2017 Finance Council Dept. Head: ��i /t Jon Hutchings % i� @Iy�1 !� �1 Prosecutor: Dan Gibson dig 08110117 Wt B T COM COUNTY Purchasing/Budget: bb 8110117 COUNCIL Brad Bennet Executive: Jack Louws V/X I =51 TITLE OF DOi Ordinance Ordering the closure of the Birch Bay-Lynden Road/Portal Way Signalization Improvements Project Fund 341 ATTACHMENTS: Proposed ordinance and memo. SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes (x) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance orders the closure of the Birch Bay-Lynden Road/Portal Way Signalization Improvements Project Fund 341. 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. 591 WHATCOM COUNTYco PUBLIC WORKS DEPARTMENT sP Gya 3 .e )on Hutchings DIRECTOR NI NG�G/C TO: The Honorable Jack Louws, Whatcom County Executive and Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Director �� FROM: Randy Rydel, Financial Services Manager Ot DATE: August 10, 2017 Administration Civic Center 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6217 www.whatcomcounty.us /Hutchings@co. whatcom. wa. us RE: Ordinance to close the Birch Bay-Lynden Road/Portal Way Signalization Improvements Project Fund341 Please find attached for your review and approval an ordinance to close the Birch Bay-Lynden Road/Portal Way Signalization Improvements Project Fund 341 and to transfer the remaining cash balance of approximately $300,351 back into the Road Fund 108. The Project is complete and the project fund is no longer needed. Please contact Randy Rydel at extension 6217 if you have any questions or concerns regarding this project fund closure. 592 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 PROPOSED BY: Public Works INTRODUCTION DATE: CLOSING BIRCH BAY-LYNDEN ROAD/PORTAL WAY SIGNALIZATION IMPROVEMENTS PROJECT FUND 341 WHEREAS, on November 20, 2012, Ordinance 2012-051 created the Birch Bay- Lynden Road/Portal Way Signalization Improvements Fund and funded the project; and, WHEREAS, the project has now been completed; and, WHEREAS, the project fund is no longer needed; and, WHEREAS, the Road Fund contributed $300,000 towards the project fund; and, WHEREAS, reimbursements of project expenses paid prior to establishing this project fund have been deposited to the project fund; and, WHEREAS, the current cash balance in the fund is approximately $300,350.66; and WHEREAS, the fund balance is Road Fund related and should be returned to the Road Fund, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Birch Bay-Lynden Road/Portal Way Signalization Improvements Fund be dissolved and its remaining cash balance returned to the Road Fund. ADOPTED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: &n J 0(-. kk� Daniel L. Gibson Civil Deputy Prosecutor Barry Buchanan, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws County Executive ( ) Approved Date Signed: Page 1 ( ) Denied 593 PROJECT BUDGET NAME: Birch Bay Lynden/Portal Way Signalization CRP 901011 PBB 341100 Reporting Quarter/Year: 2017 Q2 Project Description DEPARTMENT: Public Works This project is located south of Blaine and west of 1-5, in Section 22, T40N, R1 E. Improvements included signalization, channelization and illumination of the intersection with minor changes to the vertical and horizontal alignment,stormwater treatment and detention. Permits Required SEPA, Corps of Engineers, CLR/CAO, HPA Project Status This project was substantially complete as of April 17, 2015, and after a one-year plant establishment period, was physically completed in April 2016. Project Closeout Status: After receiving all the final paperwork, this project was officially closed with WSDOT (Washington State Department of Transportation) in April of 2017. No additional status updates will be made. Estimated Completion Date (mo./yr.) and % Weight of Each Phase; Total % Complete Overall Project 1/11 4/12 __8/13 __4J16 _ 4/17 Month Year Month Year Month Year Month Year Month Year ?TaT.�tx".';:v%g�tr I.„-r' G�� ..�J >� T i�' ��i?.G3i •ds 'i� e/z "2��1 '� rz lG � �� '�=�,C`�" � ��.y, ��Y.%,. ��y'"-�`Yy d�w'Mz;� t .,�f. r�y ., 3,l"z�2s,a ,, �s' i`. :.i . �^'" af�y ,.: �...;s�;> �.wv r. "r 1`�=s�� fr�s`°+�� $ e > - �.s}�� c'>'<t��' `L�^:.•'�'��'��""s �j�a� �.�f��t'' �S„�"s`�"n'5��.w��ard, i 1 z r3r� rfs Kz r 3 s` r S �,�r.��rr-� Total 100 % Complete Overall Project Funding Sources Source Original Funding Amendments Current Funding Federal $ 3,250,000 $ 0 $ 3,250,000 State $ 750,000 $ 0 $ 750,000 Local $ 300,000 $ 0 $ 300,000 Total $ 4,300,000 $ 0 $ 4,300,000 Project Budget Status Description Original Budget Amendments Current Budget Life to Date 6/30/2017 % Remaining Balance Revenue $ 4,300,000 $ 0 $ 4,300,000 $ 3,755,650 87.3% $ 544,350 Expenditure $ 3,620,000 $ 0 $ 3,620,000 $ 3,455,299 95.5% $ 164,701 *Estimated percent complete represents the approximate proportion of time toward project completion beginning with creation of project budget. 594 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-272 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy Rydel RR 817 WI I RA- a r ED 1� 9112117 Introduction Division l--lead: SEP1 WHATCOM COUNCIL 912612017 Finance/ Council Dept. Head: Jon Hutchings rl� � /�7 Prosecutor: Dan Gibson dlg 08110117 Purchasing/Budget: bb 08110117 Brad Bennet Executive: Jack Louws �p ( TITLE OF D U IT- Ordinance Ordering the closure of the Dakota Creek Bridge No. 500 Fund 35 9 ATTACHMENTS. Proposed ordinance and memo. SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes (x) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance orders the closure of the Dakota Creek Bridge No. 500 Fund 350. 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. 595 WHATCOM COUNTY 4G0m co PUBLIC WORKS DEPARTMENT Jon Hutchings DIRECTOR �93NINC+��'c� TO: The Honorable Jack Louws, Whatcom County Executive and Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Director p FROM: Randy Rydel, Financial Services Manager DATE: August 10, 2017 RE: Ordinance to close the Dakota Creek Bridge No. 500 Fund 350 Administration Civic Center 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6217 www.whatcomcounty.us ]Hutch ings@co. whatcom. wa. us Please find attached for your review and approval an ordinance to close the Dakota Creek Bridge No. 500 Fund 350 and to transfer the remaining cash balance of approximately $358,380 back into the Road Fund 108. The Project is complete and the project fund is no longer needed. Please contact Randy Rydel at extension 6217 if you have any questions or concerns regarding this project fund closure. 596 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 PROPOSED BY: Public Works INTRODUCTION DATE: ORDINANCE NO. CLOSING DAKOTA CREEK BRIDGE NO. 500 PROJECT FUND 350 WHEREAS, on February 11, 2014, Ordinance 2014-011 created the Dakota Creek Bridge No. 500 Fund and funded the project; and, WHEREAS, the project has now been completed; and, WHEREAS, the project fund is no longer needed; and, WHEREAS, the Road Fund contributed $1,115,276 towards the project; and, WHEREAS, the current cash balance in the fund is approximately $358,380; and WHEREAS, the fund balance is Road Fund related and should be returned to the Road Fund, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Dakota Creek Bridge No. 500 Project Fund be dissolved and its remaining cash balance returned to the Road Fund. ADOPTED this day of , 2017_. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: ""'W y k",� Daniel L. Gibson Civil Deputy Prosecutor Page 1 Barry Buchanan, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws County Executive ( ) Approved Date Signed: ( ) Denied 597 PROJECT BUDGET NAME: Portal Way/Dakota Creek R Bridge No. 500 Seismic Retrofit CRP 910001 F Reporting Quarter/Year: 2017 Q2 DEPARTMENT: Public Works Project Description This project consists of seismic retrofits to the existing Portal Way/Dakota Creek Bridge No. 500 to mitigate the risks to the structure during an earthquake. Permits Required HPA, SEPA, SEC 404, NEPA, County Shorelines Project Status Construction work at the site completed in November 2015. Planting work completed in 2016. Final project closeout complete. Estimated Completion Date (mo./yr.) and % Weight of Each Phase; Total % Complete Overall Project _ 1J14 10/14 1/15 11/15 __3/17 Month Year Month Year Month Year Month Year Month Year � 9{'.'- 5 A YZ <y ? �.� f ''x Wc)`�C 3L '�`! >5' ev 5�i' b R�.�{43.�1y �a✓5 fil^? ,:}'�y�y.M L `wo`'}��" f' 9 d .c '= x fa'fi �� ,.: �r�or � :' �.`�S"r%` :- z y a`" :E. �G�'1 7� z`w � ..-t m�" ��H. ✓ � 3"�fi ss��,``"r.`rs�. s �,�. ry€ . �€�i; 7Ys`ry Total 100 % Complete Overall Project Fundine Sources Source Original Funding Amendments Current Funding Federal $ 3,000,000 $ 0 $ 3,000,000 State $ 0 $ 0 $ 0 Local $ 1,048,604 $ 0 $ 1,048,604 Total $ 4,048,604 $ 0 $ 4,048,604 Project Budget Status Description Original Budget Amendments Current Budget Life to Date 6/30/2017 % Remaining Balance Revenue $ 2,718,268 $ 1,330,336 $ 4,048,604 $ 4,067,569 100.5% -$ 18,965 Expenditure $ 2,718,268 $ 1,330,336 $ 4,048,604 $ 3,709,189 91.6% $ 339,415 *Estimated percent complete represents the approximate proportion of time toward project completion beginning with creation of project budget. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-273 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy Rydel RR 8/71le "_a ' `�=J (� � � \% E D 9112117 Introduction Division Head: SEP 05 1 912612017 Finance/ Council Dept. Head: '7' Jon Hutchings l A W HAT O COUNTY Prosecutor: Daniel Gibson dlg 08/10/17 COUNCIL Purchasing/Budget: bb 8110117 Brad Bennet Executive: Jack Louws TITLE OF DOi Ordinance Ordering the closure of the Hannegan Road/IVooksack River Bridge No. 252 Fund 353 ATTACHMENTS. Proposed ordinance and memo. SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes (x) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance orders the closure of the Hannegan Road/Nooksack River Bridge No. 252 Fund 353. 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. 599 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings DIRECTOR ty 9`SHIN�gO TO: The Honorable Jack Louws, Whatcom County Executive and Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Director FROM: Randy Rydel, Financial Services Manager DATE: August 24, 2017 Administration Civic Center 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6217 www. whatcomcounty_us ]Hutchings@co. whatcom. wa. us RE: Ordinance to close the Hannegan Road/Nooksack River Bridge No. 252 Fund 353 Please find attached for your review and approval an ordinance to close the Hannegan Road/Nooksack River Bridge No. 252 Fund 353 and to transfer the remaining cash balance of approximately $16,323 back into the Road Fund 108. The Project is complete and the project fund is no longer needed. Please contact Randy Rydel at extension 6217 if you have any questions or concerns regarding this project fund closure. .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 PROPOSED BY: Public Works INTRODUCTION DATE: ORDINANCE NO. CLOSING HANNEGAN ROAD/NOOKSACK RIVER BRIDGE NO. 252 PROJECT FUND 353 WHEREAS, on November 25, 2014, Ordinance 2014-069 created the Hannegan Road/Nooksack River Bridge No. 252 Fund and funded the project; and, WHEREAS, the project has now been completed; and, WHEREAS, the project fund is no longer needed; and, WHEREAS, the Road Fund contributed $20,000 towards the project; and, WHEREAS, reimbursements of project expenses paid prior to establishing this project fund have been deposited to the project fund; and, WHEREAS, the current cash balance in the fund is approximately $16,323; and, WHEREAS, the fund balance is Road Fund related and should be returned to the Road Fund, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Hannegan Road/Nooksack River Bridge No. 252 Project Fund be dissolved and its remaining cash balance returned to the Road Fund. ADOPTED this day of , 2017_. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Daniel L. Gibson Civil Deputy Prosecutor Page 1 Barry Buchanan, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws County Executive ( ) Approved ( ) Denied Date Signed: 601 PROJECT BUDGET NAME: Hannegan Road/Nooksack River Bridge No. 252 Scour Mitigation CRP 911 Reporting Quarter/Year: 2017 Q3 DEPARTMENT: Public Works Project Description This is a rehabilitation project to mitigate scour risk at the existing Hannegan Road/Nooksack River Bridge No. 252. Permits Required HPA, SEPA, SEC 404, NEPA, County Shorelines Project Status Construction work at bridge completed in September 2015. Off -site mitigation planting work completed in 2016. Final project closeout complete. Revenue exceeds expenditures due to reimbursable expenditures incurred prior to establishing the project based budget. Estimated Completion Date (mo./yr.) and % Weight of Each Phase; Total % Complete Overall Project _ 1/14 7/14 3/15 9J15 6/17 Month Year Month Year Month Year Month Year Month Year �'��ntng & �ct�l5e tlesagn �3c 1Wc��strac�� osure � Total 100 % Complete Overall Project Funding Sources Source Original Funding Amendments Current Funding Federal $ 274,000 $ 0 $ 274,000 State $ 0 $ 0 $ 0 Local $ 10,000 $ 0 $ 10,000 Total $ 284,000 $ 0 $ 284,000 Project Budget Status Description Original Budget Amendments Current Budget Life to Date 8/31/2017 % Remaining Balance Revenue $ 240,000 $ 0 $ 240,000 $ 163,026 67.9% $ 76,974 Expenditure $ 240,000 $ 0 $ 240,000 $ 146,703 61.1% $ 93,297 *Estimated percent complete represents the approximate proportion of time toward project completion beginning with creation of project budget. DOW WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2016-256C CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 911212017 Introduction Division Head: 92612017 Public Hearing Dept. Head. ) , Prosecutor: I Purchasing/Budget: Executive: TITLE OF DOCUMENT.• Interim ordinance imposing a moratorium on applications — Cherry Point ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: September 26, 2017 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 interim moratorium prohibits the filing, acceptance, and processing of new applications for conversion of land or water, new building or structure permits, or other County permits or authorizations in the Cherry Point Urban Growth Area for new or expanded facilities whose purpose is to facilitate the increased shipment of unrefined fossil fuels not to be processed at Cherry Point, unless the applications: 1. Were filed and complete prior to the effective date of this ordinance and vested pursuant to Washington statutes; 2. Are for building permits for remodels, maintenance, or repairs of existing structures where no increased capacity for shipping unrefined fossil fuels not to be process at Cherry Point will result; or 3. Are necessary to protect health and safety of the community. This interim ordinance shall be effective for not longer than six months following its effective date, but may be renewed for one or more six-month periods if subsequent public hearings are held and findingss of fact are made prior to each renewal. 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. .1 , PROPOSED BY: INTRODUCTION DATE: SEPTEMBER 12, 2017 ORDINANCE NO. (INTERIM ORDINANCE) IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS AND PERMITS FOR NEW OR EXPANDED FACILITIES IN THE CHERRY POINT URBAN GROWTH AREA,THE PRIMARY PURPOSE OF WHICH WOULD BE THE SHIPMENT OF UNREFINED FOSSIL FUELS NOT TO BE PROCESSED AT CHERRY POINT WHEREAS, on July 12, 2016, the county received a letter from Chairman Ballew of the Lummi Business Council which included the statement that they "hope that the amendments to the Comprehensive Plan not unfairly impact the current employers within Cherry Point."; and WHEREAS, the County Council previously adopted Title 20-Zoning of Whatcom County Code which regulates land use within unincorporated areas of Whatcom County; and WHEREAS, the County Council adopted the Whatcom County Comprehensive Plan on May 20, 1997, which contains goals, objectives and policies regarding land use compatibility and environmental considerations; and WHEREAS, the Whatcom County Council recently updated the Whatcom County Comprehensive Plan as required by Revised Code of Washington 36.70A; and WHEREAS, during the Comprehensive Plan review process the Whatcom County Council received many individual public comments on fossil fuel transshipment, transport, and transfer from Cherry Point related to the protection of the health of Whatcom County's environment, economy, and residents; and WHEREAS, the County recognizes that the existing refineries have for decades been significant shippers of refined fossil fuels such as jet fuel and calcined coke used in manufacture of aluminum while providing substantial local employment; and WHEREAS, the refining of fossil fuels at Cherry Point provides high wage jobs which could be lost if the existing refineries were converted to crude oil export facilities; and WHEREAS, the Whatcom County Council has requested the Whatcom County Planning Commission review language that would discourage new development that would primarily facilitate the shipment of unrefined fossil fuels not to be processed or consumed at Cherry Point; and WHEREAS, multiple trains carrying crude oil from the Bakken formation moving through the United States and Canada have derailed and exploded causing damage to property and the environment, one derailment caused significant fatalities, which is the reason regulations must be improved; and = WHEREAS, a unit train carrying Bakken crude traveling through Mosier, Oregon, on June 3, 2016, derailed and exploded causing damage to property a-nd the Columbia River, demonstrating that recently adopted state and federal policies and corporate investment intended to reduce the risks associated with oil by rail have proven insufficient to protect communities along the rail corridor; and WHEREAS, the Washington State Department of Natural Resources has designated waters adjacent to the Cherry Point Urban Growth Area as an aquatic reserve to ensure long-term protection of this unique aquatic environment; and WHEREAS, the United States recently lifted a ban on the export of crude oil from the country, increasing pressure on deep water ports such as Cherry Point to develop into crude export terminals; and WHEREAS, existing refineries at Cherry Point have recently increased their ability to accept crude oil by rail by constructing new rail offloading facilities to serve the refineries; and WHEREAS, existing and proposed pipeline facilities have increased, or proposed to increase, their capacity to move crude oil, diluted bitumen, and natural gas to Cherry Point; and WHEREAS, Title 20 currently does not explicitly prohibit transshipment, transport, and transfer of unrefined fossil fuels and construction of infrastructure to facilitate expanded shipment of unrefined fossil fuels not to be processed at Cherry Point; and WHEREAS, according to the June 27, 2016 Land Capacity Analysis report produced by Planning and Development Services, Cherry Point contains only 1,072.6 acres of developable land that is zoned Heavy Impact Industrial (HII) for the purposes of "supplying a reasonable amount of land, commensurate with demand, for the location and grouping of heavy impact industrial uses" and to "minimize the scope of impacts generated within the HII District and to provide protection for nonindustrial districts situated outside thereof..." (WCC 20.68.010); and WHEREAS, expansion of existing facilities for purposes of shipping unrefined fossil fuels not to be processed or consumed at Cherry Point will increase the transport of dangerous fuels through our community and increase the risk of possible derailment, spills, explosions, and the fallout will pose a serious threat to the community; and WHEREAS, pursuant to the Washington State Constitution, the general police powers granted to counties empower and authorize Whatcom County to adopt land use controls to provide for the regulation of land uses within the County and to provide that such uses shall be consistent with applicable law; and WHEREAS, on August 9, 2016, the Whatcom County Council adopted Ordinance 2016-031, an emergency ordinance imposing a sixty day moratorium on the filing, acceptance, and processing of new applications for conversion of land or water, new building or structure permits, or other County permits or authorizations in the Cherry Point Urban Growth Area for new or expanded facilities whose purpose is to facilitate the increased shipment of unrefined fossil fuels not to be processed or consumed at Cherry Point; and 605 WHEREAS, on September 27, 2016, and March 21, 2017, the Whatcom County Council adopted interim measures (Ordinance 2016-039 and Ordinance 2017-011) prohibiting the filing, acceptance, and processing of new applications for conversion of land or water, new building or structure permits, or other County permits or authorizations in the Cherry Point Urban Growth Area for new or expanded facilities whose purpose is to facilitate the increased shipment of unrefined fossil fuels not to be processed or consumed at Cherry Point, unless the applications: 1. Were filed and complete prior to the effective date of the ordinance and vested pursuant to Washington statutes; 2. Were for building permits for remodels, maintenance, or repairs of existing structures where no increased capacity for shipping unrefined fossil fuels not to be processed or consumed at Cherry Point would result; or 3. Were necessary to protect health and safety of the community. WHEREAS, the County Council finds that extending the moratorium imposed by Ordinance 2017-011 is necessary for the protection of public health and safety; and WHEREAS, RCW 36.70.790 and RCW 36.70.795 allow for adoption of interim official controls as long as a public hearing is held within sixty (60) days of adoption; and WHEREAS, the Whatcom County Council is scheduled to hold a public hearing on this issue on September 26, 2017, or a later date; and WHEREAS, the County Council fully recognizes the limits to its authority over transportation of certain goods imposed by federal statutes and the US Constitution, and finds that this action is within its authority; NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts the above "WHEREAS" recitals as findings of fact in support of its action as required by RCW 36.70A.390 BE IT FURTHER ORDAINED by the Whatcom County Council that an interim moratorium is hereby imposed prohibiting the filing, acceptance, and processing of new applications for conversion of land or water, new building or structure permits, or other County permits or authorizations in the Cherry Point Urban Growth Area for new or expanded facilities whose purpose is to facilitate the increased shipment of unrefined fossil fuels not to be processed or consumed at Cherry Point, unless the applications: 1. Were filed and complete prior to the effective date of this ordinance and vested pursuant to Washington statutes; 2. Are for building permits for remodels, maintenance, or repairs of existing structures where no increased capacity for shipping unrefined fossil fuels not to be processed or consumed at Cherry Point will result; or 3. Are necessary to protect health and safety of the community. •1. BE IT FURTHER ORDAINED by the Whatcom County Council that this interim ordinance shall be effective for not longer than six months following its effective date, but may be renewed for one or more six-month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. BE IT FURTHER ORDAINED that if a section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason by any court of competent jurisdiction; such decision shall not affect the validity of the remaining portions of this ordinance, and if the provisions of this ordinance are found to be inconsistent with other provisions of the Whatcom County Code, this ordinance shall control. BE IT FURTHER ORDAINED that for the purpose of this ordinance the definition of "unrefined fossil fuel" includes but is not limited to all forms of crude oil whether stabilized or not; raw bitumen, diluted bitumen, or syncrude; coal; methane, propane, butane, and other "natural gas" in liquid or gaseous formats excluding those that are the byproduct of refinery processes in the Cherry Point UGA; and condensate. BE IT FINALLY ORDAINED that for the purpose of this ordinance, the definition of "facility" includes but is not limited to piers, wharfs, buildings, tank farms, pipelines, rail loading and offloading facilities, road spurs, or any other such physical infrastructure intended to receive, transfer, or store unrefined fossil fuels; APPROVED this _ day of ATTEST: Dana Brown Davis, Clerk of the Council APPROVED AS TO FORM: e ivil Deputy Prosecutor ,, 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ) Approved ( ) Denied Date Signed: 607