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Home My WebLink AboutPacket Sep 26 2017WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-286 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to. Introduction, Originator: PJH 7/25/2017 IU�ll1 Sept 26, 2017 Natural Resources Division Head: 711,71 J SEP 19 2017 WHATCOM COUNTY October 10, 2017 Hearing Dept. Head: 9 14 / l Prosecutor: dlg& 09/12/17 COUNCIL Purchasing/Budgel: Executive: TI-5 47/ /TITLE OF D An Ordinance Adopting Amendments to Whatcom County Code Title 17 Flood Damage Prevention ATTACHMENTS: 1. Cover memo 2. Proposed Ordinance 3. Whatcom County Code, Title 17 Flood Damage Prevention (with revisions shown) 4. Staff Report SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: October 10, 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.) The proposed ordinance adopts amendments to Title 17 that include revisions to address new requirements related to administration of the National Flood Insurance Program and compliance with the Endangered Species Act. 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 PUBLIC WORKS DEPARTMENT Jon Hutchings DIRECTOR cOM CO 3$qd Gy< ��HffKG�0 MEMORANDUM RIVER AND FLOOD 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 Phone: (360) 778-6230 www. whatcomcou nty. us TO: The Honorable Jack Louws, Whatcom County Executive and The Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Directo At FROM: Paula J. Harris, River and Flood Manag Gary Stoyka, Natural Resources Manager RE: Proposed Amendments to Whatcom County Code Title 17 Flood Damage Prevention DATE: August 18, 2017 Enclosed is an ordinance adopting amendments to Whatcom County Code Title 17 Flood Damage Prevention for your consideration. ■ Requested Action Public Works respectfully requests that the Whatcom County Council consider the proposed amendments to Title 17 and approve the ordinance adopting the amended code, subject to a public hearing. ■ Background and Purpose In 2015, the Department of Ecology's State National Flood Insurance Program (NFIP) Coordinator completed a Community Assistance Visit (CAV) or audit to evaluate Whatcom County's implementation of the NFIP. During this visit, it was determined that our current version of Title 17 does not meet the minimum requirements of the NFIP and/or Code of Federal Regulations and is inconsistent with State law. FEMA requires communities to demonstrate their compliance with the minimum criteria in order to participate in the NFIP. The NFIP is administered locally by Whatcom County Public Works through Title 17, Flood Damage Prevention. The NFIP provides affordable insurance to property owners within participating communities and aims to reduce the impact of flooding on private and public structures by encouraging communities to adopt and enforce floodplain management regulations. The original deadline given by the State NFIP Coordinator to have a code compliant with the NFIP was September 30, 2017. The deadline has been extended a month from the original deadline in order to accommodate finalization of the code and Council hearing dates. Meeting this deadline is necessary to remain in good standing with the NFIP. Process Used to Revise Ordinance In developing a set of proposed amendments to Title 17, staff utilized the results of the CAV findings along with recommendations by staff to help clarify administrative procedures and requirements. Recommended changes and additions to the code by the Flood Control Zone Page 1 of 2 2 District (FCZD) Advisory Committee have been incorporated. Language has been included in the code to be consistent with State law and to demonstrate compliance with the Endangered Species Act. The FCZD Advisory Committee reviewed and discussed the revised code at their meetings on January 12, February 16, March 9 and April 20, 2017. At the April 20 meeting, they unanimously recommended approval of the revised version of code. A presentation summarizing the proposed amendments to code was made to the Building Industry Association (BIA) on June 8, 2017. Two minor revisions based on the States review, and revisions to enforcement and appeals proposed by Planning were made subsequently, and redistributed to the FCZD Advisory Committee and the BIA for their comment. No comments were received. A presentation summarizing the proposed amendments was also made to the County Council at the July 18, 2017 Surface Water Work Session. A draft detailed staff report and a copy of the revised code were distributed to Council prior to the work session. A final staff report is enclosed which provides a detailed analysis of each section of code proposed for revision. Encl Page 2 of 2 3 PROPOSED BY: CONSENT SPONSORED BY: CONSENT INTRODUCTION DATE: SEPTEMBER 26, 2017 ORDINANCE NO. ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 17 FLOOD DAMAGE PREVENTION WHEREAS, the Department of Ecology (DOE) State National Flood Insurance Program (NFIP) Coordinator completed a Community Assistance Visit (CAV) to evaluate Whatcom County's implementation of the NFIP on March 5, 2015; and WHEREAS, the DOE identified required revisions and additions to Whatcom County's Flood Damage Prevention code, Whatcom County Title 17, to comply with the State and Federal requirements; and WHEREAS, the National Marine Fisheries Service issued a Biological Opinion regarding implementation of the NFIP by the Federal Emergency Management Agency (FEMA) and local communities; and WHEREAS, the Biological Opinion requires that local regulatory programs ensure development projects within the floodplain are compliant with the Endangered Species Act (ESA); and WHEREAS, amendments to Whatcom County Code Title 17 were proposed by staff to address State and Federal requirements and compliance with the ESA; and WHEREAS, additional amendments to Whatcom County Code Title 17 were proposed by staff to improve flood protection standards and clarify administrative procedures and requirements; and WHEREAS, the Flood Control Zone District Advisory Committee provided a forum for a public process to provide input and recommend changes to the draft developed by staff; and WHEREAS, the Flood Control Zone District Advisory Committee recommended the amended Title 17 attached as Exhibit A for adoption by the Whatcom County Council; and, WHEREAS, a public hearing on the amended Title 17 has been held on October 10, 2017; NOW, THERFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Title 17 is hereby amended as indicated in Exhibit A to this ordinance. ADOPTED this loth day of October. 2017. ATTEST: Dana Brown -Davis, County Clerk AP ROVED AS Tq FORM: L)"� A" 1-1 — Chief Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair ( ) Approved ( ) Denied Jack Louws, County Executive Date: 5 Title 17 FLOOD DAMAGE PREVENTION Chapters: 17.04 General Provisions 17.08 Definitions 17.10 Regulatory Data 17.12 Administration 17.16 Flood Hazard Reduction Standards 17.20 Repealed 17.24 Unauthorized Use of Motorized Vehicles Upon Flood Control Structures Revision 2.2 August 3, 2017 0 Page11 Chapter 17.04 GENERAL PROVISIONS Sections: 17.04.010 Findings of fact. 17.04.020 Statement of purpose and liability disclaimer. 17.04.030 Methods of reducing flood losses. 17.04.040 Application of title. 17 04 050 Basis for c.ctob4s#nn nreas of special flood ha;zaFd 17.04.060 Abrogation and greater restrictions. 17.04.070 Interpretation. 17.04.080 Compliance required. 17.04.100 Severabilit 17.04.010 Findings of fact. The findings of fact are the following: A. The flood hazard areas of Whatcom County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. Without taking appropriate care and precautions. development in floodplains and watersheds may increase flood heights, frequencies and velocities and may result in a greater threat to humans damage to Prooerty, destruction of natural flood plain functions and adverse im pacts to water guantity, quality,and habitat.T1hr--6 — -+nnni--1 flood_ ��' inadequatelyr11 i �+hOroclam inn. i�ana n_ F�C7 ated or otherwise etented from flood damage - also Gontrihi ite to the flc,ed4Gc� 17.04.020 Statement of purpose and liability disclaimer. This title is enacted as an exercise of the police power of the county for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, nor to identify and protect any particular class of persons. The purpose of this title is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas in a manner that does not adversely affect endangered species or their habitats. The degree of property and habitat €lead protection required by this title is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on occasion. Flood heights may be increased by manmade or natural causes. This title does not imply that land outside of the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This title shall not create liability on the part of Whatcom County, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages to property or habitat that result from reliance on this title or any administrative decision lawfully made thereunder. Nor shall the county or any officer, agent, or employee thereof incur or be held as assuming any liability by reason or in consequence of any permission, certificate of inspection, inspection or approval authorized herein, or issued or given as herein provided, or by reasons or consequence of any things done or acts performed pursuant to the provisions of this title.. 17.04.030 Methods of reducing flood losses. In order to accomplish its purposes, this title includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; Revision 2.2 August 3, 2017 Page 12 7 B. Requiring that uses vulnerable to floods, including facilities which serve such uses, shall be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; and E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. 17.04.040 Application of title. This title shall apply to all Special Flood Hazard Areas as defined in Section 17.08.040 within the jurisdiction of Whatcom County. 17�.0-5-9 Basis for e6tablishi g areas of special flood hazard y , e n.a..,�r. &tFatlCl, a- 651eAt4o nr d o»e.»eer nn rennrt entitled "The Clnert Inai irnnnn Cfi ict.4er Wa&hipgton" Ieffent i..e date September ill 19771 The annepansripr. C�� Ge Rate apdated Ld^�" 0- C'eplabe 1 ❑77 AAd pm, rrvvrcv,�v �m l n.i s ibseq lent a'mendffl the F-e"Fell gmeernenGy Management ❑genet' arr depted-by-F$feFenGe a d- declared to be aaFt, oft titl eG44+�s ks- 17.04.060 Abrogation and greater restrictions. This title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this title and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 17.04.070 Interpretation. In the interpretation and application of this title, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 17.04.080 Compliance required. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this title and other applicable regulations. 17.04.V90 Penalty for nenGompliance r rpo rMion violating any of the provisilons Gf this title sh all be deemed gui Ity of ooAsiituterate v.l non nr.nviGUG i t;k+era eh ll "unished by a fine of not re . unty jail for a aerie _net -exceed mjj4A days, or by both mentNothnn Gontained herein shall nreventWhatGeff�'�unty from ta9- Ky vielation 17.04.100 Severabilit . The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. Revision 2.2 August 3, 2017 i Page 13 Chapter 17.08 DEFINITIONS Sections: 17.08.010 Generally. 17.0&013 Accessory_ Structure. 17.08.015 Administrator. 17.08.020 Appeal. 17.08.030 Area of shallow flooding. 17.08.040 Area of special flood hazard. 17.08.050 Base flood. 17.08.051 Base flood elevation. 17.08.053 Basement. 17.08.055 Breakaway wall. 17.08.057 Coastal high hazard area. 17.08.058 Critical facility. 17.08.060 Development. 17,08,062 Dry floodproofing. 17.08.064 Elevation certificate. 17.08.066 FEMA, 17.08.070 Flood or flooding. 17.08.080 Flood Insurance Rate Map (FIRM). 17.08.090 Flood insurance study. 17.08.092 Flood protection elevation. 17.08.095 Floodway. 17.08.097 Historic structure. 17.08.100 Lowest floor. 17.08.110 Manufactured home. 17.08.120 Manufactured home park or subdivision. 17.08.130 New construction. 17.08.140 Recreational vehicle. 17.08.155 Special Flood Hazard Area (SFHA) 17.08.160 Start of construction. 17.08.170 Structure. 17.08.178 Substantial damage. 17.08.180 Substantial improvement. 17.08.190 Variance. 17.08.193 Watercourse. 17.08.195 Wet floodproofing. 17.08.200 Zone. 17.08.010 Generally. Unless specifically defined below, words or phrases used in this title shall be interpreted so as to give them the meaning they have in common usage or to give this title its most reasonable application. 17,08.013 Accessfl Structure. "Accessm structure" means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. 17.08.015 Administrator. Whenever the term "administrator" is used it means the director of public works or his designee. Revision 2.2 August 3, 2017 Page 14 9 17.08.020 Appeal. "Appeal" means a request for a review of the administrator's interpretation of any provision of this title or a request for a variance. 17.08.030 Area of shallow flooding. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. 17.08.040 Area of special flood hazard. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Areas of special flood hazard are designated on Flood_ Insurance Rate Maps with the letters "A" or "V" includinq AE AO AH Al-99 and VE. The area of special flood hazard is also referred to as the special flood hazard area or SFHA. 17.08.050 Base flood. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as 100-year flood." Designation on maps always includes the letters A or V. 17.08.051 Base Flood Elevation. "Base flood elevation" is the elevation of the base flood above the datum of the effective FIRM. 17.08.053 Basement. "Basement" is any area of the structure having its floor sub -grade (below ground level) on all sides including a subgrade crawlspace. 17.08.055 Breakaway wall. "Breakaway wall" means a wall that is not a part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damages to the elevated portion of the building or supporting foundation system. 17.08.057 Coastal high hazard area. "Coastal high hazard area" means the area subject to high velocity waters, including but not limited to, storm surge or tsunamis. The area is designated on the FIRM as Zone V1430, VE or V. 17.08.058 Critical Facility. "Critical fatuity" means a facility necessary to protect the public health, safety and welfare during_a flood. Critical facilities include, but are not limited to, schools, nursing homes, hospitals _ police, fire and emergency operations installations water and wastewater treatment plants, electric power stations and installations which produce, use, or store hazardous materials or hazardous waste (other than consumer products containing hazardous substances or hazardous waste intended for household use). 17.08.060 Development. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, subdivision of land, removal of substantial amounts (>5%) of vegetation, or alteration of natural site characteristics located within the area of special flood hazard. 17.08.062 Dry Floodproofing. "Dry floodproofng" means any combination of structural and non-structural measures that prevent flood waters from entering a structure. Revision 2.2 August 3, 2017 10 Page 15 17.08.064 Elevation Certificate. "Elevation Certificate" means the official form from FEMA used to provide elevation information necessa to ensure compliance with provisions of this ordinance and determine the groper flood insurance premium rate. 17.08.066 FEMA. "FEMA" means the Federal Emergency Management Agency,Agengy, the agency res ponsiblefor admin isterin the National Flood Insurance Program. 17.08.070 Flood or flooding. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; and/or the unusual and rapid accumulation or runoff of surface waters from any source. 17.08.080 Flood Insurance Rate Map (FIRM). "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 17.08.090 Flood insurance study. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Map, and the water surface elevation of the base flood. 17.08.092 Flood Protection Elevation (FPE). "Flood protection elevation" means the elevation above the datum of the effective FIRM to which new and substantially improved structures must be protected from flood damage. 17.08.095 Floodway. "Floodway" means the channel of a river or other watercourse or land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 17.08.097 Historic structure. "Historic structure" means a structure that is: A. Listed on the National Register of Historic Places the Washington Heritage Register, or the Washin ton Heritaae Barn Reaister; or B. Determined by the Secretary of the D.S. Department of interior as contributing to the historical si nificance of a registered historic district or a district preliminaril determined to qualif as a historic district; or C. DesLgnated as historic under a state or local historic preservation program that is approved by the Department of Interior. 17.08.100 Lowest floor. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this title found at WCC 17.16.080(2). 17.08.110 Manufactured home. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park Revision 2.2 August 3, 2017 Page 16 11 trailers, travel trailers, and other similar vehicles placed on a site for greater than 449)-120 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. 17.08.120 Manufactured home park or subdivision. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. 17.08.130 New construction. "New construction" means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this title. 17.08.140 Recreational vehicle. "Recreational vehicle" is a vehicle which is: A. Built on a single chassis; and B. Four hundred square feet or less when measured at the largest horizontal projection; and C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 17.08.155 Special flood hazard area (SFHA). See 17.08.040 "Area of special flood hazard." 17.08.160 Start of construction. "Start of construction" includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. 17.08.170 Structure. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. 17.08.178 Substantial damage. "Substantial damage" means dams a of any,oricLin sustained by a structure whereby the cost of restorin the structure to its before -dams ed condition would equal or exceed 50 oercent of the market value of the structure before the damage occurred. Substantial damage also means flood -related dams - a sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event on the averacie, equals or exceeds 25 percent of the market value of the structure before the damage occurred. 17.08.180 Substantial improvement. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: A. Before the improvement or repair is started; or B. Before the damage occurred, if the structure has been damaged and is being restored. Revision 2.2 August 3, 2017 Page 17 12 For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: C. Any project for improvement of a structure to correct pre -cited existing violations of state or local health, sanitary, or safety code specifications which have been_previousl,y identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; oreea+i�+v+t#�e OFleGal health,e. n"eF 6--'--tyinhare s c. lely neGessary to as ., D. Any alteration of a Historic Sstructure per the definition in 17.08.097 isled eA the Natignal Re I-lic.}� _n��v.�ao nr .��},3}a Iniron}nr rf Llia Frtrin Dlhnac. 17.08.190 Variance. "Variance" means a grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title. 17.08.193 Watercourse. "Watercourse" means only the channel and banks of an identifiable watercourse and not the admoinin flood lain areas. The flood carrying capacity of a watercourse refers to the flood carrying ca acit of the channel (except in the case of alluvial fans where a channel is not_Wjpically defined). 17.08.195 Wet Floodproofing. "Wet Flood roofin " means germanent or contingent measures applied to a structure and/or its contents that prevent or provide resistance to damage from flooding by using flood -resistant materials and b allowing water to enter and exit the structure. 17.08.200 Zone. "Zone" means one or more areas delineated on the FIRM. The followinq zones may be used on the adopted FIRM. The Special Flood Hazard Area is comprised of the A and V Zones. — A: SFHA where no base flood elevation is provided. — A#: numbered A Zones (e.-g., A7 or A14 SFHA with a base flood elevation. — AE: SFHA with a base flood elevation. — AO SFHA subject to inundation by shallow flooding usually resulting from sheet flow on sloping terrain, with average depths between one and three feet. Average flood depths are shown. — AK SFHA subject to inundation by shallow flooding (usually areas of pond ing) with average depths between one and three feet. Base flood elevations are shown. —B: the area between the SFHA and the 500-year flood of the orimary source of flooding. It may also be an area with a_ local, shallow flooding „problem or an area protected by a levee. — C: an area of minimal flood hazard as above the 500- ear flood level of the primpa source of flooding. B and C Zones may have flooding that does not meet the criteria to be mapped as a Special Flood Hazard Area, espe_c_iallyponding and local drainage problems. — D: area of undetermined but possible flood hazard. — V: the SFHA subject to coastal high hazard flooding including waves of 3 feet or greater in height. There are three types of V Zones: V V#, and VE, and they correspond to the A Zone designations. -- X: the area outside the mapped SFHA. Revision 2.2 August 3, 2017 Page 18 13 —Shaded X: the same as Zone B. above. Revision 2.2 August 3, 2017 Page 19 14 Chapter 17.10 REGULATORY DATA Sections: 17.10.010 Basis for establishing 5 ecia) Flood Hazard Area. 17.10.020 Flood hazard data. 17,10.030 New regulatory data. 17.10.010. Basis for establishing 5 ecial Flood Hazard Area. A. The areas of special flood hazard identified by the Federal EmergencyEmergengy Management Agency in a scientific and engineering report entitled "Flood Insurance Study for Whatcom County, Washin ton All Jurisdictions)" dated November 16, 2007 and any revisions thereto with an accompanying Flood Insurance Rate Ma FIRM for "Whatcom County. Washington All Jurisdictions " dated January 16 2004 and November 16, 2007 and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at the department of public works. B. The administrator shall make inter retations where needed as to the exact location of the boundaries of the SFHA where there appears to be a conflict between the m apped SFHA bou ndaa and actual field conditions as determined by the base flood elevation and round elevations. The applicant may appeal the administrator's interpretation of the location of the bou ndary in accordance with WCC 17.12.040. C. The applicant may officialfhave a structure or Property removed from the SFHA by obtaining a Letter of -Map Amendment LOMA with FEMA. A LOMA establishes a structure or ro ert 's location in relation to the SFHA. LOMAs are usually issued because a property has been inadvertently mapped as being in the flood lain but is actually on natural high ground above the Base Flood Elevation BFE . 17.10.020. Flood hazard data. A. The base flood elevation for the SFHAs of Whatcom County, Washington shall be as delineated on the 1 00-ear flood profiles in the "Flood Insurance Study for Whatcom County, Washington All Jurisdictions)." B. The base flood elevation for each SFHA delineated as a "Zone AH" or "Zone AO" shall be that elevation or de th delineated on the Flood Insurance Rate Map. Where base flood depths are not available in Zone AO the base flood elevation shall be considered to be two feet above the highest grade adjacent to the structure. C. The base flood elevation for all other SFHAs shall be as defined in Sections 17.10.020.E and 17.10.030.C. D. The Flood Protection Elevation (FPE) shall be the base flood elevation plus one foot. E. The floodway shall be as delineated on the Flood Insurance Rate Map or in accordance with Sections 17.10.020.F and 17.10.030.C. F. Where base flood elevation and floodway data have not been provided in S ecial Flood Hazard Areas the administrator shall obtain review, and reasonably utilize any base flood elevation and floodway data available from a Federal State local or other source. In cases where the administrator is unable to obtain any base flood elevation the flood protection elevation shall be two feet above the highest admacent grade. 17.10.030. New regulatory. data. A. Ail requests to revise or chap - a the flood hazard data including reguests for a Letter of Map Revision and a Conditional Letter of Map Revision shall be reviewed by the administrator. Revision 2.2 August 3, 2017 Page 110 15 1. The administrator shall not sign the Community Acknowledgement Form for any requests based on fil lin-q or other development, unless the applicant for the letter documents that such fill in or development is in com fiance with this ordinance. 2. The administrator shall not approve a re nest to revise or change a floodway delineation until FEMA has issued a Conditional Letter of Map Revision CLOMR that approves the change. B. If an applicant disagrees with the regulatory data prescribed by this ordinance he/she ma submit a detailed technical stud y needed to replace ex isti ng data with better data in accordance with FEMA mapping guidelines. If the data in question are shown on the published FIRM the submittal must also include a request to FEMA for a Conditional Letter of Map Revision, C. Where base flood elevation or floodway delineation is not available in accordance with WCC 17.10.020 applicants for approval of new subdivisions and other proposed develo ments includin proposals for manufactured home parks and subdivisionsgreater than 50 lots or 5 acres whichever is the lesser, shall include such data with their ermit applications, unless waived by the administrator. This provision does not apply to applications for permits for small projects on lar a lots such as constructing a single family home. Revision 2.2 August 3, 2017 Page111 16 Chapter 17.12 ADMINISTRATION Sections: 17.12.010 Establishment of floodplain development permit. 17,12,012 Re uirements for flood lain develo ment permit application within a SFHA. 17.12.020 Administrative department - Designated. 17.12.030 Administrative department - Duties and responsibilities. 17.12.040 Variances - ProcessAepeai_ has Mabloshed _ F3nfn.S tTart into a .Go ,nt _Mainte _ of resefds. 17.12.050 Variances - Conditions for issuance. 17.12.060 Appeals. 17.12.070 Enforcement. 17.12.010 Establishment of floodplain development permit. A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in WCC 17.10.01004.050. The permit shall be for all des inGlwd i ng manufaGWfed-homes, as setforth4n the H-ef nit�and ISoF alfdevelopment inekAiR -fil I ARd At eF ti„ities olsrt as set forth in the defmn't'ensSection 17.08.060. In situations where another County permit is required for development, the flood lain development permit may be issued in the form of conditions within the other County permit. 17.12.012 Requirements for floodplain development permit application within a SFHA. Application for a floodplain development permit within a SFHA shall be made through the development application process administered by the department of plannin and development services or on forms furnished by the department of public works if other local permits are not required, and may include, but not be limited to_; A. -One or more site plans iR duplicate drawn to scale showing_ 1_-Tthe nature, location, dimensions, and elevations of the afeaproperty; 2. Names and locations of all water bodies waterways, and drainage facilities within 200 feet of the sib 3 E in q estirtn existing andef proposed structures, fill, pavement and other impervious surfaces, and sites for storage of materials-; 4. Existing and proposed drainage facilities_ including but not limited to swales, storm sewers, overland flow paths and detention facilities;; 5. The elevation of the 1 00-ear floods where the data are available. and the Ior.at.en of the 18F9goinn. C� G #yam--th rvtn lien is Fequired; A. Elo,r�fir.n i. lot o„4e-mean e level of the lowe.4 flnnr li ,1�,� -fall sarUGli roe.• B. )r len ir. n relatto mean lever to whinh anti i 6. Existing and proposed contours at intervals sufficient to accurately determine the extent of proposed changes if the proposed project involves grading, excavation or filling. 7. Existing vegetation and roposed vegetation_ removal and revegetation. B. if the proposed oroiect includes a new structure. substantial improvement. or repairs to a substantiall damaged structure that will be elevated, the -application shall include the Flood Protection Elevation for the building site and the proposed elevations of the following; 1. The top of lowest floor(including basement, crawlspace, or enclosure floor) 2. The too of the next higher floor 3. The bottom of the lowest_ horizontal structural member (in V Zones only) 4. The top of the slab of an attached garage 5. The lowest elevation of machinery or equipment servicing the structure 6. The lowest adjacent (finishedgrade next to structure 7. The highest adjacent (finished) grade next to structure Revision 2.2 August 3, 2017 Page112 17 8. The lowest adiacent-grade at the lowest elevation of a deck or stairs including structural support C. If the proposed proiect includes a new structure substantial im rovement or repairs to a substantial) dams ed nonresidential structure that will be wet or dry flood proofed, the application shall include the FP for the building site and the elevation in relation to the datum of the effective FIRM to which the structure will be floodproofed and a Ccertification by a registered professional engineer or licensed architect that the floodproofing methods far-any-R aeetial�ara-meet the floodproofing criteria as provided in Section 17.16.090 or 17.16.110.;and D. The application shall include a Ddescription of the extent to which any watercourse will be altered or relocated as a result of proposed development.. -and shall also submit a request for a Conditional Letter of Map Revision CLOMR where required by the Federal Emergency Management Agency. The romect will not ba approved unless FEMA issues the CLOMR and the provisions of the letter are made Part of the permit requirements. E. The applicant shall submit a finished construction Elevation Certificate EC completed and certified by a licensed professional surveyor prior to occu anc . F. Com fiance with FEMA's National Flood Insurance Program NFIP including the protection standards for critical habitats for listed species, shall be demonstrated through a habitat assessment and if necessary, a mitigation plan done in accordance with the FEMA Re Tonal Guidance for the Puget Sound Basin. 17.12.020 Administrative department - Designated. The department of public works is appointed to administer and implement this title by granting or denying floodplain development permit applications in accordance with its provisions. 17.12.030 Administrative department - Duties and responsibilities. The duties of the department of public works shall include, but not be limited to: A. Permit Review. The department of public works shall: 1. Review all floodplain development permit applications to determine that the permit requirements of this title have been satisfied; 2. Review all floodplain development permits applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required; 3. Review all floodplain development permits applications to determine if the proposed development adversely affects the flood -carrying capacity of the area of special flood hazard, and prohibit those developments that are determined to adversely affect the ca acit . For purposes of this shaptersection, "adversely affects floor! -carryings capacity" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point. 4. Review and approve all Elevation Certificates if in compliance with this Title. 6.Review all development permit applications within the SFWA to ensure the Proposed development is compliant with FEMA's National Flood Insurance Program NFIPprotection standards for critical habitats of species listed under the Endangered Species Act. 6. Notify the de artment of Planning and development services of the review and decision results of the above in a timely manner. B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with WCC 17.0410-050-Basis for establis#aiRg4he areas ofspe, the department of public Revision 2.2 August 3, 2017 Page113 works shall obtain, review, and reasonably use any base flood elevation and floodway data available from a federal, state, or other source in order to administer WCC 17.16.070, gpeGifiG standards, and 17.16.1207 Floodways. C. Information to be Obtained and Maintained. The department of public works shall: 1. When base flood elevation data is provided through the flood insurance study or required as in WCC 17.12.030B, obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures; 2. For all new or substantially improved floodproofed structures: a. Verify and record the actual elevation to which the structure has been floodproofed (in relation to datum specified on the FIRMFnei,Rsea level), and b. Maintain the flesdpr$certifications-required-ire WCC47-4-2-41-GA by a retlistered professional engineer that the floodproofing methods for any structure meet the criteria as provided in WCC 17-16.090; 3. Maintain for public inspection all records pertaining to the provisions of this title. 4, Submit reports as required by FEMA for the National Flood Insurance Proq_ram. D. Alteration of Watercourse.-The-departmert-of-buildOgs-and-lades-adm+n+stfatkR-shaN: 1. Prior to any alteration or relocation of a watercourse, the department of pianninq and development services shall provide notif i cation Notifyto adjacent communities and the Washington State Department of Ecology in accordance with WCC 16.08.pFier-to-af+y-alteration-r-fe4aea on of a wateFGGUrse, any 2. The department of public works shall: a. Provide submit evidence of such notification to FEMAthe--Federal ins ranee ❑dr„jnistration if requested; ;-b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. E-meter-prelation-af-F4RM-Boundaries:-The-deparlroent-o€-public wor-k"haikm- ake-inter,pretatiGns-where needed,-a&#a-the-exalt eGatkm+efuhe- Gu-ndaries-Ot#e-aFeas afspecial fl #�azer�s (#er-example where ther�appeaFs-ta-bar-a-sonfl ice:-betw�ee�t-a-respped-taasar�day�Rd-ae�el-field-aar�diti�s�e��erser� c�ontes4fng-tie-lo6atioe-4af the bGundary-shall"be-given a FeasoRable-opportu ity�p e4nterpr4 tatloe as--pfGvided4n-W-C , , non. El=. Required Submission of Additional Information. The administrator shall have authority to require the applicant to submit information certified by licensed professional land surveyors, architectsL or engineers as may be reasonably necessary to assure conformance with the standards of this title. (Ord. 96-050 Exh A; Ord. 87-25 (part)). 17.12.040 Variances - Process Appeals board established --aka t--- A. The hearing examiner as established by Whatcom County shall hear and decide appeals and requests for variances from the requirements of this title. l3-The-hear4nq examiner -shall hear and -decade appeals-whar,�Qll-eged there-+s a eFFQF-� Fegi4tresi---^t,"eGEss+an,--or-deter vn rn by4he-ad-mipmstro+er in th r6ernen or�istFation of this Title. Revision 2.2 August 3, 2017 Page114 19 D-B. In deciding variance requestspassing-a , the hearing examiner shall consider WCC 17.12.050; all technical evaluations, ait-relevant factors, and standards specified in other sections of this title,- and: 1. The danger that materials may be swept onto other land to the injury of others; 2. The danger of life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise, the sediment transport of the flood waters, and the effects of wave action, if applicable, expected at the site; and 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, and streets and bridges. 12. The potential of the proposed development to adverse!y affect endangered species and proposed mitigation measures to ensure compliance with the Endangered Species Act. C. Upon consideration of the factors of subsection DLBI of this section and the purposes of this title, the hearing examiner may attach such conditions to the granting of variances as it-deemeds necessary to further the purposes of this title. t<D. The hearing examiner shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 17.12.050 Variances — Conditions for issuance. A. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items 1 through 11 in WCC 17.12.040D have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. B. Variances may be issued for the reconstruction, rehabilitation, or restoration of Historic Sstructures listed cathe--Alafiona4-Register-of- &t iFis- lases er-he State en"-o P*ter+c--Wakes, without regard to the procedures set forth in the remainder of this section. C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Revision 2.2 August 3, 2017 Page115 20 D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. E. Variances shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in WCC 17.12.040D, or conflict with existing local laws or ordinances. 4. A determination that the proposed development is compliant with the Endangered Species Act. F. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. G. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry_-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except WCC 17.12.050A, and otherwise complies with WCC 17.16.020 and 17.16.030 of the general standards. H. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 17.12.060 Appeals A. Any aggrieved party may appeal any order, variance, condition of approval, or alleged error made by the administrator in the administration or enforcement of this chapter to the hearing examiner, who shall have the authority to hear and decide such appeals. B. An appeal shall be filed within 14 days of the issuance of a final permit decision. For decisions associated witha project permit, as defined in WCC 20.97, the final permit decision is when the project permit is issued. For decisions not associated with a proiect permit, the final permit decision is when the floodplain development permit is issued by the administrator. C. Appeals _shall _be processed in accordance with WCC 20.92 and accompanied by a fee as specified in the unified fee schedule. ❑- The applicant, any party of record, or any county department may appeal any final decision of the hearing examiner to Superior Court within 10 business days of the final decision of the hearing _examiner, 17.12.070 Enforcement. 1. Any person, firm, or corporation violating any of the provisions of this title may be subiect to enforcement actions and penalties alfowed by County Code, as amended, for the applicable development permit, approval, or license required for the floodplain development or action. The administrator is hereby authorized to enforce the provisions of this chapter. 2. The enforcement process_ and Penalties contained in WCC 20.94 is hereby adopted in full for enforcement of this chapter, except for WCC 20.94.010 (Purposeland WCC 20.94.060 (Appeals), provided that each occurrence of the _term "Zoning Administrator" shall be substituted with "Administrator." Revision 2.2 August 3, 2017 Page 116 21 Chapter 17.16 FLOOD HAZARD REDUCTION STANDARDS Sections: 17.16.010 General sStandards. 17.16.020 Anchoring. 17.16.030 Construction materials and methods. 17.16.040 Utilities. 17.16.050 Subdivision proposals. 17.16.060 Review of building permits. -17-4670 Spesifte-st@� 17.16.080 Residential construction. 17.16.090 Nonresidential construction. 17.16.095 Critical facilities. 17.16.100 Manufactured homes. 17.16.110 AgFicultural WdingsWet floodproofing. 17.16.115 Recreational vehicles. 17.16.120 Floodways. 17.16.130 Standards for shallow flooding areas (AO Zones). 17.16.140 Coastal high hazard areas. 17.16.010 Gen8 -aI sStandards. 1 flood zar4& tThe standards set forth in WCC 17.16.020 through 17.16.060140 are required in all areas of special flood hazards. 17.16.020 Anchoring. A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. ] B. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over -the -top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). 17.16.030 Construction materials and methods. A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Locating such equipment be€ow the base flood elevation may cause flood insurance premiums to be increased. 17.16.040 Utilities. A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. B. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. C. On -site waste storage and disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding. Revision 2.2 August 3, 2017 Page117 22 D. Water supply wells associated with new development shall be located where it is not subject to ponding and is not in the floodway. 17.16.050 Subdivision proposals. A. All subdivision proposals shall: 1`Bbe consistent with the need to minimize flood damage. 2. R. °'��,l-�iv#s n--prGposalr, shalt--hHave public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 3. Asubd+v+sienpesats ski## hHave adequate drainage provided to reduce exposure to flood damage. D-.B. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be R-proposals--ap4-ae,;ese"evelopmeRtat- leasteveloped in accordance with WCC 17.10.030.C. 17.16.060 Review of building permits. Where elevation data is not available, either through the flood insurance study or from another authoritative source (WCC 17.10.010 and WCC 17.12.030B), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. 17.16.080 Residential construction. A. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base -flood protection elevation (FPE), as determined in accordance with WCC 17.10.020.D. B. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 1. A minimum of two openings on different sides of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; 2. The bottom of all openings shall be no higher than one foot above grade; 3. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. C. Subgrade crawls aces are prohibited unless the following conditions are met: 1. The interior grade of a crawlspace below the base flood elevation must not be more than 2 feet below the lowest adjacent exteriorgrade; 2. The height of the subgrade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed 4 feet at any point; Revision 2.2 August 3, 2017 Page118 23 I A drainage system designed to adequately drain the subgrade crawl space area e.g. sub -surface drains or sump pump system) once floodwaters have receded must be provided,, and 4._ The crawlspace must comply with applicable FEMA _guidance _(FEMA Technical Bulletin 11, Crawlspace Construction for Buildings Located in Special Flood Hazard Areas or updated guidance). The administrator will notify the applicant that construction of a subgrade crawls ace will likely impact flood insurance premiums. 17.16.090 Nonresidential construction. New construction and substantial improvement of any commercial, accessory, agricultural, industrial or other nonresidential structure together with attendant utility and sanitary facilities shall: A. der hHave the lowest floor, including basement, elevated to the level of the flood protection elevation. The space below the lowest floor must meet the standards in WCC 17.16.080E and 17.16.080C: or B. Shall Be dry floodproofed so that: 1. Below the base- flood level -protection elevation the structure is watertight with walls substantially impermeable to the passage of water; and 2. Have sStructural components are capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3. Be ified bya-registered professianai-engineer r-af4ii eGc . that4The design and methods of construction are certified by a registered professional en, Iq neer in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be as set forth in WCC 17.12.030F and shall be provided by the applicant eFas required by the department of public works; or- C. Be wet floodproofed in compliance with the reouirements of WCC 17.16.110. I\lonFeSideRtial structures that a�surato fiGodproefed m ucf_mr�t_tl�ric�an'a�� below the !owe + floor as deSGFlbed in WGG 17.16.0806. D-Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). 17.16.095 Critical facilities Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA 000-year flood piain). Construction of new critical facilities shall be Permissible within the ffoodplain if no feasible alternative site is available. Critical facilities constructed within the floodplain shall have the lowest floor elevated two feet above the base flood elevation. �Flood proofing and sealing measures must betaken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible without adverselv affecting the flood-carrvina capacity of the SFHA. 17.16.100 Manufactured homes. All manufactured homes to be placed or substantially improved shall be: A within ZOROS e1-ten eH and eE shalibe °Elevated on a permanent foundation ci ,nh that the towerst fleer of the_. manufactured home is a+ nr above- the hasp flood elevation and in accordance with WCC 17.16.080 if within zones A, AE. AH. and ACC, and subject to WCC Chapter 15. Revision 2.2 August 3, 2017 Page 119 24 B. Elevated on a permanent foundation in accordance with WCC 17.16.140 if within zones V or VE. C. be• -&Securely anchored to an adequately anchored foundation system in accordance with the provisions Of Sestien WCC 17.16.020B. 17.16.110 Wet ftoodproofing. A'� ldingG shall . GFWn.,i�,.. �h ►n►rr , � , � non A. Wet floodproofing is allowed for the following types of nonresidential construction: 1. Wet floodproofing is allowed without a variance for enclosed areas below the FPE that are used solely for parking, access, or limited storage including attached and detached garages. 2. Wet floodproofing is allowed with a variance for the types of structures listed below. however, the administrator may waive the requirement for a formal variance provided the proposal meets the conditions of WCC 17.16.110B and applicable FEMA guidance fFEMA Technical Bulletin 7 Wet Floodproofing Requirements or updated guidance). a. Structures functionally dependent on close proximity to water. b. Historic structures. c. Residential accessory structures that do not exceed a maximum value of $25,000 for the cost of construction and are designed to have a low potential for structural damage. The market value of construction shall be determined by the administrator in accordance with the valuation procedure used when setting_ build ingperm itfees. d. Agricufiural structures used exclusively in connection with the production, harvesting, storage, dEyinq or raising of agricultural commodities including livestock if they are designed to have a low potential for structural damage. B._Each structure that is wet floodproofed shall meet the following standards: 1. It shall comply with the floodwav encroachment provisions of WCC 17.16.120. 2. It shall be anchored to prevent flotation, collapse and lateral movement. 3. All portions of the structure below the FPE shall be constructed of flood -resistant materials. 4. Service utilities such as mechanical electrical and heating equipment shall meet the standards of WCC 17.16.030.0 and 17.16.040. 5. It shall have openings to allow free flowage of water that meet the criteria in WCC 17.16.080.B. 6It shall be designed to have a low potential for structural damage from flood inundation, scouring, velocities, and debris impact. 7. The intended use of the structure shall have a low damage potential for content damage or an emergency operation plan to remove the contents. 8. The ro'ect shall meet all other requirements of this ordinance. 17.16.115 Recreational vehicles. Recreational vehicles placed on sites within Zones °!-'30, AH, °F n^r all "A, AE, AH, AO, V, and V Zones shall either: A. Be on the site for fewer than 480-120 consecutive days; and Revision 2.2 August 3, 2017 Page 120 25 B. Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and having no permanently attached additions; or C. Meet the requirements of WCC 17.16.100 and anchoring requirements for manufactured homes. 17.16.120 Floodways. Located within areas of special flood hazard established in WCC 17.10.010 17.04 050 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or aFGhateGis provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. Construction or reconstruction of residential structures is prohibited within designated floodways, except for the following: 1_Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area, provided that repair-&r+-esn^r{�� ^}�^^ ^r ;rs est a -the cost of which does not exceed 50 percent of the market value of the structure either (a) before the repair, reconstruction, or improvement is started; or (b) before the damage occurred, if the structure has been damaged; and is being restored. Work done on structures to correct existing violations of state or local health, sanitary, or safety codes ecifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions toGem.y -«}hs-=-st+n^ health, sapAary-, ar"-eta tWod-a&4ist�is gases shall not be included in the 50 percent. 2. Re airs replacement, reconstruction or improvements to existing farmhouses located in designated floodways and located on designated agricultural lands that do not increase the building's totalsquare footage of encroachment and are consistent with all requirements of WAC 173-158-075; 3. Repairs, re lacement reconstruction or improvements to substantial) dams ed residential dwellings other than farmhouses that do not increase the building's totalsquare footage of encroachment and are consistent with all requirements of WAC 173-158-076; or 4. Repairs, reconstruction or improvements to residential structures identified as historic structures that do not increase the building's dimensions. C. If the provisions of WCC 17.16.120 A or B are met o 1, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter. 17.16.130 Standards for shallow flooding areas (AO Zones). Shallow flooding areas appear on FIRMs as AO Zones with depth designations. The base flood depths in these zones range from one to three feet where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: A. New construction and substantial improvements of residential structures within AO Zones shall have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, to eFone foot above the depth number specified on the FIRM (at least two feet if no depth number is specified). B. New construction and substantial improvements of nonresidential structures within AO Zones shall either: Revision 2.2 August 3, 2017 Page 121 26 1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, to or one foot above the depth number specified on the FIRM (at least two feet if no depth number is specified); or 2. Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in WCC 17.16.090BA.3. C. Adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures shall be provided. 17.16.140 Coastal high hazard areas. Located within areas of special flood hazard established in WCC 17.1445g-10.020 are coastal high hazard areas, designated as Zones "^ �'.E andlor V and VE. These areas have special flood hazards associated with high velocity waters from tidal surges and, therefore, in addition to meeting all applicable provisions in this title, the following provisions shall also apply: A. All new construction and substantial improvements in Zones V4-V30 and VE (V4-base-fllvad--ekwatkm- data is available) shall be elevated on pilings and columns so that: 1. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the FPE; and 2. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being eq"fedegualcd or exceeded in any given year (100-year mean recurrence interval). A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of 1 and 2 of this subsection. B. Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V4-30 and VE, and whether or not such structures contain a basement. The local administrator shall maintain a record of all such information. C. All new construction shall be located landward of the reach of mean high tide. D. Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood latticework, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water Revision 2.2 August 3, 2017 Page 122 27 loading values to be used in this determination shall each have a one percent chance of being egaa4edegualed or exceeded in any given year (100-year mean recurrence interval). E. If breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. F. Prohibit the use of fill for structural support of buildings. G. Prohibit manmade alteration of sand dunes which would increase potential flood damage. Revision 2.2 August 3, 2017 Page 123 Revision 2.2 August 3, 2017 Page 124 29 Chapter 17.24 UNAUTHORIZED USE OF MOTORIZED VEHICLES UPON FLOOD CONTROL STRUCTURES Sections: 17.24.010 Definitions. 17.24.020 Unauthorized use of motorized vehicle. 17.24.030 Violation — Penalty. 17.24.010 Definitions. The definitions set forth in this section shall apply throughout this chapter A. "County' means Whatcom County, unless otherwise noted. B. "Flood control structure" means any structure, whether natural or man-made in origin that operates, or is intended, to contain, channelize, direct or otherwise control the flow of water along or near the banks of the Nooksack River. C. "Motorized vehicle" means any vehicle that is motor -driven, whether by internal combustion engine or electric motor, and any attachments thereto. D. "Nooksack River" means the river commonly known as the Nooksack River, along with its North, Middle, and South Forks, as more precisely defined in WAC 173-18-410 as now written or hereinafter amended, and the channels within which this river and its forks flow, within Whatcom County. E. "Proper authorization" means use of a motorized vehicle for purposes of inspection, maintenance, improvement, or construction of flood control structures, or for access for legitimate agricultural purposes: 1. By immediate family members or current employees of the owner or tenant of the land upon which the flood control structure is located, under the authority and direction of that owner or tenant, or 2. Under the authority and with the current permission of the public agencies responsible for flood control activities within the county. The claim of proper authorization is an affirmative defense which must be pled prior to hearing or trial, and which the defendant must prove by a preponderance of the evidence. (Ord. 2003-002). 17.24.020 Unauthorized use of motorized vehicle. It is unlawful for any person to operate, or to ride upon, a motorized vehicle on any flood control structure within 3,000 feet of the Nooksack River, unless done with proper authorization. (Ord. 2003-002). 17.24.030 Violation — Penalty. Violation of this chapter shall constitute a Class 1 civil infraction under the authority granted the county in Chapter 7.80 RCW. Each violation hereof shall be punishable by a maximum penalty or default amount as set forth in RCW 7.80.120, or any successor statute thereto. All violations shall be charged, heard, and determined in accordance with the procedures set forth in Chapter 7.80 RCW. Employees of the Whatcom County public works department, river and flood division, or its successor agency, if any there be, as well as all others who are otherwise authorized to enforce ordinances of this county, are hereby authorized to enforce the provisions of this title, consistent with the provisions of Chapter 7.80 RCW. After having been found to have committed two infractions for violations of the provisions of this chapter, any person who further violates the provisions of this chapter shall be guilty of a misdemeanor, and shall be subject to criminal penalties including a fine of not more than $1,000, together with statutory assessments and any costs of action, and imprisonment in the county jail for a period of not more than 90 days. Revision 2.2 August 3, 2017 Page 125 30 In addition to the civil and criminal remedies provided for above, the county or the owner(s) of the land affected by the violation of the provisions of this chapter may bring such injunctive, declaratory or other actions as deemed necessary, and as otherwise allowed by law, to ensure that violations are prevented or cease, and to otherwise enforce the provisions of this chapter. (Ord. 2003-002). Revision 2.2 August 3, 2017 Page 126 31 Public Works Staff Report September 11, 2017 I. BACKGROUND INFORMATION Summary of Request: Adopt amended version of Whatcom County Code, Title 17, Flood Damage Prevention (see Attachment A). After a National Flood Insurance Program (NFIP) Community Assistance Visit (audit) in 2015, FEMA determined that our current version of Title 17 does not meet the minimum requirements of the NFIP and/or Code of Federal Regulations (CFR's). FEMA requires communities to demonstrate their compliance with the minimum criteria in order to participate in the NFIP. The NFIP is administered locally by Whatcom County Public Works through Title 17, Flood Damage Prevention. In addition to changes made in response to the audit findings, the proposed amended Title 17 includes changes recommended by the Flood Control Zone District Advisory Committee (FCZDAC) and language clarifications recommended by Staff. Location: Title 17 and the proposed amendments apply to Special Flood Hazard Areas (areas within the 100-year floodplain) within the unincorporated areas of Whatcom County. SEPA: the State Environmental Policy Act (SEPA) Official for Whatcom County issued a Determination of Non -Significance on July 25, 2017. II. ANALYSIS OF THE PROPOSED AMENDMENT A detailed analysis of each of the proposed revisions is as follows. Chapter 17.04 GENERAL PROVISIONS 17.04.010 Findings of Fact The proposed revision to WCC 17.04.010.E clarifies reasons for flood losses and relates lack of adequate precautions to impacts on habitat. 17.04.020 Statement of purpose and liability disclaimer All development within Special Flood Hazard Areas must comply with the Endangered Species Act. The proposed revision includes protection of endangered species and their habitats. 17.04.040 Application of title The proposed revision adds a reference to a new definition for "Special Flood Hazard Area." 17.04.050 Basis for establishing areas of special flood hazard This section has been removed; the content in this section was moved to 17.10.020.A under the new section 17.10 Regulatory Data. -1- 32 17.04.090 Penalty for noncompliance and enforcement This section has been removed; the revised content of this section was moved to 17.12.070 under the Administration section. 17.04.100 Severability This section is proposed for addition to the code based on legal review. Chapter 17.08 DEFINITIONS 17.08.013 Accessory structure This definition was added to provide clarification as to what constitutes an accessory structure, as portions of the existing and proposed codes use the term. 17.08.040 Area of Special Flood Hazard This definition was expanded to include specific flood zones, and to cross-reference the Special Flood Hazard Area, since both terms are frequently used. 17.08.051 Base Flood Elevation This definition was added to provide clarification as to what the term means, as portions of the existing and proposed codes use the term. 17.08.053 Basement This definition was added to provide clarification as to what constitutes a basement, as portions of the existing and proposed codes use the term. 17.08.058 Critical facility This definition was added along with section WCC 17.16.095 to provide a higher level of flood protection for public facilities that are considered essential to protecting public health, safety and welfare during a flood event. The language was taken from FEMA's model ordinance. 17.08.060 Development This definition was expanded to be consistent with Endangered Species Act requirements. 17.08.062 Dry floodproofing This definition was added to provide clarification as to the difference between dry and wet floodproofing, as new language is proposed in WCC 17.16.110 to allow for wet floodproofing in accordance with FEMA guidance. The current code allows for dry floodproofing in some situations but does not specifically allow for wet floodproofing. 17.08.064 Elevation certificate This definition was added to provide clarification as to what the term means, as portions of the existing and proposed codes use the term. 17.08.066 FEMA This definition was added to provide clarification as to what the term means, as portions of the existing and proposed codes use the term. 17.08.092 Flood Protection Elevation (FPE) This definition was added for easier reference when defining elevation standards throughout the code. WCC 17.10.030.D was also added and specifies that the FPE is one foot above the base flood elevation; new and substantially improved structures are required to elevate to the FPE. The current code only requires elevation to the base flood elevation. The higher standard is required to be consistent with the International Residential Code (IRC). -2- 33 17.08.097 Historic structure This definition was added to provide clarification as to what constitutes a historic structure, as portions of the existing and proposed codes use the term. 17.08.110 Manufactured home This definition was changed to be consistent with the zoning code, Title 20. 17.08.155 Special Flood Hazard Area (SFHA) This definition was added to cross-reference Special Flood Hazard Area with Area of Special Flood Hazard since both terms are frequently used. 17.08.178 Substantial damage This definition was added to enable more flood insurance policy holders to qualify for Increased Cost of Compliance (ICC) funding through flood insurance claims. ICC funding of up to $30,000 is available to policy holders whose residences have been substantially damaged for modifications to the structure which will reduce future damage. The definition includes provisions for smaller damage amounts on multiple occasions to enable more homeowners to be able to qualify for the ICC funding. 17.08.180 Substantial improvement This definition was reformatted to provide clarity. 17.08.193 Watercourse This definition was added to provide clarification as to what the term means, as portions of the existing and proposed codes use the term. 17.08.195 Wet floodproofing This definition was added to enable the addition of wet floodproofing standards for certain types of nonresidential construction as detailed in WCC 17.16.110. 17.08.200 Zone This definition was added to provide clarification as the term is used in portions of the existing and proposed codes. Chapter 17.10 REGULATORY DATA This entire section was added to provide an organized presentation of the various types of data used in administering the code. 17.10.010 Basis for establishing Special Flood Hazard Area Item A in this section was moved from 17.04 General Provisions (previously was WCC 17.04.050), updated to reference the current release of the flood insurance study and map, and slightly reworded. Item Q clarifies how the administrator interprets the boundaries of the regulatory limits. Item C explains the Letter of Map Amendment (LOMA) process as a possible way of removing property from the SFHA. 17.10.020 Flood hazard data This section clarifies the sources of base flood elevation and floodway data used in administering the code. Item D in this section defines the "Flood protection elevation" as one foot above the base flood elevation; this is a change from the current code which only requires structures to be elevated to the base flood elevation. This change is recommended by FEMA and FCZDAC, and will reduce the potential for damage to subfloor materials and equipment. -3- 34 17.10.030 New regulatory data This section is required in order to comply with the Code of Federal Regulations (CFR). The section includes provisions for processing requests for Letters of Map Revision and describes how new flood elevation and floodway data are to be developed. It also describes the methods applicants should use if they do not agree with the current regulatory data. Chapter 17.12 ADMINISTRATION Sections have been added to this chapter and existing sections have been modified to provide clarification, to incorporate recommendations by the FCZDAC, and for compliance with ESA. 17.12.010 Establishment of floodplain development permit This section was modified to reference updated sections or definitions, and clarify that floodplain permits may be issued through conditioning other County permits. 17.12.012 Requirements for development permit application within a SFHA This section was added to clarify what should be submitted as part of a development permit application. Language from the existing code WCC 17.12.010 was used in this new section along with additional language from FEMA's model ordinance to address ESA compliance and recommended revisions by the FCZDAC. 17.12.020 Administrative department - Designated The proposed revision clarifies that the section only applies to development permit applications within the SFHA. 17.12.030 Administrative department — Duties and responsibilities Proposed revisions throughout this section clarify that the section applies only to development within the SFHA, and address ESA compliance and the CFR. 17.12.040 Variances — Process This section was revised to be consistent with the variance process used for other Whatcom County codes. Section 17.12.040.B.12 was added to address the ESA. 17.12.050 Variances — Conditions for issuance Section 17.12.050.E.4 was added to address ESA compliance. 17.12.060 Appeals This section was revised to be consistent with the appeals process used for other Whatcom County codes, and ensures that all flood decisions — whether issued through another County permit or not - have a process for appeal. 17.12.070 Enforcement The proposed revision, written in consultation with the Planning Department, makes the enforcement of Title 17 consistent with the enforcement process used for the Critical Areas Ordinance (CAO), as the CAO includes conformance with the provisions of Title 17 as part of the general standards for Frequently Flooded Areas. Chapter 17.16 FLOOD HAZARD REDUCTION STANDARDS One new section was added. Revisions to clarify how the standards are applied, and revisions to comply with the CFR were incorporated. Recommended changes by the FCZDAC are also incorporated throughout this chapter. -4- 35 17.16.010 Standards Language was changed to clarify that these standards apply to all floodplain designations. 17.16.030 Construction materials and methods Language was added as recommended by FEMA to notify applicants of potential impacts to flood insurance premiums. 17.16.040 Utilities Part D was added to comply with state law. 17.16.050 Subdivision proposals This section was revised to reference the new regulatory data section. 17.16.060 Review of building permits The proposed revision clarifies how the code is currently administered and is consistent with FEMA guidance. 17.16.070 Specific standards This section has been removed; the reference to another code section was revised to reflect that the section was moved in the proposed code. 17.16.080 Residential construction Section 17.16.080.A was revised to reference the FPE rather than the BFE so the elevation standard is consistent the IRC. Section 17.16.080.13 was clarified to be consistent with FEMA guidance. New language was added under section 17.16.080.0 to allow for sub -grade crawlspaces in accordance with FEMA guidance. 17.16.090 Nonresidential construction Sections 17.16.090.A and B were revised to reference the FPE rather than the BFE for elevation standards, as this is consistent with the IRC. Section C was added to allow for wet floodproofing of some nonresidential structures as long as they comply with FEMA requirements (see WCC 17.16.110). 17.16.095 Critical facilities This section was added to provide a higher level of flood protection to facilities that would be critical during a flood event. The FCZDAC recommended the elevation standard for critical facilities be 2 feet above the BFE. 17.16.100 Manufactured homes This section was revised to comply with the CFR. 17.16.110 Wet-floodproofing This section was previously titled "Agricultural buildings" and only allowed for elevation or dry floodproofing consistent with the requirements for other nonresidential structures. The section was renamed to allow wet-floodproofing construction techniques for agricultural structures as well as other nonresidential structures that meet the criteria in FEMA technical guidance. The original draft of this section was derived from a FEMA technical guidance document. The current version includes revisions recommended by the FCZDAC. 17.16.115 Recreational vehicles This section was revised to reflect the current flood zone designations used by FEMA on the Flood Insurance Rate Maps. Section 17.16.115.A was revised to be consistent with the zoning code, Title 20. -5- 36 17.16.120 Floodways Reference to another code section was revised as that section was moved in the proposed code. Revisions to section 17.16.120.A clarify who is qualified to perform floodway analyses and how it should be completed. Additional language was added to section 17.16.1203 to allow for repairs, replacement, reconstruction, or improvements to existing farmhouses and historic structures without having to go through a formal variance process and is consistent with state law (WAC 173-158-075 and WAC 173-158-076). 17.16.130 Standards for shallow flooding areas (AO zones) The proposed revisions are consistent with the requirement to elevate to one foot above the BFE, but are applicable to shallow flooding areas where a BFE has not been defined. 17.16.140 Coastal high hazard areas This section was revised to address the requirement to elevate one foot above BFE requirement (or FPE), consistent with the IRC. Revisions were also made to reference the flood zone designations currently used by FEMA III. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION 1. The proposed ordinance has been revised to address the deficiencies found as a result of a Community Assistance Visit (audit) by FEMA. 2. Recommendations from the FCZDAC have been incorporated. 3. Revisions by staff have been incorporated to help improve administration of the code and to clarify code for easier use by all. 4. Language was added to demonstrate compliance with ESA. 5. Language was added to be consistent with State law. 6. The FCZDAC reviewed and discussed the revised code at their meetings on January 12, February 16, March 9 and April 20, 2017. At the April 20 meeting, they unanimously recommended approval of the revised version of the code with their recommended revisions. Two minor revisions based on the state's review, and revisions to enforcement and appeals proposed by Planning were made subsequently, and redistributed to the FCZDAC for their comment. No comments were received. 7. A determination of non -significance was issued July 25, 2017 under the State Environmental Policy Act. 8. Notice of the public hearing was published in the Bellingham Herald on October 10, 2017. IV. RECOMMENDATION The deadline for Whatcom County to remain in good standing with the NFIP and to have the revised code adopted is October 31, 2017. Failure to adopt an ordinance that is consistent with the minimum requirements of the NFIP and/or CFR's will jeopardize the County's ability to receive funding for projects and ultimately jeopardize the County's ability to participate in the NFIP which makes flood insurance available to the community. Furthermore, the proposed version of code also benefits the community by: Making it easier for property owners to qualify for ICC funding to help recover structures that have been substantially damaged by a flood. Allowing for wet floodproofing for agricultural structures. Providing further protection of critical facilities and all other structures from flood damage. -6- 37 Adding language for the protection of listed species and their habitat as necessary for compliance with ESA. Staff recommends that the County Council adopt the amendments to Title 17 as proposed. The State NFIP Coordinator has reviewed and approved these amendments to code for compliance with the NFIP and CFR's. VI. ATTACHMENTS 1. Whatcom County Title 17, Flood Damage Prevention -7- WM,A TCO44' Cn 117VTY CO [INC, TL A GENDA BILL NO. 2017-251 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: GSS 9112117 C\ /� (� �!_ \�'I 9126117 Natural Resources Division Head: GSS 9112117 SEP 19 2017 W �r.� zt die � @� COUNTY COUNCIL Dept. Head: 4117 Prosecutor: 09/es-/I7 Purchasing/Budget: Executive: TITLE OF DO UM NT: Follow-up discussion with Whatcom County Public Works regarding potential funding sources for Lake Whatcom programs. ATTACHMENTS. none 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.) As requested by Council, Public Works staff will provide additional information regarding potential funding sources for Lake Whatcom programs. 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. 39 WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2017 - 251 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Weimer 9/19/2017 9/26/2017 Nat Res / Council Division Head: Dept. Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT. Res -Develop special funding District for Lk Whatcom Watershed ATTACHMENTS: Resolution 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.) Resolution requesting the Executive develop a special funding district to fund water quality improvements in the unincorporated Lake Whatcom Watershed to provide local fees to be used in conjunction with other funding to address water quality concerns specific to Lake Whatcom no later than November 8, 2017. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #; Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Count 's website at: www.co.whatconz.wa.us/council. all PROPOSED BY: WEIMER INTRODUCTION DATE: SEPTEMBER 26, 2017 RESOLUTION NO. 2017- REQUESTING THAT THE EXECUTIVE DEVELOP A SPECIAL FUNDING DISTRICT TO FUND WATER QUALITY IMPROVEMENTS IN THE UNINCORPORATED LAKE WHATCOM WATERSHED WHEREAS, Lake Whatcom is the drinking water source for approximately 100,000 Whatcom County residents; and WHEREAS, in 1992 the City of Bellingham, Whatcom County, and the predecessor to the Lake Whatcom Water and Sewer District jointly formed the Lake Whatcom Management Program and thereby declared their intention to work together to protect and manage Lake Whatcom; and WHEREAS, Lake Whatcom was first listed on the 303(d) list of impaired water bodies under the federal Clean Water Act for low levels of dissolved oxygen and excessive levels of fecal coliform in tributaries in 1998; and WHEREAS, the Lake Whatcom Management Program coordinates actions of the member governments to improve the Lake, including, but not limited to reducing phosphorus and fecal coliform entering the Lake; and WHEREAS, a Total Maximum Daily Load (TMDL) Report of Findings for total phosphorus and fecal coliform in the Lake Whatcom Watershed was approved by the Washington State Department of Ecology (DOE) and the United States Environmental Protection Agency (EPA) in 2016; and WHEREAS, the TMDL requires the development of an implementation plan identifying measures to be taken by the City of Bellingham and Whatcom County to reduce total phosphorus and fecal coliform in Lake Whatcom, which will become incorporated into the National Pollutant Discharge Elimination System (NPDES) stormwater permit for western Washington when that permit is renewed; and, WHEREAS, as permittees, the City of Bellingham and Whatcom County have committed to substantial investments in stormwater infrastructure and private homeowner incentives to improve water quality; and WHEREAS, in 2017 Whatcom County approved an update to the Lake Whatcom Comprehensive Stormwater Plan that identifies specific projects to reduce phosphorus -laden runoff entering the Lake to fulfill the requirements in the TMDL implementation plan; and WHEREAS, Whatcom County has historically utilized county -wide funding sources to fund improvements that address water quality impacts originating from the unincorporated portion of the Lake Whatcom watershed; and WHEREAS, the City of Bellingham has funding mechanisms in place to fund improvements that address water quality impacts originating from the portion of the Lake Whatcom watershed within the Bellingham city limits; and 41 WHEREAS, fifteen special funding districts finance local improvements for drainage, flood control, and water quality improvement elsewhere in Whatcom County; and WHEREAS, Whatcom County Council Resolution 2014-015 created a Water Action Plan to steer the growth of water resource services, including greater reductions of phosphorus entering Lake Whatcom; and WHEREAS, the Council authorized additional expenditures from the Flood Fund to accommodate new water resource services; and WHEREAS, the long-term effect of continuing these additional expenditures is to diminish the Flood Fund balance unless preexisting services are reduced or additional revenues are secured; and WHEREAS, Resolution 2016-049 requested the County Executive to develop long-term deficit reduction alternatives that maintain or enhance current levels of service and authorized the expenditure of $40,000 in the 2017 FCZD budget to enable this work. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council request the County Executive to develop a special funding district in the unincorporated portion of the Lake Whatcom watershed to provide local fees to be used in conjunction with other funding to address water quality concerns specific to Lake Whatcom and bring forth an ordinance establishing such a district to the County Council for approval no later than November 8, 2017. ADOPTED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Barry Buchanan, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecutor 42 VHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-278 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: September 13, Nat. Resources Originator: CE 2017� Sept 26, 2017 Comm/ Council Division Head: 19 201? � Hill ,, 5 G LJ COUNCIL Dept. Head: Prosecutor: J,._ ' � Purchasing/Budget: Executive t N� TITLE OF DOC Resolution Authorizing hatcom County Purchase of Development Rights Administrator to proceed with acquisition of conservation easements on ranked applications 1 through 6 (Exhibit 1); to proceed with appraisal on Sigurdson application; and to authorize County Executive to sign grant agreement with NRCS ACEP-ALE for 2017 match funding awards. ATTACHMENTS: Memo, Resolution, Purchase of Development Rights 2017 Applicant Ranked list (Exhibit 1) NRCS Grant Agreement (Exhibit 2) 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.) As required by the WCC 3.25A - Purchase of Agricultural Development Rights Ordinance, applications submitted by landowners interested in participating in the PDR program were reviewed for program eligibility, ranked pursuant to the PDR Guidelines Document, Ranking Criteria, by the PDR Oversight Committee, and matching funds pursued. The ranking by the PDR Oversight Committee is now being submitted to Council. County Council needs to review the ranking as submitted by the Oversight Committee and affirm or modify that ranking list and authorize the PDR Administrator and County Executive to proceed with the acquisition process for ranked applications 1 through 6 on Exhibit 1. PDR program staff also request authorization to receive matching funds from the NRCS via the 2017 ACEP-ALE program, award identifying number 68-0546-17-521 (Exhibit 2). 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. A fa 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: Executive Louws, Honorable Councilmembers FROM: Chris Elder, PDR Program Administrator 66- THROUGH: Sam Ryan, Director, PDS DATE: September 13, 2017 J.E. "Sam" Ryan Director S E P 13 2017 JACK LOUWS COUNTY EXECUTIVE SUBJECT: Request for Authorization for Whatcom County Purchase of Development Rights Administrator to proceed with acquisition of agricultural conservation easements on ranked applications 1 through 6 (Exhibit 1); to proceed with appraisal on Sigurdson application; and to authorize County Executive to sign grant agreement (Exhibit 2) with Natural Resource Conservation Service (NRCS) to receive 2017 match funding awarded to Whatcom County through the Agricultural Conservation Easement Program - Agricultural Land Easement (ACEP-ALE). The Purchase of Development Rights Program continues to be successful in receiving high quality applications and matching funds to support purchase of agricultural conservation easements on these applications. At the August 25, 2017 Purchase of Development Rights Oversight Committee, staff received approval of the attached ranked list of PDR applications (Exhibit 1) and a recommendation to Council to authorize the Purchase of Development Rights Program Administrator and County Executive to move forward with the acquisition process on applications ranked 1 through 6. 50% matching funds have been secured for all 6 of these applications. Please note that the PDR Oversight Committee also recommended a pilot modification to the ranking criteria of the PDR Program Guidelines. Given that receipt of matching funds is a critical component of completing an agricultural conservation easement, the PDR Oversight Committee recommended adding 15 points to applications that have secured 50% matching funds. Thus, the attached rank list (Exhibit 1) is a more accurate representation of the priority applications for Whatcom County. In order to complete the acquisition process, staff requests authorization to hire an appraisal of the Sigurdson/Neptune Beach Investments LLC application and authorization for the County Executive to sign a grant agreement with the NRCS (Exhibit 2) to receive matching funds in the amount of $594,500. Thank you very much for your time, consideration, and support. SPONSORED BY: PROPOSED BY: Planning INTRODUCTION DATE: RESOLUTION # AFFIRMING THE PDR OVERSIGHT COMMITTEE RANKING AND AUTHORIZING WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS ADMINISTRATOR AND WHATCOM COUNTY EXECUTIVE TO PROCEED WITH THE ACQUISITION PROCESS FOR 2017 APPLICATIONS WHEREAS, Whatcom County government recognizes agriculture as a major contributor to the local economy and a high quality of life for Whatcom County citizens; and WHEREAS, The Growth Management Act and the County Comprehensive Plan support the retention of agricultural lands of long term commercial significance and encourage the use of innovative techniques to do so; and WHEREAS, Ordinance #92-002 enacted a property tax levy known as the Conservation Futures Tax as authorized by RCW 84.34.230 to provide a funding source to assist in acquiring "open space land, farm and agricultural land, and timber land, and a significant Conservation Futures fund balance is available for additional farm land protection efforts ;" and WHEREAS, Ordinance #2002-054 adopted Whatcom County Code Title 3.25A that authorized the creation of a Purchase of Development Rights (PDR) program that offers voluntary farm agreements that include the purchase of agricultural conservation easements on farmable land within Whatcom County, and WHEREAS, Ordinance #2002-054 and WCC 3.25A established a Purchase of Development Rights Oversight Committee to provide review and assistance to the PDR Administrator, and WHEREAS, The Whatcom County Council adopted the PDR Guidelines Document through Resolution #2002-040 which includes specific direction for program administration and conservation easement acquisitions, and WHEREAS, The Purchase of Development Oversight Committee met on August 25, 2017 to develop a ranking of all applications received to date and forwarded that ranking to Council; and WHEREAS, Council, pursuant to PDR Guidelines Document, must affirm or modify the properties as submitted by the PDR Oversight Committee, and WHEREAS, Council has reviewed the application ranking and background materials at a public meeting, with input by County staff and PDR Oversight Committee members, and WHEREAS, Council has determined the ranking in accordance with their policy priorities and the requirements of Title 3.25A and the PDR Guidelines Document, and C\Planning DivisionTong Range Planning\PDR Program\Applicants 2017\Council_Executive\20170926_County Council Meeting\20170926_PDR Ranking Resolution.doex 45 WHEREAS, Council passed resolution 2015-032 & 2016-029 authorizing the PDR Administrator to acquire title and appraisal services for applicants Broad Leaf Farm (previously Williams 1), Carbee, Brar, Greenwood, and Sidhu, and WHEREAS, The Nooksack Tribe acquired title and appraisal services for applicant Jacoby, and WHEREAS, The PDR Administrator has contracted appraisal services for all properties listed above, and NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that: 1. The Executive is authorized to sign grant agreement 68-0546-17-521 (Exhibit 2) with the Natural Resource Conservation Service to receive matching funds in the amount of $594,500 to support acquisition of the Carbee, Greenwood, Brar, and Sigurdson/Neptune Beach Investments LLC conservation easements. 2. The PDR Oversight Committee and Administrator proceed with the acquisition of title search and appraisal services of the Sigurdson/Neptune Beach Investments LLC property pursuant to the process outlined in the PDR Guidelines Document. 3. The PDR Oversight Committee and Administrator proceed with the acquisition of six (6) conservation easements in the order of the approved ranking (Exhibit 1) pursuant to the process outlined in the PDR Guidelines Document. 4. The Executive is authorized to enter into Purchase and Sale Agreements (for #s 1 through 6 listed in Exhibit 1), provided: a. Appraisals are completed and conservation easements are drafted which meet the requirements of the Whatcom County Purchase of Development Rights program, and b. Landowners have agreed to the offer price and conservation easement conditions. 5. Expenditure of Conservation Futures Funds are authorized to cover expenses associated with purchase of conservation easements, including title search and insurance, appraisal services and Whatcom Land Trust fees. APPROVED this day of 12017 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Dana Brown -Davis, Council Clerk Barry Buchanan, Chairperson APPROVED as to f Civil D 46-oar 1APlanning DivisionTong Range Planning\PDR Program\Applicants 2017\Council_Gxecutive\20170926_County Council Meeting\20170926_PDR Ranking Resolution.docx 46 } 2 } { \ \ } } \ \ } } } ( { { fE - ) )� { / 47 ;) !\ \t-& ;) !k LU 7) \ \� \\ \/ \\zm \\ \) \) \ // // z 2 \\ \\ \2 \ \/� � \� -- J J J a $»0 E \ -� ~0 \ \ \ \ \ \ 0 3 / \ \ \ \ \ \ \ 0 - § {E )k \ §# )\ ° § 2 _ 2 k / 075 ! ) a 0 - w , m m Jr) LL ]#« : / ! » 2 ;2� CL § 2 I + $ � J k o 0 !: o \ ; m � f § , } =§ _ a 2 CL E § \ 3 2 x ® ! u a- EXHIBIT 2 Grant Agreement #68-0546-17-521 Natural Resource Conservation Service and Whatcom County i• U.S. Department of Agriculture Natural Resources Conservation Service NOTICE OF GRANT AND AGREEMENT AWARD NRCS-ADS-093 7/2012 1. Award Identifying Number 2. Amendment No. 3. Award/Project Period 4. Type of Award Instrument 68-0546-17-521 n/a Date of final NRCS signature - 8/31/2020 Cooperative 5. Agency: Natural Resources Conservation Service (NRCS) 6. Recipient Organization: (Name and Address) (Name and Address) Whatcom County, 5280 Northwest Drive NRCS - Washington State Office Bellingham, WA 98226 316 W. Boone Ave., Suite 450 DUNS: Spokane, WA 99201 060044641 JEIN: 1-6001383 7. NRCS Program Contact: 8. NRCS Administrative Contact: 9. Recipient Program 10. Recipient Administrative Kreft, Dave Contact: Contact: Chris Elder Chris Elder dave.kreft@wa.usda.gov (360) 778-5932 CElder&o.whatcom.wa.us 11. CFDA Number 12. Authority 13. Type of Action 14. Project Director 10.931 ACED Section 2301 of the Agricultural Act of 2014 (Public Law I13-79) i. New Agreement 15. Project Title/Description: ACEP-ALE FY16 - NEST#: 640546170INRO Complete agreement includes this NRCS-ADS-093 (NOA) and attachments: A -Statement of Work, Attachment X:SOW & Y:GTC & A: List of Land Easement Parcels 6. Entity Type: Profit _Nonprofit _Higher Education Other 17. Select Funding Type: F71 Federal 57� Non -Federal Original Funds Total: $ 594,500.00 $ 594,500.00 Additional Funds Total: Grand Total: $ 594,500.00 $ 594,500.00 19. APPROVED BUDGET Federal X'�LState/Local Indian/Native American 18. Accounting and Appropriation Data Financial Code Amount Fiscal Year Treasury Symbol NR.SI.ACEA.53.0000.17 XxF $ 594,500.0012017 J12X1004 Personnel $ Fringe Benefits $ Travel $ Equipment $ Supplies $ Contractual $ Construction $ Other $ 594,500.00 Total Direct Cost\ $ 594,500.00 Total Indirect Cost $ 0.00 Total Non -Federal Funds $ 594,500.00 Total Federal Funds Awarded $ 594,500.00 Total Approved Budget 1,189,000.00 This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to act on behalf of the awardee organization, agrees that the award is subject to the applicable provisions of this agreement (and all attachments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by NRCS to have been overpaid, will be refunded or credited in full to NRCS. Page l RX U.S. Department of Agriculture Natural Resources Conservation Service NRCS-ADS-093 7/2012 (continuation) NOTICE OF GRANT AND AGREEMENT AWARD Award Identifying Number 68-0546-17-521 Amendment No. n/a Award/Project Period Date of final NRCS signature - 8/31/2020 Type of Award Instrument Cooperative Name and Title of Authorized Government Representative Signature Date Roylene Rides At The Door, State Conservationist Name and Title of Authorized Recipient Representative Signature Date Jack Louws, Whatcom County Executive NONDISCRIMINATION STATEMENT The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. PRIVACY ACT STATEMENT The above statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. Section 522a). Page 2 51 INSTRUCTIONS FOR NOTICE OF GRANT/AGREEMENT AWARD l . Award Identifying Number: Agreement number 2. Amendment No.: Amendment number (if applicable) 3. Award/Project Period: Start and end date of project 4. Type of Award Instrument: Cooperative, Grant, or Contribution 5. Agency: Name, Address, City, State, ZIP Code 6. Recipient Organization: Name, Address, City, State, ZIP Code, DUNS (Data Universal Numbering System), and EIN (employee identification number) 7. NRCS Program Contact: Name and contact information of person to be contact on matters involving the programmatic aspects of the agreement 8. NRCS Administrative Contact: Name and contact information of person to be contact on matters involving the administrative aspects of the agreement 9. Recipient Contact: Name and contact information of person to be contact on matters involving the technical aspects of the agreement 10. Recipient Administrative Contact: Name and contact information of person to be contact on matters involving the administrative aspects of the agreement 11. CFDA Number: The Catalog of Federal Domestic Assistance number under which assistance is requested 12. Authority: Authority under which the agreement is entered into 13. Type of Action: Select one type of action: i. New Agreement. —Agreement awarded for the first time ii. Amendment/Revision.—Any change in financial obligation or deliverables iii. Extension. —Extend performance period 14. Project Director: Name and contact information of project director or principal investigator (if applicable) 15. Project Title/Description: Brief description of the purpose of the agreement 16. Entity type: Type of recipient 17. Funding: Federal amount of the award and the non -Federal to be contributed to the project 18. Accounting/Appropriation Date: Provide the following: i. Financial Code. —Accounting classification code ii. Amount. —Self explanatory iii. Fiscal Year. —Self explanatory iv. Treasury symbol. —Self explanatory 19. Approved Budget: Totals for each budget category Page 3 52 Award Identifying Number: 68-0546-17-521 NEST Agreement Number: 5405461701NR0 STATEMENT OF WORK to COOPERATIVE AGREEMENT between THE COMMODITY CREDIT CORPORATION and the WHATCOM COUNTY for the AGRICULTURAL CONSERVATION EASEMENT PROGRAM AGRICULTURAL LAND EASMENTS This Cooperative Agreement is entered into by and between the United States Department of Agriculture (USDA) Natural Resources Conservation Service (MRCS), on behalf of the Commodity Credit Corporation (CCC), and WHATCOM COUNTY (hereinafter whether singular or plural ENTITY) for the purchase of agricultural land easements (ALE) under the Agricultural Conservation Easement Program (ACEP). The CCC will utilize the expertise and services of NRCS to perform its duties identified in this Cooperative Agreement. The term "Parties" as used herein refers collectively to NRCS and the ENTITY. L AUTHORITY NRCS enters this Cooperative Agreement under the authorities of the Commodity Credit Corporation Charter Act, 15 U.S.C. Section 714 et seq., the Agricultural Conservation Easement Program, subtitle H of title XII of the Food Security Act of 1985, 16 U.S.C. Section 3865 et seq., and the Federal Grant and Cooperative Agreement Act of 1977, 31 U.S.C. Section 6304 et seq. This Cooperative Agreement will be administered in accordance with the policies and procedures set forth in the ACEP regulation (7 CFR Part 1468) and uniform regulation for grants and agreements in 2 CFR Parts 25, 170, 200 and 400. WHATCOM COUNTY enters this Cooperative Agreement under the authorities of RCW 64.104.130, RCW 84.34.230 and Whatcom County Ordinance No. 2002-054. II. PURPOSE This Cooperative Agreement stipulates the terms and conditions under which NRCS will provide ACEP cost -share assistance to the ENTITY. The ENTITY has signed the Notice of Grant and Agreement Award acknowledging that the award is subject to the terms and conditions of this Cooperative Agreement and all applicable laws, regulations, and policy. THEREFORE, the Parties agree to enter into this Cooperative Agreement to purchase agricultural land easements from eligible landowners (Grantors) to protect the agricultural use, future viability, and related conservation values of eligible land by limiting nonagricultural uses of that land or to protect grazing uses and related conservation values by restoring and conserving eligible land. The Parties have identified these eligible lands on attachments to this Cooperative Agreement as Parcels, herein referred to collectively as "Parcels" or individually as "Parcel." III. OBLIGATION OF FUNDS A. Upon execution of this Cooperative Agreement, NRCS will make cost -share assistance available up to the amount specified on the Notice of Grant and Agreement Award for the acquisition by the ENTITY of agricultural land easements on the Parcels listed on attachments to this Cooperative Agreement. To receive this cost -share, the ENTITY must close the agricultural land easements and request payment of the NRCS cost -share in accordance with section VII of this Cooperative Agreement. NRCS Representative Initial Entity Representative Initial W Award Identifying Number:68-0546-17-521 NEST Agreement Number: 5405461701NR0 B. NRCS may make additional cost -share assistance available in future fiscal years through the execution of mutually acceptable amendments to this Cooperative Agreement that identify the additional cost -share assistance amount, the additional funded Parcels, and the terms and conditions of the funding if different from the terms and conditions identified herein, as provided in section IX.D. C. Upon mutual agreement of the Parties and execution of an amendment, as provided in section IX.D, NRCS may allow substitution of Parcels at any time, provided the Parcels are of comparable conservation value as determined by the NRCS. D. This Cooperative Agreement will be for a term of 3 years and not to exceed 5 years. The ENTITY must meet each performance schedule deadline in table 1 unless the ENTITY requests and NRCS grants an extension in writing prior to the original deadline. The performance schedule deadlines for an individual attachment may be extended for one consecutive 12-month period, as provided in section IX.B. Should the ENTITY not meet the performance schedule deadlines, NRCS may release any remaining funds from this Cooperative Agreement. Table 1 — Performance Schedule FY of Fund Obligation Attachment Closing Payment Attachment (Attachment) Listing Deadline Request Expiration Parcels Deadline Deadline 2017 A March 31, 2019 July 31, 2019 August 31, 2019 2018 B March 31, 2020 July 31, 2020 August 31, 2020 E. Requests for an extension to the attachment expiration deadline must be submitted by the ENTITY to NRCS 30 days in advance of the attachment expiration date. F. Nothing in this document obligates NRCS or the ENTITY to purchase all or any of the agricultural land easement Parcels listed in the attachments. IV. FEDERAL SHARE Based on a determination by NRCS that the ENTITY has satisfied the terms and conditions of this agreement, NRCS will pay the ENTITY a cost -share amount for the purchase of each agricultural land easement acquired by the ENTITY. The Federal share will not exceed 50 percent of the fair market value of the agricultural land easement as determined using one of the methods set forth in 7 CFR § 1468.24. V. COOPERATING ENTITY'S CONTRIBUTION A. The ENTITY will contribute an amount for the easement purchase at least equivalent to the Federal share. The ENTITY may include as part of its contribution a charitable donation or qualified conservation contribution (as defined by section 170(h) of the Internal Revenue Code of 1986) from the eligible landowner if the ENTITY contributes its own cash resources in an amount that is at least 50 percent of the amount contributed by NRCS. If the NRCS State Conservationist has waived a portion of the ENTITY cash contribution requirement for individual projects of special significance, the Parcels receiving the waiver will be identified in the attachment and the ENTITY will provide a copy of the approved waiver at the time payment is requested. The ENTITY's reduced contribution of its own cash resources for projects of special significance will be in an amount at least [SELECT ONE: 25 or 10] percent of the Federal share. B. The ENTITY must self -certify on NRCS Form 230, "Confirmation of Matching Funds" (exhibit 4), that the ENTITY's contribution of its own cash resources has not come from additional donations, payments, loans, or fees made by or charged to the Grantor of the agricultural land easement, 2 NRCS Representative Initial Entity Representative Initial 54 Award Identifying Number: 68-0546-17-521 NEST Agreement Number: 5405461701 NR0 immediate family members, or organizations controlled by or funded by the Grantor, either through formal or informal agreements. The ENTITY must provide a completed NRCS Form 230 to NRCS for a Parcel prior to the closing or an advance of funds for that Parcel. VI. PAYMENTS A. The ENTITY must meet the terms and conditions set forth in this agreement and provide NRCS with the items identified in this section and section VII in order to receive the Federal share for a Parcel. B. The ENTITY may request payment of the Federal share as reimbursement after closing or as an advance payment prior to closing of an agricultural land easement on a Parcel. C. To obtain reimbursement or an advance payment of the Federal share, the ENTITY will submit the Form SF-270 (Request for Advance/Reimbursement of Funds (exhibit 5)), the SF-270 supplement for noncertified eligible entities (exhibit 6), and the information and documentation required by the supplement to the NRCS contact named on the Notice of Grant and Agreement Award. The ENTITY may submit the SF-270 payment request package: 1. 60 days prior to the planned closing date when a payment is to be issued at closing (advance payment); 2. After the agricultural land easement has been recorded and the landowners have been paid (reimbursement); or 3. On a quarterly basis for each quarter that agricultural land easements have been recorded and the landowners have been paid (reimbursement). C. ENTITY will maintain current registration in the Dun and Bradstreet Data Universal Numbering System (DUNS) and meet the System for Award Management (SAM) registration requirements or successor registry for the duration of this Cooperative Agreement. D. NRCS will disburse payment following receipt of a fully complete and correct SF-270 payment request package from the ENTITY within 30 days if the Federal share for the individual easement is less than $250,000 and within 60 days if the Federal share for the individual easement is $250,000 or greater. E. If NRCS provides an advance payment the ENTITY will obtain a receipt for the Federal funds from the closing agent and provide it to NRCS prior to closing. The ENTITY will ensure the closing agent does not hold the Federal funds in escrow for more than 30 calendar days. If closing does not occur within 30 calendar days of advance payment, the ENTITY will ensure the Federal funds and any interest earned on those funds while in escrow are returned to NRCS by the 31 st calendar day. The ENTITY must ensure that the Federal funds are fully insured while held in escrow. VII. RESPONSIBILITIES A. ENTITY Responsibilities: 1. ENTITY must purchase agricultural land easements on eligible land from eligible landowners for the Parcels identified on the attachments to this Cooperative Agreement consistent with the requirements identified in this Agreement. ACEP agricultural land easements are conservation easements conveyed for the purpose of protecting natural resources and the agricultural nature of the land and permit the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan, as specified in in this part. 2. ENTITY must, ensure that agricultural land easements acquired with funds made available under this Cooperative Agreement and that the deeds satisfy the following requirements: a. Contain the "Minimum Terms for the Protection of Agricultural Use", attached to this Cooperative Agreement as exhibit 7 (ALE Minimum Deed Terms). The ENTITY is authorized to use its own terms and conditions in the agricultural land easements so long as the ENTITY's additional language does not alter or defeat the intent, purpose, or effective NRCS Representative Initial Entity Representative Initial 55 Award Identi lying Number: 68-0546-17-521 N]"ST Agreement Number: 5405461701NR0 enforcement by the Parties of the ALE minimum deed terms, the Agricultural Conservation Easement Program, or the agricultural land easements acquired under this Cooperative Agreement. b. Address all of the minimum deed requirements identified at 7 CFR § 1468.25(d); c. Address the disposition of the agricultural land easement and the Federal share in the event the agricultural land easement is ever extinguished, terminated, or condemned in whole or in part. d. Are conveyed for the purpose of protecting natural resources and the agricultural nature of the land; e. Run with the land in perpetuity or where State law prohibits a permanent easement, for the maximum duration allowable under State law; f. Protect the agricultural use, future viability, and related conservation value, of the Parcels by limiting nonagricultural uses of that land or protect grazing uses and related conservation values by restoring and conserving eligible land, including grasslands of special environmental significance; g. Provide for the administration, management, and enforcement of the agricultural land easement by the ENTITY or its successors and assigns; h. Permit effective enforcement of the conservation purposes of such easements; and i. Subject the Parcel to an agricultural land easement plan that meets the requirements of this Section. The ENTITY has the following three options for ensuring that the agricultural land easement contains the ALE Minimum Deed Terms required in paragraph VII.A.2 above: a. Attach the ALE Minimum Deed Terms Addendum as an Exhibit to the Agricultural Land Easement Deed. Under this option the ENTITY does not need to have the entire agricultural land easement deed reviewed by NRCS, instead NRCS at the State level will verify prior to the ENTITY requesting an advance of the Federal share or closing on an agricultural land easement that the ENTITY satisfies all of the following requirements: (i) The ALE Minimum Deed Terms addendum is signed by the landowner and the ENTITY and will be attached to the agricultural land easement deed at the time of closing and recordation; (ii) The terms of the ALE Minimum Deed Terms addendum are not modified; and (iii) The paragraph below is inserted at the bottom of the agricultural land easement deed: This Agricultural Land Easement is acquired with funds provided, in part, by the Agricultural Conservation Easement Program, (ACEP). The EXHIBIT is attached hereto and incorporated herein by reference and will run with the land in perpetuity for for the maximum duration allowed under applicable State laws]. As required by 16 U.S. C. Section 3865 et seq. and 7 CFR Part 1468, and as a condition of receiving ACEP ,funds, all present and future use of the Protected Property identified in EXHIBIT is and will remain subject to the terms and conditions described forthwith in this Addendum entitled Minimum Terms For The Protection Of Agricultural Use in EXHIBIT that is appended to and made a part of this easement deed. b. Incorporate the ALE Minimum Deed Terms into the Body of the Agricultural Land Easement Deed. Under this option, the ENTITY shall ensure the terms as stated in in the ALE Minimum Deed Terms addendum are included in the body of the agricultural land easement deed. The ALE Minimum Deed Terms may be formatted to select options where instructed, conform terms to deed formatting, complete terms with required information, and delete instructions to drafters. Each individual agricultural land easement deed must be reviewed and approved by 0 NRCS Representative Initial Entity Representative Initial WO Award Identifying Number: 68-0546-17-521 NEST Agreement Number: 540546170INRO NRCS National Headquarters prior to the ENTITY requesting an advance of the Federal share or closing on an agricultural land easement. c. Entity Agricultural Land Easement Deed Template Approved by NRCS. Upon mutual agreement of the Parties, the Cooperative Agreement may be amended to replace or supplement the attached exhibit 7 with an agricultural land easement deed template to be used for every Parcel listed on attachments to this Cooperative Agreement. The terms and conditions of the agricultural land easement deed template must contain the ALE minimum deed terms as stated and must be approved by NRCS National Headquarters in advance of the amendment. If the ENTITY uses the approved NRCS NHQ-approved deed template without changing any terms or conditions, then the ENTITY is not required to obtain NRCS NHQ review and approval of the individual, final agricultural land easement deeds. NRCS at the State level will verify prior to the ENTITY requesting an advance of the Federal share or prior to closing on an agricultural land easement that the individual, final agricultural land easement deed is the same as the NHQ-approved template. 4. The ENTITY must provide to NRCS a copy of the agricultural land easement deed and all exhibits at least 90 days before the planned closing date. S. NRCS may require adjustments to the provisions identified in paragraph VII.A.2 above and require the addition of other provisions if NRCS determines that they are necessary to meet the purposes of ACEP and protect the conservation values of the Protected Property. 6. The ENTITY must perform necessary legal and administrative actions to ensure proper acquisition and recordation of valid agricultural land easements. 7. The ENTITY must pay all costs of agricultural land easement acquisition and will operate and manage each agricultural land easement in accordance with its easement program, this Cooperative Agreement, 16 U.S.C. Section 3865 et seq. and applicable regulations. NRCS will have no responsibility for the costs or management of the agricultural land easements purchased by the ENTITY unless NRCS exercises the rights of the United States under an agricultural land easement. 8. NRCS is not responsible for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the ENTITY in connection with its acquisition or management of the agricultural land easements acquired pursuant to this Cooperative Agreement. This includes but is not limited to acts and omissions of the ENTITY agents, successors, assigns, employees, contractors, or lessees that result in violations of any laws and regulations that are now or that may in the future become applicable. 9. The ENTITY must prepare a baseline documentation report documenting the condition of the Parcel as of the time the easement is acquired and include a completed baseline documentation report in the payment request package submitted to NRCS pursuant to part VI. The baseline documentation report must contain maps, full descriptions and pictures of the Parcel location, existing structures and infrastructure, land use, land cover and its condition, and any special features for which the Parcel is being protected. The ENTITY must provide NRCS a draft baseline documentation report at least 90 days before the planned closing date of the agricultural land easement deed. 10. ENTITY must ensure completion of an agricultural land easement plan for each Parcel that must: a. Meet the requirements for an agricultural land easement plan specified in 7 CFR § 1468.26(a); b. Describe the activities that promote the long-term viability of the land to meet the purposes for which the Parcel was selected; c. Identify required or recommended conservation or management practices or activities that address the purposes and resource concerns for which the Parcel was selected; d. Require the management of any grasslands according to a grassland management plan or forest lands that exceed the greater of 40 acres or 20 percent of the Parcel according to a forest management plan; NRCS Representative Initial Entity Representative Initial 57 Award Identifying Number: 68-0546-17-521 NEST Agreement Number: 5405461701 NRO e. Require a conservation plan that meets the requirements of 7 CFR Part 12 for any highly erodible cropland; and f. Require, if specified prior to closing, the conversion of highly erodible cropland to less intensive uses. 11. ENTITY will choose one of the options below for completing the agricultural land easement plan by initialing the appropriate box when signing this Cooperative Agreement. (Initial only one option): 0 a. ENTITY requests that NRCS personnel complete the agricultural land easement plan and ENTITY will coordinate with NRCS State office and landowner to ensure that the plan is completed and signed by the landowner prior to closing. 0 b. ENTITY will complete the agricultural land easement plan without the assistance of NRCS personnel and at its own expense. ENTITY will ensure the plan meets NRCS standards and specification or other applicable industry standards. ENTITY will provide the plan to NRCS at least 90 days prior to the planned closing date and must obtain NRCS approval of the plan prior to closing. ENTITY will ensure NRCS has authorized access to the property and landowner if needed to review and approve plans prepared using this option. ENTITY will ensure the approved plan is signed by the landowner prior to closing. 12. In acquiring agricultural land easements, the ENTITY will ensure that the title to the lands or interests therein will be unencumbered or that outstanding or reserved interests are subordinated to the agricultural land easement. The ENTITY and NRCS will review the title commitment to ensure there are no encumbrances that would allow nonagricultural uses of the property that are not acceptable to the ENTITY and NRCS. The ENTITY must provide NRCS a copy of the title commitment or title report, a summary of the ENTITY title review findings, and any other requested documentation related to title at least 90 days before the planned closing date. Any exceptions to the requirement to remove or subordinate outstanding or reserved interests must be consistent with this Cooperative Agreement, 16 U.S.C. Section 3865, and applicable regulations, and approved by NRCS and documented on the certificate of use and consent. 13. The ENTITY must secure proper title evidence and insurance using an owner's American Land Title Association (ALTA) policy with the ENTITY listed as the insured on the policy and the policy issued for the full amount of the agricultural land easement purchase price. 14. The ENTITY must obtain a determination of the fair market value of the agricultural land easement for each Parcel at its own cost using one of the methods set forth in 7 CFR § 1468.24. Individual appraisals conducted by a certified general appraiser that conform to the NRCS Appraisal Specifications provided as exhibit 8 and either the Uniform Standards of Professional Appraisals Practices (USPAP) or the Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference, 2000) (USFLA). The effective date of the appraised value must be within 6 months prior to or after the date the Parcel is added to this agreement as a funded Parcel or within 12 months of the closing date of the agricultural land easement on the Parcel. Use of fair market valuation methodologies other than individual USPAP or UASFLA appraisals must be approved by NRCS in writing prior to entering into this Cooperative Agreement. 15. The ENTITY must provide the appraiser the NRCS appraisal specifications (exhibit 8) and all of the items required to be provided by the ENTITY as identified in the NRCS appraisal specifications. The ENTITY must receive a separate appraisal report for each funded Parcel identified on an attachment. Under no circumstances may the ENTITY allow the landowner to approve or disapprove of the appraiser selected to prepare the appraisal report. The landowner may not be listed as the client. 16. The ENTITY must provide NRCS a completed appraisal report at least 90 days before the planned closing of the agricultural land easement so that NRCS may conduct a technical review of the appraisal. The ENTITY may not close the agricultural land easement until the technical reviewer 0 NRCS Representative Initial Entity Representative Initial F1:1 Award Identifying Number: 68-0546-17-521 NEST Agreement Number: 5405461701 NRO approves the appraisal report. If the ENTITY closes the agricultural land easement prior to the approval of the appraisal by the technical reviewer NRCS may not provide the Federal share for the agricultural land easement and may terminate this agreement. 17. The ENTITY may not use ACEP funds to acquire an easement on a property in which the ENTITY's employee or board member with decision -making involvement in easement acquisition and management matters has a property interest or whose immediate family member or household member has a property interest. The ENTITY agrees to conduct itself in a manner so as to protect the integrity of agricultural land easements it holds and avoid the appearance of impropriety or actual conflicts of interest in its acquisition and management of agricultural land easements. 18. The ENTITY may not at any time, when the ENTITY is named as a Grantee on the agricultural land easement, seek to acquire the remaining fee interest in the Parcel. Likewise, if the ENTITY enters into an agreement with another entity to manage or monitor the agricultural land easement, and that entity seeks to acquire the underlying fee, the ENTITY agrees to immediately terminate such agreement and arrange for an uninterested party to manage or monitor the Parcel. 19. The ENTITY must implement easement enforcement procedures when a violation of the agricultural land easement or agricultural land easement plan is identified by or reported to the ENTITY. ENTITY enforcement procedures resulting from a violation of a conservation plan can only be initiated after all administrative and appeal rights have been exhausted by the landowner in accordance with 7 CFR Part 12 and 7 CFR Part 614. 20. The ENTITY must submit a completed Federal Financial Report Standard Form 425 (FFRs) (exhibit 2) to the NRCS State office at least 5 business days prior to the end of each fiscal quarter (December 31, March 31, June 30, and September 30) for each quarter the ENTITY closes an agricultural land easement on a Parcel. Reports must be submitted on an accrual accounting basis. Failure to submit complete reports in accordance with the above schedule may result in suspension or termination of the Cooperative Agreement. A final FFR must be submitted no later than 90 days after the end date of the Cooperative Agreement. 21. At a minimum, the ENTITY must monitor every agricultural land easement on an annual basis to ensure and document compliance with the easement deed and agricultural land easement plan provisions. Each year the ENTITY will submit the annual monitoring report for that year to the appropriate NRCS State office in the format required by NRCS. 22. Nongovernmental organizations must continue to meet the definition of nongovernmental organization in 7 CFR § 1468.3 for the entire term of this agreement. 23. This paragraph and paragraphs 2, 7, 8, 9, 10, 17, 18, 19, 20, and 21 of this section VII.A will survive the closing of the agricultural land easement and the termination or expiration of this Cooperative Agreement. B. NRCS Responsibilities: 1. The United States, by and through NRCS, will review applications submitted by the ENTITY, determine land and landowner eligibility, rank eligible applications, obtain and review a hazardous substance record search, conduct an onsite visit, and authorize Parcels to be added to the attachments to this Cooperative Agreement as tentatively selected for funding or as substitutes. 2. NRCS will provide technical and other services as requested and to the extent resources allow to assist in developing an agricultural land easement plan that meets ACEP requirements and NRCS standards and specifications or other applicable industry standards. 3. NRCS will manage the funds obligated to this Cooperative Agreement and subject to the availability of funds, disburse the appropriate funds to the ENTITY in accordance with this Cooperative Agreement. 4. After the required materials have been submitted by the ENTITY, prior to closing, NRCS will: 7 NRCS Representative Initial Entity Representative Initial 59 Award Identifying Number: 68-0546-17-521 NEST Agreement Number: 5405461701NR0 a. Review the agricultural land easement deed based on the option selected by the ENTITY for incorporating the ALE minimum deed terms, and provide the ENTITY with any approval instructions or items requiring resolution, b. Review the title documents submitted by the ENTITY, complete a certificate of use and consent, and provide the findings to the ENTITY for information or remedy as necessary, c. Conduct a technical review of the appraisal submitted by the ENTITY and provide the findings to the ENTITY for information or resolution as necessary, d. As requested by the ENTITY, either develop or review the agricultural land easement plan and identify any items for resolution to the ENTITY, e. Review the draft baseline documentation report provided by the ENTITY and notify the ENTITY if additional information is needed; and f. Review and provide notice of determination on any waiver requests submitted by the ENTITY in accordance with ACEP policy. g. After NRCS reviews are completed and the materials are determined acceptable, provide the ENTITY with an "Approval for a Non -Certified Eligible Entity to Proceed with the ALE Acquisition" letter and the NRCS-signed "Confirmation of Matching Funds. If an advance payment is requested, NRCS will also provide a copy the NRCS closing agent requirements to the ENTITY. 6. Prior to NRCS disbursement of funds, the NRCS State Conservationist will verify that the ENTITY has provided all documentation, certifications and information required by sections VI and VII.A. NRCS will conduct an internal review the SF-270 payment request package in accordance with NRCS easement acquisition internal controls policy. The NRCS State office will submit a copy of the payment request package for national review and approval for all agricultural land easement payments that meet the national review threshold. Complete payment request packages for national review must be submitted by NRCS at the State level to NRCS NHQ no less than 30 days before the planned closing date. 7. NRCS will certify payment and disburse funds, for Parcels listed as funded on the attachments to this Cooperative Agreement when the ENTITY has requested payment by the payment request deadline and acquired agricultural land easements on the funded Parcels by the closing deadline, consistent with the requirements of the this agreement. 8. NRCS will review the annual monitoring reports provided by the ENTITY to ensure monitoring is conducted annually and reports are sufficient and submitted to NRCS annually for every NRCS- funded conservation easement held by the ENTITY. Vill. PUBLIC INFORMATION A. The ENTITY agrees to acknowledge NRCS cost -share assistance in any public outreach materials or events related to agricultural land easements acquired pursuant to this Cooperative Agreement and to provide draft copies of such information to the NRCS State office for review and comment before public release. B. The ENTITY agrees to comply with NRCS guidelines and requirements regarding the disclosure of information protected under Federal law, including section 1244 of the Food Security Act of 1985, 16 U.S.C. Section 3844, and section 1619 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), 7 U.S.C. Section 8791. IX. GENERAL PROVISIONS A. This Cooperative Agreement constitutes financial assistance and, therefore, all Federal laws, regulations, and Executive orders applicable to Federal financial assistance, including but not limited to 2 CFR Parts 25, 170, 200, and 400. NRCS Representative Initial Entity Representative Initial C:1i1 Award identifying Number: 68-0546-17-521 NEST Agreement Number: 5405461701NR0 B. It is the intent of NRCS to fulfill its obligations under this Cooperative Agreement. However, NRCS may not make commitments in excess of funds authorized by law or made administratively available. If NRCS cannot fulfill its obligations under this Cooperative Agreement because of the unavailability of funds, this Cooperative Agreement will automatically terminate. C. No assignment, in whole or in part, will be made of any right or obligation under this Cooperative Agreement without the joint approval of both NRCS and the ENTITY. Nothing herein will preclude NRCS or the ENTITY from entering into other mutually acceptable arrangements or agreements, except as identified in section VII.A.18 of this Cooperative Agreement. Such documents will be in writing, will reference this Cooperative Agreement, and will be maintained as part of the official Cooperative Agreement file. D. This Cooperative Agreement may be amended or modified by written amendment signed by the authorized officials of the NRCS and the ENTITY. E. NRCS may terminate this Cooperative Agreement if NRCS determines that the ENTITY has failed to comply with the provisions of this Cooperative Agreement or if it determines that it is in the best interests of the Federal Government to terminate. In the event that this Cooperative Agreement is terminated for any reason, the financial obligations of the Parties will be as set forth in 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." F. If any recipient of Federal funds under this Cooperative Agreement fails to comply with the terms and conditions of this Cooperative Agreement, NRCS reserves the right to wholly or partially recapture funds provided in accordance with applicable regulations. X. ATTACHMENTS and EXHIBITS Signature Page - NRCS-ADS-093, Notice of Grant and Agreement Award Attachment A — List of Agricultural Land Easement Parcels funded by NRCS Exhibit 1 — NRCS General Terms and Conditions — Grants and Cooperative Agreements Exhibit 2 — Standard Form 425 (SF-425), "Federal Financial Report" Exhibit 3 — Representation Regarding Felony Convictions and Tax Delinquent Status for Corporate Applicants (AD-3031) (applicable to corporate eligible entities only) Exhibit 4 - NRCS Form 230, "Confirmation of Matching Funds" Exhibit 5 - SF-270, "Request for Advance/Reimbursement of Funds" Exhibit 6 - SF-270 Supplement for Noncertified Eligible Entities Exhibit 7 - Minimum Terms for the Protection of Agricultural Use (ALE Minimum Deed Terms addendum) Exhibit 8 - Appraisal Specifications 0 NRCS Representative Initial Entity Representative Initial 61 aj O U o U ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ N U Q a z z z z z o 0 o O W z Cd b o 0 0 Cd U kn W U J O O O O N O O O O GO O d O tr) WW U a a rA rA z CIS 0 x U Cd Cd z I cd Y ci IN C• u ?. N � y C U z w 63 REVISED JUNE 2017 Agreement No.: 68-0546-17-521 Exhibit 1 NATURAL RESOURCES CONSERVATION SERVICE U.S. DEPARTMENT OF AGRICULTURE GENERAL TERMS AND CONDITIONS GRANTS AND COOPERATIVE AGREEMENTS I. APPLICABLE REGULATIONS a. The recipient, and recipients of any subawards under this award, agree to comply with the following regulations, as applicable. The full text of Code of Federal Regulations references may be found at https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR and httLo://www.eefr.gov/ (1) 2 CFR Part 25, "Universal Identifier and System of Award Management" (2) 2 CFR Part 170, "Reporting Subaward and Executive Compensation Information" (3) 2 CFR Part 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" (4) 2 CFR Part 182, "Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)" (5) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards" b. The recipient, and recipients of any subawards under this award, assure and certify that they have and/or will comply with the following regulations, as applicable. The full text of Code of Federal Regulations references may be found at https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR and htip://www.ecfr.gov/. (1) 2 CFR Part 175, "Award Term for Trafficking in Persons" (2) 2 CFR Part 417, "Nonprocurement Debarment and Suspension" (3) 2 CFR Part 418, "New Restrictions on Lobbying" (4) 2 CFR Part 421, "Requirements for Drug -Free Workplace (Financial Assistance)" Allowable project costs will be determined in accordance with the authorizing statute, the purpose of the award, and to the extent applicable to the type of organizations receiving the award, regardless of tier. The following portions of the Code of Federal Regulations are hereby incorporated by reference. The full text of Code of Federal Regulations references may be found at https://www_RpQ.p_ov/fdsys/browse/collectionCfr.action?collectionCode=CFR and ham://www.eefr.gov/. Rev June 9, 2017 (1) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles And Audit Requirements For Federal Awards" (2) 48 CFR Part 31, "Contract Cost Principles and Procedures" Paget of 9 M, Agreement No.: 68-0546-17-521 IL UNALLOWABLE COSTS The following costs are not allowed: a. Costs above the amount authorized for the project b. Costs incurred after the expiration of the award including any no -cost extensions of time c. Costs that lie outside the scope of the approved project and any amendments thereto d. Compensation for injuries to persons or damage to property arising from project activities This list is not exhaustive. For general information about the allowability of particular items of costs, please see 2 CFR Part 200, "Subpart E - Cost Principles", or direct specific inquiries to the NRCS administrative contact identified in the award. III. CONFUDENTIALITY a. Activities performed under this award may involve access to confidential and potentially sensitive information about governmental and landowner issues. The term "confidential information" means proprietary information or data of a personal nature about an individual, or information or data submitted by or pertaining to an organization. This information must not be disclosed without the prior written consent ofNRCS. b. The recipient's personnel will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. Section 552a, and implementing regulations and policies with respect to systems of records determined to be subject to the Privacy Act. The recipient's personnel must also comply with privacy of personal information relating to natural resources conservation programs in accordance with section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171). c. The recipient agrees to comply with NRCS guidelines and requirements regarding the disclosure of information protected under Section 1619 of the Food, Conservation, and Energy Act of 2008 (PL 110-246), 7 U.S.C. 8791. d. The recipient agrees to comply with the "Prohibition Against Certain Internal Confidentiality Agreements:" l . You may not require your employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2. You must notify your employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (1) of this award provision are no longer in effect. 3. The prohibition in paragraph (1) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. 4. If NRCS determines that you are not in compliance with this award provision, NRCS: a. Will prohibit your use of funds under this award, in accordance with sections 743 and 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; b. May pursue other remedies available for your material failure to comply withaward terms and conditions. Rev June 9, 2017 Page 2 of 9 AM Agreement No.: 68-0546-17-521 IV. PRIOR APPROVAL REQUIREMENTS The following are the most common situations requiring prior approval. However, the recipient is also bound by any other prior approval requirements of the applicable administrative provisions and Federal cost principles. a. Purpose or Deliverables. —When it is necessary for the recipient to modify the purpose or deliverables, the recipient must submit a written request and justification for the change along with the revised purpose or deliverables of the award to the NRCS administrative contact. The request should contain the following: 1. Grant or agreement number 2. Narrative explaining the requested modification to the project purpose or deliverables 3. A description of the revised purpose or deliverables 4. Signatures of the authorized representative, project director, orboth b. Subaward/contractual Arrangement. —The recipient must submit a justification for the proposed subaward/contractual arrangements, a statement of work to be performed, and a detailed budget for the subaward/contract to the NRCS administrative contact. Subaward/contractual arrangements disclosed in the application do not require additional postaward approval. c. Absence or Change in Project Leadership. —When a project director or the person responsible for the direction or management of the project — Rev June 9, 2017 Relinquishes active direction of the project for more than 3 consecutive months or has a 25 percent or more reduction in time devoted to the project, the grantee must notify the NRCS administrative contact in writing, identifying who will be in charge during the project director's absence. The notification must include the qualifications and the signature of the replacement, signifying his or her willingness to serve on the project. Severs his or her affiliation with the grantee, the grantee's options include— i. Replacing the project director. The grantee must request written approval of the replacement from the NRCS administrative contact and must include the qualifications and the signature of the replacement signifying his or her willingness to serve on the project. ii. Subcontracting to the former project director's new organization. The grantee must request approval from the administrative contact to replace the project manager and retain the award, and to subcontract to the former project director's new organization certain portions of the project to be completed by the former project director. iii. Relinquishing the award. The grantee must submit to the NRCS administrative contact a signed letter by the grantee and the project director that indicates that the grantee is relinquishing the award. The letter must include the date the project director is leaving and a summary of progressto date. A final Standard Form (SF) 425 reflecting the total amount of funds spent by the recipient must be attached to the letter. 3. Transfers the award to his or her new organization, the authorized organization's representative at the new organization must submit the following to the NRCS administrative contact as soon as the transfer date is firm and the amount of funds to be transferred is known: Page 3 of 9 C101 Agreement No.: 68-0546-17-521 i. The forms and certifications included in the application package ii. A project summary and work statement covering the work to be completed under the project (deliverables and objectives must be the same as those outlined in the approved proposal) iii. An updated qualifications statement for the project director showing his or her new organizational affiliation iv. Any cost -sharing requirements under the original award transfer to the new institution; therefore, cost -sharing information must be included in the proposal from the new organization Note: The transfer of an award from one organization to another can take up to 90 calendar days to accomplish, which may result in a delay in the project director resuming the project at the new organization. d. Budget Revisions. —Budget revisions will be in accordance with 2 CFR Part200.308. e. No -Cost Extensions of Time. —When a no -cost extension of time is required, therecipient must submit a written request to the NRCS administrative contact no later than 30 calendar days before the expiration date of the award. The request must contain the following: ■ The length of additional time required to complete the project and a justification for the extension ■ A summary of progress to date ■ An estimate of funds expected to remain unobligated on the scheduled expiration date ■ A projected timetable to complete the portions of the project for which the extension is being requested ■ Signature of the grantee and the project director ■ A status of cost sharing to date (if applicable) Note: An extension will not exceed 12 months. Requests for no -cost extensions received after the expiration of the award will not be granted. V. PAYMENTS a. Payment by NRCS to the entity will be made monthly or quarterly (whichever is mutually agreed upon by both parties) on a reimbursable or advanced basis upon completion of work outlined herein. Payment will be executed upon the submission of a properly executed form SF-270 with supporting documentation. The SF-270 must cite the agreement number, remittance address, and billing period. The SF-270 must be sent to the NRCS administrative contact at the email address identified in block 8 of the Notice of Grant/Agreement Award. b. Unless otherwise specified in the award, the recipient must receive payments through electronic funds transfers. c. Recipients requesting advances should request payments in amounts necessary to meet their current needs pursuant to procedures contained in the Federal administrative provisions and 31 CF R Part 205. d. The method of payment between the recipient and its contractors will be in accordance with the policies and procedures established by the recipient except that the contractors may not use the USDA Office of Financial Management/National Finance Center method to request payments. If the grantee makes advance payments to contractors, the grantee must ensure Rev June 9, 2017 Page 4 of 9 IM Agreement No.: 68-0546-17-521 that the timing of such payments is designed to minimize elapsed time between the advance payment and the disbursement of funds. Payment requests from the grantee's contractors will not be sent to NRCS for review or approval. e. Accounting records for all costs incurred under this award must be supported by source documentation. Such documentation includes, but is not limited to, canceled checks, paid bills, payroll records, and subaward documents. Labor cost charges to this award must be based upon salaries actually earned and the time actually worked on this award. All project costs must be incurred within the approved project period of this award, including any approved no -cost extension of time. Costs that cannot be supported by source documentation or that are incurred outside of the approved project period and budget may be disallowed and may result in award funds being returned to the Federal Government by the recipient. VI. ACCRUALS a. Recipients must submit an accrual estimate to the NRCS Program/Technical no later than 15 calendar days prior to the end of the quarter (submit by March 15, June 15, September 15 and December 15") b. An accrual represents the value of goods or services provided to NRCS for which you have not requested payment. The quality and completeness of NRCS audited financial statements depends on your continuing cooperation and timely information. c. At a minimum, the signed accrual statement should include, "Under agreement number at the close of the quarter ending , we have provided or anticipate providing goods or services that we have not requested payment for in the amount of $ " Include the name and title of the person preparing the accrual estimate. VII. FINANCIAL REPORTING a. Recipients must submit a Federal Financial Report (FFR), SF 425 and 425A, in accordance with the following schedule: Quarterly Schedule Report Due Date October 1 to December 31 January 31 January 1 to March 31 April 30 April 1 to June 30 July 31 July 1 to September 30 October 31 Reports must be submitted on an accrual accounting basis. Failure to submit reports in accordance with the above schedule may result in suspension or termination of award. b. A final Report must be submitted no later than 90 calendar days after the completion of the award. For final FFRs, reporting end date must be the end date of the project or agreement period. The reports should be submitted to the NRCS administrative contact identified in award notifications. a. The recipient is responsible for monitoring day-to-day performance and for reporting to NRCS. If the project involves subaward arrangements, the recipient is also responsible for Rev June 9, 2017 Page 5 of 9 Agreement No.: 68-0546-17-521 monitoring the performance of project activities under those arrangements to ensure that approved goals and schedules are met. b. Every 6 months the recipient must submit a written progress report. Each report must cover- 1. A comparison of actual accomplishments with the goals and objectives established for the reporting period and, where project output can be quantified, a computation of the costs per unit of output. 2. The reasons why goals and objectives were not met, ifappropriate. 3. Additional pertinent information including, where appropriate, analysis and explanation of cost overruns or high unit cost. c. The recipient must submit a final performance report within 90 calendar days after completion of project. IX. AUDIT REQUIREMENTS The recipient is responsible for complying with audit requirements in accordance with 2 CFR 200, Subpart F. A non -Federal entity that expends $750,000 or more during the non -Federal entity's fiscal year in Federal awards must have a single or program -specific audit conducted for that year. X. SPECIAL PROVISIONS a. The recipient assures and certifies that it will comply with the minimum -wage and maximum - hour provisions of the Federal Fair Labor Standards Act. b. Employees of NRCS will participate in efforts under this agreement solely as representatives of the United States. To this end, they may not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of the recipient. They also may not assist the recipient with efforts to lobby Congress or to raise money through fundraising efforts. Further, NRCS employees must report to their immediate supervisor any negotiations with the recipient concerning future employment and must refrain from participation in efforts regarding such parties until approved by the agency. c. Employees of the recipient will not be considered Federal employees or agents of the United States for any purposes under this agreement. XI. PATENTS, INVENTIONS, COPYRIGHTS, AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER a. Allocation of rights of patents, inventions, and copyrights must be in accordance with 2 CFR Part 200.315. This regulation provides that small businesses normally may retain the principal worldwide patent rights to any invention developed with USDA support. b. In accordance with 37 CFR Section 401.14, each subject invention must be disclosed to the Federal agency within 2 months after the inventor discloses it in writing to contractor personnel responsible for patent matters. Invention disclosure statements pursuant to 37 CFR Section 401.14(c) must be made in writing to: Acquisitions Division Rev June 9, 2017 Page 6 of 9 M*0� Agreement No.: 68-0546-17-521 Grants and Agreements Services Branch 1400 Independence Avenue, SW. Room 6823 South Building Washington, DC 20250 c. USDA receives a royalty -free license for Federal Government use, reserves the right to require the patentee to license others in certain circumstances, and requires that anyone exclusively licensed to sell the invention in the United States must manufacture itdomestically. d. The following acknowledgment of NRCS support must appear in the publication of any material, whether copyrighted or not, and any products in electronic formats (World Wide Web pages, computer programs, etc.) that is substantially based upon or developed under this award: "This material is based upon work supported by the Natural Resources Conservation Service, U.S. Department of Agriculture, under number [recipient should enter the applicable award number here]." In addition, all publications and other materials, except scientific articles or papers published in scientific journals, must include the following statement: • "Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Agriculture." e. All publications printed with Federal Government funds will include the most current USDA nondiscrimination statement, available from the Public Affairs Division, Civil Rights Division, or on the USDA and NRCS home pages. If the material is too small to permit the full nondiscrimination statement to be included, the material must, at a minimum, include the statement: • "USDA is an equal opportunity provider and employer." Any publication prepared with funding from this agreement must include acknowledgement to USDA, Natural Resources Conservation Service." The recipient is responsible for ensuring that an acknowledgment of NRCS is made during news media interviews, including popular media such as radio, television, and news magazines, that discuss in a substantial way work funded by this award. XII. COST -SHARING REQUIREMENTS a. If the award has specific cost -sharing requirements, the cost -sharing participation in other projects may not be counted toward meeting the specific cost -share requirement of this award, and must come from non -Federal sources unless otherwise stated in the applicable program announcement. b. Should the recipient become aware that it may be unable to provide the cost -sharing amount identified in this award, it must— l. Immediately notify the NRCS administrative contact of the situation. 2. Specify the steps it plans to take to secure replacement cost sharing. 3. Indicate the plans to either continue or phase out the project in the absence of cost sharing. Rev June 9, 2017 Page 7 of 9 all Agreement No.: 68-0546-17-521 c. If NRCS agrees to the organization's proposed plans, the recipient will be notified accordingly. If the organization's plans are not acceptable to NRCS, the award may be subject to termination. NRCS modifications to proposed cost sharing revisions are made on a case -by -case basis. d. Failure by the recipient to notify NRCS in accordance with paragraph (b) above may result in the disallowance of some or all the costs charged to the award, the subsequent recovery by NRCS of some of the NRCS funds provided under the award, and possible termination of the award, and may constitute a violation of the terms and conditions of the award so serious as to provide grounds for subsequent suspension or debarment. e. The recipient must maintain records of all project costs that are claimed by the recipient as cost sharing as well records of costs to be paid by NRCS. If the recipient's cost participation includes in -kind contributions, the basis for determining the valuation for volunteer services and donated property must be documented. XIII. PROGRAM INCOME Income derived from patents, inventions, or copyrights will be disposed of in accordance with the recipient's own policies. General program income earned under this award during the period of NRCS support must be added to total project funds and used to further the purpose and scope of this award or the legislation under which this award is made. XIV. NONEXPENDABLE EQUIPMENT Recipients purchasing equipment or products with funds provided under this award are encouraged to use such funds to purchase only American -made equipment and products. Title to nonexpendable equipment purchased with award funds will vest in the recipient upon completion of the award project and acceptance by NRCS of required final reports. When equipment is no longer needed by the recipient and the per -unit fair market value is less than $5,000, the recipient may retain, sell, or dispose of the equipment with no further obligation to NRCS. However, if the per -unit fair market value is $5,000 or more, the recipient must submit a written request to the NRCS administrative contact for disposition instructions. XV. LIMIT OF FEDERAL LIABILITY The maximum financial obligation of NRCS to the recipient is the amount of funds indicated in the award as obligated by NRCS. However, in the event that an erroneous amount is stated on the approved budget, or any supporting document relating to the award, NRCS will have the unilateral right to make the correction and to make an appropriate adjustment in the NRCS share of the award to align with the Federal amount authorized. NRCS may amend or modify the award through an exchange of correspondence between authorized officials of the recipient and NRCS. The award is subject to termination if NRCS determines that the recipient has failed to comply with the terms and conditions of the award. In the event that the award is terminated, the financial obligations of the parties will be those set forth in 2 CFR Part 200.339. Rev June 9, 2017 Page S of 9 71 Agreement No.: 68-0546-17-521 /:#ATI1 WV.%171Ztl Award closeout is the process by which NRCS determines that all required project activities have been performed satisfactorily and all necessary administrative actions have been completed. Rev June 9, 2017 Page 9 of 9 72 U.S. Department of Agriculture Natural Resources Conservation Service Dated 4-29-2016 AGRICULTURAL CONSERVATION EASEMENT PROGRAM AGRICULTURAL LAND EASEMENT MINIMUM DEED TERMS FOR THE PROTECTION OF AGRICULTURAL USE 1) When these terms are appended as an exhibit to the Agricultural Land Easement deed, as opposed to being inserted directly into an Agricultural Land Easement deed, this paragraph will be inserted at the bottom of the ACEP funded Agricultural Land Easement deed: This Agricultural Land Easement is acquired with funds provided, in part, under the Agricultural Conservation Easement Program (ACEP). The EXHIBIT is attached hereto and incorporated herein by reference and will run with the land [SELECT ONE: in perpetuity OR for the maximum duration allowed under applicable State laws]. As required by 16 U.S.C. Section 3865 et seq. and 7 CFR Part 1468, and as a condition of receiving ACEP funds, all present and future use of the Protected Property identified in EXHIBIT (legal description or survey) is and will remain subject to the terms and conditions described forthwith in this Addendum entitled Minimum Deed Terms For The Protection Of Agricultural Use in EXHIBIT that is appended to and made a part of this easement deed. 2) When these terms are being inserted directly into an Agricultural Land Easement deed the following will be included in the deed's introductory paragraph and recitals: [Include in introductory paragraph after Grantor and Grantee:] and with a right of enforcement to the United States of America (the United States), acting by and through the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) on behalf of the Commodity Credit Corporation (CCC). [Include in Recitals:] This [INSERT DEFINED TERM FOR EASEMENT DEED] is acquired with funds provided, in part, under the Agricultural Conservation Easement Program (ACEP) 16 U.S.C. Section 3865 et seq. and 7 CFR Part 1468 for the purpose of [SELECT ONE: protecting the agricultural use and future viability, and related conservation values, by limiting nonagricultural uses of OR protecting grazing uses and related conservation values by restoring and conserving] the Protected Property. Baseline conditions of the Protected Property are set forth in a Baseline Documentation Report, a copy of which is [SELECT ONE: appended to this easement deed OR maintained in the files of the Grantee]. 3) A fully executed copy of the Exhibit below must be attached to the ACEP funded Agricultural Land Easement deed at the time of closing and recordation or, with NRCS approval, the Section I and II terms below must be incorporated into the body of the Eligible Entity's Agricultural Land Easement deed unmodified except for appropriate formatting changes, selecting options, removing instructional provisions, and substituting as needed, the defined term for the Parcel instead of "Protected Property". a9l U.S. Department of Agriculture Natural Resources Conservation Service Dated 4-29-2016 EXHIBIT MINIMUM TERMS FOR AGRICULTURAL LAND EASMENTS The Agricultural Conservation Easement Program, 16 U.S.0 Section 3865 et seq., facilitated and provided funding for the purchase of an Agricultural Land Easement (ALE) on real property described in Exhibit , hereafter referred to as "the Protected Property", for the purpose of [SELECT ONE: protecting the agricultural use and future viability, and related conservation values, by limiting nonagricultural uses of OR protecting grazing uses and related conservation values by restoring and conserving] the Protected Property. The [LANDOWNER NAMES] (collectively Grantor), the [ELIGIBLE ENTITY NAMES] (collectively Grantee), and the United States of America (the United States), acting by and through the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) on behalf of the Commodity Credit Corporation (CCC) (jointly referred to as the "Parties") acknowledge that the ALE is acquired by the Grantee to [SELECT ONE: protect the agricultural use and future viability, and related conservation values, by limiting nonagricultural uses of OR protect grazing uses and related conservation values by restoring and conserving] the Protected Property. Baseline conditions of the Protected Property are set forth in a Baseline Documentation Report, a copy of which is [SELECT ONE: appended to this easement deed OR maintained in the files of the Grantee]. In order to ensure compliance with the Agricultural Conservation Easement Program, 16 U.S.0 Section 3865 et seq. and 7 CFR Part 1468, the following rule of interpretation will govern any and all inconsistencies between the ALE and this Exhibit. Notwithstanding any other provision of the ALE, the Parties agree that all present and future use of the Protected Property is and will remain subject to all of the following terms and conditions identified in Section I and II. If the terms and conditions in Section I and II are inconsistent with terms and conditions in other sections of the ALE, Section I and II will control; provided however, if other sections of the ALE have terms and conditions that are consistent with, but more restrictive to the rights of the Grantor than the terms and conditions in Section I, Paragraphs 1, 2, and 3, those more restrictive terms and conditions will control. If other sections of the ALE are more restrictive to the rights of the Grantor than Section I Paragraph 4 and 5 and Section II then Section I Paragraph 4 and 5 and Section II will control. SECTION I - MINIMUM CONSERVATION DEED RESTRICTIONS Even if the Protected Property consists of more than one parcel for real estate tax or any other purpose or if it was acquired previously as separate parcels, it will be considered one parcel for purposes of this Easement, and the restrictions and covenants of this Easement will apply to the Protected Property as a whole. The terms and conditions of the ALE run with the land and are binding upon the Grantor and Grantee and their respective heirs, successors, agents, assigns, lessees, and any other person claiming under them must comply with all terms and conditions of this easement, including the following: 1. Agricultural Land Easement Plan. As required by 16 U.S.C. Section 3865a, agricultural production and related uses of the Protected Property are subject to an ALE Plan, as approved by NRCS, to promote the long- term viability of the land to meet the ALE purposes. The ALE Plan must also be approved by the Grantor and the Grantee. Grantor agrees the use of the property will be subject to the ALE Plan on the Protected Property. 2 74 U.S. Department of Agriculture Natural Resources Conservation Service Dated 4-29-2016 The ALE Plan is incorporated by reference and must not include any provisions inconsistent with the conservation purposes of this ALE. The Grantee and Grantor agree to update the ALE Plan in the event the agricultural uses of the Protected Property change. A copy of the current ALE Plan is kept on file with the Grantee. The Grantee must take all reasonable steps to secure compliance with the ALE Plan. In the event of substantial or ongoing noncompliance with the ALE Plan or the requirement to update the ALE Plan, NRCS may notify the Grantee. NRCS will give the Grantee and Grantor a reasonable amount of time, not to exceed 180 days, to take corrective action. If Grantee fails to enforce the terms of the ALE, including, but not limited to compliance with the ALE Plan, the United States may exercise its right of enforcement. 2. Limitation on Impervious Surfaces. Impervious surfaces will not exceed [Insert approved impervious surface percentage] [Note: if greater than 2 percent, a written waiver, from the Chief of NRCS or authorized designee (Chief of NRCS) is required], of the Protected Property, excluding NRCS-approved conservation practices. Impervious surfaces are defined as material that does not allow water to percolate into the soil on the Protected Property, including, but not limited to, buildings with or without flooring, paved areas, and any other surfaces that are covered by asphalt, concrete, or roofs. This limitation does not include public roads or other roads owned and controlled by parties with rights superior to those rights conveyed to Grantee by this ALE. Include the following if limited subdivision is allowed below: [In the event the Protected Property is subdivided as provided for in Section I, Paragraph (3)(A), the total cumulative impervious surface of the subdivided parcels must not exceed the impervious surface limitation referenced above. The Grantor, with Grantee approval, will allocate the impervious surface limit among the subdivided parcels and ensure said impervious surface limitation is clearly defined in each subdivided parcel's recorded instrument.] 3. Limitations on Nonagricultural Uses. Any activities inconsistent with the purposes of the ALE are prohibited. [Note: The term "ALE grassland enrollments " refers to both general ALE grazing uses enrollments or ALE Grassland of Special Environmental Significance enrollments (GSS).J [Also include the following sentence for ALE grassland enrollments: The provisions of this ALE limit the types of agricultural operations that can occur on the Protected Property to those that restore or conserve grassland, and protect grazing uses, and related conservation values]. The following activities are inconsistent with the purposes of ALE and are specifically prohibited, subject to the qualifications stated below: (A) Subdivision — [Select Option 1, 2, or 3.] [Option 1] Separate conveyance of a portion of the Protected Property or division or subdivision of the Protected Property is prohibited [Where required by State law the following may be inserted: except where State or local regulations explicitly require subdivision to construct residences for employees working on the Protected Property]. Grantor must provide written notice and evidence of such requirements to Grantee and the Chief of NRCS or his or her authorized designee (Chief of NRCS) prior to division of the Protected Property. [Option 21 The Protected Property must not be divided or subdivided into, or separately conveyed as, more than farm or ranch parcels ( divisions allowed), the boundaries and the allocation of 75 U.S. Department of Agriculture Natural Resources Conservation Service Dated 4-29-2016 the impervious surface limitation of which have been identified in EXHIBIT , which is appended to and made a part of this ALE. To protect the [SELECT ONE: agricultural use and future agricultural viability OR the grassland, grazing uses], and related conservation values of the Protected Property, the boundaries of such divisions have been preapproved in writing by Grantee and the Chief of NRCS or authorized designee of the Chief of NRCS. Deviations from the identified boundaries will not be allowed. Grantor must give Grantee and the Chief of NRCS written notice prior to subdividing, dividing, or separately conveying a parcel of the Protected Property. [Option 3] The Protected Property must not be divided or subdivided into, or separately conveyed as, more than farm or ranch parcels ( divisions allowed). To protect the [SELECT ONE: agricultural use and future agricultural viability OR the grassland, grazing uses], and related conservation values of the Protected Property, the boundaries of such divisions must be approved in writing by Grantee and the Chief of NRCS or the authorized designee of the Chief of NRCS before any such division, subdivision, or separate conveyance occurs. The Chief of NRCS may only approve the division, subdivision, or separate conveyance of the Protected Property into separately conveyable farm or ranch parcels when- 1. The Grantee requests the Chief of NRCS approval to subdivide the Protected Property into separate farm or ranch parcels, after receiving a request from the Grantor; 2. The Grantor certifies to the Chief of NRCS that the requested subdivision is required to keep all farm or ranch parcels in production and viable for agriculture use and that separate conveyance of the Protected Property farm or ranch parcels will move the land from one agricultural operation to another; and 3. The Chief of NRCS determines that the — a. Parcels resulting from the subdivision of the Protected Property will meet ACEP land eligibility requirements of 16 U.S.C. Section 3865 et seq. as enacted on the date the original parcel was enrolled in ACEP, including the allocation of the impervious surface limitation between the subdivided parcels, and b. The resulting parcel will not be below the median size of farms in the county or parish as determined by most recent United States Department of Agriculture's National Agricultural Statistical Survey (NASS). (B) Industrial or Commercial Uses — Industrial or commercial activities on the Protected Property are prohibited except for the following: (i) agricultural production and related uses conducted as described in the ALE Plan; (ii) the sale of excess power generated in the operation of renewable energy structures and associated equipment or other energy structures that Grantee approves in writing as being consistent with the conservation purposes of this Easement; (iii) temporary or seasonal outdoor activities or events that do not harm the agricultural use, future viability, and related conservation values of the Protected Property herein protected; C! We U.S. Department of Agriculture Natural Resources Conservation Service Dated 4-29-2016 (iv) commercial enterprises related to agriculture or forestry including but not limited to [Select those consistent with ALE purposes for the Protected Property: agritourism, processing, packaging, and marketing of farm or forest products, farm machinery repair, and farm wineries. ] [For properties that contain historical or archaeological resources the following may be inserted: Commercial enterprise activities related to interpretation of the Protected Property's historic or archaeological resources.] (v) small-scale commercial enterprises compatible with agriculture or forestry, including but not limited to caffs, shops, and studios for arts or crafts. (C) Construction on the Protected Property — All new structures and improvements must be located within the Building Envelopes, containing approximately acres and described in EXHIBIT , which is appended to and made a part of the ALE. [Include the following subparagraph if future building envelope adjustments may be considered: The boundaries and location of the Building Envelopes may be adjusted if Grantee and the Chief of NRCS provide prior written approval of the adjusted boundaries and location. The Building Envelopes may not increase in size and the adjusted Building Envelopes must provide equal or greater protection of the [SELECT ONE: agricultural use and future viability OR the grassland, grazing uses], and related conservation values of the Protected Property.] Agricultural structures and utilities to serve approved buildings or structures, including on -farm energy structures allowed under Section I, Paragraph (4)(C) that neither individually nor collectively have an adverse impact on the [SELECT ONE: agricultural use and future viability OR grassland, grazing uses] and related conservation values of the Protected Property, may be built outside of the Building Envelope with prior written approval of the Grantee provided that the utilities or agricultural structures are consistent with the ALE Plan described Section I, Paragraph 1. New roads may be constructed if they are approved in advance by Grantee, within impervious surface limits, and necessary to carry out the agricultural operations or other allowed uses on the Protected Property. [The preceding sentence must be struck for ALE grassland enrollments]. Maintenance of existing roads documented on the Baseline Documentation Report is allowed; however, existing roads may not be widened or improved unless widening and improving is within impervious surface limits, approved in advance by Grantee, and necessary to carry out the agricultural operations or other allowed uses on the Protected Property. Fences may be maintained and replaced and new fences installed if they are necessary for agricultural operations on the Protected Property or to mark boundaries of the Protected Property. [For ALE grassland enrollments replace the preceding sentence with: Fences may be maintained and replaced and new fences installed only in accordance with the ALE Plan and consistent with grassland species management requirements.] (D) Granting of easements for utilities and roads — The granting or modification of easements for utilities and roads is prohibited when the utility or road will adversely impact [SELECT ONE: the agricultural 5 77 U.S. Department of Agriculture Natural Resources Conservation Service Dated 4-29-2016 use and future viability OR the protection of the grazing uses, grassland conservation value], and related conservation values of the Protected Property as determined by the Grantee in consultation with the Chief of MRCS. (E) Surface Alteration — Grading, blasting, filling, sod farming, earth removal, or any other activity that will disturb the soil surface or materially alter the topography, surface or subsurface water systems, or wetlands of the Protected Property is prohibited, except as follows: (i) dam construction in accordance with an ALE plan to create ponds for agricultural use, fire protection, or wildlife enhancement, including enhancement through wetland restoration, enhancement or creation; (ii) erosion and sediment control pursuant to a plan approved by the Grantee; (iii) soil disturbance activities required in the construction of approved buildings, structures, roads, and utilities provided that the required alteration has been approved in writing by Grantee as being consistent with the conservation purpose of this Easement; or (iv) [SELECT ONE: Agricultural activities OR Grazing uses or grassland restoration and conservation activities] conducted in accordance with the ALE Plan. (F) Oil, Gas, or Mineral Exploration and Extraction — Mining or extraction of soil, sand, gravel, oil, natural gas, fuel, coal, or any other mineral substance owned by Grantor as of the date of this ALE or later acquired by Grantor, using any surface mining, subsurface mining, or dredging method, from Protected Property is prohibited. [Include the following subparagraph if a limited allowance for agricultural purposes may be authorized: Provided however, limited mining activities for materials (e.g., sand, gravel, or shale) used for agricultural operations on the Protected Property is allowed where the extraction of materials used for such agricultural operations is limited, localized, and small with a defined area and acreage identified in EXHIBIT and does not harm the conservation values or the agricultural uses of the Protected Property.] If a third party owns or leases the oil, natural gas, or any other mineral substance at the time this ALE is executed, and their interests have not been subordinated to this ALE, the Grantor must require, to the greatest extent possible, that any oil, natural gas, and mineral exploration and extraction conducted by such third party is conducted in accordance with this paragraph (F). The following may be inserted to qualify the above if Grantee chooses to allow oil and gas exploration and extraction as an alternative to a complete prohibition on oil or gas exploration and extraction on the Parcel — Beginning of Optional Additional Oil and Gas Language: Oil and gas exploration and extraction on the Protected Property is allowed in accordance with this Paragraph (F), if approved by Grantee and Chief of NRCS. Grantee and Grantor must demonstrate that such exploration and extraction of oil and gas is— (i) not accomplished by any surface mining method; M U:1 U.S. Department of Agriculture Natural Resources Conservation Service Dated 4-29-2016 (d) accomplished by a method of extraction, production, and transport that has no more than a limited and localized impact that does not harm the agricultural use or conservation values of the Protected Property; (iii) within the impervious surface limits of the ALE; and (iv) subject to a plan that includes provisions for oil and gas exploration and extraction. Any mineral leases or other conveyances of minerals entered into or renewed after the date of this ALE Deed are subordinate to the terms of this Deed and will incorporate by reference this Deed. Impervious surfaces as defined in [Insert Citation to Impervious Surface Limitation] of this Easement will include any surface disturbance or impervious surfaces associated with oil and gas exploration and extraction associated with uses allowed by this paragraph. End of Alternate Oil and Gas Language] [Include the following paragraph for ALE Grassland Enrollments: (G) Crop Cultivation. Except for grazing uses and grassland restoration and conservation, the cultivation or production of crops, nonperennial forages for human or domestic animal consumption, crop seed production, or planting of orchards, vineyards, berries, tree farms, or other perennial nongrassland agricultural product is prohibited.] 4. Preserving Agricultural Uses. The provisions of this ALE Deed and associated exhibits will not be interpreted to restrict the types of agricultural operations that can function on the Protected Property, so long as the agricultural operations are consistent with the long-term viability of the Protected Property, ALE Plan and ALE purposes, and do not violate Federal laws, including Federal drug laws. [The preceding sentence must be struck for ALE grassland enrollments.] No uses will be allowed that decrease the ALE's protection for [SELECT ONE: the agricultural use and future viability, and related conservation values OR the grazing uses and related conservation values or adversely impact the restoration or conservation of the grassland, and related conservation values] of the Protected Property. Allowed uses of the Protected Property include, the specific uses allowed in Section I, Paragraph (3)(B) (i)-(v) and the following activities, subject to the qualifications stated below: (A) Agricultural Production — The production, processing, and marketing of [SELECT ONE: agricultural crops and livestock OR livestock and agricultural products compatible with restoration and conservation of grassland, grazing uses, and related conservation values] is allowed provided it is conducted in a manner consistent with the terms of the ALE Plan described in Section I, Paragraph 1. (B) Forest Management and Timber Harvest — Forest management and timber harvesting is allowed, provided it is carried out to the extent practicable, in accordance with current, generally accepted best management practices for the sites, soils, and terrain of the Protected Property. In addition, if the Protected Property contains 40 contiguous acres of forest or 20 percent of the Protected Property is forestland then forest management and timber harvesting must be performed in accordance with a written forest management plan. The forest management plan must be prepared by a professional resource manager, in consultation with the Grantee. A forest management plan will not be required for the 7 W, U.S. Department of Agriculture Natural Resources Conservation Service Dated 4-29-2016 following allowed noncommercial activities: (i) cutting of trees for the construction of allowed roads, utilities, buildings, and structures on the Protected Property, (ii) cutting of trees for trail clearing, (iii) cutting of trees for domestic use as firewood or for other domestic uses by Grantor, (iv) removal of trees posing an imminent hazard to the health or safety of persons or livestock, or (v) removal of invasive species. (C) On -Farm Energy Production — Renewable energy production is allowed for the purpose of generating energy for the agricultural and residential needs of the Protected Property. Renewable energy sources must be built and maintained within impervious surface limits, with minimal impact on the conservation values of the Protected Property and consistent with the purposes of the ALE. [Include the following paragraph any time the property is in grassland use, an ALE grassland enrollment, or funded for conservation purposes that include conserving or restoring grassland uses or grassland dependent species: (D) Grassland Uses of the Protected Property — Grantors are allowed to graze, hay, harvest for hay and noncrop seed production, mow, construct fire breaks, conduct fire presuppression and rehabilitation activities, and conduct common grazing practices, including cultural practices, consistent with the provisions and conservation purposes of this ALE. The term "common grazing practices" means those practices customary to the region where the Protected Property is located related to livestock grazing, forage management, and maintenance of infrastructure required to conduct livestock grazing on the Protected Property. Grantors must not hay, mow, or harvest for seed during certain nesting seasons for birds whose populations are in significant decline as identified in the ALE Plan. Determinations of nesting seasons for birds whose populations are in significant decline and the areas of the property affected by this restriction will be set forth within the ALE Plan for the Protected Property that has been approved by Grantor, Grantee, and NRCS.] [Include the following paragraph if Land Eligibility is based on the presence of historical or archaeological resources or the project received ranking points for the multifunctional benefits of agricultural land protection for historical and archaeological resources: 5. Historic or Archaeological Resources. Existing archaeologically, culturally, or historically significant features on the Protected Property including, but not limited to, such features as documented in the Baseline Documentation Report, must be maintained consistent with the guidelines provided in The Secretary of Department of the Interior's Standards for the Treatment of Historic Properties pursuant to 36 CFR Part 68, as amended. The up-to-date version of such guidelines must be maintained by Grantee in the Baseline Documentation and made available to Grantor upon request. The archaeologically, culturally, or historically significant features may not be altered or removed without Grantee's prior written approval, which approval will not be given except where the proposed activity is accomplished in accordance with the guidelines provided in The Secretary of The Department of the Interior's Standards for the Treatment of Historic Properties.] SECTION II - PROTECTION OF THE UNITED STATES' INTERESTS 1. United States Right of Enforcement. Pursuant to 16 U.S.C. Section 3865 et seq., the United States is granted the right of enforcement that it may exercise only if the terms of the ALE are not enforced by the holder of the ALE. The Secretary of the United States Department of Agriculture (the Secretary) or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State 8 U.S. Department of Agriculture Natural Resources Conservation Service Dated 4-29-2016 or Federal law if the Grantee, or its successors or assigns, fails to enforce any of the terms of this ALE, as determined in the sole discretion of the Secretary. In the event the United States exercises this right of enforcement, it is entitled to recover any and all administrative and legal costs associated with any enforcement or remedial action related to the enforcement of this Easement from the Grantor, including, but not limited to, attorney's fees and expenses related to Grantor's violations. In the event the United States exercises this right of enforcement, it is entitled to recover any and all administrative and legal costs associated with any enforcement of this Easement from the Grantee, including, but not limited to, attorney's fees and expenses related to Grantee's violations or failure to enforce the easement against the Grantor up to the amount of the United States contribution to the purchase of the ALE. The Grantee will annually monitor compliance and provide the United States with an annual monitoring report that documents that the Grantee and Grantor are in compliance with the ALE and ALE Plan. If the annual monitoring report is insufficient or is not provided annually, or if the United States has evidence of an unaddressed violation, as determined by the Secretary, the United States may exercise its right of inspection. For purposes of inspection and enforcement of the ALE, the ALE Plan, and the United States Cooperative Agreement with the Grantee, the United States will have reasonable access to the Protected Property with advance notice to Grantee and Grantor or Grantor's representative. In the event of an emergency, the United States may enter the Protected Property to prevent, terminate, or mitigate a potential or unaddressed violation of these restrictions and will give notice to Grantee and Grantor or Grantor's representative at the earliest practicable time. 2. General Disclaimer and Grantor Warranty. The United States, its employees, agents, and assigns disclaim and will not be held responsible for Grantee's or Grantor's negligent acts or omissions or Grantee's or Grantor's breach of any representation, warranty, covenant, or agreements contained in this ALE Deed, or violations of any Federal, State, or local laws, including all Environmental Laws including, without limitation, those that give rise to liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions, costs of actions, or sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which the United States may be subject or incur relating to the Protected Property. Grantor must indemnify and hold harmless United States, their employees, agents, and assigns for any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which United States may be subject or incur relating to the Protected Property, which may arise from, but are not limited to, Grantor's negligent acts, omissions, or breach of any representation, warranty, covenant, agreements contained in this Agricultural Land Easement Deed or violations of any Federal, State, or local laws, including all Environmental Laws. 3. Environmental Warranty. Grantor warrants that it is in compliance with, and will remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, noncompliance or alleged noncompliance with, U.S. Department of Agriculture Natural Resources Conservation Service Dated 4-29-2016 or any liability under, any Environmental Law relating to the operations or conditions of the Protected Property. Grantor further warrants that it has no actual knowledge of an undisclosed release or threatened release of Hazardous Materials, as such substances and wastes are defined by applicable Federal and State law. Furthermore, Grantor warrants the information disclosed to Grantee and United States regarding any past violations or non-compliance with Environmental Laws and associated remedial actions, or any past releases of Hazardous Materials and any associated remedial actions is complete and accurate. Moreover, Grantor hereby promises to hold harmless and indemnify Grantee and the United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any hazardous materials on, at, beneath or from the Protected Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Protected Property. Grantor's indemnification obligation will not be affected by any authorizations provided by Grantee or the United States to Grantor with respect to the Protected Property or any restoration activities carried out by Grantee at the Protected Property; provided, however, that Grantee will be responsible for any Hazardous Materials contributed after this date to the Protected Property by Grantee. "Environmental Law" or "Environmental Laws" means any and all Federal, State, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies, or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right -to -know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection, and similar environmental health, safety, building, and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials, and any other element, compound, mixture, solution, or substance that may pose a present or potential hazard to human health or the environment. 4. Extinguishment, Termination, and Condemnation. The interests and rights under this Agricultural Land Easement may only be extinguished or terminated with written approval of the Grantee and the United States. Due to the Federal interest in this ALE, the United States must review and approve any proposed extinguishment, termination, or condemnation action that may affect its Federal interest in the Protected Property. With respect to a proposed extinguishment, termination, or condemnation action, the Grantee and the United States stipulate that the fair market value of the ALE is percent, hereinafter the "Proportionate Share," of the fair market value of the land unencumbered by this ALE. The Proportionate Share will remain constant over time. If this ALE is extinguished, terminated, or condemned, in whole or in part, then the Grantor must reimburse Grantee and the United States an amount equal to the Proportionate Share of the fair market value of the land unencumbered by this ALE. The fair market value will be determined at the time all or a part of this ALE is terminated, extinguished, or condemned by an appraisal that meets the Uniform Standards of Professional 10 1-M U.S. Department of Agriculture Natural Resources Conservation Service Dated 4-29-2016 Appraisal Practice (USPAP) or Uniform Acquisition Standards or Federal Land Acquisition (UASFLA). The appraisal must be completed by a certified general appraiser and be approved by the Grantee and the United States. The allocation of the Proportionate Share between the Grantee and the United States will be as follows: (a) to the Grantee or its designee, percent of the Proportionate Share; and (b) to the United States percent of the Proportionate Share. Until such time as the Grantee and the United States receive the Proportionate Share from the Grantor or the Grantor's successor or assign, the Grantee and the United States each have a lien against the Protected Property for the amount of the Proportionate Share due each of them. If proceeds from termination, extinguishment, or condemnation are paid directly to Grantee, the Grantee must reimburse the United States for the amount of the Proportionate Share due to the United States. 5. Amendment. This ALE may be amended only if, in the sole and exclusive judgment of the Grantee and United States, by and through the Chief of NRCS, such amendment is consistent with the purposes of this ALE and complies with all applicable laws and regulations. The Grantee must provide timely written notice to the Chief of NRCS of any proposed amendments. Prior to the signing and recordation of the amended ALE, such amendments must be mutually agreed upon by the Grantee, Grantor, and United States, by and through the Chief of NRCS. Any purported amendment that is recorded without the prior approval of the United States is null and void 11 WNA TCOM COUNTY COUNCIL AGENDA BILL NO. ,2017 g CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Various See "Summary" Below Division Head: Dept. Head: Prosecutor: Pui-chasing/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.whatconz.wa.us/council. E:1AJ WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-279 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: I (l V\ tn.=, LJ� 0912612017 Finance Committee Division Head: , =R YA`It .,"CO 33 COUNTY Dept. Head: PR 0911512017 Prosecutor: Purchasing/Budget: Executive: �po TITLE OF DOCeMfXT, Land Records GIS Vendor Presentation ATTACHMENTS: 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.) A brief presentation by Bruce Harris & Associates, Inc. (BHA) will be given to the Council on the proposed contract between BHA and Whatcom County to assist with converting existing Assessor's Office Mylar maps and processes to Geographic Information Systems (GIS). 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.whatconz.wa.us/council. FOR WHATCOM COUNTY COUNCIL AGENDA BILL No. 2017-279A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: �I_.�,, -, ( �_ 0912612017 Finance Council Originator: I _, l\ i�' I, _.' [) I Division Head: , S KW Dept. Head: PR l k'G 0 MCOUNTY Prosecutor: %1 COUNCIL Purchasing/Budget: Executive: 06 . I ,9. / TITLE OF DO, E T: Land Records GIS Conversion and Automation Services ATTACHMENTS: 1. Cover Memo on Integrated Land Records and Permit System Project 2. Cover Memo on Contract 3. Contract Information Sheet 4. Contract for Services Agreement SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Request approval for the County Executive to enter into an agreement between Whatcom County and Bruce Harris & Associates, Inc. in the amount of $758,750.00 for professional services to assist with converting existing Assessor's Office my maps and processes to Geographic Information Systems (GIS). COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: rLthe se Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on ounty's website at: www.co.whatcom.wa.us/council. Et101 h1l MR fAVt M$J►i K4,1 $11111.1 ► k i A EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM TO: Whatcom County Council FROM: Jack Louws, County Execu -tve RE: Integrated Land Records and Permit System Project DATE: September 18, 2017 Jack Louws County Executive Background Going into the 2017/2018 Biennium budget process we focused on continued investments in technologies to increase efficiencies, effectiveness and value to our citizens. I am encouraged by the progress that we have made in 2017 as it relates to the Integrated Land Records and Permit System Project. The following items will be before Council over the next few Council meetings: • Contract with Bruce Harris and Associates for Land Records Geographic Information Systems (GIS) Conversion and Automation • Supplemental Budget Request for New Permit System • Contract for New Permit System Land Records GIS We established the Integrated Land Records and Permit Management System Fund with the anticipation of contracting for the land records GIS and hiring a consultant to assist with requirements and a Request for Proposal (RFP) for a new permit system. A proposed contract is now in place with Bruce Harris and Associates in the amount of $758,750 to assist the Assessor's Office with the Land Records GIS piece of this integrated project. We are seeking Council concurrence for Executive execution of this project budget based contract on the September 26, 2017 Council Agenda. Permit System The next step is to complete the budgeting and contracting for the new permit system project. In the 2017/2018 Biennium, the Executive and Council made a preliminary budget transfer of $783,092 towards a new permit system. Budgeting for the overall project was deferred until the County completed its needs assessment and received cost estimates from the RFP process. A top vendor has now been identified for a new permit system and overall costs for software, hardware and implementation services is estimated to be $1.6 Million. A budget supplemental of approximately $700,000 to fund the overall project is anticipated to be before Council in October 2017 along with a contract with our top vendor. I look forward to continuing to work with Council to complete the Integrated Land Records and Permit System Project. WHATCOM COUNTY ASSESSOR'S OFFICE Whatcom County Courthouse 311 Grand Avenue, Suite 106 Bellingham, WA 98225-4038 KEITH M. WILLNAUER Assessor TO: FROM: RE: DATE: Jack Louws, County Executive Whatcom County Council 9 Keith Willnauer, Assessor Perry Rice, IT Manager WHATCOM COUNTY INFORMATION TECHNOLOGY Whatcom County Courthouse 311 Grand Avenue, Suite 305 Bellingham, WA 98225-4038 Land Records GIS Conversion and Automation Contract August 30, 2017 r. n PERRY L. RICE IT Manager i JACK I...OUWS COUNTY EXECUTIVE Enclosed for your consideration is the proposed agreement between Whatcom County and Bruce Harris & Associates, Inc. for land records geographic information systems (GIS) conversion and automation. ■ Background and Purpose The Assessor's Office currently uses traditional "ink and mylar" to produce and maintain the statutorily required Assessor's Map. The purpose of this contract is to assist the Assessor's Office transition to using GIS as the primary method of maintaining the Assessor's Map. Approximately 115,000 parcels and other map features on existing mylar maps will be converted to GIS utilizing an industry standard design. Automated workflows will be created in GIS to help Assessor's Office staff efficiently maintain and publish land records datasets. In 2016, Whatcom County contracted with Environmental Systems Research Institute (ESRI). ESRI introduced the ArcGIS for Land Records Data Model and then performed a preliminary conversion of Assessor's Office land records data to help validate the design. The design was then incorporated into a Request for Proposal (RFP). In 2017, Whatcom County issued RFP #17-42 for Land Records GIS Conversion and Automation and selected Bruce Harris & Associates, Inc. (BHA). BHA has extensive expertise in land records GIS and has successfully completed many similar projects. In addition to the Assessor's Office, this overall effort will benefit numerous County departments and regional entities that depend on a countywide GIS parcel layer. This project is also critical to the successful implementation of a new Permit System and Web GIS planned for 2018 — 2019. ■ Funding Amount and Source The maximum consideration for the initial term of this contract is $758,750.00. The Integrated Land Records and Permit Management System Fund (project budget) was established in Ordinance 2014- 085 to fund this and other projects. Please contact Keith Willnauer at x5050 or Perry Rice at x5235 if you have any questions or concerns regarding the terms of this agreement. WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 0619 0® Originating Department: Assessor's Office & Information Technology Division/Program: (i.e. Dept. Division and Program) Geographic Information Systems Contract or Grant Administrator: Keith Willnauer / Perry Rice Contractor's / Agency Name: Bruce Harr1S &Associates, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ❑ No ® If No, include WCC: 3.08.100 (Project Budget) (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): RFP #17-42 Cost Center: 369100 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 $ 758,750.00 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, professional services, or $ 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: Enclosed for your consideration is an agreement between Whatcom County and Bruce Harris & Associates, Inc. in the amount of $758,750.00 for professional services to assist with converting existing Assessor's Office mylar maps and processes to Geographic Information Systems (GIS). Term of Contract: Tenn: 10 Months I Expiration Date: 7/31/2018 Contract Routing: 1. Prepared by: KW \ PR �( 'e� Date: 2. Attorney signoff: Date: 3. AS Finance reviewed: Date: 4. IT reviewed (if IT related):Date: 5. Contractor signed: %5614 Date: 6. Submitted to Exec.: , X Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: Last edited 10/31/16 C- w RIGINAL OCONTRACT FOR SERVICES AGREEMENT Land Records GIS Conversion and Automation Whatcom County Contract No. 7- Of 01�00 Bruce Harris & Associates, Inc. , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: GeneralConditions.............................................................................................................. pp. 1 to 8, Exhibit A (Scope of Work).................................................................................................... pp. Al to A21, Exhibit B (Compensation).................................................................................................... pp. B1, Exhibit C (Certificate of Insurance)...................................................................................... pp. C1, Exhibit D (Project Schedule)................................................................................................ pp. D1, Exhibit E (Use of Auditor's Office Recorded Documents).................................................... pp. El. 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 27th day of September, 2017, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of Jam, 2018. The general purpose or objective of this Agreement is for professional services to convert existing County Assessor's Office mylar maps and processes to Geoqraphic Information Systems (GIS) using the parcel fabric Local Government Information Model, 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 $758,750.00 . The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 20 _ CONTRACTOR: Bruce Harris, President Bruce Harris & Associates, Inc. STATE OF ILLINOIS COUNTY OF ) ss. On this It dav of � 6 i 20 i1, before me personally appeared ` rr�� to me known to be the C,--S �-0��(title) of _ . t4krv7L (Company) and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARf PUBLIC in and for the State of Illinois, residing at My commission expires Contract for Services Agreement Land Records GIS Conversion and Automation F CIAL SQL E M PITTMAN C - STATE OF ILLINOIS ION EXPIRES:03/02/18 r Page 1 V2.0 Nl11 WHATCOM COUNTY: Recommended for Approval: County Assessor Date 12017 InforrAtion Technology Manager Date Appro d as to form: 1 -7 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: Bruce Harris & Associates, Inc. (Type in Name of Contractor/Firm) Bruce Harris, President (Type in Name & Title of Signatory Authorized by Firm Bylaws, if applicable) Address: 21 N. River St. Batavia, IL 60510 Mailing Address: 21 N. River St Batavia IL 60510 Contact Name: Bruce Harris Contact Phone: (630) 761-0951 Contact FAX: (630) 761-0952 Contact Email: bruce(c0ruceharns.com_ Contract for Services Agreement Land Records GIS Conversion and Automation Page 2 V2.0 91 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 Accountinq and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate 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." Contract for Services Agreement Land Records G1S Conversion and Automation Page 3 V2.0 M 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: Not Applicable Contract for Services Agreement Land Records GIS Conversion and Automation Page 4 V2.0 93 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: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 (this amount may vary with circumstances) General Liability & Property Damage for bodily injury- $1,000,000.00 (this amount may vary with circumstances) A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory. a. Professional Liability - $1,000,000 per occurrence: 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. Professional Liability - $1,000,000. per occurance (this amount may vary with circumstances) Contract for Services Agreement Land Records GIS Conversion and Automation Page 5 V2.0 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. 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. Contract for Services Agreement Land Records GIS Conversion and Automation Page 6 V2.0 95 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: Perry Rice Information Technology Manager Whatcom County 311 Grand Avenue, Suite 305 Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment Suspension Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: 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. Contract for Services Agreement Land Records GIS Conversion and Automation Page 7 V2.0 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. C. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement Land Records GIS Conversion and Automation Page 8 V2.0 97 Exhibit A - Scope of Work PHASE 1 - PROJECT INITIATION Task 1.1 - Project Kick -Off Meeting As part of project initiation a project kick-off meeting will be held. The meeting will take place at the Whatcom County offices. A typical project kick-off meeting agenda includes: • Project Team Introductions • Discussion of BHA Project Roles • Discussion of Whatcom County Project Roles • Technical Project Overview • Review of Project Milestones and Project Plan • Review of Project and Status Reporting • Finalization of Project Schedule • Discussion of Project Risks • Review of Project Assumptions • Discussion of Change Management Plan • Communication Plan BHA's Project Manager will communicate with Whatcom County staff throughout the project and will be responsible for the overall project communication. Task 1.2 - Develop a Detailed Project Schedule Upon completion of the project kick-off meeting, BHA will finalize a detailed project schedule based on agreed upon deliverables. Project milestones will be developed and a Gantt chart reflecting those milestones will be created. This chart will be updated continually throughout the project. The project schedule will include multiple incremental deliveries of the County during Phase 3. Task 1.3 - Pilot Project Implementation Planning As part of this task BHA and Whatcom County staff will plan the pilot project. This pilot project will include a representational area chosen by Whatcom County to be fully converted and tested. The project approach will be an opportunity to test and refine the following portions of the project, including: 1. Review Process and Acceptance Criteria 2. GIS Data Model Creation 3. Parcel Fabric Conversion Methodology The pilot area will represent the following: • Rural Parcels Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page AI of 21 4-0] • Urban Parcels • Multi -PIN Parcels such as Condominiums and Townhouses (three dimensional subdivisions) • Subdivisions • Undivided Interests • Coincident Layers BHA and the Whatcom County staff will mutually agree upon a pilot area. It is anticipated that the pilot project will be delivered within two months of the signed contract. Task 1.4 - Develop Parallel Data Maintenance Plan BHA's typical approach to preventing a parcel maintenance backlog is to make multiple incremental deliveries throughout the project, as established in Task 1.2. Approximately 2 to 4 weeks prior to delivery, all updates are added to the delivery so that the delivered area is as up to date as possible. It will then become the County's responsibility to make future updates to that delivered area. These future updates will be used during the training phase. Whatcom County staff will provide BHA staff documentation throughout the project for undelivered areas that includes a Map Change form with associated source documents. Task 1.5 - Establish Review and Acceptance Criteria BHA and the Whatcom County staff will determine the review criteria of the deliverables and then acceptance criteria. It is anticipated that each deliverable area will include a 30- to 60-day or mutually agreed upon review period. Each delivery will be accepted as completed when the Whatcom County staff determines that it meets the agreed upon quality standards. The Whatcom County staff must provide a list of any deficiencies found to BHA for resolution. It is anticipated that this criteria will include the following: • Spatial Accuracy • Inclusion of All Features • Topological Integrity • Parcel Fabric Integrity • Geodatabase Model Conformity • Attribution including proper use of subtypes and domains • Adherence to Mapping Standards • Discrepancy Review Software Requirements: • Esri ArcGIS for Desktop 10.5 or newer Standard or Advanced BHA Responsibilities: • Conduct Project Kick-off and Project Planning Meetings • Create Project Management Plan Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A2 of 21 NQl Whatcom County Responsibilities: • Participate in Kick-off and Project Planning Meetings and Provide Feedback • Review and Approve Project Management Plan • Review and Approve All Documentation and Procedures • Provide Completed Map Change Forms with Source Documents for undelivered areas Assumptions: • Meetings will occur at Whatcom County Offices or via Web Meeting Deliverables: • Project Management Plan • Detailed Project Schedule • Quality Control and Acceptance Procedures Documentation • Parallel Maintenance Plan a= ., • �: a c. �, ;� �' :1 Task 2.1 - Requirement Collection BHA will conduct an onsite workshop to develop and finalize the functional and technical requirements of the project. During the workshop, the following will be discussed and/or identified: 1. ArcGIS Local Government Information Model Overview 2. Review of Existing Editing Workflows 3. Establish Technical and Functional Requirements 4. Gap Analysis of ArcGIS Local Government Information Model against Whatcom County Functional Requirements 5. Gap Fit Analysis for Local Government Information Model against specifications contained within the Revised Code of Washington (RCW) 84.40.160 The result of the workshop will be to define the data information required to create the data model as described in Task 2. BHA's expertise in similar projects will ensure that the Whatcom County data model is defined and that the Parcel Fabric layers are constructed in a way that is extensible and flexible to support Whatcom County's needs as well as the other departments' layers that are built off the Parcel Fabric. Day 1: • ArcGIS Parcel Editing Solution (Parcel Fabric) and Local Government Information Model Overview o What are Parcels? o Parcel Fabric Architecture Overview o Parcel Types defined in the Fabric Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A3 of 21 K11C o Parcel Editing Workflows ■ Merge Parcels ■ Parcel Split: Metes and Bounds ■ Parcel Split: Area Description ■ Parcel Split: Parent Parcel ■ New Subdivision ■ New Subdivision from CAD ■ Boundary Line Adjustment o Tax Map Book Template Day 2: • Review of Whatcom County current editing workflows • Review Esri recommended procedures and adjust as needed • Gap Fit Analysis of COTS Local Government Information Model versus Whatcom County GIS Requirements • Review Revised Code of Washington (RCW) 84.40.160 Requirements Two BHA GIS consultants will be onsite at the Whatcom County offices for two consecutive days. Task 2.2 - GIS Data Model Creation Esri's ArcGIS Local Government Information Model (LGIIVI) will be the geodatabase model used for this project. BHA staff will configure and expand the model to meet the needs of Whatcom County. This project will focus on the following datasets: • Cadastral Reference (contains PLSS features such as Townships and Sections) • Parcel Editing (contains the Parcel Fabric used for editing parcels) • Parcel Publishing (contains Parcel feature classes used for map publishing as well as Simultaneous Conveyance also known as Subdivisions) • Cadastral Add -On Dataset will be created and configured during this task • Administrative Area to store corporate/municipal boundaries All datasets will be in NAD_1983_StatePlane_Washington_North_FIPS_4601—Feet (US Feet). Functional and Technical Requirements workshops will result in BHA's staff collecting the necessary information from Whatcom County staff in order to successfully design the data model. BHA will use the Tax Parcel Editing map document provided by Esri in conjunction with the LGIM. This provides cartographic elements similar to the County's current GIS maps. The template and model are available for free from Esri. Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A4 of 21 101 BHA has reviewed both the map document and the LGIM provided by Esri and has determined that both will need to be expanded to meet the requirements of the printed tax maps. The geodatabase model will determine if the data should be stored as dynamic labels or annotation. The Commercial off the Shelf (COTS) ArcGIS Parcel Editing Solution relies heavily on labeling for cartographic styling. This approach sacrifices editing efficiency over cartography. Therefore, we design our models using more annotation feature classes than the COTS solution and rely less on labeling. BHA and Whatcom County will mutually agree upon the best method for each text type. Labeling advantages and disadvantages will be discussed with the County. BHA recommends using annotation as opposed to labeling to achieve the mapping standards necessary to fulfill the requirements set forth in the Revised Code of Washington (RCW) 84.40.160 as well as maintain the cadastral standards used on the existing maps. Annotation provides much better control over the placement of the text on the map, thus ensuring the standards are accurately and repeatedly met whenever maps are printed or viewed. The resulting data model will work together with the map documents described in the next two tasks to meet the Revised Code of Washington (RCW) 84.40.160 requirements. The database will also take advantage of our MapAscend Productivity Enhancement extension to ArcGIS for Desktop. While the County desires a COTS ArcGIS Parcel Fabric implementation, we feel these tools will assist the County with daily maintenance. These tools streamline maintenance in ArcMap. The data model and mapping standards for this project require detailed annotation placement and cadastral symbols such as hooks, tips, and arrows. MapAscend provides quick and easy placement of both these symbols and annotation. Using MapAscend is completely optional and does not lock the geodatabase in any manner that prevents using Esri's standard editing tools. Task 2.3 - Source to Target Mapping BHA and Whatcom County GIS staff will develop a source to target mapping to be used for this project. The geodatabase fields designed/configured in Task 2.2 will be documented as to their source during the data migration during Phase 3. A spreadsheet of mutually agreed upon file formats will be used. Not all fields will be attributed as part of the data migration process and this information will be captured during this process. Task 2.4 - Design Working and Staging Geodatabases BHA will define the working and staging geodatabases to be used during Phase 5. These geodatabases will be designed based on the source to target mapping developed during Task 2.3 and in order to load data into the geodatabase schema developed in Task 2.2. Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page AS of 21 102 Task 2.5 - Map Document (.mxd) Development for Printing The goal of this task will be to design Map Documents to produce map books and pages in accordance with Revised Code of Washington (RCW) 84.40.160 requirements. The Data Driven Pages functionality of ArcGIS for Desktop will be used. Data Driven Pages provides the following functionality that will be required: • Iterate through a series of map pages using a single ArcMap layout using an Index Layer • Dynamically update page name • Dynamically update page number • Dynamically update township, range and sections • Dynamically update printing date • Adjacent Pages • Last Modified Date The ArcMap document will allow users to be able to create PDFs or print all, a series, or individual map pages. BHA staff will take advantage of the ArcPY (Python) scripting language to extend the functionality of data driven pages to add custom elements if required. Task 2.6 - Map Document (.mxd) Development for Editing It is important to design the database together with the map document to ensure that the designed system matches the standards required for this project. The map document development process will include creating map documents to be used for both editing and publishing. The map document works together with the geodatabase model to create the map cartography. The map development process will include: • Review of any existing map documents • Review of LGIM map documents • Creation of new Whatcom County map documents for parcel editing • Data source mapping • Modification of label expressions per geodatabase model design when applicable • Per user configuration BHA Responsibilities: • Conduct Two Day Onsite Functional and Technical Requirements Workshop • Create Functional and Technical Requirements • Configure Local Government Information Model • Create Map Documents (.mxd) for Editing and Printing Whatcom County Responsibilities: • Participate in Functional and Technical Requirements Workshop Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A6 of 21 W�10 Assumptions: • Meetings will occur at Whatcom County Offices or via Web Meetings Exclusions: • Only the CadastralReference, ParcelEditing, and ParcelPublishing datasets of the Local Government Information Model will be configured. All other LGIM datasets will not be included. Deliverables: • Local Government Information Model Design in XML and File Geodatabase Format • Map Documents for Editing and Printing PHASE 3 — PILOT PROJECT The goal of the pilot project will be to test the designed system ensuring that all functional and technical requirements are met. The pilot area will be constructed in the geodatabase model utilizing coordinate geometry, deeds and surveys, and any other pertinent information to properly construct all feature classes required for the pilot area. This will include but is not limited to rural parcels, urban parcels, townhouses/condos, and subdivisions. The Parcel Fabric construction will occur using the same methods as the balance of the project as described in Phase 4 excluding Tasks 4.3.2 and 4.3.3 as the pilot area will be located outside of the City of Bellingham. Upon completion, Whatcom County staff will be required to perform User Acceptance Testing and sign off on the pilot prior to proceeding with Phase 4 of the project. Task 3.1 - Parcel Fabric Construction During this pilot phase of the project, the methodology used in the Parcel Fabric construction phase will be identical to those performed during Phase 4 excluding Tasks 4.3.2 and 4.3.3. BHA staff will construct the data for the pilot area agreed upon in Phase 1. Task 3.2 User Acceptance Testing (UAT) Prior to Whatcom County conducting the UAT, BHA will conduct a thorough review of each deliverable with Whatcom County to ensure that the deliverable fully meets the requirements. Whatcom County will go through one or more UAT cycle(s) for system review once the data has been installed. As the Whatcom County staff tests the system, they will enter their feedback into the UAT form as a "deficiency" or "completed as expected." Criteria for acceptance will be as defined during Phase 1. The UAT process will be conducted as follows: • County to review and provide feedback within 2 to 3 weeks. • BHA to investigate reported issues and correct them within 1 to 2 weeks. • County reviews corrections and signs off within 1 week if all reported issues are resolved. • This UAT cycle will repeat until all issues have been resolved. Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A of 21 KITIJ UAT will be performed in an ArcGIS Enterprise (ArcSDE) database for the pilot project. Data will be delivered via FTP, VPN or other mutually agreed upon method. PHASE 4 - DATA MIGRATION The creation of the Parcel Fabric will occur in the tasks outlined in this Phase. All data conversion will occur initially outside of the Parcel Fabric with conversion into the Parcel Fabric occurring immediately afterwards. We have determined that this is a best -practices approach as mass production can occur more efficiently outside of the Fabric without impacting the quality of the final deliverable. ArcGIS Data Reviewer will be used throughout the construction process to ensure data quality. For this phase, the following process diagrammed below will be followed: Fail ;x Pass Fait Pass Pass s „ V Data Deia �'pata Manua! Parcel Fabric Manual Finale Reviewer Conversion Reviewer QA/QC Conversion QA/QC Delivery y m, Map Maintenance Task 4.1- Data Collection The first phase of the mapping project involves working with Whatcom County to review the existing digital orthophotography and gather resource materials, including: subdivision plats, original government surveys, survey plats, railroad right-of-way maps, U.S.G.S quadrangle sheets (digital and/or paper), county maps, mylar maps, county, state, and federal highway right- of-way maps, any existing maps and aerials, surveys, and other pertinent information. This information will be used to accurately locate and inventory all parcel boundaries. In addition, the CAMA data will be gathered electronically. This shall include the owner's name, situs address, parcel number, acreage, and the legal description for each parcel. The above data will be sorted by individual section and quarter -section. Using the digital orthophotography as a base, the initial digitization of physical features is performed during the first phase of the mapping task. The aerial photography must be in NAD_1983_StatePlane_ Washington_ North _FIPS_4601_Feet (US Feet) coordinate system. This will serve as the foundation for the remainder of the tasks during this Phase being referenced to this coordinate system. Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A8 of 21 105 Task 4.2 - Create PLSS Features and Control Corners BHA will construct PLSS Features from existing GIS features and Control Points when available as well as with the digital orthophotography. BHA will construct township and section polygon features. These features will have the appropriate township and section numbers populated in the attribute tables. These features will be loaded into the Parcel Fabric during Task 3.4. When multiple corners exist, BHA staff will evaluate the data to determine if a single PLSS corner can be identified. Task 4.3 - Data Conversion While the City of Bellingham's data is in a usable format, other areas of the County currently do not have any usable GIS data. BHA will use a combination of methodologies to create or convert the County's missing/non-usable data, including direct conversions, heads -up digitizing from mylar maps, and COGO/other precision placement methodologies such as offset and proportioning. Task 4.3.1 - Georeference Mylar Maps BHA will use the Georeferencing tools in ArcGIS to georeference the County's —1490 mylar maps that have not already been georeferenced by Whatcom County staff. The first step will be to convert the map pages from PDF format to either TIFF or JPEG. After this process is complete, BHA will add control points based on identifiable features on the mylar maps and features with known coordinates, such as aerial photography, or other layers such as parcels, sections, etc. These maps will be used in future steps during this Phase, and will be delivered to Whatcom County. Task 4.3.2 - Migrate City of Bellingham to Working Databases During this task, BHA will migrate the City of Bellingham's data to working databases designed during Phase 2. The purpose of this task is to prepare the data for loading into the Parcel Fabric. The following operations will occur: • Fixing Topology Errors • Convert Polygons to Lines (LOGO values will be retained during the conversion process whenever possible) • Address multi -part features • Flag natural boundaries as line strings • Apply global curves and line fixes • Apply case by case curves and line fixes (multi -segment lines) • Fix small segment features • Create Lot Features • Create Subdivision Features Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A9 of 21 Task 4.3.3 - Create Annotation/Symbols from Mylar Maps for City of Bellingham In the working databases, BHA will create annotation/symbols for the City of Bellingham using the County's georeferenced mylar maps. The following annotation and symbols will be captured: • Lot numbers • Parcel numbers • Subdivision names • Block number • Easement text • Road and hydro names • Hooks, Arrows and Tips Each annotation or symbol will be digitized into its proper feature class with the proper scale. Task 4.3.4 - COGO Parcels when Required (Outside City of Bellingham) Parcel/lot features will be created using a combination of precision point entry and coordinate geometry (COGO) or by digitizing features from the digital orthophotography. Even when using the legal descriptions and/or subdivision plats, not all parcels can be captured using COGO techniques. In this case the parcels may require additional research or are mapped to the orthophotography when photo identifiable boundary features are present. The compilation accuracy is then limited to these photo identifiable features that may include hydrography, right- of-way information, or even fences when there is sufficient evidence that these features coincide with a parcel boundary. Using a best -fit approach, BHA will adjust boundary information currently shown on the existing source maps and database descriptions when the following situations occur: • Parcel/lot lines cross, lie within, or are not consistent with orthophoto network or planimetric data (if available). • Parcel/lot lines cross building outlines, pavement edges, fence lines or hedge rows, curbs or any other feature indicative of property boundaries visible on the orthophoto. • Rights -of -way for roadways are not consistent with orthophotos. • Edges of source documents do not match. It is understood that in the event there are gaps or overlaps in fitting parcels with adjacent parcels, perimeters of subdivisions will have priority of placement when these adjustments are necessary. The hierarchy for control points to be used to aid in the placement of map features will be as follows: • First Choice o Government Survey Corners • Second Choice Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A10 of 21 107 o Subdivision Lot Corners o Subdivision Block Corners o Street Centerline Intersections o Right-of-way Angle Points o Right-of-way Centerline Station Points Our methodology for determining the most accurate data source includes: • Latest subdivision plats will take precedence over older subdivisions plats and/or metes and bounds descriptions. • Subdivided parcels will take precedence over parcels described with metes and bounds descriptions. • Surveyed parcels will take precedence over parcels only described in legal descriptions. • Aerial occupation (if any) will take precedence over unknown legal boundaries. • Research will be requested for areas of conflict for County resolution. Task 4.3.5 - Meads -up Digitize Parcels/Lots When Possible (Outside City of Bellingham) When appropriate, BHA will heads -up digitize parcel/lots using the georeferenced mylar maps. This will be the secondary methodology used and COGO will be a primary method when heads - up digitizing is not practical. Whenever possible and practical, the boundaries will be digitized using proportion and aerial occupation will be considered whenever possible. It should be understood that some boundaries will have approximations based on the information available. Task 4.3.6 - Create Annotation/Symbols from Mylar Maps (Outside City of Bellingham) In the working databases, BHA will create annotation/symbols for the areas falling outside the City of Bellingham using the County's georeferenced mylar maps. The following annotation and symbols will be captured: • Lot numbers • Parcel numbers • Subdivision names • Block numbers • Easement text • Road and hydro names • Hooks, Arrows and Tips Each annotation or symbol will be digitized into its proper feature class with the proper scale. Task 4.3.7 - Discrepancy Reporting BHA will report any discrepancies and/or anomalies found during the data migration. BHA will develop a polygon feature class designed specifically for this issue. This allows the GIS Technician to draw a polygon showing the features in question providing a spatial location. The report will also contain a type field with a domain value. BHA staff will work with Whatcom Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page AI I of 21 KI& County staff to develop this domain. Additionally, a comment field will be added and populated. The final design will be established during Phase 2. Task 4.3.8 - Quality Control BHA's most seasoned employees perform two sets of checking before a product is delivered for review. Quality control checks are made for each deliverable area. BHA will run a series of automated processes using the ArcGIS Data Reviewer. These final checks will be established during Phase 1. The ArcGIS Data Reviewer processes will be run on the data periodically throughout the map production process as well as at the end of the map production. When map production is completed, BHA's most experienced staff will conduct a manual quality control and quality assurance process. The process includes, but is not limited to, the following quality control checks: • PLSS and Other Survey Grid alignment with Survey Control Network • Edge Matching with Other Deliverable Areas • Aerial Photography Validation (Occupation) o Centerlines o Rights -of -way o Hydrography o Parcels o Lots o Subdivision o Easements • Parcel/Lots o Database Checks o Lines o Dimensions o Annotation and Labeling o Measurements/Proportioning o Acres • Corporate Boundary • Discrepancies • Text (Annotation) and Symbol Placement Any deficiencies found will be reported back to the technician for fixing. Once the fixes are complete, they will be quality controlled again before moving to the next task. Task 4.4 - Parcel Fabric Conversion We recommend all parcel mapping and feature construction take place outside of the Parcel Fabric. This allows for thorough checking procedures and topology validation to occur. Features will then be loaded into the delivery database including the Parcel Fabric. The methods used are generally outlined as follows: Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page Al2 of 21 109 Load Fabric Features into Staging Database BHA will load the mapped features into a series of staging geodatabases/datasets for topology validation. Each parcel type will be loaded individually. The Parcel Types in the Parcel Fabric include: Type Description 1 PLSS Township 2 PLSS Section 3 PLSS Quarter Section 4 Special Survey 5 Simultaneous Conveyance 6 Conveyance Division 7 Tax 8 Ownership 9 Encumbrance 10 Separated Right 11 Other The staging geodatabases/datasets will be used for topology validation using Esri topology validation tools in ArcGIS for Desktop. The following graphic illustrates how the database/datasets must be structured to properly load the data into the Fabric. This approach uses Esri best practices. Nwne 'i-tvntrrt Fgini., Ty(aei XC Ytl>hip5 ryP' 7f_:ePt�temr7Rt ihfa Tope' ;e, itons :�lYType 53_2U13Cdw fsio's •: PType6_Lo'si<m 3Type6_LCUs j ;ts_1, ',;ITypPE Lots{,ihi55„i iTt P'F 1>Es�nF M1 'vata�e . Try. �6 t.o sCn U_S ' [v�eT.�iscs .TsPa7 [ae acels � }Ty�'r:: r'PdrCelS AYTypM Type7 Fopotogy Typa??_rn:ai;t�i:rances }'�^e7A,rC, Vur tiGrC infer._ Y}pC'Pa'4e": pr.5ut7a.y :5[.. type�,nrG$ 01 Staging Geodatabase Structure Contract for Services Agreement Laid Records GIS Conversion and Automation Exhibit A Page A13 of 21 MIC As part of the loading process, fields must be properly mapped from the construction databases to the staging database and then to the final deliverables. Attributes collected during the mapping process will then pass through the geodatabases during the Parcel Fabric loading processes. Validate Topology and Fix Errors The next step in the process after data loading is to validate each topology and fix any errors that exist. This must be done for all feature types. Esri's Topology Validate and Error Inspection Tools will be used to validate and fix errors. All lines used for polygon construction are reviewed for accuracy, inspected for erroneous vertices, and must be 2-point lines unless they represent a natural boundary. This process must be repeated for each parcel type until all data is fully cleaned and validated. Load Parcel Fabric Esri's Load Topology to a Parcel Fabric ArcGIS Geoprocessing tool will be used to load each staging geodatabase into the deliverable geodatabase. Any issues reported by this tool will need to be resolved prior to a successful load into the Parcel Fabric. Based on our experience, this may need to be done multiple times per deliverable depending upon on the number of records to be processed. Upon completion, the data will be appended to the other areas. Once the data from the staging geodatabases is loaded into the Parcel Fabric, several final steps will occur prior to quality control. 1. Load Plans Table and associate them to applicable parcels 2. Cross Checks 3. Local Government Information Model Finalization 4. Data Loading of Features Outside of the Parcel Fabric 5. Adding feature associations to the Fabric 6. Populating TaxParcelCondo Table for Multi -PIN relationships Task 4.5 - Parcel Fabric QA/QC It is imperative to perform a final quality control on the Parcel Fabric to ensure suitable end -user editing performance. Each delivery will include reports outlining data completeness and quality assurance. The most important items to review are: • Line and Point Inconsistencies o Review of linestring creation for natural boundaries o Verification of relevant Fabric —Points for accurate COGO attributes • Data Accuracy and Feature Alignment o Review of coincident features and connections to Fabric Points Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A14 of 21 111 o Review of stacked Parcels and TaxParcel Condo Table utilization for Parent to Child Parcel relationships o Review of correct Fabric feature attributes for editing workflows, edit tracking, and Plans Table associations e Performance Quality and Review o Review of any large or complex features that can cause slow performance o Full Fabric Scan QA/QC inspection for inconsistent records (points not connected to lines, lines with the same to and from points, lines that do not belong to a parcel, line points with invalid point references, parcels without any lines, invalid adjustment vectors, invalid feature class associations) o Full Fabric Error Check for validating topological integrity (Parcel Errors, Line Errors, Point Errors, Line Point Errors, Control Point Errors) BHA will guarantee that all deliverables are properly verified for accuracy, completeness, and free from the deficiencies described. Task 4.6 - Finalize Data Driven Pages and Produce Maps During this task, BHA staff will finalize the data driven page elements as designed and described in Task 2.5. BHA staff will also produce and quality control PDF map book pages, and deliver them to the County. Task 4.7 - User Acceptance Testing (UAT) Prior to Whatcom County conducting the UAT, BHA will conduct a thorough review of each deliverable with Whatcom County to ensure that the deliverable fully meets the requirements. Whatcom County will go through one or more UAT cycle(s) for system review once the data has been installed. As the Whatcom County staff tests the system, they will enter their feedback into the UAT form as a "deficiency" or "completed as expected." Criteria for acceptance will be as defined during Phase 1. The UAT process will be conducted as follows: • County to review and provide feedback within 2 to 3 weeks. • BHA to investigate reported issues and correct them within 1 to 2 weeks. • County reviews corrections and signs off within 1 week if all reported issues are resolved. • This UAT cycle will repeat until all issues have been resolved. UAT will be performed in an ArcGIS Enterprise (ArcSDE) database for the pilot project. Data will be delivered via FTP, VPN or other mutually agreed upon method. Incremental deliverables made after the pilot project will be completed in a file geodatabase. Task 4.8 - Data Loading BHA staff will load the data into Whatcom County's ArcGIS Enterprise (ArcSDE) database. The following operations will be completed: Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A15 of 21 112 • Load Parcel Fabric Features using Geoprocessing Append Fabric Tool from Staging Geodatabase • Verify Features Loaded Successfully • Load Plans Table • Populate TaxParcelCondo Table through Append • Append Non -Parcel Fabric Features • Verify all features loaded successfully BHA Responsibilities: • Create Parcel Fabric and Local Government Information Model Data Whatcom County Responsibilities: • Conduct User Acceptance Testing (UAT) • Provide All Source Data • Provide VPN Access to Whatcom County GIS servers Exclusions: • Easements will be mapped only when located on the existing Whatcom County Assessor's maps Assumptions: • Multiple Incremental Deliveries will be made per Project Plan Deliverables: • Completed Expanded Local Government Information Model in File Geodatabase referenced to the NAD_1983_StatePlane_Washington_North_F1PS_4601—Feet (US Feet) • ArcGIS Data Reviewer Reports • Discrepancy Reports • Quality Control/Quality Assurance Reports • Assessor Maps in PDF Format PHASE 5 - PUBLISHING Task 5.1 - ArcGIS Infrastructure BHA and Whatcom County GIS staff will plan the IT and GIS environment that will be required throughout the project. Project Software Requirements (Server): • ArcGIS Enterprise 10.5 (GIS Server Standard or Advanced) • Microsoft SQL Server 2012 or 2014 Project Software Requirements (Desktop): • ArcGIS for Desktop 10.5 Standard or Advanced Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A16 of 21 113 • ArcGIS Data Reviewer Extension (optional) • MapAscend (optional) Project Software Cloud: • ArcGIS Online for Organizations BHA's standard recommendation of hardware and software is that the County enable three virtual/physical servers: Server 1: Web Server with ArcGIS Enterprise Web Adaptor • 4 CPU cores • 4 GB RAM • 100 GB drive space Server 2: GIS Server with ArcGIS Enterprise Software • 4 CPU cores • 16 GB RAM (minimum to start, with option to add more at a later time depending on usage) • 100 GB system drive • Additional drive space depends on quantity and types of data. Estimate 500 GB unless more precise information is available. Server 3: Database Server with Microsoft SQL Server 2012 (or newer) • 4 CPU cores • 16 GB RAM (or more) • 100 GB system drive • Additional drive space depends on quantity and types of data. Estimate 400 GB unless more precise information is available. BHA recommends that Server 3 be ready for data loading and testing during Phase 3. Servers 1 and 2 must be in place so this phase of the project can be completed. Task 5.2 - Assist Whatcom County with Configuring ArcGIS Online and (PACS) ArcGIS Parcel Viewer Application BHA staff has extensive expertise in configuring web applications in both ArcGIS Online, Esri APIs along with other web technologies. Our GIS Consultants shall be made available to the Whatcom County GIS staff during this task with the goal of configuring ArcGIS Online and (PACS) ArcGIS Parcel Viewer Application. Whatcom County will be responsible for providing the ArcGIS infrastructure and ArcGIS Online organization. Task 5.3 - Integration BHA staff will evaluate then recommend the best approach to integrate the County's Tax Parcels with the following systems: Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A17 of 21 114 • Assessor Treasurer System (PALS) database • Auditor's Office Recorded Documents (Helion) BHA staff will develop ETL (Export Transform Load) scripts and processes when applicable to support these integrations. The ETL scripts will combine the Tax Parcels from the Parcel Fabric with the required data from the systems of record to the Parcel Publishing datasets. For systems that require viewer integration of parcel data, map services will be published to meet these needs. Task 5.4 - New Permit System Integration BHA staff will develop ETL (Export Transform Load) scripts and processes when applicable to support this integration. The ETL scripts will combine the Tax Parcels from the Parcel Fabric with the required data from the systems of record, i.e. CAMA database to the Parcel Publishing datasets. Our staff will complete the following tasks: • Create ETL Processes • Develop Automation Processes • Assist Whatcom County GIS staff with publishing map services to support integration BHA Responsibilities: • Provide recommendations on ArcGIS Infrastructure • Assist Whatcom County Configuring ArcGIS Online and (PACS) ArcGIS Parcel Viewer Application • Provide Integration Services through the development of ETL Processes Whatcom County Responsibilities: • Provide all hardware and software in the Whatcom County IT/GIS Environment Assumptions: • All data must have a unique key that can be used to join to any associated tabular data to GIS Data. • Whatcom County must have ArcGIS for Desktop Standard or Advanced on the server, plus an available license to be used during setup, configuration, and any scheduled ETL processes. Deliverables: • ETL Scripts • Provide up to 40 hours of remote technical support to assist in Task 4.1 • Provide up to 40 hours of remote technical support to assist in Task 4.2 PHASE 6 - TRAINING At Bruce Harris & Associates, we believe that training and technical support is an absolute vital part of any project. We believe that focused training on specific tasks coupled with a broad overview of the solution as a whole is the most successful approach to the project. We also believe that providing multiple focused training sessions on real world tasks and scenarios works Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A18 of 21 115 best for our clients. Whatcom County will be responsible for map maintenance once areas are delivered. BHA staff and Whatcom County staff will collaboratively work these documents as training materials. Prerequisite Training and Staff Knowledge In order to maximize training time with BHA, we have outlined the following prerequisite Esri training by functional role: Manager (Non-GIS Professional): This management level user is responsible for managing the GIS program and staff. However, this person is not a GIS professional but needs to understand the core GIS concepts. Recommended Esri Course: • Introduction to ArcGIS GIS Supervisor: This management level user is responsible for overseeing the GIS staff, as well as day to day parcel maintenance. This user should have a thorough understanding of GIS so as to effectively carry out technical and business requirements for the GIS staff to implement. This user should have an understanding sufficient enough to perform quality control tasks. Recommended Esri Courses: • ArcGIS 1 - Introduction to ArcGIS • ArcGIS 2 — Essential Workflows • Editing and Maintaining Parcels Using ArcGIS GIS Editor: The GIS Editors are tasked with maintenance of the system when implemented. A thorough understanding of ArcGIS, Parcel Fabric, and mapping standards, as well as land records in general, is required. Recommended Esri Courses: • ArcGIS 1 - Introduction to ArcGIS • ArcGIS 2 — Essential Workflows • Editing and Maintaining Parcels Using ArcGIS Task 6.1 - BHA Training We believe that the most effective way to train the Whatcom County participants on the use and maintenance in the Fabric is to conduct training sessions for typical workflow based operations. The ArcGIS Parcel Editing Solution provides built-in workflows that can be used to help with the transition into maintaining the data with ArcGIS. The best approach for training is to conduct sessions at Whatcom County's offices for data maintenance and oversight staff. It is in the best interest of the participants of the training session that the training group is limited to four to six individuals. BHA will work with Whatcom Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A19 of 21 County staff to ensure that adequate hardware, software and tools for the training sessions are in place and tested within two weeks of the planned training date. 160 hours of training are included as part of this contract. The 160 hours of training will be split into several workshops throughout the project. Example workshops include: Parcel Fabric Basic Editing: • Parcel Workflows o Merge Parcels o Parcel Split: Metes and Bounds o Parcel Split: Area Description o Parcel Split: Parent Parcel o New Subdivision o New Subdivision from CAD o Boundary Line Adjustments • Spatial Boundary Line Adjustments (without workflows) • Parcel Splits and Combinations (without workflows) • Maintaining Parcel Points • Parcel Explorer • Parcel Details • Maintaining Control Points • Updating Parcel Corner Locations • Creating New Subdivisions (without workflows) • Maintaining parcel and non -parcel fabric related feature classes Parcel Fabric Intermediate Editing: • Importing AutoCAD maps into the Parcel Fabric • Creating Connections • Mean Points • Updating Parcel Corner Locations • Maintaining Non -Parcel Fabric Features • Maintaining Easements • Maintaining Right-of-way • Maintaining Related Layers in Parcel Fabric • Plans Table and the Job Book Parcel Fabric Advanced Editing: • Mass updates to Parcel Attributes and Features • Running Least Squares Adjustments • Advanced Parcel Fabric Querying • Maintaining Condominiums, Townhouses and Mobile Homes • Coincident Layer Adjustments Advanced GIS (Non -Parcel): • Geocoding Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A20 of 21 117 • Importing Data • Layer comparisons Parcel Map Publishing: • Data Driven Pages BHA and Whatcom County staff will collaboratively work on recorded documents during the workshops described above, or during individual training sessions for delivered areas. These are ideal for use as real world training materials and scenarios. BHA will also provide documentation for the ongoing and repetitive tasks. These include development of Standard Operating Procedures (SOPs) for: • Adding new subdivisions • Adding condominiums, townhouses, and mobile homes • Parcel splits and combines • Synchronizing parcel edits with coincident layers • Other repetitive or recurring tasks BHA Responsibilities: • Conduct Training Workshops • Provide Ongoing Training and Technical Support throughout the Project Whatcom County Responsibilities: • Provide all hardware and software for training environment Deliverables: • Documentation for all training topics • Standard Operating Procedures (SOPS) Documentation Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit A Page A21 of 21 W,7 EXHIBIT "B" (COMPENSATION) The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $758,750.00. This is a fixed price contract and payments will be made upon acceptance of project milestones as identified below and as described in the Scope of Work in Exhibit A. The Whatcom County Contract Number shall be included on all billings or correspondence in connection with this Agreement. Payment will be made upon receipt of a properly prepared invoice from Bruce Harris & Associates, Inc. subsequent to completion of the milestone. All travel expenses are included in these fixed costs. Payment Amount Target Completion Date % Total Fixed Services Professional Services Payment Milestone 1 $15,175.00 9/30/2017 2% Due Upon Completion of Phase 1 Task 1.1 (Project Kick -Off Meeting) 2 $18,850.00 10/31/2017 2% Due Upon Completion of Phase 1 (Project Initiation) & Phase 2 Data Model Design) 3 $24,436.00 11/30/2017 3% Due Upon Completion of Phase 3 (Pilot Project) 4 $146,619.00 12/31/2017 19% Due Upon 25% Completion of Phase 4 (Data Migration) 5 $146,619.00 1/31/2018 19% Due Upon 50% Completion of Phase 4 (Data Migration) 6 $146,619.00 2/28/2018 19% Due Upon 75% Completion of Phase 4 (Data Migration) 7 $146,619,00 3/31/2018 19% Due Upon 100% Completion of Phase 4 (Data Migration) 8 $113,813.00 4/30/2018 15% Due Upon Completion of All Phases and Final Acceptance Total $758,750.00 100% Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit B Page B 1 of 1 119 EXHIBIT "C" (CERTIFICATE OF INSURANCE) - OATE (MMIDDIYYYY) �Cc�rzc� CERTIFICATE OF L.IABIL..ITY INSURANCE 8/23/2017 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 PRODUCER arum -Halsted Agency Inc 127 N. Kirk Rd., Suite 113 3eneva IL 60134 u INSURED BRUCE-2 .INSURER 8.: ...... ..________ . .... -------- _ ..._.__ ._... .._._.._ .... Bruce Harris & Associates Inc INSURER C.:. _ ......... ........................................ BruceHarris ....... ..............._.........................................._............ .......... ........................................... _............... ........_......__.................._!...................._................. Batavia IL 60510 INSURERE: INSURER F : r`!'1VFr?A r: F11 r:FRTIFIrATF It11IMRFR• 70f1 Pr,'2'1P REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I .. ._._... ...._...... .... ...... ......... ADDL SU82 .. ....... LTR TYPE OF INSURANCE i INSR! WVD i POLICY NUMBER ........ ......... ........ .......................................... .. POLICY EFF POLICY EXP .. MMJOD/YYYY MMIDDIYYYY I LIMITS A 1, GENERAL LIABILITY 11114,12017 i 1t1412018 EACH OCCURRENCE S1,DOtl,tl00 COMMERCIAL GENERAL_ LIABILITY _- DAP,fAGG l'O f2EN7FO r ... — I PREMISES (Ea occunenc '—{— $300 000 IX II CLAIMS ,BADE Lx OCCUR f MED EXP(Any one Person) LS 10,000 _. ._. __ r........ r--- I � PERSONAL INJURY iS1_000,000 I i ;GENERAL AGGREGATE S2,DOD.000 _.. .._. _.. ... ...._ _. .................... ..... ... .. .......... ........: • GEN'L AGGREGATE LIMIT APPLIES PER: + i PRODUCTS OMP+OP A G $2,000 000 ........ .. .... ...... .. r..........., ,...........E .........., i I POLICY :PRO. LOG A I AUTOMOBILE LIABILITY 6020911144 I_......., : 111412017 1114(2038 {Ea accident) ... .... ........ .... i ANY AUTO BODILY- INJURY(Per person) S ALL OWNED SCHEDULEDAUTO BODILY 1NSiJRY (Pe, accident) $ SAU70S AUTOS -ON,VN O X I PROPERTY DAMAGE POaaR YDAMA4E �_..... HR ALITOS ( _�. ........ ..._. l A X UMBRELLA LIAB X OCCUR 6020943332 1 1114,2017 i 111412018 !.!EA H OCCURRENCE 52 000 WD EXCESS LIAB CLAIMS•MADE AGGREGATE S2.000 000 DED I ; RETENTION $ I 5 WORKERS COMPENSATION A i602D911130 1l14t2017 1!14/2015 X 'A STATU. ', !OTH-i TORY LIMITS . GR AND EMPLOYERS' LIABILITY Y i N .. ... ....... .......i .... _. _....._............. �550tl i AN PROPRIETOR/PARTNER/EXECUTIVE ❑ Y NIA' E.L.EACH ACCIDENT 000 OFFICFRIMEMP.ER EXCLUDED' (Mandatory in NH) ! E L. DISEASE FA EMPLOYEE S50Q000 ___...__.____ I if yes. desrdbe under I DESCRIPTICPI pO OPERATIONS below I E.L. DISEASE • POOLICY LIMIT $500,000 A 1ProfLiab 6020911144 1/14/2017 ! 1f14/2018 ;per claim 1,000,000 aggr 1,000,000 I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Bruce Harris and Mary Harris are excluded from Work Comp coverage Whatcom County is an additional insured as respects General Liability i.CK! II'Ik,A i C r1VLLJCK l'HlYIaCLLH i I -IN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Whatcom County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 311 Grand Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Bellingham WA 98225 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit C Page C1 of 1 120 EXHIBIT "D" (TIMELINE) Project Phase Start Completion 1 - Project Initiation September 2017 October 2017 2 - Data Model Design October 2017 October 2017 3 - Pilot Project October 2017 November 2017 4 - Data Migration December 2017 April 2018 5 - Publishing December 2017 April 2018 6 - Training November 2017 April 2018 Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit D Page D 1 of 1 121 EXHIBIT "E" (USE OF AUDITOR'S OFFICE RECORDED DOCUMENTS) The Whatcom County Auditor is the custodian and owner of all copies of recorded maps or other documents including but not limited to surveys, plats, short plats, condominiums, etc. that may be transmitted to the Contractor for purposes of this project. These records are the property of Whatcom County, and use of them shall be limited to those activities necessary for the completion of the project. The Contractor shall not make use of these records for any purpose other than those specifically required to meet the contract needs. They may not be resold, redistributed, or used for any commercial, advertising, or other purpose without express written permission from Whatcom County. Contract for Services Agreement Land Records GIS Conversion and Automation Exhibit E Page E9 of 9 122 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-281. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: RP September 6, 2017 rC `a � — /j C a E C VE �V/ D September 26, 2017 Finance/Council CT Division Head: SEP 19 2017 MN( Dept. Head: WHATCOM COUNTY Prosecutor: COUNCIL Purchasin ud et: Executive: Vt TITLE OF DOCU Washington State Dep ent of Ecology agreement to partially sponsor a Washington Conservation Corps crew for 2017-2018 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 agreement between Washington Department of Ecology and Whatcom County Parks & Recreation Department provides a 6-person crew to perform trail construction during summer 2018, as part of the Lake Whatcom Park Trail Development ASR #2017-5636. Whatcom County Flood Control Zone District and Nooksack Salmon Enhancement Association are co-sponsors under separate agreements. NSEA will house the crew and provide office and equipment space at their facility. 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. 123 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET Originating Department: Parks Division/Program: (i.e. Dept. Division and Program) Contract or Grant Administrator: Christ Thomsen Contractor's / Agency Name: Washington Department of Ecology 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 thic nontmet_ cant f4nded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): is this contract the result of a RF P or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 373100 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 Icss 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 $ 60,000 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 Total Amended Amount: 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 agreement between Washington Department of Ecology and Whatcom County Parks & Recreation provides a 6-person crew to perform construction on the Lake Whatcom Park Trail Development project. Whatcom County Flood Control Zone District and Nooksack Salmon Enhancement Association are co-sponsors separate agreements. NSEA will provide office and equipment space at their facility. Term of Contract: October 2, 2017 Expiration Date: September 9, 2018 contract Kouting: 1. Prepared by: Christ Thomsen V.Kf Date: 2. Attorney signoff: Date: 3. AS Finance reviewed: Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: September 7, 2017 + 124 i LA r1: DE(/P�ARTMEE\)NT OF EOLGY State of Washington AGREEMENT NO. WCC-1719 AGREEMENT BETWEEN The State of Washington, Department of ECOLOGY AND Whatcom County Parks & Recreation Department S THIS AGREEMENT is made and entered into by and between the Department of Ecology, hereinafter referred to as "ECOLOGY", and Whatcom County Parks & Recreation Department hereinafter referred to as the "SPONSOR." IT IS THE PURPOSE OF THIS AGREEMENT to provide Washington Conservation Corps (WCC) members to complete environmental or disaster services projects, pursuant to Chapter 43.220 of the Revised Code of Washington. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Both parties agree to do all things necessary for or incidental to the performance of the work set forth in Appendix "A" attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on 10/2/2017 and be completed on 9/9/2018 , unless terminated sooner as provided herein. The WCC Crew and/or WCC Individual Placement corpsmember specified in this agreement will be available to SPONSOR on the dates set forth on the calendar in Appendix "B" attached hereto and incorporated herein. COMPENSATION The parties have determined that the cost of accomplishing the work herein will not exceed $60,000 Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. Compensation for service(s) shall be based on the following established rates: Provided by ECOLOGY Reimbursed to ECOLOGY by SPONSOR Shared WCC crew with WCFCZD and NSEA $60,000 Total SPONSOR COST $60,000 Above cost Not to be Exceeded The costs reimbursed to ECOLOGY by SPONSOR are a cost -share rate. Estimated value of a WCC crew is $5,334 weekly per WCC Crew consisting of five WCC/AmeriCorps Members and one Supervisor (excludes food and lodging). Indirect costs are included in SPONSOR share at a standard rate of 5% of direct costs. BILLING PROCEDURE ECOLOGY shall submit invoices monthly to the SPONSOR's designated contact person listed under "Agreement Management" section. Payment to ECOLOGY for approved and completed work will be made by warrant or account transfer by SPONSOR within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. 125 AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. ASSURANCES Parties to this Agreement agree that all activity pursuant to this contract will be in accordance with all the applicable current federal, state and local laws, rules, and regulations. CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. FUNDING AVAILABILITY The obligation of the SPONSOR to provide reimbursements is contingent upon appropriation of funds by the SPONSOR's governing body for the specific purpose of funding the project, which is the subject of this Agreement Upon the failure of such appropriation, the SPONSOR may terminate this Agreement. ECOLOGY's ability to provide cost -share is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the agreement, in whole or part, for convenience or to renegotiate the agreement subject to new funding limitations and conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification restrictions. GOVERNING LAW AND VENUE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state of Washington statutes, regulations, and rules. 2. Mutually agreed written amendments to this Agreement 3. This Agreement 4. Statement of Work and Budget. 5. Any other provisions of this Agreement, including materials incorporated by reference. 126 RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration of this Agreement and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties subject to state public disclosure laws. RESPONSIBILITIES OF THE PARTIES Each party of this Agreement hereby assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omissions on the part of itself, its employees, its officers, and its agents. Neither party will be considered the agent of the other party to this Agreement. RIGHTS IN DATA Unless otherwise provided, data, which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be jointly owned by ECOLOGY and SPONSOR. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 127 AGREEMENT MANAGEMENT The program manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Contract/Program Manager for ECOLOGY is Peter Nevin PO Box 47600 Olympia, WA 98504 (206) 940-3615 peter. nevin@ecy.wa.gov The Contract/Program Manager for SPONSOR is: Christ Thomsen 3373 Mount Baker Hwy Bellingham WA 98226 (360) 778-5850 cthomsen@co.whatcom.wa.us IN WITNESS WHEREOF, the parties have executed this Agreement. State of Washington SPONSOR Department of ECOLOGY Whatcom County Parks & Recreation Signature (See Attached WCPR Signature Page) Date Signature Gordon White, SEA Program Manager Printed Name, Title Printed Name, Title Date 128 WTf T A'rt—f- -f ('/lT T71T'M7. Approved as to form only: Elizabeth Gallery, senior Deputy Prosecuting Attorney, Approved: Accepted for Whatcom County Parks & Recreation Department By: Jack Louws, Whatcom County Executive, acting for the Whatcom County STATE OF WASHINGTON ) )SS COUNTY OF WHATCOM ) �9 s Date Date IF M Date On this day of , 2017, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires iW STATEMENT OF WORK Appendix A Work summary: Under direction of SPONSOR, crew(s) will perform restoration activities. Specific tasks could include trail construction and maintenance, invasive control, native species installation, and fence installation or repair. Special terms and conditions: 1. WCC members and staff will not be utilized to clear and/or clean up hazardous materials including hypodermic needles. If a significant amount of hazardous or unidentifiable material is discovered on a project site, activity will cease until SPONSOR either mitigates potential hazards or finds an alternate project site. WCC resources (includes members, supervisors, tools and trucks) will not be utilized for clearing active or abandoned homeless encampments. 2. Vehicle is not to be used for heavy hauling. The primary use of the crew vehicle is for transportation of crew, tools, and safety equipment. In the event that WCC vehicles are requested to tow SPONSOR equipment, SPONSOR is solely responsible for accidental damages, unless damages are caused by WCC negligence. 3. WCC is not responsible for normal wear and tear when project requires the use of SPONSOR -provided tools, equipment or safety gear. 4. The assignment of corpsmembers shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits. Agencies that participate in the program may not terminate, lay-off, or reduce the working hours of any employee for the purpose of using a corpsmember with available funds. In circumstances where substantial efficiencies or a public purpose may result, participating agencies may use corpsmembers to carry out essential agency work or contractual functions without displacing current employees. 5. All state holidays and shutdown weeks are non -working days for members. Shutdown weeks are to be used by WCC staff/supervisors for planning purposes. 6. The WCC standard 40-hour schedule is Monday through Thursday from 7:00am to 5:30pm. An alternate schedule may be arranged with prior approval from the WCC. 7. Indirect costs are included in SPONSOR share at a standard rate of 5% of direct costs. ECOLOGY shall: 1. Provide WCC members for the number of weeks specified in this agreement. Full-time crews and Individual Placements are available to SPONSOR for a maximum of 41.5 weeks during the Federal AmeriCorps program service year (October -September). 2. In the event of a disaster response deployment, the WCC Program will make every effort to fulfill sponsor program needs, including sending additional members, whenever possible. Invoices will include all activities during the program year including training, community service events, and other activities required by WCC, excluding Emergency Response, if needed. 3. Provide training and development specified in Appendix "B": eight (8) days of formal WCC member training, a three (3) day Orientation Training, one (1) day dedicated to MLK Community Service, and a debrief meeting near the conclusion of the term. WCC members and supervisors are logging hours on these dates, but are unavailable to sponsor to perform project work. 4. Provide a 4-day Assistant Supervisor training to the designated Assistant Supervisor. 5. For crew (s), ECOLOGY agrees to provide a crew of 5 members, a crew supervisor, vehicle, and basic hand tools. 6. Cost -share rates are not based on actual attendance, however, invoices will be reduced for member or supervisor vacancies lasting 20 days or more. 130 SPONSOR shall: 1. Guide completion of appropriate projects for the number of weeks specified in this agreement by providing the logistical, technical and safety -related support necessary for project completion. Provide site orientation for WCC members, specific on -the job task training, and any materials beyond basic hand tools to complete tasks assigned under this Agreement. Obtain and ensure adherence to applicable permits as set by local, state, tribal or federal laws and regulations. 2. Help to promote the AmeriCorps and WCC brands, logo, slogans and phrases. The WCC will provide camera- ready logo. AmeriCorps is a registered service mark of the Corporation for National and Community Service. AmeriCorps Prohibited Activities: While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or CNCS, staff and members may not engage in the following activities (see 45 CFR § 2520.65): A. Attempting to influence legislation; B. Organizing or engaging in protests, petitions, boycotts, or strikes; C. Assisting, promoting, or deterring union organizing; D. Impairing existing contracts for services or collective bargaining agreements,- E. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office,- F. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; G. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious. proselytization; H. Providing a direct benefit to — I. A business organized for profit; II. A labor union; III. A partisan political organization; IV. A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 related to engaging in political activities or substantial amount of lobbying except that nothing in these provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and V. An organization engaged in the religious activities described in paragraph 3.g. above, unless CNCS assistance is not used to support those religious activities; I. Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive; J. Providing abortion services or referrals for receipt of such services; and K. Such other activities as CNCS may prohibit. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above. Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non-CNCS funds. Individuals should not wear the AmeriCorps logo while doing so. 131 I � tiY' i�d� S's�i wW vn4 #RW . f ,xC X 3 ,q ae w "9 S m g 4 ti 'A ut S 132 Appendix C Whatcom County Parks & Recreation PROPOSED PROJECT TYPES AND GEOGRAPHIC FOCUS Lake Whatcom Trail Development Lookout Mountain Forest Preserve • Lake Whatcom Park 133 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-268 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 31 1 � � "� F11 E C � � �� t 9112117 Intro 9126117 Finance Division Head: G Committee; 2017 Council Dept. Head: WHNFCOM COUNTY op/31 1' Prosecutor- irki Purchasing/Budget, ` 1 Executive: 5 TITLE OFDOCUAE14,• 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: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUA GE: (If this item is an ordinance or requires apublic hearing, you must provide the language for use in the required public notice. Be specific and cite 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. 9/12/2017: Introduced 6-0, Weimer absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: I&= 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 1 (13,950) 14,433 Real Estate Excise Tax Fund 1 5,645 1 5,645 Total Supplemental 34,028 1 (13,950) 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: &.j- X. 4kp�� Civil Deputy Prosecutor 2017. 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 135 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 (13,950) 20,078 136 Supplemental Budget Request status: Pending Juvenile Administration S pp'10 # 2341 Fund 1 Cost Center 1967 Originator. David Reynolds - - Expenditure Type: efteeifter Year 1 2017 Add'I FTE ':•V 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 - I' 4334.0694 Office of Public Defense Grant ($13,950) 6120 Extra Help j $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 Rpt: Rpt Suppl Regular 137 3.E. "Sam" Ryan D i recto r Memorandum TO: Honorable Whatcom County Council Members Honorable Jack Louws, Whatcom County Executive FROM: J.E. Sam Ryan, Director _ Mark Personius, Assistant Directoror DATE: August 16, 2017 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. 138 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) Fi'E 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. 139 Supplemental Budget Request Status: Pending Planning & Development Services Building Services Supp7 m # 2338 Fund 1 Cost Center 830 Originator. J. E. Sam Ryan & Mark Pers Expenditure Type: Ongoing Year 1 2017 Add'I FTE I/ Add'I Space I Priority 1 Name of Request. PDS Permit Center Planning Technician X0 Department Head Signat a (Required on Hard Copy Submission) Date Costs: Object 6110 6210 6230 6245 6255 6259 6269 6510 Request Total Worker's Comp-Interfund Unemployment-Interfund Tools & Equip Amount Requested $130 $11 $1,500 $14,433 1 a. 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 M, K, Supplemental Budget Request Status: Pending Planning & Development Services Building Services Supp7 to # 2338 Fund 1 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 141 WHATCOM COUNTY Parks & Recreation 3373 Mount Baker Highway Bellingham, WA 98226-9097 TO: FROM: DATE: RE: Executive Louws Michael McFarlane, July 31 ", 2017 Director m Michael G. McFarlane, Director Christ Thomsen, Operations Manager j JACK LOUWS COUNTY EXECUTIVE 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. 142 Supplemental Budget Request Status: Pending Parks & Recreation tirappI/ tci # 2.5:.5 Fund 326 Cost Center 10000023 Originator. Darla Smith Expenditure Type: One -Time Year 1 2017 Add'1 FTE ❑ Add'1 Space [._] Priority 1 Name of Reqi X ---= De pa rtme n Senior Activity Center - Roof Replacement nature (Required on Hard Copy Submission) Costs: Object 7380 Request Total 1a. Description of request: Object Description Other Improvements Date Amount Requested $5,645 $5, 645 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 143 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-269 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy Rydel RR 8171W1 E 9112117 Introduction Division Head: Finance/ I 912612017 Council Dept. Head: r Jon Hutchings �tj / �� Prosecutor: Daniel Gibson dig 08110117 WHATCOM �d � t N FY Purchasing/Budget: Brad Bennet bb 8110117 COUNCIL 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. 9/12/2017: Introduced 6-0, Weimer 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. 144 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings DIRECTOR 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 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 Bridge 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. 145 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: 9/12/2017 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 , 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 Date Signed: ( ) Denied 146 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 _ IIJ15 7/15 12/15 11 /16 __6J17 Month Year Month Year Month Year Month Year Month Year � J �E h f r✓ � Flt ig(p.r)`i '. �, `' � 2� 1� .� �: .. r� y�) '� s�si y dy a ft� Fa, .z�,,,z:;.=?��r ,�i 7`v�� z J�., r�✓� c�j: �sr� r r''?+�,s=."v�_'-.c, 5+�� .fi �- ,�,.sz r. l�^�� ?,.;�y r •''l, a� .'s-" � f'��. ;.,� { s/' G''�* � �c'� y '�. ,�fi,` �n +" yc :: Total 100 % Complete Overall Project Fundine 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. 147 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-270 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: Randy Rydel RR 8171# 13 lA— 9112117 Introduction Division I -lead: I,( Cr ( \ /J j I , C. \VJ l 912612017 Finance/ Council Dept. Head: Jon Hutchings Ir IT 1"7 1 Prosecutor: 44 Dan Gibson d1g 08110117 WrU COUNTY Purchasing/Budget: Brad Bennet bb 8110117 COUNCIL Executive: Jack Louws 1 9) 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.• 9/12/2017: Introduced 6-0, Weimer 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. Im WHATCOM COUNTY (;-6 00PUBLIC WORKS DEPARTMENTy�Jon Hutchings... DIRECTOR �gSHt NG�O'� 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 Vk#L 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 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. 149 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: 9/12/2o17 ORDINANCE NO. 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 APP OVED AS TO FORM: 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 150 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 __6J10 6/12 _6J14 11 /15 11 /16 Month Year Month Year Month Year Month Year Month Year n r x 'zi25. f� ,s, c< c � - y ;� � ,.�'sr ciY �+� �i�4 � � �.. � � � r� � ✓3skt�.s.9 jE L5'c r rl � � nr �� %6 � `�-',. &ys c Y: n' r; �'r �,�` 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 % 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. 151 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-271 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy Rydel RR 81711'f Pe— R (� 'j``"' E CC�� V � �--' 9112117 Introduction Division Head: 912612017 Finance/ Council Dept. Head: �t Jon Hutchings�l 7 C 017 Prosecutor: Dan Gibson dlg 08110117 W HAT OCOUNTY Purchasing/Budget: bb 8110117 Brad Bennet ACOUNCIL Executive: Jack Louws TITLE OF DO T.• 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.• 9/12/2017: Intrduced 6-0. Weimer 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.us1counciL 152 WHATCOM COUNTY �GON� CO PUBLIC WORKS DEPARTMENT °tip Jon Hutchings DIRECTOR 9`SHING�G 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 i DATE: August 10, 2017 Administration Civic Center 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6217 www.whatcomcounty.us JHutch ings@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. 153 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: 9/12/2017 ORDINANCE NO. 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: &" J. j 4 '. - 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 154 PROJECT BUDGET NAME: Birch Bay Lynden/Portal Way Signalization CRP 901011 PBB 341100 Reporting Quarter/Year: 2017 Q2 DEPARTMENT: Public Works Project Description 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 --li11 4/12 8/13 _4J16 _ 4J17 Month Year Month Year Month Year Month Year Month Year � i� en ,. S7"`v"a N {yuj a srr' Ss q2 �4- ��".. " .✓5^ ! iY �xs - r` "` x'¢`'1�I'�,..�a'�iJx y'?.',.� bZ��,. >. . 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 %Balance Remaining 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. 155 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-272 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: Randy Rydei RR 817 W( I R.- [15 z 9112117 Introduction Division Head: 1 WHATCOM COUNTY COUNCIL 912612017 Finance/ Council Dept. Head: Jon Hutchings .4 fj/1� (J Prosecutor: Dan Gibson N 08110117 Purchasing/Budget: bb 08110117 Brad Bennet Executive. - Jack Louws /V, �1 5 TITLE OF D U NT. Ordinance Ordering the closure of the Dakota Creek Bridge No. 500 Fund 350 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. 9/12/2017: Introduced 6-0, Weimer 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. 156 WHATCOM COUNTY tGom co PUBLIC WORKS DEPARTMENT P o Jon Hutchings DIRECTOR HI NGto2 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 i 4C 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 JHutch 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. 157 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: 9/12/2o17 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 Counci APPROVED AS TO FORM: 0'2'.W X. 44gn:� 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 158 PROJECT BUDGET NAME: Portal Way/Dakota Creek R Bridge No. 500 Seismic Retrofit CRP 910001 F Reporting Quarter/Year: 2017 Q2 DEPARTMENT: Public Works 5H 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 1/14 10/14 __1 J15 11 /15 �17 Month Year Month Year Month Year Month Year Month Year ., � ..^�.m ..�.1, ''�'�� " ua;. �`?�,$2.ef,`�"',f�'�ac. �?kr�:� s:' .!)S%MS�.i,yt':.,,��,c�"�'�Fs..�c.^_:^�s �ti. "��x� ... ,.t�.+. ��e..'� z✓'tiz.'g-'c� ...��`� `.�a'�b�'%;�-�£�. ,��e'" �"�`sf2. c*3k��.� 0�;�.„�� ,/�'�u��v�` r- �,•.��s__-`��"-�:''f r'n\..ui F,Y.�..a ,�� f.�J, ; � _��"s`-�`,.. ., ��Yy � a' , :a��-�`�� ,,,o;�,y��`•,n: f�c ''"F �.., �.;-�',.�sZ'S,yq^?.cw ,:'r,��'v'�Y>Z�'l"��.�ffi.; �.,nr.; l�,'„'Y''.s�..�,'"�r"'��`�, ?�r,�i7�c� � �s' �`��Y��.�`.'�"r ,:a��s�`?,��:s?'?�:``��;,....a ✓'�z,r. 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 /o 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. 159 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-273 CLEARANCES Initial Date Date Received in Council Office A enda Date Assi ned to: Originator: Randy Rydel RR 8/7/1d'83 (W (� I�-� ) r (� `—� �1 V D 9112117 Introduction Division Head: SEP 0 51 912612017 Finance/ Council Dept. Head: ' Jon Hutchings l i 7 WHATCOM COUNTY Prosecutor: Daniel Gibson d1g*4 08/10/17 COUNCIL Purchasing/Budget: bb 8110117 Brad Bennet Executive: Jack Louws TITLE OF DOCUMENT.- Ordinance Ordering the closure of the Hannegan Road/Nooksack 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.• 9/12/2017: Introduced 6-0, Weimer Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. M( WHATCOM COUNTY KcoM co PUBLIC WORKS DEPARTMENT ti Jon Hutchings DIRECTOR S9SN�w�'�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 DATE: August 24, 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 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. 161 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: 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 Barry Buchanan, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws County Executive ( ) Approved Date Signed: Page 1 ( ) Denied 162 PROJECT BUDGET NAME: Hannegan Road/Nooksack River Bridge No. 252 Scour Mitigation CRP 911 Reporting Quarter/Year: 2017 Q3 DEPARTMENT: Public Works Protect 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 ___lj14 7/14 3/15 9/15 6/17 Month Year Month Year Month Year Month Year Month Year �le�nang 8c Scope < i�esi�n � ��sris�t�`ycti#sr�; t ryins�� ; } } y \ l l 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. 163 2017-282 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Finance/Board Originator: JNT August 23, 2017 rr lc � Vcz September 26, 2017 of Supervisors Division Head: SEP 19 2017 p i2 l7 De t. Head:- WHATCom COUNTY (0UNCI Prosecutor: dl 08123117 bb 8/23/17 Purchasing/Budget: v� Executive: TITLE OF DOCtMP T• Washington State Depa ent of Ecology agreement to sponsor a Washington Conservation Corps crew for 2017-2018 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 agreement between Washington Department of Ecology and Whatcom County Flood Control Zone District provides a 6- person crew to perform habitat restoration and water quality work for Public Works. Whatcom County Parks and Recreation and the Nooksack Salmon Enhancement Association (NSEA) are co-sponsors under separate agreements and NSEA will house the crew and provide office and equipment space at their facility. 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 WE WHATCOM COUNTY CoM co Jon Hutchings Public Works Dept. �P< °tip Director Natural Resource Division -^ 322 N. Commercial St., Suite 110 RECEIVED Bellingham, WA 98225 z 0 ESN 1 N G� SEP 15 Z017 MEMORANDUM JACK LOUWS COUNTY EXECUTIVE TO: The Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Directol / _ FROM: Gary Stoyka, Natural Resource Manager John N. Thompson, Senior Salmon Recovery Planner RE: 2017-2018 Washington Conservation Corps Crew Agreement DATE: September 11, 2017 Enclosed are two (2) originals of a 2017-2018 Washington Conservation Corp Crew Agreement between the Washington Department of Ecology and Whatcom County Flood Control Zone District for your review and signature. ■ Background and Purpose Public Works proposes to host a 6-member Washington Conservation Corps Crew for the 2017- 2018 term. The crew will assist Public Works with salmon habitat, stormwater, and water quality projects and monitoring and will be available for emergency response. As in years past, the crew is shared with the Nooksack Salmon Enhancement Association under a separate agreement with Ecology. A new aspect this term is that the crew will also be shared with Whatcom County Parks and Recreation where they will assist with Lake Whatcom Park trail development under a separate agreement. ■ Funding Amount and Source This agreement is for $76,000 and is included in the 2017 Public Works — Natural Resources budget and the proposed 2018 Public Works -Natural Resources budget. Parks will provide $60,000 under a separate agreement with Ecology. Nooksack Salmon Enhancement Association also has a separate $30,000 agreement with Ecology and will provide office and equipment space at their facility. Combined sponsor cost is $166,000 with Ecology providing the balance of the $221,334 total crew cost. ■ Differences from Previous Contract This is a new agreement. Please contact Gary at extension 6218, if you have any questions or concerns regarding the terms of this agreement, Encl. 165 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 6 1 -10 C? 00,7 Originating Department: Public Works Division/Program: (i.e. Dept. Division and Program) Natural Resources Contract or Grant Administrator: John N. Thompson, Sr. Planner Contractor's / Agency Name: Washington Department Of Ecology 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: 169119 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 $ 76,000 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, professional services, or $ other capital costs approved by council in a capital budget appropriation ordinance. Total Amended Amount: $ 3. Bid or award is for supplies or equipment included approved in the budget. 4. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: This agreement between Washington Department of Ecology and Whatcom County Flood Control Zone District provides a 6-person crew to perform restoration and water quality work for Public Works. Whatcom County Parks and Recreation Department and Nooksack Salmon Enhancement Association are co-sponsors under separate agreements. NSEA will provide office and equipment space at their facility. Term of Contract: October 2, 2017 Expiration Date: September 9, 2018 Contract Routing: . 1. Prepared by: John N. Thompson t)ate: August 23, LU F/ 2. Attorney signoff. Daniel L. Gibson Date: 08123117 3. AS Finance reviewed: bbennett Date: 8/22/17 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 ff,0110*1� DEPARTMENT OF ECOLOGY State of Washington AGREEMENT NO. WCC-1719 AGREEMENT BETWEEN The State of Washington, Department of ECOLOGY AND Whatcom County Flood Control Zone District THIS AGREEMENT is made and entered into by and between the Department of Ecology, hereinafter referred to as "ECOLOGY", and Whatcom County Flood Control Zone District hereinafter referred to as the "SPONSOR." IT IS THE PURPOSE OF THIS AGREEMENT to provide Washington Conservation Corps (WCC) members to complete environmental or disaster services projects, pursuant to Chapter 43.220 of the Revised Code of Washington. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Both parties agree to do all things necessary for or incidental to the performance of the work set forth in Appendix "A" attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on 10/2/2017 and be completed on 9/9/2018 , unless terminated sooner as provided herein. The WCC Crew and/or WCC Individual Placement corpsmember specified in this agreement will be available to SPONSOR on the dates set forth on the calendar in Appendix "B" attached hereto and incorporated herein. COMPENSATION The parties have determined that the cost of accomplishing the work herein will not exceed $76,000 Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. Compensation for service(s) shall be based on the following established rates: Provided by ECOLOGY Reimbursed to ECOLOGY by SPONSOR Shared WCC crew with NSEA and Whatcom County Parks and Recreation Department $76,000 Total SPONSOR COST $76,000 Above cost Not to be Exceeded The costs reimbursed to ECOLOGY by SPONSOR are a cost -share rate. Estimated value of a WCC crew is $5,334 weekly per WCC Crew consisting of five WCC/AmeriCorps Members and one Supervisor (excludes food and lodging). Indirect costs are included in SPONSOR share at a standard rate of 5% of direct costs. BILLING PROCEDURE ECOLOGY shall submit invoices monthly to the SPONSOR's designated contact person listed under "Agreement Management" section. Payment to ECOLOGY for approved and completed work will be made by warrant or account transfer by SPONSOR within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. 167 AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. ASSURANCES Parties to this Agreement agree that all activity pursuant to this contract will be in accordance with all the applicable current federal, state and local laws, rules, and regulations. CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. FUNDING AVAILABILITY The obligation of the SPONSOR to provide reimbursements is contingent upon appropriation of funds by the SPONSOR's governing body for the specific purpose of funding the project, which is the subject of this Agreement. Upon the failure of such appropriation, the SPONSOR may terminate this Agreement. ECOLOGY's ability to provide cost -share is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the agreement, in whole or part, for convenience or to renegotiate the agreement subject to new funding limitations and conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification restrictions. GOVERNING LAW AND VENUE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state of Washington statutes, regulations, and rules. 2. Mutually agreed written amendments to this Agreement 3. This Agreement 4. Statement of Work and Budget. 5. Any other provisions of this Agreement, including materials incorporated by reference. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration of this Agreement and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties subject to state public disclosure laws. RESPONSIBILITIES OF THE PARTIES Each party of this Agreement hereby assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omissions on the part of itself, its employees, its officers, and its agents. Neither party will be considered the agent of the other party to this Agreement. RIGHTS IN DATA Unless otherwise provided, data, which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be jointly owned by ECOLOGY and SPONSOR. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 169 AGREEMENT MANAGEMENT The program manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Contract/Program Manager for ECOLOGY is Peter Nevin PO Box 47600 Olympia, WA 98504 (206)940-3615 peter. nevin@ecy.wa.gov The Contract/Program Manager for SPONSOR is: John N. Thompson 322 N. Commercial Street Suite 110 Bellingham WA 98225 (360) 778-6230 jnthomps@co.whatcom.wa.us IN WITNESS WHEREOF, the parties have executed this Agreement. State of Washington SPONSOR Department of ECOLOGY Whatcom County Flood Control Zone District Signature (See Attached FCZD Signature Page) Date Signature Gordon White, SEA Program Manager Printed Name, Title Printed Name, Title Date 170 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT: Recommended for Approval: #- 'E�/ caz' ) -�5� //z- i Jon Hutchings, Vic Works Director Date Approved as to form only: Daniel Gibson, Chief Civil Deputy Prosecutor balte Approved: Accepted for Whatcom County Flood Control Zone District By: Jack Louws, Whatcom County Executive, Date acting for the Whatcom County Flood Control Zone District Board of Supervisors STATE OF WASHINGTON ) )SS COUNTY OF WHATCOM ) On this day of , 2017, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 171 STATEMENT OF WORK Appendix A Work summary: Under direction of SPONSOR, crew(s) will perform restoration activities. Specific tasks could include invasive control, native species installation, plant nursery care, scientific monitoring, and fence installation or repair. Special terms and conditions: 1. WCC members and staff will not be utilized to clear and/or clean up hazardous materials including hypodermic needles. If a significant amount of hazardous or unidentifiable material is discovered on a project site, activity will cease until SPONSOR either mitigates potential hazards or finds an alternate project site. WCC resources (includes members, supervisors, tools and trucks) will not be utilized for clearing active or abandoned homeless encampments. 2. Vehicle is not to be used for heavy hauling. The primary use of the crew vehicle is for transportation of crew, tools, and safety equipment. In the event that WCC vehicles are requested to tow SPONSOR equipment, SPONSOR is solely responsible for accidental damages, unless damages are caused by WCC negligence. 3. WCC is not responsible for normal wear and tear when project requires the use of SPONSOR -provided tools, equipment or safety gear. 4. The assignment of corpsmembers shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits. Agencies that participate in the program may not terminate, lay-off, or reduce the working hours of any employee for the purpose of using a corpsmember with available funds. In circumstances where substantial efficiencies or a public purpose may result, participating agencies may use corpsmembers to carry out essential agency work or contractual functions without displacing current employees. 5. All state holidays and shutdown weeks are non -working days for members. Shutdown weeks are to be used by WCC staff/supervisors for planning purposes. 6. The WCC standard 40-hour schedule is Monday through Thursday from 7:OOam to 5:30pm. An alternate schedule may be arranged with prior approval from the WCC. 7. Indirect costs are included in SPONSOR share at a standard rate of 5% of direct costs. ECOLOGY shall: 1. Provide WCC members for the number of weeks specified in this agreement. Full-time crews and Individual Placements are available to SPONSOR for a maximum of 41.5 weeks during the Federal AmeriCorps program service year (October -September). 2. In the event of a disaster response deployment, the WCC Program will make every effort to fulfill sponsor program needs, including sending additional members, whenever possible. Invoices will include all activities during the program year including training, community service events, and other activities required by WCC, excluding Emergency Response, if needed. 3. Provide training and development specified in Appendix "B": eight (8) days of formal WCC member training, a three (3) day Orientation Training, one (1) day dedicated to MLK Community Service, and a debrief meeting near the conclusion of the term. WCC members and supervisors are logging hours on these dates, but are unavailable to sponsor to perform project work. 4. Provide a 4-day Assistant Supervisor training to the designated Assistant Supervisor. 5. For crew (s), ECOLOGY agrees to provide a crew of 5 members, a crew supervisor, vehicle, and basic hand tools. 6. Cost -share rates are not based on actual attendance, however, invoices will be reduced for member or supervisor vacancies lasting 20 days or more. 172 SPONSOR shall: 1. Guide completion of appropriate projects for the number of weeks specified in this agreement by providing the logistical, technical and safety -related support necessary for project completion. Provide site orientation for WCC members, specific on -the job task training, and any materials beyond basic hand tools to complete tasks assigned under this Agreement. Obtain and ensure adherence to applicable permits as set by local, state, tribal or federal laws and regulations. 2. Help to promote the AmeriCorps and WCC brands, logo, slogans and phrases. The WCC will provide camera- ready logo. AmeriCorps is a registered service mark of the Corporation for National and Community Service. AmeriCorps Prohibited Activities: While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or CNCS, staff and members may not engage in the following activities (see 45 CFR § 2520.65): A. Attempting to influence legislation; B. Organizing or engaging in protests, petitions, boycotts, or strikes; C. Assisting, promoting, or deterring union organizing; D. Impairing existing contracts for services or collective bargaining agreements; E. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; F. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; G. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; H. Providing a direct benefit to — I. A business organized for profit; II. A labor union; III. A partisan political organization; IV. A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 related to engaging in political activities or substantial amount of lobbying except that nothing in these provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and V. An organization engaged in the religious activities described in paragraph 3.g. above, unless CNCS assistance is not used to support those religious activities; I. Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive; J. Providing abortion services or referrals for receipt of such services; and K. Such other activities as CNCS may prohibit. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above. Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non-CNCS funds. Individuals should not wear the AmeriCorps logo while doing so. 173 174 Appendix C Whatcom County Flood Control Zone District PROPOSED PROJECT TYPES AND GEOGRAPHIC FOCUS Water Quality & Habitat Monitoring and Improvement Projects • Birch Bay Watershed • Drayton Harbor Watershed • Portage Bay Shellfish District • Lake Whatcom • South Fork Nooksack River • Canyon Creek, North Fork Nooksack River New Restoration Projects • Birch Bay • Drayton Harbor • Mainstem tributaries • South Fork and tributaries • Middle Fork • North Fork and tributaries Maintain Existing Projects • Birch Bay • Canyon Creek, North Fork • Drayton Harbor • Friday Creek • Lake Whatcom • Mainstem tributaries • North Fork tributaries (e.g. High Creek) • South Fork & tributaries 175 WN A TCO IVI CO LINTY CO UNCIL A GENDA BILL NO. 2017-283 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: yy If 't::. \�% �C_ I°/ lr i�✓ 912612017 FinancetWCFCZDBS Division Head: �� q 2 , t 7 Dept. Head: t p: 1 Prosecutor: d6g 09107117 N ek. �4�� Purchasing/Budget: bb 9107117 w a B ,C a s£ Executive: TITLE OF DO NT.• Joint Funding Agreement with United States Geological Survey ATTACHMENTS: 1. Cover Memo 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.) The annual Joint Funding Agreement with the USGS funds the ongoing operation and maintenance of the County's six stream gages within the Nooksack River early flood warning system, plus stream gages at the Nooksack River Everson Overflow and Jones Creek in Acme, WA, for early flood warning and flood response. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 176 WHATCOM COUNTY �aaM ca RIVER AND FLOOD PUBLIC WORKS DEPARTMENT 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 Jon Hutchings Phone: (360) 778-6230 DIRECTOR �qs �0 www.whatcomcounty.us kt NG M E M 0 R A N D U M RECEIVEDSEP 15 2017 TO: The Honorable Jack Louws, Whatcom County Executive for the JACK LOUVVS Whatcom County Flood Control Zone District Board of Superviso@OUNTY EXECUTIVE THROUGH: Jon Hutchings, Public Works Director FROM: Paula J. Harris, P.E., River and Flood Manage` . Gary Stoyka, Natural Resources Program Manage DATE: September 6, 2016 RE: Joint Funding Agreement with United States Geological Survey Enclosed are two (2) originals of a Joint Funding Agreement between the Whatcom County Flood Control Zone District (FCZD) and the United States Geological Survey (USGS) for your review and signature. ■ Background and Purpose The FCZD has worked cooperatively with the USGS for a number of years to collect stream -gaging data on a real-time basis for early flood warning and flood response. Financing of this program is provided on a cost -share basis through the USGS Cooperative Program. This Joint Funding Agreement covers the six early warning gages on the Nooksack River and its upper forks, plus the Jones Creek gage and the Everson overflow gage at Main Street. The Jones Creek gaging station was installed in 2009 to provide advance warning for the Acme Fire District (AFD) in responding to a debris flow event on Jones Creek. The Everson Overflow gaging station was installed in 2012 in cooperation with the City of Abbotsford to help monitor and plan flood response for overflows at Everson during large flood events. ■ Funding Amount and Source The proposed Joint Funding Agreement is for a total amount of $113,720, of which $7285 will be funded by the USGS through Cooperative Matching Funds. The FCZD fund will provide $86,740, the AcmeNanZandt Subzone will provide $6135, the City of Abbotsford will reimburse $4100 in accordance with the existing Interlocal Agreement for the Everson Overflow gaging station. Similar to last year, another portion ($9460) of the total USGS contribution of $16,345 is through its Federal Priority Streamgage Program, which is not reflected in the Joint Funding Agreement (other than in Attachment A) as the agreement is only for Cooperative Water Program funding. Differences from Previous Contract This year's costs are approximately 3.5% higher than the cost of similar services provided last year. Please contact Paula Harris at extension 6285 if you have any questions or concerns regarding the terms of this agreement. Encl. lAFL00D\110 - Early Flood Warning Program\USGS\2018 0&M JFA\2018-USGS-ContractMemo.doCX Page 1 of 1 177 WHATCOli'I COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET ,5 1,7 0 0 0 Originating Department: Public Works Public Works River & Flood — Joint Agreement Division/Program: (i.e. Dept. Division and Program) With United States Geological Survey (USGS) Contract or Grant Administrator: Paula J. Harris Contractor's / Agency Name: United States Geological Survey Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® 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: 169100 & 169230 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 $ 113,720 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: $ 113,720 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 annual Joint Funding Agreement with the USGS funds the ongoing operation and maintenance of the County's six stream gages within the Nooksack River early flood warning system; a stream gage at the Nooksack River Everson Overflow; and a stream gage on Jones Creek in Acme, WA for early flood warning and flood response. Term of Contract: Fixed Amount Expiration Date: September 30, 2018 Contract Routing: 1. Prepared by: Denise Doezema _ 2. Attorney signof£ Daniel L. Gibson 01 T1511 7 3. AS Finance reviewed: bbennett 4. IT reviewed (if IT related): 5. Contractor signed: o 6. Submitted to Exec.: 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: Last edited 10/31/16 Date: 9/6/2017 Date: 09107117 Date: 9/7/2017 Date: Date: 5 Date: Date: Date: Date: 178 3 Form 9-1366 U.S. Department of the Interior Customer #: 6000000721 FYI (April 2015) U.S. Geological Survey Agreement #: 18"WA04200 Joint Funding Agreement Project #: 97229EU TIN #: 91-6001383 Fixed Cost !;�; 3— Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 1st day of OCTOBER 2017, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the Whatcom County Flood Control Zone District, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed -price agreement for the continued operation and maintenance of the Whatcom County-USGS Early Flood Warning stream gaging network, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In -Kind Services in the amount of $N/A. by the party of the first part during the period (a) $7,285 OCTOBER 1, 2017 to SEPTEMBER 30, 2018 by the party of the second part during the period (b) $96,975 OCTOBER 1, 2017 to SEPTEMBER 30, 2018 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of $9,460 Description of the USGS regional/nations program: Federal Priority Streamgage Program (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties.. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon 179 request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B- 212222, August 23, 1983). U.S. Geological Survey United States Department of the Interior USGS Point of Contact Name: Mark Mastin Address: 934 Broadway St, STE 300 Tacoma, WA 98402 Telephone: (253) 552-1609 Email: mcmastin@usgs.gov Signatures By� y� Date 25--d T Name: Cynthia Barton, Ph.D., L.G., L.H.G. Title: Center Director, USGS WashingtonWater Science Center M Name Title: 0 Date Date Name of Customer Whatcom County Flood Control Zone District Customer Point of Contact Name: ?Q,(, Jo_ J . +&(ri S Address: W KAt('OM No n'% Pu'W e'c (, orrss 32Z tS,- I t(%n'ykc+,— VA Telephone: (3 (o0) -77$- (oz- 85 Email: ?k�,f'r� s G Co . W h.utCoW) Signatures By Se,c ;WAC - .- Date Name: Title: By_ Date Name: Title: By Date Name: Name: Title: Title: WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT: Recom ended f Approval: Jon Hutchings, Pub K Wor s Director Date Approved as to form: i�'Iam , 0/15 17 Daniel L. Gibson, Prosecuting Attorney Date Approved: Accepted for Whatcom County Flood Control Zone District: By: Jack Louws, Whatcom County Executive for the Whatcom County Flood Control Zone District Board of Supervisors STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2013, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires 181 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-262A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy Rydel RR 9118117 u 7 E I J 9126117 PW/Council Division Head: l SEP19 2017 WH AT C COUNTY COUNCIL Dept. Head: Jon Hutchings q lltylll Prosecutor: Dan Gibson 66 ds / � /J ds /� ! Purchasing/Budget: Brad Bennet �' Executive: Jack Lows 0 TITLE OF DO CU NT: Resolution accepting RID #7, Emerald Lake Lighting District, re -assessment roll. ATTACHMENTS. Resolution and 2018 assessed roll. 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.) Acceptance of Emerald Lake Lighting District re -assessment roll. 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 182 PROPOSED BY: Public Works INTRODUCTION DATE: 9/26/2017 RESOLUTION NO. ACCEPTING THE ASSESSMENT ROLL OF PROPERTY WITHIN THE BOUNDARIES OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 7 (EMERALD LAKE LIGHTING DISTRICT) AND SETTING THE DATE FOR PUBLIC HEARING WHEREAS, on September 12, 2017, the Whatcom County Council approved Resolution #2017-038, authorizing the preparation of a reassessment roll for property within the boundaries of Whatcom County Road Improvement District No. 7 (Emerald Lake Lighting District); and WHEREAS, RCW 36.88.090 provides for a public hearing to be held; NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council accepts said assessment roll, as outlined in Exhibit A to this resolution, as follows: The first annual maintenance assessment shall be based upon a Whatcom County Department of Public Works fee of $2.00 per account per year and the rate of $8.50 per parcel. The second and each 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. Prior to the second and each succeeding annual maintenance assessment, a budget for Whatcom County Road Improvement District No. 7 shall be submitted to the Whatcom County Executive for approval. BE IT FURTHER RESOLVED that October 24, 2017, in the Whatcom County Council Chambers in the Courthouse, Bellingham, Washington, is hereby fixed as the time and place for hearing upon the schedule of reassessment, and BE IT FURTHER RESOLVED that notice of such hearing s4aall be published two times in the newspaper of general circulation in the County, according to RCE 36.88.090, and by Page 2 183 mailing a notice at least fifteen days before the date fixed for said hearing to each property owner whose name appears on said assessment roll. APPROVED 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, Chief Civil Deputy Prosecutor Page 3 Barry Buchanan, Council Chair Im EXHIBIT A Road Improvement District No. 7 (Emerald Lake Lighting) 2017 Assessment Roll As of September 18, 2017 (Basis= per lot) prop_id geo_id NAME Dist -Class Dist_Seq Basis 1 56744 3803103691010000 EmeraldLake_Lighting 84 210 1.00 2 56746 3803103720680000 EmeraldLake_Lighting 84 210 1.00 3 56747 3803103730320000 EmeraldLake_Lighting 84 210 1.00 4 56750 3803103731220000 EmeraldLake_Lighting 84 210 1.00 5 567513803103740230000 EmeraldLake_Lighting 84 210 1.00 6 56752 3803103741080000 EmeraldLake_Lighting 84 210 1.00 7 56754 3803103750400000 EmeraldLake_Lighting 84 210 1.00 8 56755 3803103750860000 EmeraldLake_Lighting 84 210 1.00 9 56756 3803103760490000 EmeraldLake_Lighting 84 210 1.00 10 56757 3803103760570000 EmeraldLake_Lighting 84 210 1.00 11 567613803103800720000 EmeraldLake_Lighting 84 210 1.00 12 56763 3803103840280000 Emerald Lake_Lighting 84 210 1.00 13 56765 3803103851250000 EmeraldLake_Lighting 84 210 1.00 14 56768 3803103900160000 EmeraldLake_Lighting 84 210 1.00 15 56770 3803103900980000 Emerald Lake_Lighting 84 210 1.00 16 56773 3803103920370000 Emerald Lake_Lighting 84 210 1.00 17 174715 3803103920490000 EmeraldLake_Lighting 84 210 1.00 18 56774 3803103921250000 EmeraldLake_Lighting 84 210 1.00 19 56776 3803103940040000 EmeraldLake_Lighting 84 210 1.00 20 56778 3803103950880000 EmeraldLake_Lighting 84 210 1.00 21 56779 3803103980970000 EmeraldLake_Lighting 84 210 1.00 22 567813803103990440000 EmeraldLake_Lighting 84 210 1.00 23 56782 3803103990580000 EmeraldLake_Lighting 84 210 1.00 24 56783 3803103991250000 EmeraldLake_Lighting 84 210 1.00 25 56787 3803104010900000 EmeraldLake_Lighting 84 210 1.00 26 56788 3803104020680000 EmeraldLake_Lighting 84 210 1.00 27 56789 3803104030750000 EmeraldLake_Lighting 84 210 1.00 28 56790 3803104040520000 EmeraldLake_Lighting 84 210 1.00 29 567913803104060220000 EmeraldLake_Lighting 84 210 1.00 30 56793 3803104060600000 EmeraldLake_Lighting 84 210 1.00 31 56795 3803104080790000 EmeraldLake_Lighting 84 210 1.00 32 56797 3803104110940000 EmeraldLake_Lighting 84 210 1.00 33 56798 3803104111100000 EmeraldLake_Lighting 84 210 1.00 34 56800 3803104120670000 Emerald Lake_Lighting 84 210 1.00 35 568013803104130120000 Emerald Lake_Lighting 84 210 1.00 36 56802 3803104140870000 Emerald Lake_Lighting 84 210 1.00 37 56803 3803104151010000 Emerald Lake_Lighting 84 210 1.00 38 56804 3803104160360000 Emerald Lake_Lighting 84 210 1.00 39 56805 3803104160720000 Emerald Lake_Lighting 84 210 1.00 Page 1 of 10 185 EXHIBIT A 40 56808 3803104171400000 EmeraldLake_Lighting 84 210 1.00 41 568113803104190040000 EmeraldLake_Lighting 84 210 1.00 42 56813 3803104220230000 EmeraldLake_Lighting 84 210 1.00 43 56814 3803104220830000 Emerald Lake_Lighting 84 210 1.00 44 568213803104260350000 Emerald Lake_Lighting 84 210 1.00 45 56822 3803104280530000 EmeraldLake_Lighting 84 210 1.00 46 56823 3803104280660000 EmeraldLake_Lighting 84 210 1.00 47 56827 3803104350520000 EmeraldLake_Lighting 84 210 1.00 48 56828 3803104350860000 EmeraldLake_Lighting 84 210 1.00 49 56838 3803104380030000 EmeraldLake_Lighting 84 210 1.00 50 56839 3803104380210000 EmeraldLake_Lighting 84 210 1.00 51 568413803104400690000 EmeraldLake_Lighting 84 210 1.00 52 56848 3803104430460000 Emerald Lake_Lighting 84 210 1.00 53 56849 3803104430870000 Emerald Lake_Lighting 84 210 1.00 54 568513803104440080000 Emerald Lake_Lighting 84 210 1.00 55 56859 3803104470560000 EmeraldLake_Lighting 84 210 1.00 56 56862 3803104480420000 EmeraldLake_Lighting 84 210 1.00 57 56873 3803104500210000 EmeraldLake_Lighting 84 210 1.00 58 56876 3803104521010000 EmeraldLake_Lighting 84 210 1.00 59 56878 3803104540360000 EmeraldLake_Lighting 84 210 1.00 60 56882 3803104550540000 EmeraldLake_Lighting 84 210 1.00 61 56883 3803104550800000 EmeraldLake_Lighting 84 210 1.00 62 56885 3803104570100000 EmeraldLake_Lighting 84 210 1.00 63 56892 3803104600730000 EmeraldLake_Lighting 84 210 1.00 64 174716 3803104620300000 Emerald Lake_Lighting 84 210 1.00 65 56898 3803104620490000 Emerald Lake_Lighting 84 210 1.00 66 56907 3803104660660000 Emerald Lake_Lighting 84 210 1.00 67 569113803104670860000 Emerald Lake_Lighting 84 210 1.00 68 56912 3803104680450000 EmeraldLake_Lighting 84 210 1.00 69 56913 3803104681040000 EmeraldLake_Lighting 84 210 1.00 70 56920 3803104721160000 EmeraldLake_Lighting 84 210 1.00 71 56922 3803104730230000 EmeraldLake_Lighting 84 210 1.00 72 56923 3803104730620000 EmeraldLake_Lighting 84 210 1.00 73 56924 3803104730780000 Emerald Lake_Lighting 84 210 1.00 74 56925 3803104750060000 Emerald Lake_Lighting 84 210 1.00 75 56926 3803104750400000 Emerald Lake_Lighting 84 210 1.00 76 56927 3803104751020000 Emerald Lake_Lighting 84 210 1.00 77 56932 3803104780590000 Emerald Lake_Lighting 84 210 1.00 78 56935 3803104790740000 EmeraldLake_Lighting 84 210 1.00 79 56937 3803104801220000 EmeraldLake_Lighting 84 210 1.00 80 569413803104830210000 EmeraldLake_Lighting 84 210 1.00 81 56942 3803104830980000 EmeraldLake_Lighting 84 210 1.00 82 56943 3803104831400000 EmeraldLake_Lighting 84 210 1.00 83 56944 3803104850700000 EmeraldLake_Lighting 84 210 1.00 Page 2 of 10 186 EXHIBIT A 84 56946 3803104860540000 Emerald Lake_Lighting 84 210 1.00 85 56950 3803104870060000 Emerald Lake_Lighting 84 210 1.00 86 56952 3803104890320000 EmeraldLake_Lighting 84 210 1.00 87 56956 3803104911270000 EmeraldLake_Lighting 84 210 1.00 88 56957 3803104920650000 Emerald Lake_Lighting 84 210 1.00 89 56958 3803104921440000 EmeraldLake_Lighting 84 210 1.00 90 56962 3803104930530000 EmeraldLake_Lighting 84 210 1.00 91 56964 3803104940870000 EmeraldLake_Lighting 84 210 1.00 92 56966 3803104951540000 EmeraldLake_Lighting 84 210 1.00 93 56970 3803104990960000 EmeraldLake_Lighting 84 210 1.00 94 56972 3803105000610000 EmeraldLake_Lighting 84 210 1.00 95 56980 3803105050460000 EmeraldLake_Lighting 84 210 1.00 96 569813803105060100000 EmeraldLake_Lighting 84 210 1.00 97 56982 3803105060820000 EmeraldLake_Lighting 84 210 1.00 98 56983 3803105061030000 EmeraldLake_Lighting 84 210 1.00 99 56987 3803105080560000 EmeraldLake_Lighting 84 210 1.00 100 56989 3803105100250000 Emerald Lake_Lighting 84 210 1.00 101 569913803105120760000 EmeraldLake_Lighting 84 210 1.00 102 56992 3803105140520000 EmeraldLake_Lighting 84 210 1.00 103 56993 3803105140960000 EmeraldLake_Lighting 84 210 1.00 104 56994 3803105141050000 EmeraldLake_Lighting 84 210 1.00 105 56996 3803105150400000 EmeraldLake_Lighting 84 210 1.00 106 56998 3803105160180000 EmeraldLake_Lighting 84 210 1.00 107 56999 3803105171610000 EmeraldLake_Lighting 84 210 1.00 108 57000 3803105180720000 EmeraldLake_Lighting 84 210 1.00 109 57003 3803105190910000 EmeraldLake_Lighting 84 210 1.00 110 57007 3803105200490000 EmeraldLake_Lighting 84 210 1.00 111 57009 3803105220680000 EmeraldLake_Lighting 84 210 1.00 112 57010 3803105230370000 EmeraldLake_Lighting 84 210 1.00 113 570113803105230860000 EmeraldLake_Lighting 84 210 1.00 114 57015 3803105250150000 EmeraldLake_Lighting 84 210 1.00 115 57016 3803105261160000 EmeraldLake_Lighting 84 210 1.00 116 57018 3803105270440000 EmeraldLake_Lighting 84 210 1.00 117 57019 3803105271590000 EmeraldLake_Lighting 84 210 1.00 118 570213803105280630000 EmeraldLake_Lighting 84 210 1.00 119 57022 3803105291340000 EmeraldLake_Lighting 84 210 1.00 120 57023 3803105300800000 Emerald Lake_Lighting 84 210 1.00 121 57025 3803105311230000 EmeraldLake_Lighting 84 210 1.00 122 57026 3803105320190000 EmeraldLake_Lighting 84 210 1.00 123 57027 3803105321300000 EmeraldLake_Lighting 84 210 1.00 124 57034 3803105340580000 EmeraldLake_Lighting 84 210 1.00 125 57037 3803105360760000 EmeraldLake_Lighting 84 210 1.00 126 57038 3803105361030000 EmeraldLake_Lighting 84 210 1.00 127 57039 3803105361090000 EmeraldLake_Lighting 84 210 1.00 Page 3 of 10 187 EXHIBIT A 128 57040 3803105371560000 EmeraldLake_Lighting 84 210 1.00 129 570413803105381470000 EmeraldLake_Lighting 84 210 1.00 130 57042 3803105390220000 EmeraldLake_Lighting 84 210 1.00 131 57043 3803105390540000 EmeraldLake_Lighting 84 210 1.00 132 57045 3803105420710000 EmeraldLake_Lighting 84 210 1.00 133 57046 3803105430250000 EmeraldLake_Lighting 84 210 1.00 134 57047 3803105440500000 EmeraldLake_Lighting 84 210 1.00 135 57048 3803105440970000 EmeraldLake_Lighting 84 210 1.00 136 57049 3803105451460000 EmeraldLake_Lighting 84 210 1.00 137 57050 3803105480280000 EmeraldLake_Lighting 84 210 1.00 138 570513803105481170000 EmeraldLake_Lighting 84 210 1.00 139 57052 3803105491330000 EmeraldLake_Lighting 84 210 1.00 140 57053 3803105500690000 EmeraldLake_Lighting 84 210 1.00 141 57054 3803105501260000 EmeraldLake_Lighting 84 210 1.00 142 57055 3803105501390000 EmeraldLake_Lighting 84 210 1.00 143 57057 3803105511540000 EmeraldLake_Lighting 84 210 1.00 144 57059 3803105520310000 EmeraldLake_Lighting 84 210 1.00 145 57060 3803105521060000 EmeraldLake_Lighting 84 210 1.00 146 570613803105530970000 EmeraldLake_Lighting 84 210 1.00 147 57062 3803105570340000 EmeraldLake_Lighting 84 210 1.00 148 57063 3803105590420000 EmeraldLake_Lighting 84 210 1.00 149 57064 3803105591570000 EmeraldLake_Lighting 84 210 1.00 150 57066 3803105610480000 EmeraidLake_Lighting 84 210 1.00 151 57068 3803105620720000 EmeraldLake_Lighting 84 210 1.00 152 57070 3803110021230000 EmeraldLake_Lighting 84 210 1.00 153 570713803110031000000 EmeraldLake_Lighting 84 210 1.00 154 57075 3803110051540000 EmeraldLake_Lighting 84 210 1.00 155 57078 3803110061360000 EmeraldLake_Lighting 84 210 1.00 156 57080 3803110080470000 EmeraldLake_Lighting 84 210 1.00 157 57093 3803110111630000 EmeraldLake_Lighting 84 210 1.00 158 57094 3803110120500000 EmeraldLake_Lighting 84 210 1.00 159 173693 3803110120800000 EmeraldLake_Lighting 84 210 1.00 160 57098 3803110170530000 EmeraldLake_Lighting 84 210 1.00 161 571013803110181290000 EmeraldLake_Lighting 84 210 1.00 162 57102 3803110181600000 EmeraldLake_Lighting 84 210 1.00 163 57109 3803110220570000 EmeraldLake_Lighting 84 210 1.00 164 57110 3803110241000000 EmeraldLake_Lighting 84 210 1.00 165 571113803110241650000 EmeraldLake_Lighting 84 210 1.00 166 57117 3803110270590000 EmeraldLake_Lighting 84 210 1.00 167 57118 3803110270900000 EmeraldLake_Lighting 84 210 1.00 168 57120 3803110291180000 EmeraldLake_Lighting 84 210 1.00 169 57122 3803110320630000 EmeraldLake_Lighting 84 210 1.00 170 57123 3803110321040000 EmeraldLake_Lighting 84 210 1.00 171 57124 3803110321650000 EmeraldLake_Lighting 84 210 1.00 Page 4 of 10 188 EXHIBIT A 172 57128 3803110370660000 EmeraldLake_Lighting 84 210 1.00 173 571313803110391690000 Emerald Lake_Lighting 84 210 1.00 174 57132 3803110420690000 Emerald Lake_Lighting 84 210 1.00 175 57135 3803110441170000 Emerald Lake_Lighting 84 210 1.00 176 57136 3803110461670000 Emerald Lake_Lighting 84 210 1.00 177 57137 3803110470710000 Emerald Lake_Lighting 84 210 1.00 178 57140 3803110520760000 Emerald Lake_Lighting 84 210 1.00 179 571413803110531720000 Emerald Lake_Lighting 84 210 1.00 180 57142 3803110551140000 Emerald Lake_Lighting 84 210 1.00 181 57143 3803110580780000 Emerald Lake_Lighting 84 210 1.00 182 57146 3803110601650000 Emerald Lake_Lighting 84 210 1.00 183 57147 3803110621160000 Emerald Lake_Lighting 84 210 1.00 184 57148 3803110630820000 Emerald Lake_Lighting 84 210 1.00 185 57152 3803110671210000 Emerald Lake_Lighting 84 210 1.00 186 57154 3803110680840000 EmeraldLake_Lighting 84 210 1.00 187 57156 3803110730880000 EmeraldLake_Lighting 84 210 1.00 188 57157 3803110731390000 EmeraldLake_Lighting 84 210 1.00 189 57158 3803110731770000 Emerald Lake_Lighting 84 210 1.00 190 571613803110760940000 Emerald Lake_Lighting 84 210 1.00 191 57165 3803110820950000 EmeraldLake_Lighting 84 210 1.00 192 57166 3803110831300000 EmeraldLake_Lighting 84 210 1.00 193 57168 3803110851660000 EmeraldLake_Lighting 84 210 1.00 194 57170 3803110871000000 EmeraldLake_Lighting 84 210 1.00 195 571713803110881470000 EmeraldLake_Lighting 84 210 1.00 196 57172 3803110921030000 EmeraldLake_Lighting 84 210 1.00 197 57173 3803110940050000 EmeraldLake_Lighting 84 210 1.00 198 57174 3803110961290000 EmeraldLake_Lighting 84 210 1.00 199 57175 3803110981060000 EmeraldLake_Lighting 84 210 1.00 200 57178 3803111010080000 EmeraldLake_Lighting 84 210 1.00 201 57179 3803111021080000 EmeraldLake_Lighting 84 210 1.00 202 57182 3803111071370000 EmeraldLake_Lighting 84 210 1.00 203 57183 3803111081120000 EmeraldLake_Lighting 84 210 1.00 204 179279 3803111091100000 EmeraldLake_Lighting 84 210 1.00 205 57184 3803111101580000 EmeraldLake_Lighting 84 210 1.00 206 57187 3803111110200000 EmeraldLake_Lighting 84 210 1.00 207 57188 3803111131140000 EmeraldLake_Lighting 84 210 1.00 208 57190 3803111170150000 EmeraldLake_Lighting 84 210 1.00 209 571913803111181170000 EmeraldLake_Lighting 84 210 1.00 210 57192 3803111210200000 EmeraldLake_Lighting 84 210 1.00 211 57193 3803111221550000 Emerald Lake_Lighting 84 210 1.00 212 57194 3803111241200000 Emerald Lake_Lighting 84 210 1.00 213 57195 3803111260090000 EmeraldLake_Lighting 84 210 1.00 214 57196 3803111270200000 Emerald Lake_Lighting 84 210 1.00 215 57198 3803111291230000 EmeraldLake_Lighting 84 210 1.00 Page 5 of 10 189 EXHIBIT A 216 57199 3803111291570000 EmeraldLake_Lighting 84 210 1.00 217 57200 3803111320100000 EmeraldLake_Lighting 84 210 1.00 218 572013803111340230000 EmeraldLake_Lighting 84 210 1.00 219 57202 3803111351250000 EmeraldLake_Lighting 84 210 1.00 220 57203 3803111361590000 EmeraldLake_Lighting 84 210 1.00 221 57204 3803111380110000 EmeraldLake_Lighting 84 210 1.00 222 57205 3803111390250000 EmeraldLake_Lighting 84 210 1.00 223 57206 3803111401260000 EmeraldLake_Lighting 84 210 1.00 224 57207 3803111421620000 EmeraldLake_Lighting 84 210 1.00 225 57208 3803111430120000 EmeraldLake_Lighting 84 210 1.00 226 57209 3803111430270000 EmeraldLake_Lighting 84 210 1.00 227 57210 3803111441280000 EmeraldLake_Lighting 84 210 1.00 228 57212 3803111490140000 EmeraldLake_Lighting 84 210 1.00 229 57213 3803111490310000 EmeraldLake_Lighting 84 210 1.00 230 57214 3803111491290000 Emerald Lake_Lighting 84 210 1.00 231 57215 3803111491630000 EmeraldLake_Lighting 84 210 1.00 232 57216 3803111520350000 EmeraldLake_Lighting 84 210 1.00 233 57218 3803111551660000 EmeraldLake_Lighting 84 210 1.00 234 57219 3803111560170000 EmeraldLake_Lighting 84 210 1.00 235 57220 3803111561320000 EmeraldLake_Lighting 84 210 1.00 236 572213803111570380000 EmeraldLake_Lighting 84 210 1.00 237 57223 3803111601330000 EmeraldLake_Lighting 84 210 1.00 238 57227 3803111610420000 EmeraldLake_Lighting 84 210 1.00 239 57228 3803111620220000 EmeraldLake_Lighting 84 210 1.00 240 57229 3803111621670000 EmeraldLake_Lighting 84 210 1.00 241 572313803111640470000 EmeraldLake_Lighting 84 210 1.00 242 57232 3803111661350000 EmeraldLake_Lighting 84 210 1.00 243 57233 3803111670030000 EmeraldLake_Lighting 84 210 1.00 244 57234 3803111670370000 EmeraldLake_Lighting 84 210 1.00 245 57235 3803111670520000 EmeraldLake_Lighting 84 210 1.00 246 57236 3803111681700000 EmeraldLake_Lighting 84 210 1.00 247 57237 3803111700410000 EmeraldLake_Lighting 84 210 1.00 248 57238 3803111700550000 EmeraldLake_Lighting 84 210 1.00 249 57239 3803111721370000 EmeraldLake_Lighting 84 210 1.00 250 572413803111740060000 EmeraldLake_Lighting 84 210 1.00 251 57242 3803111740450000 Emerald Lake_Lighting 84 210 1.00 252 57243 3803111740610000 Emerald Lake_Lighting 84 210 1.00 253 57244 3803111751710000 EmeraldLake_Lighting 84 210 1.00 254 57245 3803111771390000 EmeraldLake_Lighting 84 210 1.00 255 57246 3803111780490000 EmeraldLake_Lighting 84 210 1.00 256 57247 3803111780650000 EmeraldLake_Lighting 84 210 1.00 257 57248 3803111800540000 EmeraldLake_Lighting 84 210 1.00 258 57250 3803111812120000 EmeraldLake_Lighting 84 210 1.00 259 572513803111821400000 EmeraldLake_Lighting 84 210 1.00 Page 6 of 10 190 260 57252 3803111821740000 EmeraldLake_Lighting 84 210 1.00 261 57253 3803111850590000 EmeraldLake_Lighting 84 210 1.00 262 176716 3803111850680000 EmeraldLake_Lighting 84 210 1.00 263 57254 3803111860750000 EmeraldLake_Lighting 84 210 1.00 264 57255 3803111870060000 EmeraldLake_Lighting 84 210 1.00 265 57256 3803111881420000 EmeraldLake_Lighting 84 210 1.00 266 57257 3803111881750000 EmeraldLake_Lighting 84 210 1.00 267 57259 3803111900330000 EmeraldLake_Lighting 84 210 1.00 268 57260 3803111900790000 EmeraldLake_Lighting 84 210 1.00 269 572613803111930690000 EmeraldLake_Lighting 84 210 1.00 270 57262 3803111931440000 EmeraldLake_Lighting 84 210 1.00 271 57263 3803111940090000 EmeraldLake_Lighting 84 210 1.00 272 57264 3803111940840000 EmeraldLake_Lighting 84 210 1.00 273 57265 3803111950370000 EmeraldLake_Lighting 84 210 1.00 274 57266 3803111950910000 EmeraldLake_Lighting 84 210 1.00 275 57267 3803111951780000 EmeraldLake_Lighting 84 210 1.00 276 57269 3803111960730000 EmeraldLake_Lighting 84 210 1.00 277 57270 3803111990420000 EmeraldLake_Lighting 84 210 1.00 278 572713803111991460000 EmeraldLake_Lighting 84 210 1.00 279 57272 3803111991650000 EmeraldLake_Lighting 84 210 1.00 280 57277 3803112010140000 EmeraldLake_Lighting 84 210 1.00 281 57278 3803112010780000 EmeraldLake_Lighting 84 210 1.00 282 572813803112020980000 EmeraldLake_Lighting 84 210 1.00 283 57282 3803112040480000 EmeraldLake_Lighting 84 210 1.00 284 57283 3803112041470000 EmeraldLake_Lighting 84 210 1.00 285 57284 3803112041840000 EmeraldLake_Lighting 84 210 1.00 286 57286 3803112051660000 Emeraldlake_Lighting 84 210 1.00 287 1763213803112070830000 EmeraldLake_Lighting 84 210 1.00 288 57287 3803112081040000 EmeraldLake_Lighting 84 210 1.00 289 57288 3803112090520000 EmeraldLake_Lighting 84 210 1.00 290 57292 3803112121480000 EmeraldLake_Lighting 84 210 1.00 291 57293 3803112121660000 EmeraldLake_Lighting 84 210 1.00 292 57294 3803112130580000 EmeraldLake_Lighting 84 210 1.00 293 176320 3803112130910000 EmeraldLake_Lighting 84 210 1.00 294 57296 3803112140110000 EmeraldLake_Lighting 84 210 1.00 295 57297 3803112141860000 EmeraldLake_Lighting 84 210 1.00 296 57298 3803112151110000 EmeraldLake_Lighting 84 210 1.00 297 573013803112170940000 EmeraldLake_Lighting 84 210 1.00 298 57305 3803112191190000 EmeraldLake_Lighting 84 210 1.00 299 57306 3803112191680000 EmeraldLake_Lighting 84 210 1.00 300 57307 3803112211000000 EmeraldLake_Lighting 84 210 1.00 301 57308 3803112211870000 EmeraldLake_Lighting 84 210 1.00 302 57309 3803112221470000 EmeraldLake_Lighting 84 210 1.00 303 57310 3803112230650000 EmeraldLake_Lighting 84 210 1.00 Page 7 of 10 191 EXHIBIT A 304 573113803112240110000 EmeraldLake_Lighting 84 210 1.00 305 57313 3803112241050000 EmeraldLake_Lighting 84 210 1.00 306 57314 3803112260740000 EmeraldLake_Lighting 84 210 1.00 307 57315 3803112261680000 EmeraldLake_Lighting 84 210 1.00 308 57316 3803112281240000 EmeraldLake_Lighting 84 210 1.00 309 57317 3803112291110000 Emerald Lake_Lighting 84 210 1.00 310 57319 3803112300160000 Emerald Lake_Lighting 84 210 1.00 311 57320 3803112300800000 Emerald Lake_Lighting 84 210 1.00 312 573213803112321430000 EmeraldLake_Lighting 84 210 1.00 313 57322 3803112330220000 Emerald Lake_Lighting 84 210 1.00 314 57323 3803112331680000 Emerald Lake_Lighting 84 210 1.00 315 57325 3803112341900000 EmeraldLake_Lighting 84 210 1.00 316 57326 3803112361210000 EmeraldLake_Lighting 84 210 1.00 317 57329 3803112370320000 Emerald Lake_Lighting 84 210 1.00 318 573313803112381340000 EmeraldLake_Lighting 84 210 1.00 319 57332 3803112400870000 EmeraldLake_Lighting 84 210 1.00 320 57333 3803112410980000 Emerald Lake_Lighting 84 210 1.00 321 57334 3803112421870000 EmeraldLake_Lighting 84 210 1.00 322 57338 3803112450490000 Emerald Lake_Lighting 84 210 1.00 323 57339 3803112451030000 Emerald Lake_Lighting 84 210 1.00 324 57340 3803112451670000 EmeraldLake_Lighting 84 210 1.00 325 573413803112460390000 EmeraldLake_Lighting 84 210 1.00 326 57342 3803112460570000 EmeraldLake_Lighting 84 210 1.00 327 57343 3803112470650000 Emerald Lake_Lighting 84 210 1.00 328 57344 3803112500720000 Emerald Lake_Lighting 84 210 1.00 329 57345 3803112501860000 Emerald Lake_Lighting 84 210 1.00 330 57346 3803112530790000 Emerald Lake_Lighting 84 210 1.00 331 57347 3803112531050000 EmeraldLake_Lighting 84 210 1.00 332 57348 3803112550860000 Emerald Lake_Lighting 84 210 1.00 333 57349 3803112570930000 EmeraldLake_Lighting 84 210 1.00 334 57350 3803112571130000 Emerald Lake_Lighting 84 210 1.00 335 573513803112571740000 EmeraldLake_Lighting 84 210 1.00 336 57352 3803112581260000 EmeraldLake_Lighting 84 210 1.00 337 57354 3803112591500000 EmeraldLake_Lighting 84 210 1.00 338 57607 3803140705220000 EmeraldLake_Lighting 84 210 1.00 339 57609 3803140765240000 EmeraldLake_Lighting 84 210 1.00 340 57613 3803140795240000 EmeraldLake_Lighting 84 210 1.00 341 57616 3803140805040000 Emerald Lake_Lighting 84 210 1.00 342 576213803140855260000 EmeraldLake_Lighting 84 210 1.00 343 57623 3803140905070000 EmeraldLake_Lighting 84 210 1.00 344 57624 3803140925340000 EmeraldLake_Lighting 84 210 1.00 345 57625 3803140975100000 EmeraldLake_Lighting 84 210 1.00 346 173694 3803141065130000 EmeraldLake_Lighting 84 210 1.00 347 57638 3803141165150000 EmeraldLake_Lighting 84 210 1.00 Page 8 of 10 192 348 57640 3803141295190000 EmeraldLake_Lighting 84 210 1.00 349 57642 3803141335190000 EmeraldLake_Lighting 84 210 1.00 350 57644 3803141365210000 EmeraldLake_Lighting 84 210 1.00 351 57646 3803141475230000 EmeraldLake_Lighting 84 210 1.00 352 576513803141565280000 EmeraldLake_Lighting 84 210 1.00 353 57652 3803141635270000 EmeraldLake_Lighting 84 210 1.00 354 58873 3803153405260000 Emerald Lake_Lighting 84 210 1.00 Page 9 of 10 193 As of September 18, 2017, subject to any segregations, combinations, additions, deletions, corrections, or any other changes to parcels on the rolls; we, the undersigned, do herby certify to the best of our knowledge, that the attached assessment roll for Road Improvement District #7 (Emerald Lake) has been prepared in accordance with RCW 36.88, and is a true and correct system of assessment that has been applied within the District to the best of our ability. Signed Page 10 of 10 194 WHATCOIVI COUNTY COUNCIL AGENDA BILL NO. 2017-263A CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator: Randy Rydel RR 9118117 �� E If,� �C� (j `� �� p i I� \,/f SEP 1 9126117 PwlCouncil Division Head: Dept. Head: Jon Hutchings 9 % � � 7 Prosecutor: IV A9 li /'� Dan Gibson / WHATCom COS NTY Purchasing/Budget: ` Brad Bennet 1 (3 Executive: Jack Louws TITLE OF DO CUM NT: Resolution accepting RID #1, Birch Bay Lighting District, re -assessment roll. ATTACHMENTS. Resolution and 2018 assesed roll. 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.) Acceptance of the Birch Bay Lighting District re -assessment roll. COMMITTEE ACTION.• COUNCILACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 195 PROPOSED BY: Public Works INTRODUCTION DATE: 9/26/2017 RESOLUTION NO. ACCEPTING THE ASSESSMENT ROLL OF PROPERTY WITHIN THE BOUNDARIES OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 1 (BIRCH BAY LIGHTING DISTRICT) AND SETTING THE DATE FOR PUBLIC HEARING WHEREAS, on September 12, 2017, the Whatcom County Council approved Resolution #2017-039, authorizing the preparation of a reassessment roll for property within the boundaries of Whatcom County Road Improvement District No. 1 (Birch Bay Lighting District); and WHEREAS, RCW 36.88.090 provides for a public hearing to be held. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council accepts said assessment roll, as outlined in Exhibit A to this resolution, as follows: The first annual maintenance assessment shall be based upon a Whatcom County Department of Public Works fee of $2.00 per account per year and the rate of $0.45 per lineal front foot. The second and each succeeding annual assessment 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 $0.75 per lineal front foot. Prior to the second and each succeeding annual maintenance assessment, a budget for Whatcom County Road Improvement District No. 1 shall be submitted to the Whatcom County Executive for approval. BE IT FURTHER RESOLVED that October 24, 2017, in the Whatcom County Council Chambers in the Courthouse, Bellingham, Washington, is hereby fixed as the time and place for hearing upon the schedule of reassessment, and BE IT FURTHER RESOLVED that notice of such hearing shall be published two times in the newspaper of general circulation in the County, according to RCW 36.88.090, and by Page 2 196 mailing a notice at least fifteen days before the date fixed for said hearing to each property owner whose name appears on said assessment roll. APPROVED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council • � �i77�77uE Barry Buchanan, Council Chair gr�ly- 16.2 Daniel L. Gibson, Chief Civil Deputy Prosecutor Page 3 197 EXHIBIT A Birch Bay Lighting District (RID No. 1) 2018 Assessment Roll As of September 18, 2017 (Basis= Road Front Footage) # prop_id geoid District -Name Class Seq Basis 1 119237 4001300094870000 Birch Bay Lighting 84 020 240.00 2 119238 4001300115260000 Birch Bay Lighting 84 020 165.00 3 119239 4001300124700000 Birch Bay Lighting 84 020 200.00 4 119241 4001300135080000 Birch Bay Lighting 84 020 170.00 5 119243 4001300164570000 Birch Bay Lighting 84 020 40.00 6 119249 4001300264530001 Birch Bay Lighting 84 020 12.00 7 119250 4001300264530002 Birch Bay Lighting 84 020 11.99 8 119251 4001300264530003 Birch Bay Lighting 84 020 11.99 9 119252 4001300264530004 Birch Bay Lighting 84 020 11.99 10 119253 4001300264530005 Birch Bay Lighting 84 020 11.99 11 119254 4001300264530006 Birch Bay Lighting 84 020 11.99 12 119255 4001300264530007 Birch Bay Lighting 84 020 11.99 13 119256 4001300264530008 Birch Bay Lighting 84 020 11.99 14 119257 4001300264530009 Birch Bay Lighting 84 020 11.99 15 119258 4001300264530010 Birch Bay Lighting 84 020 11.99 16 119259 4001300264530011 Birch Bay Lighting 84 020 11.99 17 119260 4001300264530012 Birch Bay Lighting 84 020 11.99 18 119261 4001300264530013 Birch Bay Lighting 84 020 11.99 19 119262 4001300264530014 Birch Bay Lighting 84 020 11.99 20 119263 4001300264530015 Birch Bay Lighting 84 020 11.99 21 119264 4001300264530016 Birch Bay Lighting 84 020 11.99 22 119265 4001300264530017 Birch Bay Lighting 84 020 11.99 23 119266 4001300264530018 Birch Bay Lighting 84 020 11.99 24 119267 4001300303580000 Birch Bay Lighting 84 020 172.60 25 119268 4001300304210000 Birch Bay Lighting 84 020 10.21 26 119269 4001300304210001 Birch Bay Lighting 84 020 10.21 27 119270 4001300304210002 Birch Bay Lighting 84 020 10.21 28 119271 4001300304210003 Birch Bay Lighting 84 020 10.21 29 119272 4001300304210004 Birch Bay Lighting 84 020 10.21 30 119273 4001300304210005 Birch Bay Lighting 84 020 10.21 31 119274 4001300304210006 Birch Bay Lighting 84 020 10.21 32 119275 4001300304210007 Birch Bay Lighting 84 020 10.21 33 119276 4001300304210008 Birch Bay Lighting 84 020 10.21 34 119277 4001300304210009 Birch Bay Lighting 84 020 10.21 35 119278 4001300304210010 Birch Bay Lighting 84 020 10.21 36 119279 4001300304210011 Birch Bay Lighting 84 020 10.21 37 119280 4001300304210012 Birch Bay Lighting 84 020 10.21 38 119281 4001300304210013 Birch Bay Lighting 84 020 10.21 39 119282 4001300304210014 Birch Bay Lighting 84 020 10.21 Page 1 of 39 HM EXHIBIT A 40 119284 4001300404130001 Birch Bay Lighting 84 020 7.37 41 119285 4001300404130002 Birch Bay Lighting 84 020 7.37 42 119286 4001300404130003 Birch Bay Lighting 84 020 7.37 43 119287 4001300404130004 Birch Bay Lighting 84 020 7.37 44 119288 4001300404130005 Birch Bay Lighting 84 020 7.37 45 119289 4001300404130006 Birch Bay Lighting 84 020 7.37 46 119290 4001300404130007 Birch Bay Lighting 84 020 7.37 47 119291 4001300404130008 Birch Bay 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152108 4051245230090000 Birch Bay Lighting 84 020 33.33 1374 152109 4051245230990000 Birch Bay Lighting 84 020 50.20 1375 152110 4051245231230000 Birch Bay Lighting 84 020 50.00 1376 152112 4051245240320000 Birch Bay Lighting 84 020 50.00 1377 152114 4051245250740000 Birch Bay Lighting 84 020 50.00 1378 152117 4051245261020000 Birch Bay Lighting 84 020 50.20 1379 152118 4051245271260000 Birch Bay Lighting 84 020 50.00 1380 152120 4051245280280000 Birch Bay Lighting 84 020 50.00 1381 152121 4051245280560000 Birch Bay Lighting 84 020 60.00 1382 152122 4051245280680000 Birch Bay Lighting 84 020 50.00 1383 152123 4051245280860000 Birch Bay Lighting 84 020 50.00 1384 152124 4051245290020000 Birch Bay Lighting 84 020 16.67 1385 152126 4051245300910000 Birch Bay Lighting 84 020 50.00 1386 152127 4051245301060000 Birch Bay Lighting 84 020 50.20 1387 152128 4051245310250000 Birch Bay Lighting 84 020 50.00 1388 152129 4051245310710000 Birch Bay Lighting 84 020 50.00 1389 152130 4051245311290000 Birch Bay Lighting 84 020 84.50 1390 152131 4051245320510000 Birch Bay Lighting 84 020 50.00 1391 152132 4051245331100000 Birch Bay Lighting 84 020 50.20 1392 152134 4051245340210000 Birch Bay Lighting 84 020 60.00 1393 152135 4051245340940000 Birch Bay Lighting 84 020 50.00 1394 152136 4051245360480000 Birch Bay Lighting 84 020 50.00 1395 152137 4051245360630000 Birch Bay Lighting 84 020 61.50 1396 152138 4051245361140000 Birch Bay Lighting 84 020 50.20 1397 152139 4051245370180000 Birch Bay Lighting 84 020 50.00 1398 152140 4051245380780000 Birch Bay Lighting 84 020 95.20 1399 152141 4051245381190000 Birch Bay Lighting 84 020 50.20 1400 152142 4051245390970000 Birch Bay Lighting 84 020 50.00 1401 152143 4051245400140000 Birch Bay Lighting 84 020 50.00 1402 152144 4051245400460000 Birch Bay Lighting 84 020 50.00 1403 152146 4051245400590000 Birch Bay Lighting 84 020 50.00 Page 32 of 39 229 EXHIBIT A 1404 152147 4051245401230000 Birch Bay Lighting 84 020 25.20 1405 152149 4051245421000000 Birch Bay Lighting 84 020 50.00 1406 152150 4051245430410000 Birch Bay Lighting 84 020 50.00 1407 152154 4051245441050000 Birch Bay Lighting 84 020 50.00 1408 152155 4051245450550000 Birch Bay Lighting 84 020 91.00 1409 152156 4051245460060000 Birch Bay Lighting 84 020 25.00 1410 152157 4051245460380000 Birch Bay Lighting 84 020 49.10 1411 152158 4051245470710000 Birch Bay Lighting 84 020 49.30 1412 152159 4051245471230000 Birch Bay Lighting 84 020 82.30 1413 152161 4051245480750000 Birch Bay Lighting 84 020 50.00 1414 152162 4051245480800000 Birch Bay Lighting 84 020 50.00 1415 152163 4051245480850000 Birch Bay Lighting 84 020 45.60 1416 152164 4051245480900000 Birch Bay Lighting 84 020 136.30 1417 152165 4051245481080000 Birch Bay Lighting 84 020 50.00 1418 152168 4051245490140000 Birch Bay Lighting 84 020 30.00 1419 152169 4051245490640000 Birch Bay Lighting 84 020 139.90 1420 152170 4051245500340000 Birch Bay Lighting 84 020 49.10 1421 152171 4051245500480000 Birch Bay Lighting 84 020 59.00 1422 152172 4051245521120000 Birch Bay Lighting 84 020 50.00 1423 152174 4051245530090000 Birch Bay Lighting 84 020 45.00 1424 152175 4051245530300000 Birch Bay Lighting 84 020 50.00 1425 152176 4051245530440000 Birch Bay Lighting 84 020 53.10 1426 152177 4051245531250000 Birch Bay Lighting 84 020 65.00 1427 152183 4051245541160000 Birch Bay Lighting 84 020 50.00 1428 152191 4051245580400000 Birch Bay Lighting 84 020 17.00 1429 152192 4051245580550000 Birch Bay Lighting 84 020 85.40 1430 152193 4051245580600000 Birch Bay Lighting 84 020 50.00 1431 152194 4051245580660000 Birch Bay Lighting 84 020 50.00 1432 152195 4051245580700000 Birch Bay Lighting 84 020 50.00 1433 152196 4051245580750000 Birch Bay Lighting 84 020 50.00 1434 152197 4051245580800000 Birch Bay Lighting 84 020 50.00 1435 152198 4051245580850000 Birch Bay Lighting 84 020 50.00 1436 152199 4051245580900000 Birch Bay Lighting 84 020 50.00 1437 152200 4051245581250000 Birch Bay Lighting 84 020 15.70 1438 174846 4051245590230000 Birch Bay Lighting 84 020 188.58 1439 152202 4051245590950000 Birch Bay Lighting 84 020 50.00 1440 152203 4051245591000000 Birch Bay Lighting 84 020 85.30 1441 152204 4051245591210000 Birch Bay Lighting 84 020 70.80 1442 152208 4051245610350000 Birch Bay Lighting 84 020 138.20 1443 152209 4051245611160000 Birch Bay Lighting 84 020 65.00 1444 152214 4051255415740000 Birch Bay Lighting 84 020 270.00 1445 152229 4051255425420000 Birch Bay Lighting 84 020 40.00 1446 152230 4051255435460000 Birch Bay Lighting 84 020 40.10 1447 152231 4051255445600000 Birch Bay Lighting 84 020 40.00 Page 33 of 39 230 EXHIBIT A 1448 152232 4051255555630000 Birch Bay Lighting 84 020 40.00 1449 152233 4051255565480000 Birch Bay Lighting 84 020 30.10 1450 152234 4051255575590000 Birch Bay Lighting 84 020 40.00 1451 152235 4051255585450000 Birch Bay Lighting 84 020 40.10 1452 152238 4051255625570000 Birch Bay Lighting 84 020 10.00 1453 152243 4051255685470000 Birch Bay Lighting 84 020 40.00 1454 152244 4051255695430000 Birch Bay Lighting 84 020 40.00 1455 152247 4051255705700000 Birch Bay Lighting 84 020 119.80 1456 152252 4051255725380001 Birch Bay Lighting 84 020 10.08 1457 152253 4051255725380002 Birch Bay Lighting 84 020 10.08 1458 152254 4051255725380003 Birch Bay Lighting 84 020 10.08 1459 152255 4051255725380004 Birch Bay Lighting 84 020 10.08 1460 152256 4051255725380005 Birch Bay Lighting 84 020 10.08 1461 152257 4051255725380006 Birch Bay Lighting 84 020 10.08 1462 152258 4051255725380007 Birch Bay Lighting 84 020 10.08 1463 152259 4051255725380008 Birch Bay Lighting 84 020 10.08 1464 152260 4051255725380009 Birch Bay Lighting 84 020 10.08 1465 152261 4051255725380010 Birch Bay Lighting 84 020 10.08 1466 152262 4051255725380011 Birch Bay Lighting 84 020 10.08 1467 152263 4051255725380012 Birch Bay Lighting 84 020 10.08 1468 152264 4051255725380013 Birch Bay Lighting 84 020 10.08 1469 152265 4051255725380014 Birch Bay Lighting 84 020 10.08 1470 152266 4051255725380015 Birch Bay Lighting 84 020 10.08 1471 152267 4051255725380016 Birch Bay Lighting 84 020 10.07 1472 152268 4051255725380017 Birch Bay Lighting 84 020 10.07 1473 152269 4051255725380018 Birch Bay Lighting 84 020 10.07 1474 152270 4051255765060000 Birch Bay Lighting 84 020 120.00 1475 152631 4051364050900000 Birch Bay Lighting 84 020 27.00 1476 152634 4051364530930000 Birch Bay Lighting 84 020 57.00 1477 152635 4051364540420000 Birch Bay Lighting 84 020 80.00 1478 152636 4051364550700000 Birch Bay Lighting 84 020 46.30 1479 152637 4051364560170000 Birch Bay Lighting 84 020 60.00 1480 152639 4051364580960000 Birch Bay Lighting 84 020 40.00 1481 152640 4051364590770000 Birch Bay Lighting 84 020 40.00 1482 152641 4051364600450000 Birch Bay Lighting 84 020 80.00 1483 152643 4051364610990000 Birch Bay Lighting 84 020 50.00 1484 152644 4051364620090000 Birch Bay Lighting 84 020 40.00 1485 152645 4051364620800000 Birch Bay Lighting 84 020 40.00 1486 152646 4051364630210000 Birch Bay Lighting 84 020 75.00 1487 152647 4051364650820000 Birch Bay Lighting 84 020 40.00 1488 152648 4051364660480000 Birch Bay Lighting 84 020 80.00 1489 152649 4051364661030000 Birch Bay Lighting 84 020 70.00 1490 152650 4051364701060000 Birch Bay Lighting 84 020 40.00 1491 152651 4051364710240000 Birch Bay Lighting 84 020 75.00 Page 34 of 39 231 EXHIBIT A 1492 152652 4051364710500000 Birch Bay Lighting 84 020 80.00 1493 152653 4051364710870000 Birch Bay Lighting 84 020 80.00 1494 152654 4051364720110000 Birch Bay Lighting 84 020 80.00 1495 152655 4051364741080000 Birch Bay Lighting 84 020 48.00 1496 152656 4051364750890000 Birch Bay Lighting 84 020 40.00 1497 152658 4051364771110000 Birch Bay Lighting 84 020 40.00 1498 152659 4051364780270000 Birch Bay Lighting 84 020 75.00 1499 152661 4051364780530000 Birch Bay Lighting 84 020 150.00 1500 152662 4051364780930000 Birch Bay Lighting 84 020 40.00 1501 152663 4051364801130000 Birch Bay Lighting 84 020 40.00 1502 152664 4051364810110000 Birch Bay Lighting 84 020 80.00 1503 152666 4051364820940000 Birch Bay Lighting 84 020 40.00 1504 152667 4051364841150000 Birch Bay Lighting 84 020 40.00 1505 152668 4051364850970000 Birch Bay Lighting 84 020 40.00 1506 152669 4051364860300000 Birch Bay Lighting 84 020 75.00 1507 152670 4051364860610000 Birch Bay Lighting 84 020 70.00 1508 152672 4051364871170000 Birch Bay Lighting 84 020 40.00 1509 152673 4051364880990000 Birch Bay Lighting 84 020 40.00 1510 152674 4051364890120000 Birch Bay Lighting 84 020 80.00 1511 152675 4051364901200000 Birch Bay Lighting 84 020 40.00 1512 152677 4051364910650000 Birch Bay Lighting 84 020 70.00 1513 152678 4051364911020000 Birch Bay Lighting 84 020 40.00 1514 152679 4051364930330000 Birch Bay Lighting 84 020 75.00 1515 152680 4051364931230000 Birch Bay Lighting 84 020 40.00 1516 152682 4051364951040000 Birch Bay Lighting 84 020 40.00 1517 152684 4051364970110000 Birch Bay Lighting 84 020 80.00 1518 152686 4051364970670000 Birch Bay Lighting 84 020 78.40 1519 152687 4051364971260000 Birch Bay Lighting 84 020 40.00 1520 152688 4051364981060000 Birch Bay Lighting 84 020 40.00 1521 152689 4051365000360000 Birch Bay Lighting 84 020 75.00 1522 152690 4051365011080000 Birch -Bay Lighting 84 020 40.00 1523 152691 4051365011270000 Birch Bay Lighting 84 020 53.20 1524 152694 4051365030730000 Birch Bay Lighting 84 020 69.00 1525 152695 4051365041100000 Birch Bay Lighting 84 020 40.00 1526 152696 4051365041310000 Birch Bay Lighting 84 020 103.10 1527 152697 4051365050110000 Birch Bay Lighting 84 020 80.00 1528 152698 4051365060240000 Birch Bay Lighting 84 020 123.69 1529 152699 4051365070390000 Birch Bay Lighting 84 020 98.80 1530 152700 4051365080770000 Birch Bay Lighting 84 020 70.00 1531 152701 4051365081130000 Birch Bay Lighting 84 020 40.00 1532 152702 4051365101160000 Birch Bay Lighting 84 020 40.00 1533 152703 4051365130820000 Birch Bay Lighting 84 020 70.00 1534 152704 4051365141180000 Birch Bay Lighting 84 020 40.00 1535 152705 4051365180070000 Birch Bay Lighting 84 020 80.20 Page 35 of 39 232 EXHIBIT A 1536 152706 4051365180870000 Birch Bay Lighting 84 020 70.00 1537 152707 4051365181550000 Birch Bay Lighting 84 020 85.20 1538 152710 4051365220220000 Birch Bay Lighting 84 020 75.00 1539 152711 4051365220930000 Birch Bay Lighting 84 020 70.00 1540 152712 4051365221210000 Birch Bay Lighting 84 020 38.80 1541 152714 4051365230290000 Birch Bay Lighting 84 020 75.00 1542 152715 4051365230370000 Birch Bay Lighting 84 020 75.00 1543 152716 4051365240110000 Birch Bay Lighting 84 020 40.00 1544 152717 4051365240440000 Birch Bay Lighting 84 020 75.00 1545 152722 4051365260560000 Birch Bay Lighting 84 020 93.10 1546 152723 4051365261310000 Birch Bay Lighting 84 020 10.00 1547 152724 4051365261310001 Birch Bay Lighting 84 020 10.00 1548 152725 4051365261310002 Birch Bay Lighting 84 020 10.00 1549 152726 4051365261310003 Birch Bay Lighting 84 020 10.00 1550 152727 4051365261310004 Birch Bay Lighting 84 020 10.00 1551 152728 4051365261310005 Birch Bay Lighting 84 020 10.00 1552 152729 4051365261310006 Birch Bay Lighting 84 020 10.00 1553 152730 4051365261310007 Birch Bay Lighting 84 020 10.00 1554 152731 4051365261310008 Birch Bay Lighting 84 020 10.00 1555 152732 4051365261310009 Birch Bay Lighting 84 020 10.00 1556 152733 4051365261630000 Birch Bay Lighting 84 020 50.00 1557 152734 4051365270970000 Birch Bay Lighting 84 020 75.00 1558 152737 4051365290630000 Birch Bay Lighting 84 020 93.10 1559 152738 4051365291670000 Birch Bay Lighting 84 020 50.00 1560 152740 4051365311550000 Birch Bay Lighting 84 020 10.00 1561 152741 4051365311710000 Birch Bay Lighting 84 020 50.00 1562 152742 4051365321020000 Birch Bay Lighting 84 020 80.00 1563 152743 4051365341580000 Birch Bay Lighting 84 020 50.00 1564 152744 4051365341750000 Birch Bay Lighting 84 020 50.00 1565 152745 4051365370700000 Birch Bay Lighting 84 020 75.00 1566 152746 4051365371070000 Birch Bay Lighting 84 020 70.00 1567 152747 4051365371620000 Birch Bay Lighting 84 020 50.00 1568 152748 4051365371790000 Birch Bay Lighting 84 020 50.00 1569 152749 4051365380630000 Birch Bay Lighting 84 020 75.00 1570 152750 4051365390070000 Birch Bay Lighting 84 020 77.80 1571 152751 4051365390150000 Birch Bay Lighting 84 020 75.00 1572 152752 4051365390220000 Birch Bay Lighting 84 020 75.00 1573 152753 4051365390290000 Birch Bay Lighting 84 020 75.00 1574 152755 4051365390410000 Birch Bay Lighting 84 020 150.00 1575 152757 4051365390550000 Birch Bay Lighting 84 020 75.00 1576 152758 4051365401650000 Birch Bay Lighting 84 020 50.00 1577 152759 4051365410800000 Birch Bay Lighting 84 020 184.00 1578 152760 4051365421860000 Birch Bay Lighting 84 020 50.00 1579 152761 4051365431540000 Birch Bay Lighting 84 020 41.70 Page 36 of 39 233 EXHIBIT A 1580 152762 4051365431700000 Birch Bay Lighting 84 020 50.00 1581 152763 4051365451900000 Birch Bay Lighting 84 020 50.00 1582 152764 4051365461730000 Birch Bay Lighting 84 020 50.00 1583 152765 4051365471550000 Birch Bay Lighting 84 020 50.00 1584 152767 4051365481950000 Birch Bay Lighting 84 020 58.10 1585 172317 4051365491580000 Birch Bay Lighting 84 020 50.00 1586 152768 4051365501810000 Birch Bay Lighting 84 020 50.00 1587 172318 4051365521600000 Birch Bay Lighting 84 020 100.00 1588 152770 4051365521990000 Birch Bay Lighting 84 020 50.10 1589 152771 4051365531850000 Birch Bay Lighting 84 020 50.00 1590 152773 4051365542030000 Birch Bay Lighting 84 020 50.00 1591 152774 4051365562060000 Birch Bay Lighting 84 020 30.00 1592 152776 4051365571890000 Birch Bay Lighting 84 020 59.90 1593 152778 4051365580070000 Birch Bay Lighting 84 020 77.50 1594 152779 4051365580630000 Birch Bay Lighting 84 020 150.00 1595 152780 4051365580780000 Birch Bay Lighting 84 020 75.00 1596 152781 4051365582090000 Birch Bay Lighting 84 020 46.90 1597 152782 4051365590150000 Birch Bay Lighting 84 020 75.00 1598 152783 4051365590220000 Birch Bay Lighting 84 020 75.00 1599 152786 4051365590850000 Birch Bay Lighting 84 020 75.00 1600 152787 4051365590920000 Birch Bay Lighting 84 020 75.00 1601 152788 4051365600290000 Birch Bay Lighting 84 020 75.00 1602 152789 4051365600370000 Birch Bay Lighting 84 020 75.00 1603 152790 4051365600440000 Birch Bay Lighting 84 020 75.00 1604 152791 4051365601760000 Birch Bay Lighting 84 020 61.70 1605 152793 4051365601950000 Birch Bay Lighting 84 020 50.00 1606 152794 4051365631990000 Birch Bay Lighting 84 020 50.00 1607 152795 4051365632170000 Birch Bay Lighting 84 020 42.00 1608 152796 4051365641790000 Birch Bay Lighting 84 020 50.00 1609 152797 4051365642030000 Birch Bay Lighting 84 020 65.30 1610 152798 4051365651250000 Birch Bay Lighting 84 020 60.00 1611 152799 4051365651310000 Birch Bay Lighting 84 020 60.00 1612 152800 4051365661840000 Birch Bay Lighting 84 020 50.00 1613 152801 4051365662210000 Birch Bay Lighting 84 020 50.00 1614 152803 4051365681670000 Birch Bay Lighting 84 020 30.00 1615 152804 4051365692250000 Birch Bay Lighting 84 020 50.00 1616 152805 4051365711890000 Birch Bay Lighting 84 020 50.00 1617 152806 4051365730570000 Birch Bay Lighting 84 020 100.00 1618 152807 4051365730650000 Birch Bay Lighting 84 020 50.00 1619 152808 4051365730700000 Birch Bay Lighting 84 020 50.00 1620 152809 4051365732290000 Birch Bay Lighting 84 020 50.00 1621 152812 4051365740060000 Birch Bay Lighting 84 020 50.15 1622 152813 4051365740100000 Birch Bay Lighting 84 020 50.00 1623 152814 4051365740330000 Birch Bay Lighting 84 020 150.00 Page 37 of 39 234 1624 152815 4051365740460000 Birch Bay Lighting 84 020 50.00 1625 152816 4051365740750000 Birch Bay Lighting 84 020 50.00 1626 152817 4051365740820000 Birch Bay Lighting 84 020 70.00 1627 152819 4051365740870000 Birch Bay Lighting 84 020 70.00 1628 152821 4051365740950000 Birch Bay Lighting 84 020 140.00 1629 152823 4051365741520000 Birch Bay Lighting 84 020 55.00 1630 152824 4051365741930000 Birch Bay Lighting 84 020 50.00 1631 152826 4051365750160000 Birch Bay Lighting 84 020 50.00 1632 152827 4051365750230000 Birch Bay Lighting 84 020 100.00 1633 152828 4051365751120000 Birch Bay Lighting 84 020 409.10 1634 152843 4051365762320000 Birch Bay Lighting 84 020 50.00 1635 152845 4051365772050000 Birch Bay Lighting 84 020 94.50 1636 152846 4051365781600000 Birch Bay Lighting 84 020 100.00 1637 152847 4051365781980000 Birch. Bay Lighting 84 020 39.20 1638 152848 4051365782110000 Birch Bay Lighting 84 020 91.90 1639 152849 4051365810950000 Birch Bay Lighting 84 020 10.00 1640 152850 4051365811680000 Birch Bay Lighting 84 020 50.00 1641 152851 4051365812410000 Birch Bay Lighting 84 020 56.20 1642 152852 4051365821730000 Birch Bay Lighting 84 020 47.50 1643 152853 4051365822170000 Birch Bay Lighting 84 020 72.00 1644 152854 4051365832240000 Birch Bay Lighting 84 020 92.40 1645 152855 4051365832450000 Birch Bay Lighting 84 020 50.10 1646 152858 4051365851830000 Birch Bay Lighting 84 020 188.00 Page 38 of 39 235 EXHIBIT A As of September 18, 2017, subject to any segregations, combinations, additions, deletions, corrections, or any other changes to parcels on the rolls; the undersigned, does hereby certify to the best of my knowledge, that the attached assessment roll for Birch Bay Lighting District has been prepared in accordance with RCW 36.88, and is a true and correct system of assessment that has been applied within the District to the best of our ability. Signed Date Page 39 of 39 236 Wc-L14 Zr"`�"�~iY L'0Er,Yr?L Ga'fD"I ,3d.:, .r- CPc.EA,'P NM Initial Date Council G2 faCe Originator: Cf ffStrang M&20?7 Division Head: NYar/c Personias i 3/23 17 i� +�' �' Dept Head: Sam Ryan 3129120,17 Prosecutor. - Royce Bucldneham Purchasing/Budget: ro d HA1V 0,, I , N Y 0 U O Executive: 1 Jack Gouws 2016-276K Wl. �nda Bate Assigned to. COTW 4/18/2017 COTW 5/2/17 COTW 5/16/2017 COTW 5/30 2017 COTW I 6/13/2017 ! COTW THLEOYDOCI"i.11',F!tT. Agenda Bill continued on next page 2016 Critical Areas. Ordinance U.pdbLte, • 1�.e��TJ�yU Cn� carcatn (�L1O8t1LF,�51&,, �c�13a�Lekxt�, 3ihffil BLI�geStLOnS' ' C(iG:Si0tL 1%L�in��r5 ATTACHMENTS: (all current and past materials provided to the Council can be found at http://www.whatcomcounty.us/2417/County-Council-Review SR3"r4 1'i J: firms, (' b lft ' X )1 1WG Sp'74rivix:x-c0l rtW&- (' ); 'aQ tom}restsi1�1te: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This is another workshop (in a series of many) on the proposed ordinance to amend Whatcom County Critical Areas Ordinance (CAO) (WCC 16.16) pursuant to RCW 36.70A.130(1). The Growth Management Act (RCW 360.70A) defines critical areas as wetlands, frequently flooded areas, fish and wildlife habitat conservation areas (including streams), geologically hazardous areas, and critical aquifer recharge areas. The purpose of this periodic update is to ensure that the CAO meets the GMA requirements, including consistency with the Whatcom County Comprehensive Plan, best available science, and state agency guidance updates. Numerous amendments are being proposed, though most of them pertain to correcting grammar, updating references to other documents or laws; clarifying and updating administrative procedures, etc. The County is also required to integrate the CAO provisions with its Shoreline Master Program (SMP). Whatcom County has done so by adopting the CAO by reference within the SMP (WCC 23.10.060(A)). This reference is also proposed to be amended. 4/4/2017: Discussed and amended 4/18/2017: Discussed and amended 5/2/2017: Amended and discussed 5/16/2017: Discussed and amended 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 CARAsl Related County Contr=t 9, i Rezared' .File I'Vilmhers: AGENDA BILL CONTINUED ON NEXT PAGE Orr.Unmvice oi,,ResoltuianNumber: g 'lease Note: Once adopted a" sigmed,. ort a magaces and resolutions are avadable fie viewing and pa^arsting o a Ij the Cozexty- s :..ebsire at: svw .co. wh atcom. rvu. us1counca 1 237 WHATCOM COUNTY COUNCIL AGENDA BILL Page Two AB2016-276K 2016 Critical Areas Ordinance Update Review of certain questions, comments, and suggestions by Council members Agenda Date Assigned to: 6/27/2017 COTW 7/11/2017 COTW 7/25/2017 COTW 8/8/2017 COTW 9/12/2017 COTW COMMITTEE ACTION.• COUNCIL 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 9/12/2017: Discussed and amended 238 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax Memorandum J.E. 'Sam" Ryan Director TO: The Honorable County Council Jack Louws, County Executive FROM: Cliff Strong, Senior Planner Ryan Ericson, PDS Supervisor THROUGH: Mark Personius, Asst. Director DATE: September 20, 2017 SUBJECT: 2016 Critical Areas Ordinance Update County Council Review Workshop on September 26, 2017 On September 26th 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 6, Wetlands • Article 8, Conservation Program on Agriculture Lands • Article 2, Administration To prepare for this meeting, please review this memo. 1 239 Issues Tabled at the 9/12/17 Workshop The following first three issues were tabled by CM Brenner due to having received a letter addressing the 2"d two issues from Joseph Leyda dated 9/7/17. Staff had not received this letter and she wanted us to be able to review it. ITEM 1(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: [Note: Mr. Leyda did not address this issue in his letter.] 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. Staff does, however, recommend adding a definition that would allows for a method of survey appropriate to the scale of development. See addendum. Add to WCC 16.16.900 "Survey" means one of the following; 1. A survey completed by a licensed Surveyor 2. Mapping using a_compass and tape 3. Mapping using a smart phone or hand held GPS. ITEM 2 (Issue 182) (Brenner) Remove 16.16.670(B)(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. UPDATE: According to our contact at DNR, from whom we're obtaining the LiDAR data, we should be receiving it in October. Our GIS Specialist says that it will only take a week to prepare a 2-ft contour layer and post it to our website for all to use. Thus its availability should coincide with the adoption of the CAO. 2 240 Nonetheless, staff recommends adding to 16.16.670(8)(7)(c)(viii)''provided by Whatcom County PDS or the applicant may provide a topographic survey conducted using the survey standards of Whatcom County." ITEM 3 (Issue 183) (Brenner) In regards to 16.16.670(B)(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. Original 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. UPDATE: In his letter, Mr. Leyda makes the argument that a delineation report should be separate from a mitigation report, and that a functional assessment should be part of the mitigation report. Our Natural Resources Supervisor, Ryan Ericson, who provided the original staff response, says he agrees with Mr. Leyda's argument but has a different plan for addressing it. Under the Code Revision Project, he would like to remove all references to processing requirements from code (not just, but including the CAO) and instead place them in a PDS Administrative Manual. This manual is already substantially drafted, and the Code Revision Project has already commenced with Planning Commission review. However, he didn't want to postpone adoption of the CAO any longer, so didn't propose revised language to this section earlier. The administrative manual will only apply to application submittal requirements. Staff recommends adding the following to 16.16.250: 16.16.250 Submittal requirements and critical areas review process. E. Elements of a critical area assessment are encouraged to be submitted together for timely review. However, the Technical Adrn in istrato r may allow the various components to be submitted independently at different phases of a ro'ect if s/he determines piecemeal review will benefit the review orocess or at the request of the applicant. ITEM 4 (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. At your 9/12/17 workshop staff had suggested codifying PDS Policy PL1-85-004Z CPAL — Animal Threshold, Resource Priority as a way to address those with few animals. Council indicated that this 241 wasn't exactly what you were looking for in terms of exempting youth agricultural clubs. Nonetheless, it may still be a good idea to codify that policy, to read (amended since the last version): 16.16.814 Exemptions. The following are exempt from having to obtain a Conservation Farm Plan. - A. Landowners who do not have critical areas on their property. B. Landowners who keep agricultural activities out of the standard critical areas and their buffers. C. Landowners who do not exceed a ratio of 1 animal unit per 3 grazable acres and manage their animals to avoid a direct discharge of sediment or fecal matter to surface waters. Indicators of direct_ discharge can include de -vegetated riparian area, unfenced access to a stream, or animal confinement areas adiacent to surface waters. This is a ratio of animal units to grazable acres and may be used on parcels of any size. D. Youth agriculture education programs that promote the use of agriculture best mana ement Practices through the use of a checklist developed by the Whatcom County Conservation District in cooperation with Whatcom County. Staff also recommends adding the following definition to 16.16.900 Definitions: "Grazable acres" mean! both pasture and hayland as described in the Whatcom County Standard Farm Conservation Planning Workbook. Some questions about exempting kids' clubs arose, such as: 1. What if the kids have more than 1 animal unit'? Or what if they have less than 3 acres on which to raise their animals? Response: This has been addressed in the revised language above. 2. What should the upper limit on the number of exempted animals be? Response: Council did not provide any direction this question. However, staff suggests 6 animal units as proposed in the revised language above. 3. What if someone just says their animals are their kids' 4H (or other clubs) project to get out of having to comply with the code? Response: There was general talk of having the kids have to read some educational materials and sign something attesting that it's a club project and promising to use BMPs, to which staff responded that that basically sounds like preparing a Type I Conservation Farm Plan (3 pages, self -filled, and free through the Whatcom Conservation District or Planning and Development Services). 4. Why would we exempt a certain class of people (kids in clubs) but not others with a small amount of animals? That doesn't seem fair. Response: Adopting the proposed 16.16.814 section above would treat all people in the same situation similarly. In the end, Council asked the ag representatives in the room to come up with some proposed language. 1 Note that per 16.16.900 "Animal unit" means 1,000 pounds of livestock live weight. This term is already used elsewhere in Article 8. El 242 ITEM 5 (Issue 197) (Barbara) Mr. Leyda has a good point about buffers on Category IV wetlands. His letter mentions deficiencies in the Ecology Rating systems when scoring habitat on small wetlands and the buffers are assigned based on habitat. Use something else in WCC 16.16.630 Table 1. Staff Response: A simpler single buffer for all category IV is possible. The buffers for category IV currently don't change between habitat scores and could be a single line in Table 1. A single buffer for each of the three land -use intensity for special characteristic wetlands is also found in Best Available Science. Currently King County uses this approach. ITEM 6 (Issue 198) (Staff) Staff thinks it would be a good idea to add a definition of the word "may" to WCC 16.16.900 to read: "May" means the action is allowable, provided it conforms to the provisions of this Chapter. This definition comes from our SMP, WCC 23.110.130(6). ITEM 7 (Issue 199) (Staff) After recent compliance cases staff recommends make some additional changes to certain sections of the code to make the intent of the chapter clear and simpler, which provides for greater enforceability. See attached addendum from Ryan Ericson. ITEM 9 (Issue 200) (Staff) Lastly, in preparation for the consolidation effort to move all land use permit procedures to a single new title the following changes are recommend by staff. See attached addendum from Ryan Ericson. 243 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907,TTY 800-833-6384 360-738-2525 Fax Memorandum J.E. "Sam" Ryan TO: The Honorable County Council Jack Louws, County Executive FROM: Ryan Ericson, PDS Supervisor THROUGH: Mark Personius, Asst. Director DATE: August 24, 2017 SUBJECT: 2016 Critical Areas Ordinance Update County Council Review Workshop on September 26, 2017 Director This is an addendum to the Memorandum dated September 20, 2017 of staff responses to Whatcom County Council Review Workshop. These are recommended changes to clarify proposed code for compliance and future land use procedure code alterations. 16.16.200 Authority. This chapter is adopted under the authority of Chapters 36.70 and 36.70A RCW! which empowers a county to enact a critical area ordinance and provide for its administration enforcement and amendment, and Article 11 of the Washington State Constitution. 16.16.205 Authorizations required. A. No action shall be taken by anv person, comoanv, aeencv. governmental bodv lincludin Whatcom County), applicant, owner, or owner's agent, which results in any alteration of a critical area or its setback or buffer without prior authorization by submitting an application to the Technical Administrator and obtaining either the required permit or an approval of a notice of activity, asspecified herein. A-B.Pnor to i U 0 Rg a Pe FA0t ti,n C-I,—'ch 1 in in determe] � jrnitted ptW-Suant t„ this ehapt r. No land use development permit, construction permit, or land division approval required by County ordinance shall be granted until the County decision -maker has determined that the applicant has complied with the applicablepF®v+siens purposes, requirements, objectives, and goals of this chapter including the mitigation standards set forth in WCC 16.16.260. 9-.C.AuthONZatiORS ecll und'-r this rhaptr.... _ rl�., e+4e-r-paA4-3prR quiremeRtr r.F Pa r t of rJaFly i annn rm it or apr. rova-!,.-Any p re pose .=r4ica1 a -a lte rat men that lone not FeEluiFe-r.+h.�r !'eunty pro ect .-. mits r FGVa ,eh a s va Fi a P ces a nd r so able . 244 reptieRs Project permits must comply with the substantive and procedural requirements of this chapter and the procedural requirements of Chapter 2.33 WCC. &D. The requirements of this chapter shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA) (Chapter 43.21C RCW), as locally adopted (Chapter 16.08 WCC). Any conditions required pursuant to this chapter shall be coordinated with the SEPA review and threshold determination. Q�.—Areas characterized by a particular critical area may also be subject to other regulations established by this chapter due to the overlap or multiple functions of some critical areas. When one critical area adjoins or overlaps another, the more restrictive standards shall apply. E. 16.16.230 Exempt activities. Exemptions from permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this iurisdiction. The following activities as specified are exempt from the pKevias requirements of this chapter: 16.16.220 Identification and mapping of critical areas. A. The approximate location and extent of these areas in Whatcom County is displayed on various inventory maps available at the County's Department of Planning and Community Development and online. Maps and inventory lists are guides to the general location and extent of critical areas. Critical areas not shown are oresumed to exist in Whatcom County and are protected under all the provisions of this chapter. In the event that any of the designations shown on the maps or inventory lists con_fi_ict_ with the site -specific conditions, site -specific conditions shall control. B. The County has identified critical areas and areas where the conditions undeF which ertiveal aFeas Critical area locations and boundaries shown on the County's maps ^+^ ,nd do not include buffers that may be associated with critical areas,��a&ffW ROt be shawg-eP4�he maps at all. it is also yassNo that 59Fne Fnass r1.�..,rr"r�cFi�ii-v�c�ca�mrzcric'r1'r�rm�c^a` "" rev" �^t-a� �n�-wccuras� i A-C.Planning _and Development Services has the authority to update critical areas maps and shall do so as new critical areas are identified and as new information becomes available. 16.16.250 Submittal requirements and critical area review process. A. All applicants shall complete a prescreening meeting with the technical administrator prior to submitting an application subject to this chapter. The purpose of this meeting shall be to discuss the requirements for a complete application; the critical area standards and procedures; to review conceptual site plans prepared by the applicant; to discuss appropriate investigative techniques and methods; and to determine reporting requirements. 245 B. Review and approval of a proposed development within a critical area or its buffer may be initiated through the application for any project permit in Whatcom County. If amether a`o'c-}efii- �{ ce p e pwrsu ant tea. Chapter. 2.33 F2 1#'�-a "�' �i �� C. The technical administrator shall be responsible, in a timely manner, to make one of the following determinations regarding critical areas project review: 1`Initial Determination. When County critical area maps or other sources of credible information indicate that a site may be located,_ contain or abut critical areas, critical area buffers or setbacks the technical administrator shall require technical studies in accordance with that critical area's specific Article. 1-2. Determination of Impacts. he technical administrator shall use best available science, including but not limited to the County's critical areas maps, his/her field investigation results, his/her own knowledge of the site, information from appropriate resource agencies, or documentation from a scientific or other credible source to determine if the project will more probably than not adversely impact a critical area or its buffer. identified adverse impacts shall be fully mitigated in accordance with WCC 16.16.260. 2-3. Determination of Compliance. If the applicant demonstrates to the satisfaction of the technical administrator that the project meets the provisions of this chapter and is not likely to adversely affect the functions and values of critical areas or buffers or provides mitigation to reduce the adverse impact to mo: no net loss of the function and values of critical areas or its buffer; the technical administrator shall i.ssv w—,-ten VeF'fi6@t;nnothat �emake the determination the proposal complies with this chapter. WFitten ,.erif:c,atiiGn rhil3 he ;ncluded in the project review e Pt 3.. _ Aleed Gr.r C'ritira l pFoposeaGteesnotMeet ffiteFd subs 4 2) of this section and would MGFe probably thaA not affect the functions and approp-i .te Fneans eensistent with hest available sc eoce R shall nr.tif.. � � wr4virng e need w prepare a critical areas asseSSFnek FePOFt on eenfeFmance with WCC 7 6 'lro-�v42T 4. Decision to Approve, Condition, or Deny. The technical administrator shall review all pertinent information pertaining to the proposed development and shall approve, approve with conditions, or deny the permit based on their review, and shall provide a detailed written decision of compliance, this; determination shall be included in the project review record for the roeect permit in accordance with Chapter 2.33 WMiFircludiAg F:r.dk;gs a ffact to s...a.a.,. 414e 4ee4s-rude to thp-apOeant. D. The technical administrator may waive the requirement for critical areas review under this chapter when s/he determines that all of the following conditions are met: 1. The proposed development activity is located on a parcel that received approval of a previous critical areas review within the prior 5 years, site conditions have not changed, and the applicable regulations have not substantively changed; 2. All critical areas on the parcel have been identified and delineated and the effects of the proposed development activity have been thoroughly considered in accordance with the most current regulations and Best Available Science; 3. The activity is in compliance with all permit conditions including mitigating measures, as applicable, that were imposed as part of the prior review and there are no outstanding violations of conditions that were imposed as part of the previous review; 246 4. The development activity involves a use that is equally or less intensive than the development activity that was subject to the prior permit. Land use intensity shall be based on factors including development density, critical areas impacts, impervious surface, noise, glare, dust, hours of operation, and traffic. Submittal Materials: Complete Application A detailed site map drawn to a common scale, or survey, showing at least the following: a. Vicinity Map b. Topographic, hydrologic, and vegetative features. c. The location and description of known wildlife and habitat features and all known critical areas. d. Proposed development activity with dimensions. Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc. Structures shall be dimensioned. 16.16.255 Critical areas assessment reports. tial PrOjOrA RAd to protect erotical areas, A. When the technical administrator determines a need for a critical area assessment pursuant to WCC 16.16.250(C)(31), s/he shall have the authority to require a critical areas assessment report, to be prepared by a qualified professional and be consistent with best available science. The analysis shall be commensurate with the value or sensitivity of a particular critical area and relative to the scale and potential impacts of the proposed activity. A critical area assessment shall have all of the following elements, unless determined by the Technical Administrator, 1. Reguirements in WCC 16.16:255(J&(H) 2_ Geological Hazard_ Assessment 3. Critical Aquifer Recharge Assessment 4._ _Fregu_ently_Flooded Area Assessment 5. Wetland Assessment 6. Fish and Wildlife Habitat Conservation Area Assessment 7. Mitigation Plan - Addressing all mitigation requirements in this Chapter. A:B.The critical areas assessment report shall: 1. Demonstrate that the submitted proposal is consistent with the purposes and specific standards of this chapter; 2. Describe all relevant aspects of the development proposal and critical areas adversely affected by the proposal including any geological hazards and risks associated with the proposal, and assess impacts on the critical area from activities and uses proposed; and 3. Where impacts are unavoidable, demonstrate through an alternatives analysis that no other feasible alternative exists. 4. Considers the cumulative impacts of the proposed action that includes past, present, and reasonably foreseeable future actions to facilitate the goal of no net loss of critical areas. Such impacts shall include those to wildlife, habitat, and migration corridors; water quality and quantity; and other watershed processes that relate to critical area condition, process, and/or service. 5. Identify proposed mitigation and protective measures as required by this chapter. 247 g.C.The technical administrator shall review the critical areas assessment report for completeness and accuracy and shall consider the recommendations and conclusions of the critical areas assessment report to assist in making administrative decisions concerning approval, conditional approval, or denial of the subject project and to resolve issues concerning critical areas jurisdiction and appropriate mitigation and protective measures. C D._—Critical areas assessment reports shall generally be valid for a period of five years from the date the assessment is approved by the technical administrator. Future land use applications may require preparation of new or supplemental critical area assessment reports unless it can be demonstrated to the satisfaction of the technical administrator that the previously prepared report is adequate for current analysis. The technical administrator may also require the preparation of a new critical area assessment report or a supplemental report when new information is found demonstrating that the initial assessment is in error. If the technical administrator requires more information in the report, s/he shall make the request in writing to the applicant stating what additional information is needed and why. D:E.The technical administrator shall reject or request revision of the field and literature findings and conclusions reached in a critical areas assessment report when s/he can demonstrate that the assessment is inaccurate, incomplete, or does not fully address the critical areas impacts involved. €..F. To avoid duplication, the reporting requirements of this chapter shall be coordinated if more than one critical area assessment report is required for a site or development proposal. Similarly, where other agencies assessments or reports are required pursuant to other state or federal laws, the applicant is encouraged to submit one report that satisfies all such agencies' requirements. -G.In addition to a hard copy, applicants shall provide reports and maps to the County in an electronic pformat that allows site data to be incorporated into the County critical areas database; however, the County may waive the electronic format requirement for single-family building permits. Applicants shall follow Whatcom County electronic submittal guidelines. This requirement shall not be construed as a requirement to use specific computer software, though it must be in a format useable by the County. G,H. The intent of they provisions is to require a reasonabl_ level of te hn..iWi-sWdy-and_al-t-erna-tiy-e-s aOalySi_ _rsuant to WCC. 6,I6.225 S Mff_den #a assess_P9Aen_ ial- (Aect_ mpa..ct anal_ o- _ram critical areas. At a minimum, a critical areas assessment report shall include the following information: 1. A site plan showing the proposed development footprint and clearing limits, all relevant critical areas and buffers within and abutting the site, a written description of the project, an examination of project on -site design alternatives, and an explanation of why the proposed activity requires a location on, or access across, a critical area and why alternatives are not feasible; 2. A written description of the critical areas and buffers on or in the vicinity of the site, including their size, type, classification or rating, condition, disturbance history, and functions and values. Projects in frequently flooded areas must comply with the reporting requirements of WCC Title 17. Projects on or adjacent to geologically hazardous areas shall identify the type of hazard and assess the associated risks posed by the development or that the development may be subject to; 3. An analysis of potential adverse critical area impacts associated with the proposed activity including, but not limited to, effects related to clearing, grading, noise, light/glare, drilling, damming, draining, creating impervious surface, managing stormwater, releasing hazardous materials, and other alterations, and including an explanation of critical area processes and functions that may be affected; KM 4. An analysis of how critical area impacts or risks will be avoided and/or minimized, and/or an analysis of the proposed measures to prevent or minimize hazards. When impacts cannot be avoided, the report shall include a plan describing mitigation that will be provided to replace critical area functions and values altered as a result of the proposal. The mitigation plan shall be consistent with the provisions of WCC 16.16.260 and provide written documentation showing what the applicant considered for each step in the mitigation sequencing and the other applicable articles of this chapter; 5. The dates, names, signature, and qualifications of the persons preparing the report and documentation of analysis methods including any fieldwork performed on the site; and 6. Additional reasonable information requested by the technical administrator for the assessment of critical areas impacts or otherwise required by the subsequent articles of this chapter. 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 (Reconnaissance)4e-��') or critical area assessment rgpnr.: 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 n_Q regulAted� erW tlancis ar sent, then wetland review will be ca�isidef-ca«il)lete. B. B-.C.+-When the technical administrator determines that a wetland is more likely than not present, the technical administrator shall require a wed critical area assessment report pursuant to WCC 16.16.255 and subsection B-C of this section. D. A wetland assessment. is an element of a critical area assessment report which FepeFtdescribes the characteristics of the subject property and adjacent areas .,.d must be eensmstent with WGC 16464S6. The wetland 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 inel ;nrc�ri�i�R�I�I�cit , , 1 .,,�E�I��IBr. Of all iMetlaAd b.,.,ndar s (with deline-a-ions. gge"nrl Verifoi+}-and may include analysis of historical aerial photos, and review of public records. C-.L. A wetland Aswssmerat-assessment repartt, shall include the following site- and proposal -related information unless the technical administrator determines that any portion of these requirements is already required by Article 2 Administration ui unnecessary given the scope and/or scale of the proposaled developm t: 1_Location information (legal description, parcel number, and address); 2. A vlcinit Ma 1-.3. A site plan that includes scale, and wetlands and associated buffers and proposed development if appropriate 2-4.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; 249 rand otheF Wuetures, , paking lots, r water bodies,etrm.j S. Wetland Analysis. an analysis of all wetlands and buffers to the extent they can be le all accessed) includine. at a minimum, the followine information: i. Wetland delineation conducted by a qualified professional and completed in accordance with WCC 16.16.610 ii. The wetland boundary shall be marked in the field with flagging left in the field for Whatcom County verification and placed high enough to allow line of sight with vegetation growthl and surveyed using a methodology appropriate to scale of development. The surveyed wetlands areas shall be mapped showing location and size of all wetlands. Methodology used shall be in the report with description of a ui ment [specs], accurate, pDop and any other pertianent description of how the x_and_y coordinates where gathered. 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. Include all streams and drainages (Type S, F, Np, or Ns streams), shorelines, floodplains, flood prone areas A Description of vegetation, hydrologic conditions, and soil and substrate conditions. vii. Description of wildlife and habitat. Include all critical habitat for threatened and endangered species within 300 feet of the development footprint. viii. Topographic elevation, at two -foot contours provided by Whatcom County PDS for single family proposals. 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 re uirements For each wetland. Co ies of the wetland rati ng farms and associated figures from the Ecology Wetland Rating System For Western Washington as amended C, tem r Wer+er.a W-aShi.agWR, as arpeRded. W,-t4n4,ry 'ng-4-he - rt leration of all wetland hoUAda Fies steal, e dek-fmined 0-*rvUg th- -"rr�.�.rna fir.l 7 : r}irr_t:r.n F.ar a qualified wetland professional applying the U.S. Army Corps of Eng!n _Wn} 4Reati9n Manual, 1987 Edition and the �S�f'n Mountains, Valleys, nd f + inn supplement Idle n 7 ni 2010 or as rea.ir F.��.^v'cm=rcar n;-v-arTc�S,��r+-r��v"a3r-�ic'�r�,-r`�d}pprcr weV"d boundary shall he marked in the 4'inld and 5u��e surveye4-we#and5areasslaaII he mapped showing location and size of a.11-wetlads.:The TeehsiAdFni);iStFatE)F May est yefifi-a+inn of the wetlaod delineation by the-Yirnny Go-p- of 'nh duof sa ry to dete rm inn annli Ga hle Fegulatinrs an 'zmyirt�. S We d f'Sa eellinne pion Req dyer eke The fGHOWing aFe - ed e - r. a-We,tlae4 dnlin at'e repeFt. e-t-5-t14e Pa Fee 1 Fna rwith sea le, fr.e+Pr!.,+ unless aceess Is di-e .ir..-1 i ri+i. Cg by Pie rarcine�etu.cLt.Lnr+ Il map shall lRelude all Streams and rlr•air.-ageS (Type C C� Al r. er Air rr�.z. Ls�rr+ r fleedplainr flead r. e areas r d r•ritirmal habita-t-fGr-4arn�o den ap'e+e-d easier �.. i+hin 150 feet of the development footprint. 250 imv---MaIg-of-deveIop4:RefA p-Fepesa4-w4t+-4c-curate se�le: .Ja�. n re POFt shall an analysis- nof711 4r s-a-nd ;313f f5 �[f}tiiQ gift£ Ft l ]Ffx73� 13e-1�r7�;y ed-�in4uding-at a f 1�Fi# ;-04L—fol-awing RfOFFnati9Rl H--aAFetda Fi�l--fLeif Feat lEi�- The we tIand hrR+r. r!aries sha 4-be r eyed by--. ]"riE nomad Sur flaetflad-w-i t }-+-a9�sEu�ac-y-9��1�9r-s-e9�--font-s� a-s��+9y neterr..;natier+ 9 h-wetland soze: i�+— serip i9r� 9a9f� w l ,, class and eate-ae-ry: Y. DeUiptaa d aioage pattern S OR So te vi--9eScr i9 r of geta#ier kly� alerti ia;is, and soil arid-subs*Fate ee ti9ps. A: —Des iption of wild4fe--anc#--habAat- v+ii. Topogf-aphic-elevaRien, at#wu-foGt-9ems- +�t — ias�a�assessmerh $1*r�ie�vetla d aed ad aces u# usi g-a4ocal�age� og�aized met#�ed ar�d i�ae dig tie efe e v�the4,*ie, all a sheets —�fa�dar�bu#e�-r�gtair�er�#�-f�r�aek�wet#a� xi- i k�at i; se udes se 4e n�wetia d and asseciated buffers Fr-aposed da„ ;t 16.16.690 Compensatory wetland mitigation plan. In addition to meeting the requirements of WCC 16.16.260(B), a compensatory mitigation plan for wetland and wetland buffer impacts shall meet the followingq�l+reme+�ts: 1. Provide analvsis of existine 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 disturbance, area of buffer reduction, area of buffer averaging including documentation that the functions and values will be increased through reduction or average; 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, and human intrusion. 1-:2.The plan shall be based on applicable portions of the Washington State Department of Ecology's Guidelines for Developing Freshwater Wetland Mitigation Plans and Proposals, 2004, or other appropriate guidance document that is consistent with best available science. 2-3.7he plan shall contain sufficient information to demonstrate that the proposed activities are logistically feasible, constructible, ecologically sustainable, and likely to succeed. Specific information to be provided in the plan shall include: a. The rationale for site selection; b. General goals of the plan, including wetland function, value, and acreage; c. Description of baseline (existing) site conditions including topography, vegetation, soils, hydrology, habitat features (i.e., snags), surrounding land use, and other pertinent information; d. Field data confirming the presence of adequate hydrology (surface and/or groundwater) to support existing and compensatory wetland area(s); e. Nature of mitigation activities, including area of restored, created, enhanced, rehabilitated and preserved wetland, by wetland type; 251 f. Detailed grading and planting plans showing proposed post -construction topography; general hydrologic patterns; spacing and distribution of plant species; size and type of proposed planting stock; watering or irrigation plans; and other pertinent information; g. A description of site treatment measures including invasive species removal, use of mulch and fertilizer, placement of erosion and sediment control devices, and best management practices that will be used to protect existing wetlands and desirable vegetation; h. A demonstration that the site will have adequate buffers sufficient to permanently protect the wetland functions. 252 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 WHATCOM COUNTY COUNCIL Special Committee of the Whole June 13, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 9:30 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: None. COMMITTEE DISCUSSION 1. CONTINUATION OF COUNCIL'S REVIEW OF THE 2016 CRITICAL AREAS ORDINANCE UPDATE (AB2016-276K) REVIEW OF CERTAIN QUESTIONS, COMMENTS, AND SUGGESTIONS BY STAFF AND COUNCILMEMBERS RELATED TO: ARTICLE 5 — CRITICAL AQUIFER RECHARGE AREAS, ARTICLE 8 — CONSERVATION PROGRAM ON AGRICULTURE LANDS, ARTICLE 9 — DEFINITIONS The following staff answered questions: • Cliff Strong, Planning and Development Services Department • George Boggs, Conservation District • Ryan Ericson, Planning and Development Services Department Staff and councilmembers discussed the following items: • Staff response to an email from Wendy Harris regarding best available science (BAS) • Whether and how they should protect critical aquifer recharge areas (CARAs) from agricultural pollution from 1,500 small farms in the county without farm plans, which are impacting the CARAs, but are not mentioned in Article 5 • Creating a new Article in the code for agricultural -related statutes and changing the membership of the Agricultural Advisory Committee • Possible processes for educating farm owners regarding problems and best management practices • Possibly contracting with the Conservation District to collect data on the number and types of small farms in the county Weimer moved to look at the septic system model for a self -reporting feedback loop within the high susceptibility CARAs. The motion was seconded. 253 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Browne suggested a friendly amendment that considers a broader range of participants to come up with a solution, such as the agricultural community, rather than just use the septic system model, "to leek at the septic systern rnedel identify and engage all relevant stakeholders." Weimer accepted the friendly amendment. Brenner stated the County must engage all relevant agricultural users. Weimer restated the motion to ask staff to identify and engage all relevant agricultural stakeholders for a self -reporting feedback loop. Strong stated he understands that the motion is to request staff to create a draft path forward for how they would put together a program to educate people on best practices, and once Council agrees with the process, they would engage the stakeholders. The Council concurred with Mr. Strong. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Donovan moved to amend 16.16.810, Keeping horses and other large animals creates potential adverse impacts to critical areas and to water quality. It is the County's policy to minimize such impacts." The motion was seconded. Brenner suggested a friendly amendment, "...It is the County's policy to minimize sueh potential impacts." Donovan accepted the friendly amendment. Donovan amended the motion to amend 16.16.810, "Agricultural operations, including keeping horses and other large animals, create potential adverse impacts to critical areas and water quality. It is the County's policy to minimize such potential impacts." The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None (0) Abstains: Brenner (1) Brenner moved to amend 16.16.810(D), "Degradation of Riparian Areas. The term ... and keep water cooler in summer. If it occurs, uncontrolled grazing yes has the potential to remove important riparian vegetation." The motion was seconded. 250 Special Committee of the Whole, 6/13/2017, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend 16.16.820(D)(1), "Type 1 low impact farm or livestock operations." size. The motion was seconded. Staff and councilmembers discussed identifying level of impact of a farm versus farm The motion failed by the following vote: Ayes: Brenner (1) Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Brenner moved to amend 16.16.820(D)(2)(a), "Type 2 operations are farms that include, but are not limited to those that exceed one...." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend 16.16.830(B)(1), "Only on engeing agricultural land where such activities are a demonstrated to be an integral part of the engeing agriculture use or part of routine maintenance; and." The motion was seconded. Councilmembers and staff discussed defining an active, ongoing agricultural status. The motion failed by the following vote: Ayes: Brenner (1) Nays: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Browne moved to amend 16.16.830(B)(1), "Only on ongoing agricultural land where such activities are a demonstrated part of the engeing a history of legal agriculture use or part of routine maintenance; and." The motion was seconded. Sidhu suggested a friendly amendment to add language, "Other state or federal rules may apply." Browne accepted the friendly amendment. Councilmembers and staff discussed historical uses and how the County is the State's enforcement mechanism for the Growth Management Act. 255 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 1 2 Browne withdrew the motion. 3 4 Councilmembers stated they would like more information on the definition of ongoing 5 agriculture and historical agriculture. 6 7 8 Special Committee of the Whole, 6/13/2017, Page 4 258 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 11:00 a.m. The Council approved these minutes on September 26, 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 257 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole June 13, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 1:30 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Satpal Sidhu, Rud Browne, Barry Buchanan, Ken Mann, Todd Donovan and Carl Weimer Absent: None COMMITTEE DISCUSSION 1. DISCUSSION WITH PUBLIC WORKS STAFF REGARDING A POTENTIAL PROPERTY ACQUISITION FOR FLOOD CONTROL ZONE DISTRICT PURPOSES (AB2017-018) Attorney Present: None Buchanan stated that discussion of agenda item one may take place in executive session pursuant to RCW42.30.110 (1)(b). Executive session will conclude no later than 2:00 p.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Brenner moved to go into executive session until no later than 2:00 p.m. to discuss the agenda items pursuant to RCW citations as announced by the Council Chair. The motion was seconded. The motion carried by the following vote: Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, Donovan and Weimer (7) Nays: None (0) OTHER BUSINESS ADJOURN The meeting adjourned at 1:47 p.m. The Council approved these minutes on September 26, 2017. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 258 Committee of the Whole, 6/13/2017, Page 1 4 Jill Nixon, Minutes Transcription 259 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council Meeting June 13, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Rud Browne and Barry Buchanan. Absent: Todd Donovan. FLAG SALUTE ANNOUNCEMENTS PUBLIC HEARINGS 1. RESOLUTION APPROVING THE SALE OF A CONSERVATION EASEMENT (AB2017-178) Buchanan opened the public hearing, and hearing no one, closed the public hearing. Brenner moved to approve the resolution. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None(0) Absent: Donovan (1) 2. ORDINANCE TO ESTABLISH SPEED LIMITS ON CERTAIN COUNTY ROADS (AB2017-179) Joe Rutan, Public Works Department, gave a staff report and stated the department agrees with the request. Buchanan opened the public hearing, and the following people spoke: M Regular County Council Meeting, 6/13/2017, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 safer. David Stritch stated he supports the change in speed limit to make the community Hearing no one else, Buchanan closed the public hearing. Mann moved to adopt the ordinance. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None(0) Absent: Donovan (1) 3. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF SLATER ROAD (AB2017-180) Joe Rutan, Public Works Department, gave a staff report and stated staff supports the ordinance. Buchanan opened the public hearing, and hearing no one, closed the public hearing. Mann moved to adopt the ordinance. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None(0) Absent: Donovan (1) 4. PUBLIC HEARING TO GATHER PUBLIC COMMENT ON THE SIZING OF A PROPOSED NEW WHATCOM COUNTY JAIL (PER RESOLUTION 2017-034, APPROVED MAY 30, 2017) (AB2017-185A) Buchanan opened the public hearing, and the following people spoke: Joy Gilfilen submitted and read from a handout (on file) and stated she is opposed to a new tax and new jail. Dena Jensen stated she recommends the jail size remain at its current size, they must fix the current jail, and invest in the triage center and in measures to prevent and reduce incarceration. Sandy Robson stated do not build a new and bigger jail or pass a sales tax measure at this time. Fix the existing jail facility and gather data on the impact of jail reduction efforts, then plan for a new jail in the future. Invest in incarceration prevention and reduction efforts. 261 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Amy Glasser stated she agrees with the previous speakers. They don't have the data yet on what they need. Sell the property reserved for a new jail and invest the funds in fixing the existing jail. Invest in incarceration prevention and reduction efforts and providing services. Lisa Farino stated they need mental health treatment, not jails. Peter Holcomb stated locking people up corrupts the community. Dean Tuckerman stated they don't need a new jail. He does not support a sales tax, because a sales tax is the most regressive tax. Alex McLean stated America has more people locked up than any other country. Invest instead in behavioral health services. Don't move the County Seat to the Ferndale location. Marla Bronstein spoke on behalf of Irene Morgan, stating she does not support a new jail. Maintain the existing jail. Invest in jail alternatives. Do not approve a new sales tax. Carole Perry stated they need correct jail data. Show the people the jail condition and all the work that has been done. Max Perry stated studies have shown that the existing jail can't be renovated. He supports the current proposed size of 440 beds. He supports the sales tax ballot measure. Everett Barton stated they need data before making decisions. The government is a corporation, and taxpayers are shareholders. Bob Burr stated they must wait until the consultant report is in and a needs assessment is done. He does not support the current proposed jail size and location. Invest in jail alternatives. He does not support a sales tax ballot measure. Dianne Foster stated the public wants a smaller jail located downtown. Don't create a Homeland Security detention center near the border. Don't privatize the jail once it's developed. Clint Lincoln stated he supports getting a current needs analysis and the jail alternative efforts. He does not support the proposed location. Maintain the current jail. Amy Malone stated she does not support the proposed new jail or sales tax. They need more data. Invest in jail alternatives, prevention, and behavioral health services. Use the current sales tax collection to fix the existing jail. Eric Lawrence stated he does not support building a new jail. Invest in behavioral health services. Ronna Loerch stated they don't have the data necessary to decide an appropriate jail size. She does not support the proposed sales tax measure. Invest in jail prevention, diversion, and behavioral health services. She does not support the Ferndale location for the jail or the County Seat. 268 Regular County Council Meeting, 6/13/2017, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Charles White stated he does not support a new jail or sales tax. Debra David stated she supports increased behavioral health services. Deborah Hawley stated she supports behavioral health services for people in the criminal justice system. Mary Kay Robinson stated they need a new jail facility at the proposed new location right now, for many reasons. Chris Freeman stated he is a corrections officer in the current jail. They need a new jail for the safety of everyone in the jail. Increase the size to house the inmates safely. Brian Heinrich, Bellingham Mayor's Office, referenced the jail facilities use agreement and stated three important points in the agreement are that the new facility includes medical beds, the advisory board, and the expanded use of greater incarceration alternatives. John Mutchler, Ferndale Mayor, stated he supports the current proposals for a new jail facility for the safety of the community. The proposed jail facility use agreement was a compromise among all the jurisdictions. Nicole Kallin stated she is a corrections officer in the current jail. The current jail is very dangerous. She supports a new jail facility. Roger Schvettke stated he is opposed to the current proposal for a new jail. He supports investment in behavioral health services. Andronetta Douglass stated she supports efforts to reduce jail population and to implement jail diversion efforts. Mike Kaufman stated he does not support the proposed jail and sales tax. The criminal justice and healthcare systems are the most expensive for society. He supports the comments by Joy Gilfilen and the corrections officers. Invest money in fixing the healthcare system. Ray Baribeau referenced the 2011 Jail Planning Task Force and the current Incarceration Prevention and Reduction Task Force. He described similar task forces around the country. They don't know the right jail size. No matter the size built, they will eventually outgrow it. They need a new jail. Charlie Storrs stated people don't need to be locked up at the rate they are in the United States. Reduce the jail population. Wait to get the anticipated reports for more information on data. Jess Barrios, Whatcom County Sheriff's Office Jail Alternative Work Release Program, described the current jail alternative programs in the Sheriff's Office. Don't privatize jail alternatives. He supports the sales tax ballot measure. 263 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Wendy Tarkan stated they can't predict the correct size of the jail. They need help to treat people with behavioral health problems. The current jail is unsafe. Dave Charleston stated he is a former jail work crew supervisor. He agrees with the comments from Ray Baribeau. He supports a new jail. Daron Smith stated he is a corrections officer in the jail. The current jail is unsafe. They need a new facility. They can engage in restorative justice while developing a new jail. He supports a new jail facility and a sales tax ballot issue. Don't keep delaying the problems. Matthew Goggins stated he supports the comments from Mary Kay Robinson. A new jail is necessary. Whatcom County incarcerates fewer than similarly -sized counties. He supports the proposed sales tax ballot measure. Karen Weill stated they need a new jail, but she doesn't agree with the size or location. Tear down and rebuild the current jail. Reduce jail population. Larry Hildes stated the current jail is in terrible shape. There are problems with jail management. The national crime rate is going down. Don't build a larger facility. Keep mental health out of the jail. Keith Fredrikson stated the voters have already spoken. He is opposed to another ballot measure. National crime rates are going down. He is opposed to the proposed new jail. Patrick Alesse stated make it a property tax, not a sales tax. He supports a jail location closer to Bellingham. Caleb Erickson stated he is a Sheriff's Deputy. The work center was never intended for its use. It's too small and the design is ineffective. They need more space to implement new programs and jail alternatives that will benefit the offenders. He supports the proposed ballot measure. Robert Leib stated he is opposed to building a new jail. They don't have data on local needs. Consider improvements in the local criminal justice system. He does not support the proposed sales tax ballot measure. Wendy Harris stated something is wrong with the process. Get the data before making decisions. Follow the proper process. Dan McShane stated the existing facility has had little maintenance in the past 20 years. There needs to be more assurances about funding programs into the future, and that the proposed new jail facility won't undermine services. Kristin Hanna stated the proposal as it is now isn't supportable. Councilmembers represent the citizens of the county. Make a wise choice. Christina (no last name given) stated she does not support a larger jail. Instead, help people improve their lives and stay out of the criminal justice system. 260 Regular County Council Meeting, 6/13/2017, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Dana Douglas stated the bigger problem is systemic and how they deal with criminal justice in the community. Jessie Worland stated a sales tax will disproportionally fall on lower income people. Lindsey McDonald spoke about the opioid epidemic. There need to be more behavioral health treatment services in the community for Medicaid patients. Hearing no one else, Buchanan closed the public hearing. (Clerk's Note: The Council took a 10-minute break at 9:21 p.m.) Councilmembers discussed the result of the previous ballot measure two years ago, making progress to reduce the incarceration rate, creating a safe space for people with mental health problems, finding solutions for behavioral health issues within the healthcare system instead of the criminal justice system, decisions that impact jail size are not up to the County, national incarceration rates, appropriate jail size, a multiple -story jail versus a one-story jail, the proposed sales tax, other funding sources, workplace safety, all the benefits and increased services to offenders that a new jail would provide, and getting more information and data from VERA Institute consultants. Jack Louws, County Executive, spoke about the cost of remodeling the current jail, beginning to contract for work in the existing jail, the possibility of sending County inmates to Yakima, the inability to provide new programs in the existing jail, and that the LaBounty Road property acquisition was done legally and properly. Buchanan stated the next step is to hear from the VERA Institute consultant on July 11, 2017. OPEN SESSION The following people spoke: • Bob Burr spoke about water quality and the proposed Wildwood project. • Mike Kaufman spoke about the Comprehensive Plan and Cherry Point. • Matthew Goggins spoke about Cherry Point and BP operations. • Joy Gilfilen spoke about using the Economic Development Investment (EDI) fund for capital improvements. CONSENT AGENDA Browne reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through four. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None(0) Absent: Donovan (1) 265 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO GRANT A NON- EXCLUSIVE RESIDENTIAL DRIVEWAY EASEMENT ACROSS PARK PROPERTY TO DEWEY AND JANET HUSTON AT 3315 NORTH SHORE DRIVE (AB2017- 188) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE STATE OF WASHINGTON COUNTY ROAD ADMINISTRATION BOARD IN ORDER TO RECEIVE RURAL ARTERIAL PROGRAM (RAP) FUNDING FOR THE EAST SMITH ROAD PAVEMENT REHABILITATION PROJECT, IN THE AMOUNT OF $549,430 (AB2017-189) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERAGENCY AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION TO CONTINUE TO REIMBURSE THE COUNTY FOR UP TO FIFTY PERCENT OF THE PREVIOUS YEAR'S ANNUAL OPERATING DEFICIT INCURRED IN THE OPERATION AND MAINTENANCE OF THE COUNTY FERRY SYSTEM (AB2017-190) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND ADVANCEMENT NORTHWEST TO PROVIDE "PATHWAYS TO EMPLOYMENT" AND "COMMUNITY ACCESS" SERVICES TO ELIGIBLE INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES (AB2017-191) OTHER ITEMS 1. ORDINANCE REPEALING AND REPLACING WHATCOM COUNTY CODE CHAPTER 1.18, COURT FINES AND COSTS (AB2017-181) Browne reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None(0) Absent: Donovan (1) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CREDIT TRANSACTION AGREEMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND LUMMI NATION WETLAND AND HABITAT MITIGATION BANK TO SECURE WETLAND MITIGATION CREDITS TO FULFILL REQUIREMENTS FOR THE HIGH CREEK SEDIMENT MANAGEMENT AND FISH PASSAGE IMPROVEMENT PROJECT, IN THE AMOUNT OF $21,600 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2017-187) Regular County Council Meeting, 6/13/2017, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Browne reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None(0) Absent: Donovan (1) COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES DISCUSSION OF A PROPOSED ORDINANCE ESTABLISHING WHATCOM COUNTY CODE 2.126, CREATING THE WHATCOM COUNTY BUSINESS AND COMMERCE COMMITTEE (AB2017-182) Browne reported for the Finance and Administrative Services Committee and moved to approve the concept and forward to the Port of Bellingham for review. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None(0) Absent: Donovan (1) OTHER ITEMS 3. APPROVAL OF THE DRAFT PUBLIC PARTICIPATION PLAN FOR WHATCOM COUNTY COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENTS (AB2017-192) Weimer reported for the Planning and Development Committee and moved to approve the plan. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, and Weimer (5) Nays: Brenner (1) Absent: Donovan (1) 4. RESOLUTION ACCEPTING A PETITION TO CREATE THE LUMMI ISLAND PARK AND RECREATION DISTRICT AND SET A DATE FOR PUBLIC HEARING ON THE PROPOSAL (AB2017-200) Brenner moved to approve the resolution. The motion was seconded The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None(0) 267 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Absent: Donovan (1) COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. APPOINTMENT TO THE NOXIOUS WEED CONTROL BOARD, DISTRICT 4, APPLICANT: ALEXANDER VONDRELL (AB2017-186) Brenner moved to appoint Alexander Vondrell. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None(0) Absent: Donovan (1) 268 Regular County Council Meeting, 6/13/2017, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS TO THE WHATCOM COUNTY PUBLIC DEFENSE ADVISORY COMMITTEE (AB2017- 193) Mann moved to confirm the appointments. The motion was seconded The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None(0) Absent: Donovan (1) INTRODUCTION ITEMS Weimer moved to accept Introduction Items one through six. Mann withdrew item one. The motion was seconded The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None(0) Absent: Donovan (1) 1. ORDINANCE PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE COUNTY A PROPOSITION AUTHORIZING A LOCAL SALES AND USE TAX OF TWO -TENTHS OF ONE PERCENT FOR THE PURPOSE OF PROVIDING FUNDS FOR COSTS ASSOCIATED WITH FINANCING, CONSTRUCTION, MAINTENANCE AND OPERATION OF JAIL FACILITIES, AND FOR ADULT CORRECTIONS PROGRAMS, INCLUDING MEDICAL AND BEHAVIORAL HEALTH FACILITIES AND PROGRAMS, AND FOR OTHER PUBLIC SAFETY PURPOSES, ALL PURSUANT TO RCW 82.14.450 (AB2017-194) Brenner moved to accept the Introduction Item, but hold discussion until after the presentation from the VERA Institute consultants on July 11, 2017. The motion was seconded. Councilmembers discussed not making decisions until they've had input from the public, City of Bellingham, and the VERA Institute consultant and the timing of this item with other related items. Brenner withdrew her motion to accept the Introduction Item. Browne moved to hold in Council for two weeks. 269 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The motion was seconded. The motion carried by the following vote: Ayes: Mann, Brenner, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None(0) Absent: Donovan (1) 2. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 ZONING AND THE WHATCOM COUNTY COMPREHENSIVE PLAN RELATING TO CUMULATIVE IMPERVIOUS SURFACE COVERAGE STANDARDS (AB2017-195) 3. ORDINANCE ESTABLISHING THE SPEED LIMIT ON A PORTION OF NORTH SHORE ROAD (AB2017-196) 4. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, SIXTH REQUEST, IN THE AMOUNT OF $572,516 (AB2017-197) S. ORDINANCE CLOSING THE 2015 CENTRAL PLAZA IMPROVEMENT FUND 360 (AB2017-198) 6. RESOLUTION AMENDING THE 2017 FLOOD CONTROL ZONE DISTRICT AND SUBZONES BUDGET, THIRD REQUEST, IN THE AMOUNT OF $15,000 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2017-199) COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES Buchanan reported for the Special Committee of the Whole. Browne reported for the Finance and Administrative Services Committee. DISCUSSION WITH PUBLIC WORKS STAFF REGARDING A POTENTIAL PROPERTY ACQUISITION FOR FLOOD CONTROL ZONE DISTRICT PURPOSES (AB2017-018) Buchanan reported for Committee of the Whole. He moved to authorize the County Executive, acting on behalf of the Whatcom County Flood Control Zone District Board of Supervisors, to execute an option agreement for the property discussed in executive session. The motion was seconded. The motion carried by the following vote: Ayes: Mann, Brenner, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None(0) Absent: Donovan (1) Brenner reported for the Public Works, Health, and Safety Committee. Regular County Council Meeting, 6/13/2017, Page it 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 Weimer reported for the Planning and Development Committee. DISCUSSION CONCERNING REQUESTING THE PROSECUTOR MOVE FORWARD WITH SPECIAL COUNSEL FOR REVIEWING THE COUNCIL'S LEGAL AUTHORITY AND POLICY OPTIONS RELATED TO LIMITING FOSSIL FUEL EXPORTS (AB2017-201) Weimer reported for the Planning and Development Committee and moved to ask the Prosecutor to move forward as soon as possible with the contract necessary for the implementation of the study called for in new Comprehensive Plan Policy 2CC-16. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, and Weimer (5) Nays: Brenner (1) Absent: Donovan (1) Councilmembers gave updates on recent activities and upcoming events. ADJOURN The meeting adjourned at 10:44 p.m. The County Council approved these minutes on September 26, 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 271 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Special Committee of the Whole June 27, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 9:34 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: None. COMMITTEE DISCUSSION 1. CONTINUATION OF COUNCIL'S REVIEW OF THE 2016 CRITICAL AREAS ORDINANCE UPDATE (AB2016-276K) REVIEW OF CERTAIN QUESTIONS, COMMENTS, AND SUGGESTIONS BY STAFF AND COUNCILMEMBERS RELATED TO: ARTICLE 5 — CRITICAL AQUIFER RECHARGE AREAS; ARTICLE 8 — CONSERVATION PROGRAM ON AGRICULTURE LANDS, AND; ARTICLE 9 — DEFINITIONS The following staff answered questions: • Cliff Strong, Planning and Development Services Department • Ryan Ericson, Planning and Development Services Department • George Boggs, Whatcom Conservation District Brenner moved for staff reports to list proposed amendments in numerical order by issue number. Councilmembers discussed the format in which the proposed amendments are presented in the staff report. Brenner withdrew the motion. Brenner moved to amend 16.16.830(B)(1), "Only on eeg agricultural land where such activities are a demonstrated to be an integral essential part of the e�gei g agricultural use or part of...." The motion was seconded. Councilmembers discussed problems when farmers can't engage in farming continuously due to unavoidable circumstances, who would determine whether an Ko Special Committee of the Whole, 6/27/2017, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 agricultural use is legal, applying this section only to lands in the (CPAL) program, and how to determine if a farm has lost its legal ability to farm. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) Browne moved to amend 16.16.830(B), "A conservation farm plan shall net fffay autheFize may recommend filling, draining, grading, or clearing ... 1. "Gfl4-f Except on engeing agricultural land with a history of legal agricultural uses and where such activities are a demonstrated essential part of the ongoing agricultural use or part of...." The motion was seconded. Councilmembers discussed the need for a definition of the history of legal agricultural uses to be consistent with State and federal guidelines. Browne moved to hold the motion in committee. The motion to hold was seconded. The motion to hold carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Brenner moved to amend 16.16.830(C), "A conservation farm plan shall ne Sze may recommend...." The motion was seconded. Councilmembers discussed changing the language throughout from "shall not authorize" to "may recommend." The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Mann, Browne, Buchanan, Weimer and Donovan (5) Brenner moved to amend 16.16.840(A)(1)(a), "Where structures exist in critical areas or buffers and cannot be relocated, corrective measures must be taken if necessary to avoid runoff of pollutants and bacteria to critical areas." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6) Nays: Browne (1) 273 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Councilmembers discussed the recommendation of the Technical Advisory Committee to mitigate for temperature changes. Brenner moved to amend 16.16.840(A)(1), "b. Along regulated streams}, lakes, ponds, or wetlands: i. Where trees and shrubs already exist, they shall be Fe ained aHE1 managed to preserve the existing functions of the buffer pursuant to the NRCS Conservation Practice 391, Riparian Forest Buffer"...} definition of a stream. See AFt+e+e9, De#inition Councilmembers discussed whether the owner is restricted from getting rid of invasive vegetation and amending the definition of trees and shrubs, which should not include invasive species. The motion failed by the following vote: Ayes: Brenner, Sidhu, and Buchanan (3) Nays: Weimer, Browne, and Donovan (3) Absent: Mann (out of the room)(1) Weimer stated there are hundreds of farms for which they don't have information on what they're doing. He's satisfied with the staff's answer on surface water runoff from these areas. Brenner moved to amend 16.16.840(A)(5), "Existing native vegetation within critical areas and their buffers shall be retained to the extent practicable." The motion was seconded. Councilmembers discussed whether vegetation can be changed and replaced when necessary. The motion failed by the following vote: Ayes: Brenner and Sidhu (2) Nays: Browne, Buchanan, Weimer and Donovan (4) Absent: Mann (out of the room)(1) Weimer moved to amend 16.16.840, "A. ...designed to assess risk to protect water quality ... 7. Fertilizers Other Than Manure. The rate and timing of fertilizer application shall not exceed crop requirements or cause surface or groundwater quality degradation." The motion was seconded. Councilmembers discussed the possibility of unpredictable weather that could cause temporary problems and risk assessment as part of the plan. Brenner moved to amend the motion, "s4a-1+ should." The motion was not seconded. The motion carried by the following vote: Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5) Nays: Brenner (1) " Special Committee of the Whole, 6/27/2017, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Absent: Mann (out of the room)(1) Weimer moved to amend 16.16.840(B)(2), "Benchmark conditions are to be captured and described in the plan, except for critical area aquifers." The motion was seconded. Councilmembers discussed the lack of a benchmarking effort for groundwater issues, the need for groundwater benchmarks for a farm plan, and the farm plan relationship regarding protection of CARAs and of the status of the groundwater. Weimer withdrew his motion. Councilmembers discussed whether there are exceptions to Title 180 or sections that allow different options. Brenner moved to amend 16.16.840(B)(3). "Except for impacts allowed by this Title, wetlands Wetlands shall be conserved pursuant to the provisions of Title 180...." Councilmembers discussed whether anything is allowed elsewhere in the Title, the Conservation District methodology for preparing farm plans, grandfathering wetlands converted to agriculture before 1985 to protect agriculture, and whether the existing language has clarity. The motion was seconded. Browne moved to call the question. The motion to call the question was seconded. The motion to call the question carried by the following vote: Ayes: Sidhu, Browne, Buchanan, and Weimer (4) Nays: Brenner and Donovan (2) Absent: Mann (out of the room)(1) The motion to amend failed by the following vote: Ayes: Brenner (1) Nays: Sidhu, Browne, Buchanan, Weimer and Donovan (5) Absent: Mann (out of the room)(1) Brenner moved to amend 16.16.840(B)(5), "Where potential significant impacts to critical areas are identified through a risk assessment, then plans shall be prepared to mitigate and/or prevent same by: ... d. —Developing a plan to mitigate and/or prevent any identified risks; and." The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 275 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Nays: None(0) Absent: Mann (out of the room)(1) Brenner moved to amend Table 1 to allow a qualified consultant to prepare farm plans for Type 2 and 3 operations. The motion was seconded. Councilmembers discussed requirements to be a planning advisor to do Type 2 and 3 operations compared to the requirements of a qualified consultant. Browne moved to call the question. The motion was seconded. KO Special Committee of the Whole, 6/27/2017, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 The motion to call the question carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, and Weimer (5) Nays: Brenner and Donovan (2) The motion to amend failed by the following vote: Ayes: Brenner (1) Nays: Mann, Sidhu, Browne, Buchanan, and Weimer (5) Abstains: Donovan (1) Councilmembers discussed companies that do global gap certification for farmers and consolidating the plan where possible. Weimer referenced the staff report and stated he has no more questions on monitoring and compliance. Councilmembers discussed adding definitions for "monitoring" and "qualified consultant." Brenner moved to define "monitoring" in terms of the CPAL program. The motion was seconded. (Clerk's Note: This motion was not voted on.) OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 10:59 a.m. The Council approved these minutes on September 26, 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 277 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole June 27, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 1:30 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Rud Browne, Barry Buchanan, Ken Mann, Todd Donovan and Carl Weimer Absent: Satpal Sidhu COMMITTEE DISCUSSION I. DISCUSSION WITH CHIEF CIVIL DEPUTY PROSECUTOR DANIEL GIBSON REGARDING TWO CASES INVOLVING POTENTIAL EXERCISE OF EMINENT DOMAIN (AB2017-018) Attorney Present: Daniel Gibson Buchanan stated that discussion of agenda item one may take place in executive session pursuant to RCW42.30.110 (1)(i). Executive session will conclude no later than 2:15 p.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Browne moved to go into executive session until no later than 2:15 p.m. to discuss the agenda item pursuant to RCW citations as announced by the Council Chair. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Browne, Buchanan, Mann, Donovan and Weimer (6) Nays: None (0) Absent: Sidhu (1) At 2:15 p.m., Buchanan announced that the meeting is extended to no later than 2:30 p.m. OTHER BUSINESS ADJOURN The meeting adjourned at 2:30 p.m. The Council approved these minutes on September 26, 2017. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON 238 Committee of the Whole, 6/27/2017, Page 1 1 Dana Brown -Davis, Council Clerk Barry Buchanan, Council Chair 2 5 Jill Nixon, Minutes Transcription 279 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Special Committee of the Whole June 27, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 2:35 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: None. COMMITTEE DISCUSSION 1. DISCUSSION OF A LETTER RECEIVED FROM THE CITY OF BELLINGHAM REGARDING THE PROPOSED NEW WHATCOM COUNTY JAIL (AB2017-185B) Scott Korthuis, Lynden Mayor, spoke on behalf of the small city mayors and stated they support the proposed jail facility financial use agreement (JFFUA). Put the jail funding request to the voters. Mike Lilliquist, Bellingham City Council President, referenced the letter from the City Council beginning on packet page 275 and stated the City Council has many concerns and would like the focus to be on how to reduce incarceration and recidivism. He read through and addressed the concerns described in the letter. Commit to funding jail alternatives recommended by the Incarceration Prevention and Reduction Task Force and the VERA Institute consultants. Councilmembers and Lilliquist spoke about: • The Incarceration Prevention & Reduction Task Force Phase 3 report is not due until after the November election. • Creating an interlocal agreement among the County and small cities to commit to funding the IPRTF and VERA Institute recommendations and other jail reduction efforts. • Crediting the County for past commitments to prioritize behavioral health and other medical issues, such as the mental health tax. • The specificity of the JFFUA as a requirement for the bond market. • Whether the County is doing enough work on jail diversion programs. • Whether the best location is at the LaBounty Road location or downtown. Special Committee of the Whole (PM), 6/27/2017, Page 1 1 Browne submitted and spoke about a substitute ordinance submitting the proposition 2 to the County voters (on file). 3 281 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Councilmembers continued to discuss the following items: • Options for funding behavioral health and jail alternative programs • All the factors that impact jail population and over which the County has no control • The features they need in a new jail • Jail operating costs • The appropriate jail site Lilliquist spoke about the substitute ordinance submitting the proposition to the County voters from Councilmember Browne. The following staff answered questions: • Jack Louws, County Executive • Tyler Schroeder, Executive's Office Councilmembers continued to discuss the timing for adopting the JFFUA and the ordinance approving the ballot proposition, Councilmember Browne's draft response to the City Council's letter, and the possibility of scheduling a special joint meeting of the Bellingham City Council and County Council. John Mutchler, Ferndale Mayor, spoke about the City of Ferndale's challenges with the County jail and his support of the JFFUA and a proposed new jail. Councilmembers continued to discuss prevention efforts, committing to behavioral health funding in a separate agreement outside of the JFFUA, and the County's annual contribution. Joy Gilfilen spoke about options if the voters don't approve the ballot proposition and taking people out of the criminal justice system. Implement alternatives and then evaluate results before building a new jail. Browne moved to introduce the substitute ordinance at the evening meeting. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, and Weimer (5) Nays: Mann and Donovan (2) Forrest Longman, Council Legislative Analyst, spoke about what to expect from the VERA Institute consultants on July 11. They will not suggest an appropriate jail capacity. They will provide initial analysis on jail use and provide some early review of basic policy options that may have an impact on the jail. OTHER BUSINESS There was no other business. KW Special Committee of the Whole (PM), 6/27/2017, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ADJOURN The meeting adjourned at 4:02 p.m. The Council approved these minutes on September 26, 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 283 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council Meeting June 27, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: None. FLAG SALUTE ANNOUNCEMENTS MINUTES CONSENT Brenner moved to approve Minutes Consent items one and two. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 1. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 30, 2017 2. REGULAR COUNTY COUNCIL FOR MAY 30, 2017 PUBLIC HEARINGS 1. ORDINANCE ESTABLISHING THE SPEED LIMIT ON A PORTION OF NORTH SHORE ROAD (AB2017-196) Joe Rutan, Public Works Department, gave a staff report on the ordinance and answered councilmember questions about other options and locations. Buchanan opened the public hearing, and the following people spoke: W Regular County Council Meeting, 6/27/2017, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 John Campbell stated road signs are necessary for people who are unfamiliar with the road. He supports speed reduction to 35 miles per hour and considering other improvements in the future. Hearing no one else, Buchanan closed the public hearing. Browne moved to adopt the ordinance. The motion was seconded. Councilmembers spoke about whether changing speed limits will change behavior, having several different speed limits on one road, and an error in the ordinance that indicates the change is to 30 miles per hour, not 35 miles per hour. Rutan stated the staff proposes the speed limit be changed to 35 miles per hour. He will resubmit a corrected ordinance to the Council. Karen Frakes, Prosecuting Attorney's Office, stated that although speed limit in the ordinance is a typo, the public notice advertised the ordinance changing the speed limit to 30 miles per hour, not 35 miles per hour. Browne withdrew his motion to adopt. OPEN SESSION The following people spoke: • Leslie Honcoop spoke about the critical areas review and agriculture. Councilmembers discussed farm plans that address parts of the critical areas ordinance. • Ladd Shumway spoke about whether the 4H and Future Farmers of America (FFA) kids could be exempt from the farm plan requirement and allowing small farmers with training to do their own farm plan. Councilmembers discussed farm plan requirements. • Robert Wilson spoke about the impact of the Hirst decision on his property. • Lindsey Eldred spoke about a possible critical areas ordinance requirement of the 4H and FFA kids to have a farm plan. • Larry Helm, Conservation District Chair, whether the 4H and Future Farmers of America (FFA) kids could be exempt from the farm plan requirement and needing more staff to complete all the pending farm plans. • Theresa Sygitowicz, Whatcom County Cattlemen's Association Board Member, submitted and read from a handout (on file) regarding agriculture and the critical areas ordinance. • Amy Glasser spoke about a proposed new sales tax to pay for a new jail. • Joy Gilfilen spoke about a proposed new sales tax to pay for a new jail and the excessive cost of incarceration. 285 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. • Amy Malone spoke about a proposed new sales tax to pay for a new jail and the possibility of the County seat moving to Ferndale. • Patrick Alesse spoke about farmers and farm plan requirements. • Mary Kay Robinson spoke about the proposed new jail. • Max Perry spoke about the proposed new jail. • Kristen Hanna spoke about the proposed new jail. • Carole Perry spoke about the critical areas ordinance CONSENT AGENDA Browne reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through six. Browne withdrew item six. Brenner withdrew item five. The motion to approve Consent Agenda items one through four carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WORK OPPORTUNITIES TO PROVIDE "PATHWAYS TO EMPLOYMENT" AND "COMMUNITY ACCESS" SERVICES TO ELIGIBLE INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES (AB2017-206) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND KULSHAN SUPPORTED EMPLOYMENT TO PROVIDE "PATHWAYS TO EMPLOYMENT" AND "COMMUNITY ACCESS" SERVICES TO ELIGIBLE INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES (AB2017-207) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND CASCADE CONNECTIONS TO PROVIDE "PATHWAYS TO EMPLOYMENT" AND "COMMUNITY ACCESS" SERVICES TO ELIGIBLE INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES (AB2017-208) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL TO FUND ONE FULL-TIME PROFESSIONAL ON THE OPPORTUNITY COUNCIL'S HOMELESS OUTREACH TEAM TO CONTACT AND ACT AS CARE COORDINATOR FOR INDIVIDUALS WHO ARE READY TO ENGAGE IN TREATMENT AND PROVIDE SUPPORT SERVICES TO PEOPLE WITH OPIATE AND SUBSTANCE USE DISORDERS WHO REQUIRE A LENGTHIER ENGAGEMENT PROCESS, IN THE AMOUNT OF $51,000 (AB2017-209) Regular County Council Meeting, 6/27/2017, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND WHATCOM CONSERVATION DISTRICT FOR THE LAKE WHATCOM HOMEOWNER INCENTIVE PROGRAM TO MODIFY THE SCOPE OF WORK AND EXTEND THE TERM OF THE AGREEMENT, IN THE AMOUNT OF $221,794, FOR A TOTAL AMENDED CONTRACT AMOUNT OF $271,794 (AB2017-210) Browne reported for the Finance and Administrative Services Committee and moved to approve the request. Councilmembers discussed whether it's appropriate to fund the program from the flood tax. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: Brenner (1) 6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM TO COORDINATE THE DESIGN AND COST SHARING OF THE WEST HORTON ROAD EXTENSION, IN THE AMOUNT OF $156,070 (AB2017- 211) Browne reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6) Nays: None(0) Abstains: Browne (1) OTHER ITEMS 1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, SIXTH REQUEST, IN THE AMOUNT OF $572,516 (AB2017-197) Browne reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 2. ORDINANCE CLOSING THE 2015 CENTRAL PLAZA IMPROVEMENT FUND 360 (AB2017-198) Browne reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. 287 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 3. RESOLUTION AMENDING THE 2017 FLOOD CONTROL ZONE DISTRICT AND SUBZONES BUDGET, THIRD REQUEST, IN THE AMOUNT OF $15,000 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2017-199) Browne reported for the Finance and Administrative Services Committee and moved to approve the resolution. fund. Councilmembers discussed whether it's appropriate to pay this cost from the flood The motion failed by the following vote: Ayes: Mann and Sidhu (2) Nays: Brenner, Donovan, Browne, Buchanan, and Weimer (5) Jack Louws, County Executive, suggested that the Council reintroduce with payment from the general fund instead of the flood fund. 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND WHATCOM CONSERVATION DISTRICT TO SUPPORT THE POLLUTION IDENTIFICATION AND CORRECTION PROGRAM, IN THE AMOUNT OF $353,366 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2017-205) Browne reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES I. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S RE -APPOINTMENTS OF JANA FINKBONNER AND JODI SIPES TO THE NORTHWEST SENIOR SERVICES BOARD (AB2017-212) Brenner moved to confirm the appointments. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 298 Regular County Council Meeting, 6/27/2017, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF SHARI ROBINSON TO THE WHATCOM COUNTY PUBLIC HEALTH ADVISORY BOARD (AB2017-213) Brenner moved to confirm the appointment. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 3. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF RAMONA ABBOTT TO THE WHATCOM COUNTY ETHICS COMMISSION (AB2017-214) Donovan moved to confirm the appointment. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) INTRODUCTION ITEMS Browne withdrew item three. Mann moved to add the request authorization for the County Executive to enter into a contract between Whatcom County Flood Control Zone District and Whatcom Conservation District to support the Pollution Identification and Correction Program, in the amount of $353,366 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) (AB2017-205), but funded from the general fund, as item five on the list of Introduction Items. The motion to add was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) Sidhu moved to accept Introduction Items one, two, four, and five. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) i• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 1. RESOLUTION VACATING A PORTION OF CHETS ROAD (AB2017-215) 2. ORDINANCE GRANTING MOBILITIE, LLC, A NON-EXCLUSIVE FRANCHISE FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES (AB2017-216) 3. ORDINANCE PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE COUNTY A PROPOSITION AUTHORIZING A LOCAL SALES AND USE TAX OF TWO -TENTHS OF ONE PERCENT FOR THE PURPOSE OF PROVIDING FUNDS FOR COSTS ASSOCIATED WITH FINANCING, CONSTRUCTION, MAINTENANCE AND OPERATION OF ]AIL FACILITIES, AND FOR ADULT CORRECTIONS PROGRAMS, INCLUDING MEDICAL AND BEHAVIORAL HEALTH FACILITIES AND PROGRAMS, AND FOR OTHER PUBLIC SAFETY PURPOSES, ALL PURSUANT TO RCW 82.14.450 (AB2017-194) Browne moved to introduce a substitute version. Sidhu suggested a friendly amendment to amend line 37 on page 2, "...years, and is expected to shall last until repayment...." Browne accepted the friendly amendment. Sidhu suggested a friendly amendment to add '...associated with financing, construction, maintenance,...." to the ballot title. Jack Louws, County Executive, stated he will have the Prosecuting Attorney consider whether they need to add the cost of financing to the ballot title. Browne accepted the friendly amendment. The motion as amended was seconded. Councilmembers discussed whether or not they support the ordinance, reasons the request didn't pass the voters a few years ago, the progress the County has made on the proposal since the previous ballot measure, the benefits of a sales tax over property tax, whether the Council should decide on behalf of the voters, whether or not they can fix the existing jail, the ability to expand services with a new jail facility, unfunded mandates, and whether the La Bounty Road location is or isn't convenient. 4. The motion to introduce the amended substitute carried by the following vote: Ayes: Brenner, Sidhu, Browne, and Weimer (4) Nays: Donovan, Buchanan, and Mann (3) RECEIPT OF APPLICATIONS FOR THE COMMISSION, PARTIAL DISTRICT 3, APPLICANTS PLANNING COMMISSION SERVICES DEPARTMENT I HELPING TO PREPARE AND RECOMMENDATIONS FOR N WHATCOM COUNTY PLANNING TERM ENDING 1/31/2019, REPRESENTING JOHN CAMPBELL AND KELLY KRIEGER (THE ASSISTS THE PLANNING AND DEVELOPMENT CARRYING OUT ITS DUTIES, WHICH INCLUDE EXECUTE THE COMPREHENSIVE PLAN AND MAKE ADOPTION OF OFFICIAL CONTROLS AND/OR Regular County Council Meeting, 6/27/2017, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 AMENDMENTS) (APPLICATION DEADLINE FOR ANY OTHER APPLICANTS TO THIS VACANCY IS 10 A.M. ON JUNE 30, 2017) (AB2017-204) 5. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET IN THE AMOUNT OF $15,000 (AB2017-199A) COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES Buchanan reported for the Special Committee of the Whole meetings. Buchanan reported for the Committee of the Whole meeting on the discussion with Chief Civil Deputy Prosecutor Daniel Gibson regarding two cases involving potential exercise of eminent domain (AB2017-018) in executive session. Browne moved to request the that the Prosecutor's Office provide the Council with an update in executive session on pending and potential jail -related litigation. Karen Frakes, Prosecuting Attorney's Office, answered questions on whether a motion and vote is necessary to make the request of the Prosecutor. The motion was seconded. The motion carried by the following vote: Ayes: Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Abstains: Brenner (1) Councilmembers discussed potential upcoming agenda items regarding immigration enforcement and informing staff of critical areas ordinance requirements of 4H and FFA kids. Councilmembers also gave updates on recent activities and upcoming events. ADJOURN The meeting adjourned at 9:05 p.m. The County Council approved these minutes on September 26, 2017. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 291 1 2 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Jill Nixon, Minutes Transcription Regular County Council Meeting, 6/27/2017, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHATCOM COUNTY COUNCIL Special Committee of the Whole July 11, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 9:30 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd Donovan, and Barry Buchanan. Absent: Rud Browne The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Browne (1) COMMITTEE DISCUSSION 1. CONTINUATION OF COUNCIL'S REVIEW OF THE 2016 CRITICAL AREAS ORDINANCE UPDATE (AB2016-276K) REVIEW OF CERTAIN QUESTIONS, COMMENTS, AND SUGGESTIONS BY STAFF AND COUNCILMEMBERS RELATED TO: ARTICLE 5 — CRITICAL AQUIFER RECHARGE AREAS, ARTICLE 8 — CONSERVATION PROGRAM ON AGRICULTURE LANDS, AND ARTICLE 9 — DEFINITIONS The following staff answered questions: • Cliff Strong, Planning and Development Services Department • George Boggs, Conservation District • Mark Personius, Planning and Development Services Department Councilmembers and staff discussed whether self -certification is appropriate for Type 2 and Type 3 farm plans. Brenner moved to amend 16.16.860(A), "A. The technical administrator ... for Type 1 conservation farm plans or if the for any plan that is prepared by...." The motion was seconded. The motion failed by the following vote: Ayes: Brenner (1) Nays: Mann, Sidhu, Buchanan, Weimer and Donovan (5) Absent: Browne (1) 293 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner moved to amend to create a definition for "imminent threat" as shown in section 16.16.860(B), "...believe that there is an imminent threat to public health...." The motion was seconded. Councilmembers discussed section 16.16.860(B) and defining imminent threat. Weimer moved to call the question. The motion was seconded. The motion to call the question carried by the following vote: Ayes: Mann, Sidhu, Buchanan, Weimer and Donovan (5) Nays: Brenner (1) Absent: Browne (1) The motion to amend failed by the following vote: Ayes: Brenner (1) Nays: Mann, Sidhu, Buchanan, Weimer and Donovan (5) Absent: Browne (1) Brenner moved to amend 16.16.860(D), "Agricultural operations shall cease to be in compliance with this Article, and a new or revised conservation farm plan will be required when the technical administrator determines with detailed written findings that any of the following has occurred: ... 3. When substantial changes ... b. Result either in an increased e direct discharge or substantial potential discharge of pollution to surface or ground water, or...." The motion was seconded. Councilmembers and staff discussed the level of detail in written findings if requested by an applicant. Strong stated section .254 defines detailed written findings, and it covers everything. Brenner withdrew the motion. Weimer described his questions regarding public disclosure of farm plans. He would like certain information public to give the Council, the public, and Planning staff a sense of whether they're making progress in closing the gap between 100 and 1,500 farm plans. He moved to amend 16.16.870(B), "Provided, that the County will collect summary information related to the address and parcel numbers of a farming enterprise covered by the farm plan, the nature of the farming activity af�d the specific best management practices to be implemented during the conservation farm plan review process, the number of acres included, and the date of the last compliance review. This information, along with a map that shows parcels covered by approved farm plans, will be made easily and publicly available on the county's website. The summary information shall be provided...." KZI Special Committee of the Whole (AM), 7/11/2017, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 The motion was seconded. Councilmembers and staff discussed what information can be released to the public, how to measure the County's progress in creating farm plans for farmers, and allowing staff to propose alternative language. Brenner moved to hold in Committee so staff can propose alternate language. The motion to hold was seconded. The motion to hold in Committee carried by the following vote: Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Browne (1) Strong stated the term "actively farmed" is not used and they may delete the definition. Brenner moved to amend 16.16.900 and delete the definition of "actively farmed." The motion was seconded. The motion to hold in Committee carried by the following vote: Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Browne (1) Brenner moved to amend 16.16.900, to amend the definition of "Agricultural activities, ...or improved areas. Ne,t-r�Te eensti=uetien ef new—stFuetuFes—tea,=-a-e��es Councilmembers and staff discussed how the Conservation Program on Agriculture Lands (CPAL) program was developed for ongoing agriculture; whether or not they should continue to delete the term "ongoing" throughout the program, which would make it applicable to all agriculture and which was never the intent of the program; and allowing staff to propose alternative language that is clearer. Brenner amended her motion and moved to hold in Committee to allow staff to propose alternative language. The motion to hold was seconded. The motion to hold in Committee carried by the following vote: Ayes: Brenner, Mann, Sidhu, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Browne (1) 295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Councilmembers discussed changing "aquifer susceptibility" and "aquifer vulnerability" to one definition that uses both terms. Brenner moved to hold in Committee to get clarification from State law. The motion to hold in Committee was seconded. The motion to amend failed by the following vote: Ayes: Brenner (1) Nays: Mann, Sidhu, Buchanan, Weimer and Donovan (5) Absent: Browne (1) Brenner moved to combine the definitions of "aquifer susceptibility" and "aquifer vulnerability" to one definition that uses both terms. The motion was seconded. The motion to amend failed by the following vote: Ayes: Brenner (1) Nays: Mann, Sidhu, Buchanan, Weimer and Donovan (5) Absent: Browne (1) Brenner moved to delete the definition of "cumulative impact." The motion was seconded. Councilmembers and staff discussed how this is part of the Shoreline Management Plan and the State Environmental Policy Act (SEPA). The motion to amend failed by the following vote: Ayes: Brenner (1) Nays: Mann, Sidhu, Buchanan, Weimer and Donovan (5) Absent: Browne (1) Brenner moved to amend the definition of "Geologically hazardous areas," IN ... or other geological events are may not be suited to the siting of...." The motion was seconded. Councilmembers discussed whether the amended language would limit or expand the power of the decision -makers and the definition being from the Revised Code of Washington (RCW). The motion to amend failed by the following vote: Ayes: Brenner and Donovan (2) Nays: Mann, Sidhu, Buchanan, and Weimer (4) Absent: Browne (1) Special Committee of the Whole (AM), 7/11/2017, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Brenner stated she doesn't like the definition of "ongoing agriculture" and would like to hold this proposed amendment with the other amendments regarding ongoing agriculture. Councilmembers asked staff to provide a summary of all the Council's changes about the CPAL program and ongoing agriculture. Councilmembers discussed the square footage in the "reasonable use" definition, which has been moved to the Reasonable Use section and about the baseline data to know whether the critical areas ordinance is working to protect critical areas. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 10:55 a.m. The Council approved these minutes on September 26, 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 297 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Special Committee of the Whole July 11, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 1:30 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: None. COMMITTEE DISCUSSION — COUNCIL CHAMBERS 1. PRESENTATION FROM VERA INSTITUTE ON PRELIMINARY DATA ANALYSIS AND RECOMMENDATIONS (AB2017-203) The following VERA Institute for Justice consultants presented and read from a presentation (on file): • Liz Swavola, Senior Program Associate • Kristi Riley, Program Associate • Stephen Roberts, Senior Research Associate The consultants answered questions: • How the Council, compared to the courts and prosecutor, can influence changes to the population • The number of admissions by race • How many holds in other jurisdictions are residents of Whatcom County • Excluding information on holds from other jurisdiction, because those policies are decided by other jurisdictions • Risk assessment criteria • Reviewing data on people who are waiting to serve their sentence, but can't due to overcrowding • Lack of pretrial services • Enhanced jail facilities, such as programming areas and mental health beds • The impact of the consultant reports on the ballot measure to increase sales tax to fund a new jail • Whether or not they are proposing a "mega -jail" • Pre-trial versus post -sentencing data • Collecting better data • The future of incarceration technology 288 Special Committee of the Whole (PM), 7/11/2017, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Jeff Parks, Whatcom County Sheriff's Office, referenced an email to Council dated today and stated the Sheriff's staff is working with the consultants on certain topics to refine the information presented by the consultants in their memo. 2. PRESENTATION OF INITIAL PHASE III REPORT OF THE INCARCERATION PREVENTION AND REDUCTION TASK FORCE (AB2017-202) Jack Hovenier, Incarceration Prevention and Reduction Task Force Co -Chair, spoke about the mission of the Task Force and how well it's functioned in the two years since it was formed. He reported on the Triage Facility Subcommittee of the full Task Force. Jill Bernstein, Incarceration Prevention and Reduction Task Force Co -Chair, continued the presentation. She spoke about the benefits of having the VERA consultants to do data analysis and map the system, collecting better data, and how the County Council can impact jail population through policy changes. She reported on the work of the Legal and Justice Systems and the Behavioral Health Subcommittees. She answered questions about alternatives to bail. Anne Deacon, Health Department, answered questions about funding for operation of the triage facility. Councilmembers thanked the Task Force members for their excellent work. DISCUSSION AND RECOMMENDATION TO COUNCIL — COUNCIL CHAMBERS 1. DISCUSSION AND RECOMMENDATION ON A DRAFT MEMORANDUM OF AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM REGARDING COMMITMENT TO INCARCERATION REDUCTION AND PREVENTION (AB2017-194A) Tyler Schroeder, County Executive's Office, referenced and gave a staff report on a substitute memorandum of agreement (MOA). The Bellingham City Council approved the MOA unanimously. Browne moved to recommend approval of the substitute to the full Council. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) COMMITTEE DISCUSSION — COUNCIL CONFERENCE ROOM 1. UPDATE FROM LEGAL COUNSEL ON PENDING AND POTENTIAL JAIL - RELATED LITIGATION (AB2017-018) Buchanan stated that discussion of this agenda item may take place in executive session pursuant to RCW42.30.110 (1)(i). Executive session will conclude no later than 299 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 7:00 p.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Browne moved to go into executive session until no later than 7:00 p.m. to discuss the agenda items pursuant to RCW citations as announced by the Council Chair. The motion was seconded. The motion carried by the following vote: Ayes: Sidhu, Brenner, Browne, Buchanan, Mann, Donovan and Weimer (7) Nays: None (0) OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 3:50 p.m. The Council approved these minutes on September 26, 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair Special Committee of the Whole (PM), 7/11/2017, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHATCOM COUNTY COUNCIL Regular County Council Meeting July 11, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Ken Mann, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: None. FLAG SALUTE ANNOUNCEMENTS Buchanan announced there are two vacancies on the Lummi Island Ferry Advisory Committee. MINUTES CONSENT Donovan moved to approve Minutes Consent items one through three. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 1. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 16, 2017 2. REGULAR COUNTY COUNCIL FOR MAY 16, 2017 3. SURFACE WATER WORK SESSION FOR MAY 23, 2017 ANNOUNCEMENTS Browne announced there is no campaigning on County property per Revised Code of Washington (RCW) 42.52.180. 301 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. PUBLIC HEARINGS 1. PUBLIC HEARING ON A PROPOSAL TO CREATE THE LUMMI ISLAND PARK AND RECREATION DISTRICT (PROPOSAL OFFICIALLY RECEIVED BY COUNCIL ON JUNE 13, 2017) (AB2017-200) Buchanan opened the public hearing, and the following people spoke: Steve Clift stated he would like to know about increased police support, emergency services, and accommodations for off -islanders that may be necessary for the park and recreation district. Janice Holms spoke on behalf of volunteers who put together this petition. She described the community outreach they've done for the community. She supports putting this on the November ballot. Hearing no one else, Buchanan closed the public hearing. Buchanan stated no action is necessary at this time. An ordinance will be introduced later in the meeting. 2. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 ZONING AND THE WHATCOM COUNTY COMPREHENSIVE PLAN RELATING TO CUMULATIVE IMPERVIOUS SURFACE COVERAGE STANDARDS (AB2017-195) Gary Davis, Planning and Development Services Department, submitted and read from a presentation (on file) and gave a staff report. He answered questions on the original calculations and whether this is for new development or projects. Buchanan opened the public hearing, and hearing no one, closed the public hearing. Councilmembers discussed the effect of the limit. Weimer moved to refer to the Council's Planning Committee. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Browne, Buchanan, Weimer and Donovan (6) Nays: Sidhu (1) OPEN SESSION The following people spoke: • Christopher Deile spoke about the proposed memorandum of agreement (MOA) regarding commitment to incarceration reduction and prevention (AB2017-194A) and the proposed ordinance submitting to the voters a local sales and use tax (AB2017-194). .•. Regular County Council Meeting, 7/11/2017, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 • Lisa McShane spoke about the proposed ordinance submitting to the voters a local sales and use tax (AB2017-194). • Michael Lilliquist spoke about the proposed ordinance submitting to the voters a local sales and use tax (AB2017-194), the jail financing agreement, and determining an appropriate size for the proposed new jail. • Everett Barton spoke about the membership of the Incarceration Prevention and Reduction Task Force. • Josh Ceretti spoke about a proposed new jail and the proposed ordinance submitting to the voters a local sales and use tax (AB2017-194). • Robert Leed submitted handouts (on file) and spoke about the proposed ordinance submitting to the voters a local sales and use tax (AB2017-194). • Unidentified speaker spoke about the proposed new jail. • Max Perry spoke about the proposed new jail. • Carole Perry spoke about the proposed new jail. • Kristin Hannah spoke about the proposed new jail. • Roger Shetke spoke about the proposed new jail. CONSENT AGENDA Mann reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through four. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #17-41 AND ENTER INTO A CONTRACT WITH LOW BIDDER FOSS MARITIME COMPANY FOR THE ANNUAL DRYDOCKING, REPAIR, AND MAINTENANCE OF THE WHATCOM CHIEF FERRY, IN THE AMOUNT OF $446,251.64 (AB2017- 217) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND SERVICE ALTERNATIVES, INC. TO PROVIDE "PATHWAYS TO EMPLOYMENT" AND "COMMUNITY ACCESS" SERVICES TO ELIGIBLE INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES (AB2017-218) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE ARC OF WHATCOM COUNTY TO PROVIDE "INFORMATION, EDUCATION AND FAMILY SUPPORT" TO INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES, THEIR FAMILY MEMBERS, AND THE GENERAL PUBLIC, IN THE AMOUNT OF $134,669 (AB2017-219) 303 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND VAN NESS FELDMAN, LLP TO CONTINUE TO PROVIDE ON -CALL LEGAL SERVICES RELATING TO ACCOMMODATING THE WASHINGTON SUPREME COURT'S DECISION IN WHATCOM COUNTY V. WESTERN WASHINGTON GROWTH MANAGEMENT HEARING BOARD, IN THE AMOUNT OF $15,000, FOR A TOTAL AMENDED AMOUNT OF $50,000 (AB2017-220) OTHER ITEMS 1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, SEVENTH REQUEST, IN THE AMOUNT OF $15,000 (AB2017-199A) Mann reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, and Buchanan (5) Nays: Weimer and Donovan (2) 2. APPROVAL OF A MEMORANDUM OF AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM REGARDING COMMITMENT TO INCARCERATION REDUCTION AND PREVENTION (AB2017-194A) Buchanan reported for the Special Committee of the Whole and moved to approve the substitute Memorandum of Agreement. Michael Lilliquist, Bellingham City Council Member, stated these additional monies would be used to expand existing programs or create new programs. Councilmembers discussed improving the entire justice system, enhancing and creating new behavioral health programs, and all the jurisdictions collaborating on a compromise. Jack Louws, County Executive, answered questions about the amount paid for the La Bounty Road property. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 3. ORDINANCE PROVIDING FOR SUBMISSION TO THE QUALIFIED VOTERS OF THE COUNTY A PROPOSITION AUTHORIZING A LOCAL SALES AND USE TAX OF TWO TENTHS OF ONE PERCENT FOR PUBLIC SAFETY PURPOSES, INCLUDING THE COSTS ASSOCIATED WITH FINANCING, CONSTRUCTION, MAINTENANCE, AND OPERATION OF JAIL FACILITIES, AND INCARCERATION PREVENTION PROGRAMS, INCLUDING MEDICAL AND M1 Regular County Council Meeting, 7/11/2017, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 BEHAVIORAL HEALTH FACILITIES AND PROGRAMS, ALL PURSUANT TO RCW 82.14.450 (AB2017-194) Browne moved to adopt the ordinance. The motion was seconded. Jack Louws, County Executive, answered questions on the difference in cost of the proposed new Whatcom County jail and the new Skagit County jail. Councilmembers discussed ensuring a cost-effective project, an appropriate number of dedicated behavioral health and medical jail beds, whether the jail facilities use agreement among the jurisdictions would have to be amended if they change the jail size, the difference between budgeted costs and actual costs, national policies and trends, whether the question should be given to the voters to decide, saving money through the design and construction phases, problems with the current jail, incorporating programs for therapy animals and gardening at the jail location, reducing the number of pretrial inmates, the City Council vote on this issue, extra expenses if they delay building a new jail, and a different model that puts jail operation and administration under a department of corrections. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, and Weimer (4) Nays: Donovan, Mann, and Buchanan (3) COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. APPOINTMENT TO FILL VACANCY ON THE WHATCOM COUNTY PLANNING COMMISSION REPRESENTING DISTRICT 3, FOR A PARTIAL TERM ENDING 1/31/2019, APPLICANTS: JOHN CAMPBELL, LARRY HELM, KELLY KRIEGER, AND WILLIAM DOMINIC MOCERI (AB2017-204) Donovan moved to consider the late application of George Bock. (Clerk's Note: The motion was not seconded.) Councilmembers Browne and Mann stated they will vote against the motion because the Council rules require an application to be submitted a week before the meeting to enable the councilmembers to do research and make inquiries and to talk to the applicant if they wish. The motion carried by the following vote: Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) Nays: Browne and Mann (2) Browne nominated all applicants. The nomination was seconded. 305 1 2 3 4 5 6 7 8 9 10 11 12 13 14 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Browne stated he encourages Mr. Bock to apply again and submit his application before the deadline. Councilmembers Browne, Mann, Sidhu, Donovan, and Buchanan voted for William Dominic Moceri. Councilmember Weimer voted for Kelly Krieger. Councilmember Brenner voted for Larry Helm. The Council appointed William Dominic Moceri. .M Regular County Council Meeting, 7/11/2017, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S RE -APPOINTMENT OF BAOZHEN LUO TO THE NORTHWEST SENIOR SERVICES BOARD (AB2017- 221) Donovan moved to confirm the appointments. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) INTRODUCTION ITEMS Browne moved to accept the Introduction Items, including a substitute for Introduction Item 5. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Mann, Sidhu, Browne, Buchanan, Weimer and Donovan (7) Nays: None(0) 1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, EIGHTH REQUEST, IN THE AMOUNT OF $851,061 (AB2017-222) 2. RESOLUTION AMENDING THE 2017 FLOOD CONTROL ZONE DISTRICT AND SUBZONES BUDGETS, THIRD REQUEST, IN THE AMOUNT OF $15,000 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2017-199B) 3. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING, RELATING TO THE WAIVER OF SPACING REQUIREMENTS BETWEEN MARIJUANA PRODUCTION FACILITIES AND COMMUNITY CENTERS IN THE RURAL, AGRICULTURE, AND RURAL FORESTRY DISTRICTS, AND AMENDING THE DEFINITION OF COMMUNITY CENTER (AB2017-223) 4. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF THE NORTH SHORE ROAD (AB2017-196A) S. ORDINANCE ORDERING AN ELECTION TO DETERMINE THE FORMATION OF THE LUMMI ISLAND PARK AND RECREATION DISTRICT (AB2017-200A) COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES 307 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Buchanan reported for the two Special Committee of the Whole meetings. Mann reported for the Finance and Administrative Services Committee. Weimer reported as a member of the Northwest Clean Air Agency on getting an updated report from the agency. Tyler Schroeder, Executive's Office, answered questions on potential State legislature action to resolve water resources issues from the Hirst Decision and expiration of the interim ordinance. He will provide the Council an update at its meeting in August. Karen Frakes, Prosecutor's Office, answered questions on the compliance date. Councilmembers gave updates on recent activities and upcoming events. ADJOURN The meeting adjourned at 9:12 p.m. The County Council approved these minutes on September 26, 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair M Regular County Council Meeting, 7/11/2017, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Whatcom County Council Surface Water Work Session July 18, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 10:30 a.m. in the Civic Center Garden Level Conference Room, 322 Commercial Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Satpal Sidhu, Barry Buchanan, Todd Donovan and Carl Weimer Absent: Ken Mann and Rud Browne SURFACE WATER WORK SESSION (AB2017-024) 1. WATER PLANNING UPDATE Gary Stoyka, Public Works Department, updated the Council on the Planning Unit meeting regarding the Hirst Decision, water funding, Geneva Consulting contract deliverables, and the next meeting. The Planning Unit will ask Council to take a more active role in implementation of the watershed management plan. Stoyka updated the Council on the Watershed Management Board meeting regarding the role of the Board. The following people answered questions: • Linda Twitchell, Planning Unit member • Steve ]ilk, Watershed Management Team member • Jon Hutchings, Public Works Department Councilmembers discussed the ultimate goal of water planning; establishing funding to focus on accomplishments; collaborating on water issues with Canadian officials, with whom they share a watershed; and getting input from the water stakeholders on funding and level of service. 2. FLOOD CODE UPDATE Paula Harris, Public Works Department, submitted and read from a presentation. She answered questions on creating a glossary of acronyms and definitions of various technical terms; crawlspace requirements; the process for adopting the changes; and regulations and federal flood insurance. The following people answered questions: • Travis Bouma, Public Works Department • David Radabaugh, Department of Ecology 309 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 3. LAKE WHATCOM COMPREHENSIVE STORMWATER PLAN UPDATE Kirk Christensen, Public Works Department, gave a staff report on the plan update. The update will come to the Council for approval in a couple of months. John Lenth, Herrera Environmental Consultants Project Manager, submitted and read from a presentation (on file). Colleen Mitchell, Herrera Environmental Consultants Senior Engineer, continued the presentation. Councilmembers, staff, and the consultants discussed who pays for the damage being done to the lake, subsidizing homeowner programs versus telling homeowners to clean up their phosphorous, contribution to lake phosphorous based on a model versus a measurement, evolving materials and technology, and whether they will separate projects by impacts from private property. ADJOURN The meeting adjourned at 12:02 p.m. The Council approved these minutes on September 26, 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair OR Surface Water Work Session, 7/18/2017, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHATCOM COUNTY COUNCIL Special Committee of the Whole July 25, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 9:30 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: Ken Mann. SPECIAL PRESENTATION 1. PRESENTATION OF A GOVERNOR'S 2017 SMART COMMUNITIES AWARD TO WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES (AB2017-231) Anne Fritzel, Washington State Department of Commerce, presented the Planning and Development Services Department with the 2017 Smart Communities Award for the 2016 update of Whatcom County's Comprehensive Plan. COMMITTEE DISCUSSION 1. CONTINUATION OF COUNCIL'S REVIEW OF THE 2016 CRITICAL AREAS ORDINANCE UPDATE (AB2016-276K) REVIEW OF CERTAIN QUESTIONS, COMMENTS, AND SUGGESTIONS BY STAFF AND COUNCILMEMBERS RELATED TO: ARTICLE 8 — CONSERVATION PROGRAM ON AGRICULTURE LANDS AND ARTICLE 9 — DEFINITIONS The following staff answered questions: • Cliff Strong, Planning and Development Services Department • Ryan Ericson, Planning and Development Services Department • George Boggs, Conservation District • Matt Mahaffie, Planning and Development Services Department Councilmembers discussed setting a formal deadline for councilmembers to submit new proposed amendments. Weimer moved that any new proposed amendments brought forward by councilmembers after this meeting be held until after the public hearing. 311 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 1 The motion was seconded. 2 3 Special Committee of the Whole, 7/25/2017, Page 2 298 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 The motion carried by the following vote: Ayes: Browne, Buchanan, Weimer and Donovan (4) Nays: Brenner and Sidhu (2) Absent: Mann (1) (Clerk's Note: The Committee took a 15-minute break at 9:50 a.m.) Councilmembers discussed items one and two in the Council packet, sections 16.16.860(C) and 16.16.900. Browne moved to accept staff's recommended change to amend section 16.16.900 Definitions, 'Agricultural Activities' means those activates 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. Ne ithe the —eenstFUeti en of new StFUewes no Activities that bFing an a new, The construction of new structures or activities that bring a new, non -ongoing agricultural area into agricultural use, are not considered agricultural activities." The motion was seconded. Councilmembers discussed whether the amendment is confusing and the intent of the definition. Brenner moved to amend the motion, "...are not considered ongoing agricultural activities." The motion was seconded. Councilmembers and staff continued to discuss how they use the phrases "ongoing agriculture" or "history of legal agriculture"; grandfathered versus new agriculture; conversion of agricultural land; applying these regulations only to critical areas, not all agricultural areas; structural conservation practices as a listed agricultural activity; allowing conservation structures that provide a net conservation benefit; keeping the definitions within the framework of the CPAL program; and the Food Security Act and the Clean Water Act, which govern wetlands. Brenner withdrew her motion and moved to amend the motion to include "history of legal agricultural use." The motion was not seconded. Browne moved to call the question. The motion to call the question was seconded. The motion to call the question carried by the following vote: Ayes: Sidhu, Browne, Buchanan, and Weimer (4) Nays: Donovan and Brenner (2) 313 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 1 Absent: Mann (1) 2 3 Special Committee of the Whole, 7/25/2017, Page 4 300 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 The motion to amend carried by the following vote: Ayes: Sidhu, Browne, Buchanan, and Weimer (4) Nays: Donovan and Brenner (2) Absent: Mann (1) Councilmembers discussed broadening the CPAL program to all agriculture. Browne moved address the proposed amendments to change the definitions and return to the discussion of using ongoing agriculture. This motion was not seconded. Councilmembers and staff discussed using definitions in the federal regulations. Browne moved to amend the definition of ongoing agriculture: "'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 program A-R an operation ceases to be ongoing when the —area—en--whieh it was eandueted has be cenverted to a nonagFiEUltUFal Lise, eF has lain idle feF R9eFe than five 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. unless that idle 'and The motion was seconded. Councilmembers and staff discussed components of critical areas not related to the Food Safety Act, the benefits of using the term "ongoing agriculture," allowing staff to review the proposed new language to avoid problems experienced in Clallam Count,; and avoiding a five-year limit when defining abandonment. Browne withdrew the motion so that staff can do further review. Weimer moved to revert back to the use of "ongoing agriculture." The motion was seconded. Councilmembers and staff continued to discuss how to refine the definition of what is ongoing agriculture. The motion carried by the following vote: Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5) Nays: Brenner (1) 315 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Absent: Mann (1) Councilmembers discussed the impact of completely removing the definition of %%ongoing agriculture," and providing information to the public on whether or not a farm has a farm plan. Weimer moved to amend 16.16.870(B), "Provided, that the County will collect all summary information that is determined not to be exempt from public disclosure per RCW 42.56.610 and make it publicly available on the county's website. The summary information shall be provided... of a conservation farm plan." The motion was seconded. Browne suggested a friendly amendment, "...website. No farm plans will be made public." Weimer accepted the friendly amendment, "Provided, that the County will collect all summary information that is determined not to be exempt from public disclosure per RCW 42.56.610 and make it publicly available on the county's website. No farm plans will be made public. The summary information shall be provided... of a conservation farm plan." Councilmembers and staff discussed the objective of capturing information and whether presenting it to the public has a legitimate basis for insuring the County has an effective program for protecting critical areas; what kind of information is allowed or prohibited from being made public. Weimer withdrew his motion and moved to amend 16.16.870(B) by deleting the first sentence and replacing it with, "Provided that on the county's website, information about which farms have approved farm plans, and when the last compliance review was conducted. The summary information shall be...." The motion was seconded. Sidhu suggested a friendly amendment that no farm plans will be made public. Weimer accepted the friendly amendment. Linda Twitchell stated she would like to know what the County hopes to gain by making it public which farms have farm plans and which don't have farm plans. Dannon Traxler, agricultural groups representative, stated they strongly oppose this proposed language. Staff needs to talk to legal counsel. The proposal could be exempt from disclosure under the Public Records Act. The County doesn't have the authority to broaden disclosure. Councilmembers continued to discuss whether and how the language should include compliance information and whether the CPAL program has made an impact on water quality. Special Committee of the Whole, 7/25/2017, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Weimer amended his motion, "Provided, that the County will collect summary information related to the general location of a farming enterprise, the nature of the farming activity, the specific best management practices to be implemented during the conservation review process. The summary information shall be provided by the farm operator and his or her designee... approval of the plan. Provide on the county's website information about which farms have approved farm plans and the date the plan was accepted. Plans shall also be subject to disclosure...." Fred Likkel stated they should be careful about saying whether or not a farm plan is current. The motion was seconded. The motion carried by the following vote: Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5) Nays: Brenner (1) Absent: Mann (1) OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 11:30 a.m. The Council approved these minutes on September 26, 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 317 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole July 25, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 1:01 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Satpal Donovan and Carl Weimer Absent: Ken Mann COMMITTEE DISCUSSION Sidhu, Rud Browne, Barry Buchanan, Todd 1. UPDATE ON NEGOTIATIONS AND STRATEGY PLANNING REGARDING COLLECTIVE BARGAINING (AB2017-018N) Attorney Present: None 2. CONTINUED DISCUSSION AND CONSULTATION WITH CHIEF CIVIL DEPUTY DAN GIBSON IN THE MATTER OF NEGOTIATIONS FOR VARIOUS PROJECT -RELATED EASEMENTS (AB2017-0180) Attorney Present: Dan Gibson Buchanan stated that discussion of agenda item one may take place in executive session pursuant to RCW42.30.140 (4)(a) and discussion of agenda item two may take place in executive session pursuant to RCW42.30.110 (1)(i). Executive session will conclude no later than 1:45 p.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Browne moved to go into executive session until no later than 1:45 p.m. to discuss the agenda items pursuant to RCW citations as announced by the Council Chair. The motion was seconded. The motion carried by the following vote: Ayes: Sidhu, Brenner, Browne, Buchanan, and Donovan (5) Nays: None(0) Absent: Mann and Weimer (out of the room) (2) At 1:45 p.m., Buchanan announced the executive session is extended to no later than 2:00 p.m. 308 Committee of the Whole, 7/25/2017, Page 1 OTHER BUSINESS 319 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. ADJOURN The meeting adjourned at 2:00 p.m. The Council approved these minutes on September 26, 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair M Committee of the Whole, 7/25/2017, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHATCOM COUNTY COUNCIL Regular County Council Meeting July 25, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: Ken Mann. FLAG SALUTE ANNOUNCEMENTS PUBLIC HEARINGS 1. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING, RELATING TO THE WAIVER OF SPACING REQUIREMENTS BETWEEN MARIJUANA PRODUCTION FACILITIES AND COMMUNITY CENTERS IN THE RURAL, AGRICULTURE, AND RURAL FORESTRY DISTRICTS, AND AMENDING THE DEFINITION OF COMMUNITY CENTER (AB2017-223) Gary Davis, Planning and Development Services Department, submitted a corrected ordinance without the scrivener's error in the finding. Buchanan opened the public hearing, and the following person spoke: Ezra Eickmeyer, Agape Research, spoke on behalf of an applicant for a buffer waiver. Hearing no one else, Buchanan closed the public hearing. Brenner moved to adopt the substitute ordinance. The motion was seconded. Councilmembers discussed what happens if a community center changes ownership. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 321 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Nays: None(0) Absent: Mann (1) 2. ORDINANCE ESTABLISHING THE SPEED LIMIT ON A PORTION OF THE NORTH SHORE ROAD (AB2017-196A) Buchanan opened the public hearing, and the following person spoke: Duane Duxbury submitted and read from a handout (on file) and stated the speed limit should be less than 35 miles per hour. Hearing no one else, Buchanan closed the public hearing. Brenner moved to hold in Council to get more information from staff about the possibility of lowering the speed limit even more. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Mann (1) 3. RESOLUTION PROVIDING FOR SUBMISSION TO THE QUALIFIED VOTERS OF WHATCOM COUNTY, AT AN ELECTION TO BE HELD ON NOVEMBER 7, 2017, AN ADVISORY BALLOT SEEKING CITIZEN INPUT REGARDING THE USE OF EMINENT DOMAIN BY PIPELINE COMPANIES TO TAKE PROPERTY RIGHTS FROM PRIVATE LANDOWNERS FOR USE IN OIL AND GAS PIPELINES IN WHATCOM COUNTY (AB2017-233) Donovan reported on the reason for the proposed resolution. Buchanan opened the public hearing, and the following people spoke: Amy Glasser stated she supports the resolution. Tyson Green, Williams Northwest Pipeline, spoke about the benefits of their energy services and efforts to work with the community. Everett Barton stated the Tribes should be responsible for working with Cherry Point. People who own property may have problems in light of the Hirst Decision. Ana Rae Miller stated she supports the resolution. Lynn Murphy, Puget Sound Energy, spoke about their natural gas customers in other counties who rely on existing pipelines and the company's policy of negotiating with landowners for just compensation. Regular County Council Meeting, 7/25/2017, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Pam Brady, BP Cherry Point, stated she is concerned about the resolution because it will be contrary to the public's interest in pipeline safety. She is opposed to the resolution due to unintended consequences and the lack of stakeholder input. Jack McBride stated the resolution is worthwhile in general. Washington law allows eminent domain by private companies, but eminent domain is based on public use and need. Make a distinction between a public use and private use. Mike Sennet stated he is opposed to transshipment of gas or oil from Canada through Whatcom County to foreign exports. Hearing no one else, Buchanan closed the public hearing. Donovan moved to approve the resolution. The motion was seconded. Councilmembers discussed public versus private use of eminent domain, the existing Washington State law for the use of eminent domain, whether this resolution targets businesses at Cherry Point, protecting people from government overreach, the safety of pipelines compared to trains and trucks, using eminent domain for private profit as opposed to the public good, whether the County has any jurisdiction over eminent domain, and shipping unrefined fuel out of the county. Brenner moved to amend the resolution to apply it to all eminent domain purposes private and public, not just one particular business sector. The entire resolution would say that the Whatcom County Council opposes eminent domain for any reason. The motion to amend was seconded. The motion to amend failed by the following vote: Ayes: Brenner (1) Nays: Sidhu, Buchanan, Weimer and Donovan (4) Abstains: Browne (1) Absent: Mann (1) Browne stated he abstained because he owns property that is under consideration by a pipeline impacted by the resolution. Sidhu moved to amend to change "oil pipelines" to "for profit purposes." The motion was seconded. The motion to amend failed by the following vote: Ayes: Sidhu (1) Nays: Buchanan, Weimer and Donovan (3) Abstains: Browne and Brenner (2) Absent: Mann (1) 323 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Weimer moved to amend line 43, the eighth Whereas statement, "fn-suse." The motion was seconded. The motion to amend carried by the following vote: Ayes: Brenner, Sidhu, Buchanan, Weimer and Donovan (5) Nays: None(0) Abstains: Browne (1) Absent: Mann (1) Weimer moved to amend the first Whereas statement, "gesps+it+ea+." The motion was seconded. Councilmembers discussed who authored the resolution. The motion to amend carried by the following vote: Ayes: Sidhu, Buchanan, Weimer and Donovan (4) Nays: None(0) Abstains: Browne and Brenner (2) Absent: Mann (1) Councilmembers discussed the Council's lack of authority on eminent domain or pipeline approval processes and educating the public on those processes, educating the public, and the State's eminent domain laws that are specific to pipelines. Sidhu suggested a friendly amendment to get rid of the fourth Whereas statement and remove all the company names. Donovan accepted the friendly amendment. The motion to approve the resolution as amended failed by the following vote: Ayes: Sidhu, Buchanan, and Donovan (3) Nays: None(0) Abstains: Weimer, Brenner, and Browne (3) Absent: Mann (1) Weimer stated he abstained due to conflict of interest from his work on pipeline issues and because he just signed a contract to review pipeline safety in the state of Washington. OPEN SESSION The following people spoke: • Chris Deile spoke about court -ordered religious substance abuse treatment versus secular substance abuse treatment. • Joseph Feldman spoke about religion. 320 Regular County Council Meeting, 7/25/2017, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 OTHER ITEMS 1. ORDINANCE AMENDING THE 2017 WHATCOM COUNTY BUDGET, EIGHTH REQUEST, IN THE AMOUNT OF $851,061 (AB2017-222) Browne reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Brenner moved to amend to remove the Homeowner Incentive Program (HIP) funding from the stormwater fund. The motion was seconded. Councilmembers discussed the purpose of the program, regulations versus incentives for landowners, funding mechanisms for controlling stormwater around Lake Whatcom, the HIP funding request having no net impact on the County budget, whether or not they should pay people to not pollute, and using the money to educate people instead of paying people to do the work. The motion to amend failed by the following vote: Ayes: Brenner (1) Nays: Sidhu, Browne, Buchanan, Weimer and Donovan (5) Absent: Mann (1) The motion to adopt carried by the following vote: Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5) Nays: Brenner (1) Absent: Mann (1) 2. RESOLUTION AMENDING THE 2017 FLOOD CONTROL ZONE DISTRICT AND SUBZONES BUDGETS, THIRD REQUEST, IN THE AMOUNT OF $15,000 (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2017-199B) Browne reported for the Finance and Administrative Services Committee and moved to approve the resolution. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, and Buchanan (4) Nays: Donovan and Weimer (2) Absent: Mann (1) 3. ORDINANCE ORDERING AN ELECTION TO DETERMINE THE FORMATION OF THE LUMMI ISLAND PARK AND RECREATION DISTRICT (AB2017-200A) Donovan moved to adopt the ordinance. The motion was seconded. 325 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Councilmembers discussed how this vote is a formality. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Mann(l) 4. APPOINTMENT OF MEMBERS TO SERVE ON THE PRO AND CON STATEMENT WRITING COMMITTEES FOR THE SALES AND USE TAX FOR PUBLIC SAFETY PURPOSES PROPOSITION (AB2017-194B) Donovan moved to appoint all three volunteers for the Pro Statement Committee: Jon Mutchler, Scott Korthuis, and Gene Knutson. The motion was seconded. Regular County Council Meeting, 7/25/2017, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Mann (1) Browne nominated all four volunteers the Con Statement Committee: Josh Cerretti, Joy Gilfilen, Doug Starcher, and Dan McShane. The motion carried by the following vote: Cerretti: Brenner, Buchanan, Sidhu, Weimer (4) Gilfilen: Browne, Donovan, Weimer (3) Starcher: Brenner, Browne, Buchanan, Donovan, Sidhu, Weimer (6) McShane: Brenner, Browne, Buchanan, Donovan, Sidhu (5) Absent: Mann (1) The Council appointed Josh Cerretti, Doug Starcher, and Dan McShane to the Con Statement Committee. 5. APPOINTMENT OF MEMBERS TO SERVE ON THE PRO AND CON STATEMENT WRITING COMMITTEES FOR THE PROPOSAL TO FORM THE LUMMI ISLAND PARK AND RECREATION DISTRICT (AB2017-200B) Donovan moved to appoint all three Pro Statement Committee volunteers: Randy Smith, Tamia Sorensen, and Ian Kirouac. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Mann (1) Browne nominated all four volunteers. The nomination was seconded. Shornick: Sidhu (1) Dunn: Weimer, Browne, Buchanan, Brenner, Donovan, Sidhu (6) Morrissey: Weimer, Browne, Buchanan, Brenner, Donovan, Sidhu (6) Lee: Weimer, Browne, Buchanan, Brenner, Donovan (5) Absent: Mann (1) The Council appointed Patricia Dunn, Michele Morrissey, and Wynne Lee to the Con Statement Committee. 6. APPOINTMENT OF MEMBERS TO SERVE ON THE PRO AND CON STATEMENT WRITING COMMITTEES FOR THE PROPOSITION REGARDING THE USE OF EMINENT DOMAIN BY PIPELINE COMPANIES TO TAKE PROPERTY RIGHTS 327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. FROM PRIVATE LANDOWNERS FOR USE IN OIL AND GAS PIPELINES IN WHATCOM COUNTY (AB2017-233) (AB2017-233A) This item was not discussed. EXECUTIVE APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. COUNTY EXECUTIVE REQUESTS CONFIRMATION OF APPOINTMENTS TO THE NEW BEHAVIORAL HEALTH ADVISORY COMMITTEE (AB2017-228) Donovan moved to confirm the appointments. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Browne, Buchanan, Weimer and Donovan (5) Nays: None(0) Absent: Sidhu (out of the room) and Mann (1) INTRODUCTION ITEMS Brenner moved to accept Introduction Items one and two. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Mann (1) 1. RECEIPT OF APPLICATIONS FOR THE WHATCOM COUNTY BOARD OF EQUALIZATION (BOE), REPRESENTING DISTRICT 2, TERM ENDING 1/31/2020, APPLICANT: JOHN BRUTON (THE BOE ENSURES ALL PROPERTIES ARE VALUED AT FAIR MARKET VALUE) (APPLICATION DEADLINE FOR ANY OTHER APPLICANTS TO THIS VACANCY IS 10 A.M. ON AUGUST 1, 2017) (AB2017-224) 2. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, NINTH REQUEST, IN THE AMOUNT OF $148,625 (AB2017-229) 3. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING, EXEMPTING PUBLIC COMMUNITY FACILITIES AND COMMUNITY CENTERS FROM LOT COVERAGE LIMITS IN THE RESIDENTIAL RURAL (RR), RURAL (R), AND POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICTS (AB2017-230) This item was withdrawn from the agenda. 328 Regular County Council Meeting, 7/25/2017, Page 8 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 COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES Buchanan reported for the Special Committee of the Whole and the Committee of the Whole meetings. Brenner reported for the Public Works, Health, and Safety Committee. Weimer reported for the Planning and Development Committee. He moved to schedule a discussion in committee with Public Works staff about funding sources for Lake Whatcom programs. The motion was seconded. The motion passed by general consent. Brenner stated she would like to request the Executive come forward to the Natural Resources Committee with a solution about recent complaints from a property owner regarding problems from beaver dams. The motion was seconded. The motion passed by general consent. Sidhu stated they need to continue discussion of the proposed Business Advisory Committee. Councilmembers discussed why the word "jail" isn't in the ballot title for the sales and use tax ballot measure. Buchanan moved to request that the Prosecutor's Office include the word "jail" in the ballot measure. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Mann(l) ADJOURN The meeting adjourned at 8:51 p.m. The County Council approved these minutes on September 26, 2017. 329 1 2 3 4 5 6 7 8 9 10 11 12 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 336 Regular County Council Meeting, 7/25/2017, Page 10 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 WHATCOM COUNTY COUNCIL Board of Health August 1, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 10:30 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL 1. 2. Present: Barry Buchanan, Barbara Sidhu, and Carl Weimer Absent: Ken Mann PUBLIC SESSION No one spoke. Brenner, Rud Browne, Todd Donovan, Satpal DIRECTOR/HEALTH OFFICER REPORT Greg Stern, Health Officer, reported on local laboratory changes when Peace Health lab was acquired by Quest and problems with data sharing to providers. The entire system of healthcare in the community is having to be restructured due to the lack of data coordination from changes to this one piece of the system. Regina Delahunt, Health Department Director, reported on the State operating budget and money for foundational public health services from the State operational budget; increasing capacity in communicable disease services with the additional operating funds; the delay in State adoption of the capital budget; building problems at the State Street facility; the public health accreditation annual report regarding the Health Department's performance management system; the Women, Infant, Children (WIC) Program low caseload and other service delivery options in the community; a study of barriers to Health Department services; and an effort by the North Sound Behavioral Health Organization to consider early integration of medical care and Medicaid sooner than the 2020 deadline. She answered questions on the possibility of having an excise tax for solid waste funding, the source of odor problems at the State Street facility, the reason for the low caseloads for the WIC program statewide, the possibility of providing WIC services at the East County Regional Resource Center, how the WIC program is funded based on population and caseload, and whether a decline could be related to the federal policy stance on undocumented workers. 3. PROPOSAL FOR ACCOUNTABLE COMMUNITIES OF HEALTH (ACH) BOARD MEMBER 331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Delahunt stated the County Council needs to nominate a councilmember or appoint Human Services Manager Anne Deacon to serve on the Board. Browne moved to appoint Anne Deacon as the Council representative. The motion was seconded. Councilmembers and staff discussed whether there is value to having a councilmember on the ACH Board or attend the meeting; whether each county has the same number of representatives, despite population; and other regional areas in the state. The motion carried by the following vote: Ayes: Brenner, Donovan, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None (0) Absent: Mann (1) 4. PUBLIC HEALTH ADVISORY BOARD (PHAB) UPDATE Sue Sullivan, Public Health Advisory Board Vice -Chair, updated the Board on the recent July meeting focus on childcare. There were three topics. The first is regarding the cost of childcare. The second is that many childcare providers are living in poverty. The third is that returning veterans who use their GI Bill and have children are under stress because the GI Bill doesn't cover the cost of childcare. The first recommendation is to advocate for reducing veteran barriers. The second recommendation is to bring the issue forward to the Whatcom County economic development partners, such as the Chamber of Commerce or Choose Whatcom project. Liz Harmon -Craig, Health Department, answered questions. Councilmembers and staff discussed the ability for people to get their college degrees online using the GI Bill; whether the federal government has any initiative to do what it is recommending; whether there are other models for creative and cooperative childcare options, besides federal and state funding; and including Whatcom Community College and Bellingham Technical College in the survey. Weimer moved to send the letter as shown on Board packet page 5. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Donovan, Sidhu, Browne, Buchanan, and Weimer (6) Nays: None (0) Absent: Mann (1) Astrid Newell, Health Department, reported on the recommendation to reach out to community partners about childcare issues and businesses. David Webster, Opportunity Council, answered questions on what they hope to achieve by reaching out to community partners, helping childcare providers build their business, learning what issues and barriers local companies face regarding employee 338 Board of Health, 8/1/2017, Page 2 1 2 3 4 5 6 7 8 9 childcare, quality childcare, economic development funds for childcare, and the trends in supply and demand for childcare. S. COMMUNICABLE DISEASE CONTROL IN WHATCOM COUNTY Joni Hensley, Health Department, read from a presentation in the Board packet (on file) and answered questions. 333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The following staff also answered questions: • Regina Delahunt, Health Department Director • Dr. Greg Stern, Health Officer Councilmembers discussed and asked questions about staffing levels; the source of antibiotic -resistant gonorrhea; how to use the $100,000 from the State for communicable diseases; the cost of a shingles vaccine in Canada; what happens with an active tuberculosis case in the jail; educating employers on the cost of not providing sick leave; advising sick employees to not go to work; and whether vaccines come in a generic form. ADJOURN The meeting adjourned at 12:04 p.m. The Council approved these minutes on September 26, 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 320 Board of Health, 8/1/2017, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHATCOM COUNTY COUNCIL Committee Of The Whole August 8, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 1:15 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Satpal Donovan and Carl Weimer Absent: Ken Mann COMMITTEE DISCUSSION Sidhu, Rud Browne, Barry Buchanan, Todd 1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN MAKES REGARDING PENDING LITIGATION, HIRST ET AL V. WHATCOM COUNTY, GMHB CASE NO. 12-2- 0013(AB2017-018) Attorney Present: Karen Frakes Buchanan stated that discussion of agenda item one may take place in executive session pursuant to RCW42.30.110 (1)(i). Executive session will conclude no later than 2:00 p.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Browne moved to go into executive session until no later than 2:00 p.m. to discuss the agenda items pursuant to RCW citations as announced by the Council Chair. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Browne, Buchanan, Donovan and Weimer (5) Nays: None (0) Absent: Sidhu (out of the room) and Mann (1) At 2:00 p.m., Buchanan announced the executive session would last until no later than 2:15 p.m. OTHER BUSINESS ADJOURN The meeting adjourned at 2:05 p.m. The Council approved these minutes on 2017. 335 1 2 3 4 5 6 7 8 9 10 11 12 13 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair KM Committee of the Whole, 8/8/2017, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHATCOM COUNTY COUNCIL Special Committee of the Whole August 8, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 3:05 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: Ken Mann. COMMITTEE DISCUSSION 1. CONTINUATION OF COUNCIL'S REVIEW OF THE 2016 CRITICAL AREAS ORDINANCE UPDATE (AB2016-276K) 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 Cliff Strong, Planning and Development Services Department, referenced the staff report in the Council packet and gave a staff report. Brenner moved to amend language throughout, "net Feeengn9end neF may authorize." The motion was seconded. The motion failed by the following vote: Ayes: Brenner and Donovan (2) Nays: Sidhu, Browne, Buchanan, and Weimer (4) Absent: Mann (1) Browne moved to amend 16.16.830 Conservation Farm Plans - General Standards: B. A conservation farm plan shall not recommend nor ng-ay authorize: 1. Filling, draining, grading, or clearing activities within critical areas or buffers: a. Gr4y Except on ongoing agricultural land where such activities are a demonstrated essential part of an ongoing agricultural use or part of routine maintenance; and, 337 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. b. When it does not expand the boundaries of an ongoing agricultural use; and, C. The appropriate permits for doing so have been obtained. C. Other plans prepared for compliance with state or federal regulations (e.g., nutrient management plans), or to obtain an accredited private third -party certification (e.g., GLOBALG.A.P.), or similar plans may be used as part of or in lieu of a Conservation Farm Plan if the Technical Administrator determines they adequately address the requirements of this Title. The motion was seconded. The motion carried by the following vote: Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5) Nays: Brenner (1) Absent: Mann (1) Browne moved to approve the definition of agricultural activities as recommended by the Langabeer & Traxler letter on behalf of agricultural groups, with one change: "Ongoing Agriculture" means all agricultural uses and practices as defined in RCW 90.58.065" (RCW 36.70A.703). "Ongoing 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 facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation. The motion was seconded. Councilmembers discussed the proposal from Ms. Traxler and whether or not they should use "ongoing" in the definition of agricultural activities, that the County chose not to participate in the volunteer stewardship program (VSP), whether this definition expands the current definition of ongoing agriculture, making sure they don't weaken the critical areas ordinance while not imposing regulations that will make a farmer lose the right to farm, and allowing staff time to review the proposed amendment. Browne moved to hold his motion in Committee. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) 338 Special Committee of the Whole, 8/8/2017, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Nays: None(0) Absent: Mann (1) Councilmembers and staff discussed the impact of changing the definition of %%agricultural activities" and the need to do monitoring and gather baseline data. Strong reported on and councilmembers discussed whether high concentrations of nitrates in groundwater is a significant health issue, future options, and what a management district would do. George Boggs, Conservation District, answered questions on the trend in nitrate contamination from test wells, natural sources of nitrates from decomposing organic matter, sharing the aquifer and working with Canada, and public outreach. Strong reported on suggested changes to the lahar zone section. Browne moved to approve staff's recommendation with some changes: • 16.16.320(B), -...For some geologic hazards, except for lahar hazards " • 16.16.320(C), "...geological hazards (except for lahar hazards) and/or are outside.... • 16.16.320(B)(2), "Subject to .... 265 (except subsection (D) when located wholly within a lahar hazard zone), the following uses may...." The motion was seconded. Ericson stated there is a scrivener's error in .350(b)(2)(a), "6�9 16.16.275" Councilmembers and staff discussed making decisions on behalf of everyone, not one particular party, letting people know about the hazard and leaving the decision up to them, no need for a building setback when entirely within a lahar hazard zone, and the detail required in evacuation plan updates. The motion to amend, including the scrivener's error, carried by the following vote: Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5) Nays: Brenner (1) Absent: Mann (1) Councilmembers continued to discuss lahar hazard areas and concerns from a particular property owner. Brenner moved to amend 16.16.270(2)(k), "For single-family residences,...These appurtenant developments include garages, decks, driveways, and parking, utilities (exelusive ef an en site septie system), and a" 'awn and , with the following exceptions:..." The motion was seconded. Councilmembers discussed whether they should include utilities in the list of developments; temporary versus permanent impacts; and considering minor utilities, or service utilities that connect the service to the residence, as a temporary impact. 339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Linda Twitchell, Building Industry Association, stated some utility distribution pipes require large trenches. Browne moved to amend the motion to amend 16.16.270(2)(k), "For single-family residences,...These appurtenant developments include garages, decks, driveways, and parking (exclusive of an on -site septic system and utilities), and all lawn and landscaping, with the following exceptions:...." The motion was not seconded. Brenner withdrew her motion to amend and moved to hold in committee so staff can develop better language. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Mann (1) Brenner moved to amend 16.16.610 Wetlands Designation, Rating, and Mapping, "D. All wetlands shall be regulated regardless of size; provided, that hydrologically isolated Category IV wetlands less than 1,089 4,356 square feet in size may be adversely impacted when all of the following criteria are met:..." The motion was discussed. Councilmembers discussed whether category IV is subjective. The motion failed by the following vote: Ayes: Brenner (1) Nays: Sidhu, Browne, Buchanan, and Donovan (4) Absent: Weimer (out of the room) and Mann (2) Councilmembers discussed temporary impacts associated with utilities from section 16.16.620 and the mitigation sequence, which begins with avoidance. Staff will work on language to clarify the mitigation sequence for temporary impacts if avoidance is much more expensive. Brenner moved to amend 16.16.620(G), " may be permitted as close to the wetland as possible in order to have the smallest footprint with the least amount of impact." The motion was seconded. Councilmembers and staff discussed whether stormwater management facilities have the least impact if they're closer to or farther away from buffers. Browne moved to call the question. The motion to call the question was seconded. r M Special Committee of the Whole, 8/8/2017, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 The motion to call the question carried by the following vote: Ayes: Sidhu, Browne, Buchanan, and Donovan (4) Nays: Brenner (1) Absent: Weimer (out of the room) and Mann (2) The motion to amend failed by the following vote: Ayes: Brenner (1) Nays: Sidhu, Browne, Buchanan, and Donovan (4) Absent: Weimer (out of the room) and Mann (2) Councilmembers and Twitchell discussed returning water to the wetland. Donovan moved to amend: • 16.16.680(E)(3), Wetland mitigation, "When use of the guidance for Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington (Department of Ecology Publication #10-06-011, as amended) results in a lower mitigation ratio than the standard ratios." • 16.16.680, Wetland mitigation, "G. All mitigation areas ... and ensure permanent protection of critical area functions and values . Permanent protection shall...." • 16.16.690(A)(2)(h), "A demonstration that the site will have adequate buffers sufficient to permanently protect the wetland functions in peFpetuity." The motion was seconded. Councilmembers and staff discussed the permanency of a residence. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Mann (1) Councilmembers and staff discussed substantial developed surfaces and roads that are existing and legally -established; whether wetland delineations would include the entire wetland area, which may include adjacent properties; how soon a County staff person could reasonably respond to a delineation. Brenner moved to amend 16.16.670(B) to add a week timeframe in which County verification can happen, so time and elements can't cause problems with flagging. The motion was seconded. Councilmembers continued to discuss the two instances in which a delineation is required and adding staff for quicker response times. Brenner withdrew the motion to amend. Councilmembers and staff discussed whether existing improvements have to be related to the presence of wetlands. 341 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 4:50 p.m. The Council approved these minutes on , 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair r Special Committee of the Whole, 8/8/2017, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 WHATCOM COUNTY COUNCIL Regular County Council Meeting August 8, 2017 CALL TO ORDER Council Chair Barry Buchanan called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Satpal Sidhu, Carl Weimer, Todd Donovan, Rud Browne and Barry Buchanan. Absent: Ken Mann. FLAG SALUTE ANNOUNCEMENTS PUBLIC HEARINGS 1. RESOLUTION VACATING A PORTION OF CHETS ROAD (AB2017-215) Andrew Hester, Public Works Department, gave a staff report and answered questions about ownership of adjoining properties. Buchanan opened the public hearing, and hearing no one, closed the public hearing. Brenner moved to approve the resolution. The motion was seconded. The motion failed by the following vote: Ayes: None(0) Nays: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Absent: Mann (1) 2. ORDINANCE GRANTING MOBILITIE, LLC, A NON-EXCLUSIVE FRANCHISE FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES (AB2017-216) Buchanan opened the public hearing, and hearing no one, closed the public hearing. Brenner moved to adopt the ordinance. 343 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The motion was seconded. The motion carried by the following Ayes: Brenner, Sidhu, Browne, Nays: None(0) Absent: Mann (1) OPEN SESSION vote: Buchanan, Weimer and Donovan (6) The following people spoke: • Leslie Honcoop, Whatcom County Farm Bureau President, spoke about the comments they submitted regarding The Critical Areas Ordinance and Comprehensive Plan and about not overtaxing farmers. • Yoshi Ravelle spoke about changing personal habits to make a positive impact on global climate change. CONSENT AGENDA Browne reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through nine. The motion carried by the following Ayes: Brenner, Sidhu, Browne, Nays: None(0) Absent: Mann (1) vote: Buchanan, Weimer and Donovan (6) 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE PURCHASE OF AN ELECTRONIC SITUATIONAL STATUS DISPLAY SYSTEM FOR THE SHERIFF'S OFFICE DIVISION OF EMERGENCY MANAGEMENT FROM SOLE SOURCE VENDOR, THE RESPONSE GROUP, IN AN AMOUNT NOT TO EXCEED $52,671 (AB2017-236) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND KPFF CONSULTING ENGINEERS TO PERFORM AN ALTERNATIVES ANALYSIS TO ESTABLISH A NEW LEVEL OF SERVICE FOR THE LUMMI ISLAND FERRY SYSTEM, IN THE AMOUNT OF $322,119 (AB2017-249) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND RESPEC CONSULTING SERVICES FOR THE LAKE WHATCOM HYDROLOGICAL MODEL REVIEW, IN THE AMOUNT OF $49,990 (AB2017-237) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON MILITARY DEPARTMENT FOR MUTUAL AID ASSISTANCE THROUGH BOTH THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT 340 Regular County Council Meeting, 8/8/2017, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (EMAC) AND THE PACIFIC NORTHWEST EMERGENCY MANAGEMENT ARRANGEMENT (PNEMA) (AB2017-238) 5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST EDUCATIONAL SERVICES DISTRICT 189 TO PROVIDE SUBSTANCE USE DISORDER PREVENTION SERVICES WITHIN THE SCHOOL DISTRICTS IN WHATCOM COUNTY IN ORDER TO IMPROVE BEHAVIORAL HEALTH OUTCOMES, IN THE AMOUNT OF $121,000 (AB2017-239) 6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BLAINE SCHOOL DISTRICT TO PROVIDE BEHAVIORAL HEALTH SERVICES, IN THE AMOUNT OF $113,400, FOR A TOTAL CONTRACT AMOUNT OF $293,400 (AB2017-240) 7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE DEPARTMENT OF EARLY LEARNING TO PROVIDE HIGH QUALITY HOME VISITING SERVICES TO HIGH -RISK FAMILIES USING THE NURSE FAMILY PARTNERSHIP PROGRAM MODEL FOR PURPOSES OF IMPROVING OUTCOMES FOR PARTICIPANTS AND STRENGTHENING COORDINATION OF SERVICES, IN THE AMOUNT OF $335,525.81 (AB2017-241) 8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND KIBBLE & PRENTICE, A USI COMPANY, FOR BENEFIT CONSULTING SERVICES FOR A THREE-YEAR PERIOD (2018-2020), IN THE AMOUNT OF $174,175 (AB2017- 242) 9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND GERALDINE COLEMAN, SCOTT MAWSON, MARGARET MAWSON, AND PENNY HENDERSON TO PROVIDE LEGAL REPRESENTATION TO CHILDREN IN DEPENDENCY PROCEEDINGS, IN THE AMOUNT OF $103,996.80 ANNUALLY (AB2017-243) OTHER ITEMS 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND CASCADIA LAW GROUP PLLC TO REPRESENT WHATCOM COUNTY AND TO CONDUCT THE STUDY AND MAKE RECOMMENDATIONS REQUIRED BY WHATCOM COUNTY COMPREHENSIVE PLAN POLICY 2CC-16 REGARDING THE CHERRY POINT UGA (AB2017-234) Browne reported for the Finance and Administrative Services Committee and moved to approve the request. Councilmembers spoke about engaging this law firm, supporting the industry at Cherry Point, having the tools necessary to protect public health and safety, and working with the industries to resolve concerns. 345 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The motion carried by the following vote: Ayes: Sidhu, Browne, Buchanan, Weimer and Donovan (5) Nays: Brenner (1) Absent: Mann (1) 2. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, NINTH REQUEST, IN THE AMOUNT OF $148,625 (AB2017-229) Browne reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Mann (1) 3. ORDINANCE ESTABLISHING THE SPEED LIMIT ON A PORTION OF THE NORTH SHORE ROAD (AB2017-196A) Brenner reported for the Public Works, Health, and Safety Committee stated this item is held in Committee. 4. COUNCIL TO APPOINT ONE OF ITS MEMBERS TO SERVE ON THE BEHAVIORAL HEALTH ADVISORY COMMITTEE (AB2017-124A) Brenner moved to appoint Brenner. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Mann (1) COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 1. APPOINTMENT TO THE WHATCOM COUNTY BOARD OF EQUALIZATION (DISTRICT 2 REPRESENTATIVE), APPLICANT: JOHN BRUTON (AB2017-224) Browne moved to nominate and appoint. The motion was seconded. The motion carried by the following vote: Ayes: Brenner, Sidhu, Browne, Buchanan, Weimer and Donovan (6) Nays: None(0) Absent: Mann (1) ON Regular County Council Meeting, 8/8/2017, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 INTRODUCTION ITEMS Browne moved to accept Introduction Items one through five. The motion was seconded. The motion carried by the following Ayes: Brenner, Sidhu, Browne, Nays: None(0) Absent: Mann (1) vote: Buchanan, Weimer and Donovan (6) 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 8.13, SOLID WASTE DISPOSAL DISTRICT, REGARDING THE SOLID WASTE EXCISE PRIVILEGE TAX (AB2017-244) 2. ORDINANCE REPEALING WHATCOM COUNTY CODE 8.14, GARBAGE PASS - THROUGH FEE, IN ITS ENTIRETY (AB2017-245) 3. ORDINANCE ESTABLISHING THE TRIAGE CENTER EXPANSION FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR THE TRIAGE CENTER EXPANSION PROJECT (AB2017-246) 4. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, TENTH REQUEST, IN THE AMOUNT OF $197,253 (AB2017-247) 5. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 ZONING AND THE WHATCOM COUNTY COMPREHENSIVE PLAN RELATING TO CUMULATIVE IMPERVIOUS SURFACE COVERAGE STANDARDS (AB2017-195) COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES Donovan reported for the Natural Resources Committee. DISCUSSION WITH WHATCOM COUNTY PUBLIC WORKS REGARDING POTENTIAL FUNDING SOURCES FOR LAKE WHATCOM PROGRAMS (AB2017-251) Donovan reported for the Natural Resources Committee and moved to recommend to the full Council to request the Public Works Department to create and present to the Council a proposed framework for a flood subzone or stormwater utility in the Lake Whatcom watershed, and the Council will determine details once they know how many parcels would be in the district. Councilmembers discussed whether there should be an exemption for people within the district who can demonstrate they don't contribute to the problem. The motion carried by the following Ayes: Brenner, Sidhu, Browne, Nays: None(0) Absent: Mann (1) vote: Buchanan, Weimer and Donovan (6) 347 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 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Buchanan reported for the Committee of the Whole and Special Committee of the Whole meetings. Brenner reported for the Public Works, Health, and Safety Committee. Weimer reported for the Planning and Development Committee. Councilmembers gave updates on recent and upcoming activities and events. ADJOURN The meeting adjourned at 7:33 p.m. The County Council approved these minutes on , 2017. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 338 Regular County Council Meeting, 8/8/2017, Page 6 WHA TCOM COUNTY COUNCIL A GENDA BILL NO. 2017-267 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: y'" � �7 l FR t! �� -, � l�/ �� D 09112117 Introduction Division Head: 09126117 Finance Committee: 1 WHATCOM COUNTY I Lm Council Dept. Head: Prosecutor: 06, 1 OP 11 /1 % Purchasing/Budget: I Ayk� Executive: I L�X q TITLEOFDOCKXENT,• Ordinance amending the 2017 Whatcom County Unified Fee Schedule —Appendix C. ATTACHMENTS: 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 RCW or WCC as 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 ACTION.• 9/12/2017: Introduced 6-0. Weimer absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wauslcouncil. 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: &n"ei It "In_lz Civil Deputy Prosecutor 52017 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair () Approved () Denied Jack Louws, Executive Date: 350 u x G 1; 0 Z a c_ Q o c E o a>) -0O° E r Q) V°� ra Q): O -p V) � V, w e v2o �h a�i�o v ra to = a v ro OQ -0 a Q ' ax- V a (0 uj QV a M a i v c a 0 O 'd a) o C Ln O O C > U v v v Q) v o u Ln o- C o -n 3 c 0) c c 3 in N v rp = v o °' a) tD C O O o •O N > 'O `o v ai Ln v > v t� m> o o-- t o 0 0, m 3 Q o .E � rco ai a �c .v c c 2r v .v c o N , J o i N COQ) C C .0 •v 3 ,c v c ra CSj '0 v N •O ,h .0 vi C ,, c C C E O��•,. CO ,� .0 C\ E C Q1 G� CC ? N O C a `-' l�n C a"'i UG O N QCj "d Q '06 a' @ E 4) N O -0 o~ C N Q "�O a' 4 j o �' o� v' o~ a U� M C �II o) a M'n v Q) s '°Q) o, V Ci v 0 > i V) OO v O 3 o vi V QL M ,C j_.+ Q) a ra C C ry v r�o O CL 'a a N +� C ra ,, - O F V Z7 ,,_, ai `. 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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-B15, FI-F5, 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.° 9/12/2017: Discussed 9/12/2017: Introduced 6-Or Weimer 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. 3b3 WHATCOM COUNTY ` °M Joseph P. Rutan, P. E. PUBLIC WORKS DEPARTMENT �°�y County Engineer/Assistant Director 3 ~ 322 N. Commercial Street, Ste 301 Jon Hutchings Bellingham, WA 98225-4042 Director �gSNING�� Phone: (360) 778-6210 Fax: (360) 778-6211 Memo To: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council Through: Jon Hutchings, Director From: Joseph P. Rutan, P.E., County Engineer/Assistant Director bZ0, Date: August 29, 2017 Re: Six -Year Transportation Improvement Program, 2018-2023 PW Committee Work Session, Introduction, Public Hearing and Adoption Requested Action: The Department of Public Works requests that a Council Public Works Committee work session be scheduled for September 12t", 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. Background and Purpose: Each year the County is required to update its Six -Year Transportation Improvement Program, per RCW 35.77.010 and RCW 36.81.121. The County is also required to prepare a Fourteen -Year Ferry Capital Program each year per RCW 36.54.015 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, 131-1315, 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. 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(n ca m 2 , ; 2! co 0 LL -0 0 of -0 Q) Z3 "0 co > 2 2 LL a) .> 0 g 15 W (o 7� (2 U) - 0 (if (D ca C, 0 0 0 o Z 0 2 t t Co Co a 0 W c 0 ` cn U) - (M C: (D tf 0 co V, 0 0 0 c (D -S; �b E f 0 E c5 -2 -�5 m -�5 co -co - CO) E E a) 2 =0 Co -j M: U) a) U) U) � m 2 -j z -j 0- U) Lu w (D m1—J 2 CJ JQ LL z E L N MI LO CO t-- 00 m N- MV U2 0� 10 w r- of COT I I 0 of 04 M '�I' LO ca"f (D 00 w C) cw, 356 OOO(DOOO (D CD CD m co co co 357 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. "BIRCH BAY NTS STATE PARK cr -a 1 Grandview Rd. C a� E m m Z Y Bay Rd. m � C m � KI M1*1 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 #R2 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 R/W needs, permit requirements and overall project costs. Construction time frame will be contingent on addressing funding needs along with resolution of permitting and RNV issues. Total Estimated Project Cost: $ TBD Expenditures to Date: $ 55,000 Funding Sources: Federal $0 State $0 Local $100,000 (Grant funding will besought) Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) $50,000 County Forces (Estimate) $10,000 SILVER BEACH CY t Donald Av. N. Shore, �„ rars ■ 359 Whatcom County Public Works Project Narrative Horton Road Northwest Drive to Aldrich Road CRP # 916002 Construction Funding Year(s): TBD Project Narrative: This new roadway project is located between Northwest Drive and Aldrich Road in Section 2 of T38N, R2E. The work involves a'/2 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 $0 State ($1,000,000)* Local $157,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A -� _ Ise i ly!' R'i,, S a ' r Wine h • h t . a a ... ,... ��. KING M' IN�. Ir h t {ix NTJ f 9 arr .H..w. ` "... 3eltingharr I ..Rd.... Int i ;� o g Airport Sakerview„Rd l 1 Bakeirview Rd is,..,., _ Mail, i I VcLeod Rd ' .rho o Ave 000ft, Whatcom County Public Works Project Narrative Slater Road and Northwest Drive CRP # 914001 Construction Funding Year(s): TBD Project Narrative: The intersection of Slater and Northwest Roads is in Section 2 of T38N, R2E. 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. Total Estimated Project Cost: $21,000,000* `Includes Project #5 Expenditures to Date: $0 Funding Sources: Federal $0 State $21,000,000* 1 1 Local $50,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) NIA Stater Rayhorst Rd. Larsen Rd. Larson Rd. �nsetAve. Lange Rd. Slater Rd. c c JM�arietftta Av. Last Lk, )31 oe , c Bellingham C InVI i Airport Country Ln. P io 361 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 nilrr�t''¢, • { i Ltc '� Smith Rd rson Lars( Lai�d . SunsetA'°ve. Lange RqE d. Sdater'Rd. 1 Rayhorst" �.... z . Rd""'"-' 5h R� �O' 04 ....r,: 01 �a atarietta ev. Lost Lk. 6 iC to pit Z %C3 Skagit 8- Bellingham w1 - a tnt'l'e Ket 63- ,Airport j Country Ln I W Bakerviev _... _.f. =ter .., _. ayori .a 000% 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. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $50,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A E: i Lk. ,. W; Smith Rd: Rd. E Smith Rd_ _I S � Larson � Larson Rd,�' CO Sunset Ave. Lange Rd.` Kelly; Rd''; ��' Suter hd. Rayhorst, —Rd--"A ,� Sha �R$ 1; Y jl W .,—..—_..7 y�yy , 6n Rd, Man etta A y� '2 Lost Lk.' N �CX .�_. Q. 4�LiP ! � mNTS d Skagit i � ktt Benlfghamellogg Rd i..,._3 Airport i a � Country Ln j i akerview Rd E; Bakerview Rd �Bayon' 363 Whatcom County Public Works Project Narrative Smith Road & Northwest Drive CRP # Not Assigned Construction Funding Year(s): 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 scoped. 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 ry L Axton Rd.. W. Axton Rd. it E c Sri�ith Rd. W Smith Rd w L rson did. Larson Rd. j 34 , —36 Sunset Ave. Lange Rd. N 39 Slat �R� i j NTs ri Kell �Rd. e� Slater Klin 0e 3 G► O 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. Total Estimated Project Cost: $350,000 Expenditures to Date: $30,000 Funding Sources: Federal $ 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. G& 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 resurfacing 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. Total Estimated Project Cost: $1,460,000 Expenditures to Date: $60,000 Funding Sources: Federal State Local $1,400,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 0 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 0 Whatcom County Public Works Project Narrative Lummi View Drive Bank Stabilization CRP # 908001 Construction Funding Year(s): TBD Project Narrative: This project is located in Section 2,T37N, R1 E. This project 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. Total Estimated Project Cost: $TBD Expenditures to Date: $2,500 Funding Sources: Federal $0 State $ Local $30,000 Environmental Permitting SEPA, CLR/CAO Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Pt. Ae9igley Li1ti+1MI NATION a n• 4 Smokehouse Rd. Ss Lummi Pt. a+w 38 N �. - .. i Getiery' 37 t , Rd. R11` IN€_Centerview cars ger dye, Bay Rd. �> ' �. l9pe `. Legoe Bay ,�w, y The Portage 4 4�a m y i n- rr. al PORTAGE ISLAND _ Sunrise Whatcom County Public Works Project Narrative North Shore Road Bellingham City Limits to Y Road CRP # 902007 Construction Funding Year(s): TBD Project Narrative: This project is located in Sections 25 and 26, T38N, R3E. The work will involve improvements to a 2.87 mile section of the North Shore Road from the Bellingham City Limits to 'Y' Road, including: various 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 R/W issues associated with the final selected sites. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $10,000 (Grant funding will be sought) Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A gg s iti_,n s SILVER Academy. Rd"• " ;,,Donald Av. 7 g r y ,y ..'. N R12� Agate'Bay j7 s � � 9 i ■ +. t NTS GENIEVA ' ii R ; FrGmo nt Sir. G.._�0 ui 7 S JQQ'd 369 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: $4,000,000 Expenditures to Date: $2,000,000 Funding Sources: Federal $0 State $0 Local $2,000,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Due to the nature of this item, no map exists. Location of the new transportation projects will be determined in 2017. 370 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 T41 N, R3W. The proposed improvements would be specific to area needs and the development of projects to be funded by the Pt. Roberts Transportation Benefit District. This project is listed #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. Total Estimated Project Cost: $150,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $150,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 371 Whatcom County Public Project Narrative Slater Road/Haxton Way CRP # 917002 Construction Funding Year(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. Total Estimated Project Cost: $ TBD Expenditures to Date: $ 5,000 Funding Sources: Federal State Local $70,000 Environmental Permitting HPA, SEPA, Sec 404, NEPA Right -of -Way Acquisition (Estimate) $ TBD County Forces (Estimate) TBD eeo IILLIPS amnman Rd. 6) Ulrick Rd. LrRd M 1i 01 wI 0 Of %N inan[ Lk. 372 Whatcom County Public Works Project 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 Total Estimated Project Cost: $1,450,000 Expenditures to Date: $1,600 Funding Sources: Federal State $1,000,000 (RATA) Local $450,000 Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A <i a. Z ` LU R16 C ith Rd. to a � � � I I o Harmony Rd. p z _r.. Kelly Rd. Huntley Rd. �' _ Lee Wy. „t VAN {WYCK Mt��Q , ahcuin Cr ! Squ SqualicO Lk. c CEDARVILLE ' ° ��rnWY a i 0 n of 373 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. Total Estimated Project Cost: $TBD Expenditures to Date: $14,000 Funding Sources: Federal $1,000,000 STBG available in 2021 State $ Local $150,000 (in 2018) Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A i Bellinger Rd. E_t� , f ;"E. Smith RAJ. � f Son Rd - 3 � .. elly`Rd'.s 1 Rd. LL th 0 Harmony Rd. 3 NTS ,. j c g. c t ^� Van Wyck Rd VAN fiVVYCK d i 374 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. Total Estimated Project Cost: $910,000 Expenditures to Date: $0 Funding Sources: Federal $910,000 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. 375 Whatcom County Public Works Project Narrative Birch Bay Drive — Jackson Rd. to Shintaffer Rd. CRP #Not Assigned Construction Funding Year(s): 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: $1,170,000 Expenditures to Date: $ 0 Funding Sources: Federal $ 0 State $ 0 Local $1,170,000 Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) $0 County Forces (Estimate) TBD 12; fahmo` € �a �o —�� m 0 o a Nicole Ln �o d c 17 eh 43 NTrailR LincolnRd.> 1• Looms Trail Rd. Loon a Fleet Rd. 376 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, R5E. 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. Total Estimated Project Cost: $ TBD Expenditures to Date: $0 Funding Sources: Federal $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 ACME 3 f4 '� l e 377 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 upgrades, and storm water quality and quantity treatment. This project is listed #R21 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, 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 OOF 'ma x Hoyt-6 ' t d gale 1't Lincoln Rd.� ..Y Fleet d. (D cYe s .. d. Rd. IV 77Anderson I Yi CO NTS } Cottonwood Beach 1 l Birch Bay _ L, [ BIRCH BAY �m a, M*1 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 Y2 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. 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 NS l:. 379 Whatcom County Public Project Narrative Hemmi Road Flood Mitigation CRP # 916007 Construction Funding Year(s): TBD 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. Total Estimated Project Cost: TBD Expenditures to Date: $70,000 Funding Sources: Federal State Local $250,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD „w — t e� mm� —._-- Fountain Lk. � v y � m § &.. O d "' E. Pole Rd i1e C,r F° n Rd. 1' EVESiG}N��i �E Cole Rd. rH Q H_ u3 � Ten Mile Rd, R23 E. Hem Rd. Fazon Lk. r E. Laurel Rd. I q � e a NTS x 9 O^ O tieliinger Rd GCri ._. J, A O rY o. `LIL �' 0 Whatcom County Public Works Project Narrative Innis Creek Road CRP # 915014 Construction Funding Year(s): TBD Project Narrative: This project is located northeast of Wickersham in Section 29, T37N, R5E. The work involves raising a quarter mile section of Innis Creek Road to mitigate flooding issues. This project is listed #R24 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. Total Estimated Project Cost: TBD Expenditures to Date: $ 40,000 Funding Sources: Federal $0 State $0 Local $10,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 'IT, Park Rd. gngero� 1 Y G 0' c E a p Doran Rdll 9� COCO € o a it R24 Hatchery M-04 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 Funding Sources: Federal $ State $ Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Larson Ind. e 0 Sunset Ave. Lange Rd. I * s0 i a e R�d 4 e i C .� 70 O .0 R i r e to Av.? 3st Lk. t NTS - R25 Bellingham: A'srport Country Ln IT l L* 0 CL LU Egg Rd rvre�w R� Kel KING MTN. BakervNew Rd 382 Whatcom County Public Project Narrative Lakeway Drive Corridor Preliminary Engineering Study CRP # Not Assigned 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 )onald Av. y N. Shore I j 1*141 Whatcom County Public Project Narrative 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 Slater'Rd. ? r s 12 ----- Vi' � Slater Rd � --•'"—---_-,, """ y -- ---- i3 -- Ra h°r :t c` e Rig. c`D Sha O o ^ Kline f Z m on . Rid ca O'w--....,� w. ti G Marietta Av. 4 ..i �� f�� Lost Lk. o cp a z� KING MTtd O € Cy Skagit A K P —. w. , �¢ Bellingham _ m_w , 1nt'I Kellogg Rd� _ _., .w. � Airport � Country Ln.W Bakerv�ew Rd E. Bakerview Rd, o Rd. $ ,cr O r 70o ¢ m" Note R27 Fair v _ r Q r Mall rx -14.Cl°eod `' wOod •WAve� .: F� r -,.«....... . i\� W 9ye woodNy � Squalicum Cr.,w w m NooksaoA c 3'' �`° c� 3 m tv . ttD -� € �unse 1 �l 0 `� z c.cy7p,p y Alabama Sty 3 4'PC h D Fa a � E r ca towaSt r Squalicu-n HarborMZILy Whatcom County Public Project Narrative Ferndale Road/Levee Improvements CRP # Not Assigned Construction Funding Year(s): 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) $ Mtr N hfTS Lampman Rd. 36 # paradise Rd. 19 20�22' 21 u gym. -ERNDALE� _fir Ma nist., Barrett\' �c I Maw �. n ir 28 Y v 27 Ulrick Rd. R28 lennar7t L_k. E 32 �y o > 3 r. LL CO —J li Sunset Stater Rd. LW Rayhorst Rd. 2 Q 5 fi"gt St) aCV, 4 Z �a t Rd. later','Hd. ., ,. �� _ 385 Whatcom County Public Project 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) $ a , . %. Lindsay Rd. . MaiAS, t.1W sloo 4 p�LYNDEN.�� Katc1 9h i' o(V Hamp �_ton Rd. ,ok'Rd. -. Timon Rd. a Tom Rd. _..� Pounder Rd. �Ge NO rr I _ I a' � Abbot Rd. O.f- Stickney � NOOKSA�C 59 v R29�' e CK R1VE,A is. Rd. Scott Ditch Nolte Rd. o s Van Dyk c I Lk. Rd. Rd. 1 � W�Sers Van DY k Rd. r o __.— — -- — — - -- — — — tRd 1 Wiser Lk. Fountain Lk.- �VERSONt '�" Ef. BartletfRd. € m�ai e X Whatcom County Public Works Project Narrative Northwest Drive, City of Bellingham to Axton Road Structural Overlay CRP # Not Assigned istruction 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. Total Estimated Project Cost: $1,500,000 Expenditures to Date: $0 Funding Sources: Federal $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 —E JET �eG` F` paradise Rd.' .• W. Laurel Rd. '- Barrels,, In ° W.P ♦p x'on R8. n.o- naiit ". W. Smith RJ o^ c m y� � � �°-. � Larson Rd. y y 9 a SUnset A Lange Rd. R30 --- V�' c gh- fvlariett� Av. v` f�a � Lost Lk q Skagit )0U 4 Bellingham 4 > Inti T� Airport Country Ln.m Of BRd n Qdi c E. Laurel Rd. z Bellinaar Rd NTS N zF. an W,yck Rd. Substation 0 Whatcom County Public Project Narrative Slater Road/Jordan Creek Bridge CRP # 915007 Construction Funding Year(s): 2017 Project Narrative: This project is located on Slater Road in Section 34, T39N, R1 E. This project will replace an existing deteriorated, fish impassable arch culvert conveying Jordan Creek beneath Slater Road with a new bridge. The project is listed #131 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Design work and permitting complete. Construction started May 2017 and is expected to be complete in late 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) U:1:7 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 May 2012. Construction pending acquisition of BRAC funds. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $20,000 Environmental Permitting HPA, NEPA Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD i�: Ai rp ort 777" � Co un try Ln L �M v -40��. ti Aide ood Rd B2 ,,., w....... f d. i3akerv�ew Rd. a all 3 o � a� � � m y Iicurn yeti J y J .(j.,. 3�Alabama$St r Y Ef- 3t t, ltowa"St i....,. I d"HA M _. ;F ;Lake A.- r A " L is C, 389 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. Total Estimated Project Cost: $ TBD Expenditures to Date: $ 0 Funding Sources: Federal $TBD State $TBD Local $220,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 390 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. 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) TBD y 41 VAN V �: .. y ZANDT 54 z C71 4� sc\ t lid, N Q� ut I ITS VAN ZANDT DIKE s �r Mosquito Lip. I Belfiraohal Water �UJP�fa dP, Fork � 1 1 11, 00 , 0 4&�C'kRiver c� Jorgensen Lei. Strand Ind. i 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 #1135 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. Total Estimated Project Cost: TBD Expenditures to Date: $250,000 Funding Sources: Federal $7,813,160 (BRAC) Applied for in 2017 State $0 Local $750,000 Environmental Permitting TBD Right -of -Way Acquisition TBD County Forces TBD N NTS 00% 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 #1136 on the 2018-2023 Six Year Transportation 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 "Bar#l5tt'R7d" i E LL E. Pole Rd. SR 544 2 TT Green �.k Beard Rd. Cr. �i <�"e ' Central Rd. 6 tTS t Ten Mlle Rd. na ' E. Hemmi Rd. E. Hemrni Rd_ e LAUREL � E. Laurel Rd. I Whatcom County Public Works Project Narrative Roberts Road/Anderson Creek, Bridge No. 249 CRP # 915020 Construction Funding Year(s): 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. 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. Total Estimated Project Cost: $2,145,000 Expenditures to Date: $295,000 Funding Sources: Federal $1,387,170 (BR) State $0 Local $757,830 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Fazoo Litt. ,�Rd. C)sgood Rd. �.� *;c t GOSHEN en Rd. E. T off Rd,osh - H HB7 NTS a> M, a) All $ o l J CL C: CEDARVILLE 0 zL ID > Z7' E. Smith Rd. u Q 0 1 542,) • Whatcom County Public Works Project Narrative Massey Road/Sumas River, Bridge No. 291 CRP # 915016 Construction Funding Year(s): 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 #138 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting is underway with construction scheduled in 2018. Total Estimated Project Cost: $235,000 Expenditures to Date: $25,000 Funding Sources: Federal $0 State $0 Local $235,000 Environmental Permitting HPA, SEPA, Shorelines Right -of -Way Acquisition N/A County Forces (Estimate) $200,000 y. i x South Pass Rd. K ,.M � � Hughes Rd. 0 (Y, z assey Rd. EVERSON B$ Gilmore Rd. N ;c c ,? cars ,..E 08 Cabrant Rd. Cole Rd. Mack Rd. . date Hopewell Rd. K&m 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 #139 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 $1751000 (BR) State $0 Local $80,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 9 C1 E F N Ts SR 54 69 .� E. Main St. LYNDEN Tromp Rd. 396 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 #1310 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2020. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $20,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD IO oars ry tqC 0 0 E. Smii Rd. CEDARVILLE L> 9- iE cap a. (D 'Dsgalo.d Rd. E Hoff Rd. `c LA MOM Whatcom County Public Works Project Narrative Slater Road / Nooksack River Bridge No. 512 Overheight Detection CRP #914013 Construction Funding Year(s): TBD Project Narrative: This project is located on Slater Road at the Nooksack River in Section 6, T38N, R2E. This is an overheight detection/warning system project. The project is listed #11311 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 Funding Sources: Federal $0 State $0 Local $20,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A C M i N ears 398 Whatcom County Public Project Narrative 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. 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 Central Rd. Ix CL Geor m FL ?n �N Fazon Lk. Marti "x Martin' Rd. ' Osgood Rd. ., Ton"" o B12 O, GOSHEN� Goshen Rd. E Hoff Rd. Ha' �ica`� LAWRENCE ' = V o tdTS < CEDARVILLE D prLo ¢Ch VVY > m N W E. Smith Rd. s a 542 ) a ca �a 399 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 #11313 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin 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 _Ti OCO LM [ SR 546 CO as � cu cIa 6 C3 Loolis3rail Rd: CO IM E. Main St B13 .� L`e`NDEN — �. � 0 n Tromp Rd. 7 0 m Birch Bay - Lynden Rd. Kok Rd M 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, R5E. This project is to replace the existing 31-foot structurally deficient bridge. This project is listed #11314 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin 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 401 Whatcom County Public Project 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: 1 Preliminary design and permitting to begin 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 Fazon Lk. Martin Rd. v r Goshen Rd. B15 i01 m o ._ tt d $CEDARVILLE a �' fr $E. Smith Rd. s 3 �< co 1 Eberl%Rd. p � cony Rd Kelly Rd. n 402 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 Funding Sources: Federal $0 State $0 Local $5,000 Environmental Permitting None Required Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A MN Whatcom Chief 403 Whatcom County Public Works Project Narrative Ferry Terminal Electrical Project CRP #916020 Construction Funding Year(s): 2017 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 Expenditures to Date: $320,000 Funding Sources: Federal $ State $ Local $350,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A KID 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 405 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. Total Estimated Project Cost: TBD Expenditures to Date: $125,000 Funding Sources: Federal $120,000 (FBP) State $ Local $30,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A M Whatcom County Public Works Project Narrative Replacement of the Whatcom Chief CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project involves replacement of the current ferry to Lummi Island, M/V Whatcom Chief. This project is listed #F5 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: $350,000 (approx) Funding Sources: Federal $0 State $0 Local $10,000 Environmental Permitting None Required Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) None Required M/V Whatcom Chief 407 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- 2023 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. a(D] Whatcom County Public Works Project 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: N/A. Funding Sources: Total Estimated Project Cost: $180,000 Federal $0 Expenditures to Date: 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. e Whatcom County Public Works Project Narrative_ Unanticipated Site Improvements CRP # Not Assigned Construction Funding Year(s) 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. Funding Sources: Total Estimated Project Cost: $1,800,000 Federal $0 Expenditures to Date: State $0 Local $1,800,000 (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. 410 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. Total Estimated Project Cost: $345,000 Expenditures to Date: Funding Sources: Federal $0 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. 411 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 design and construction of projects will occur yearly as the needs and locations are determined. Total Estimated Project Cost: $600,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $600,000 (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. 412 Whatcom County Public Works Project Narrative � _ __ Fish Passage Project CRP #912014 LConstruction 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. Total Estimated Project Cost: TBD Expenditures to Date: N/A Funding Sources: Federal $0 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. 413 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 projects will be initiated in 2018 and extend through 2019. Total Estimated Project Cost: $600,000 Expenditures to Date: Funding Sources: Federal $0 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. 414 Whatcom County Public Works Project 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 projects is on -going. Negotiations with BNSF will be a factor on timing and cost. Total Estimated Project Cost: $120,000 Expenditures to Date: - 0 - Funding Sources: Federal $0 State $0 Local $120,000 (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. 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Q E,H 63 63 63 63 63 63 63 6) 63 63 63 H3 63 63 63 63 +� C O O O O O O O O O O O O O O O O O E Q O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O J d O 63 O 63 O 63 O 63 O Efl O (!) O Efl O CH O fA O 6CEfl O O O 63 Cl O O Efl O 63 p r N N CD It M O O O CD r 1- M O LO N 00 y CND M M r N r O M N N M M It It LO O r d x0 r r r N N N N N r N . N . N N N N p 3: O O O O O (D O O O O O O O O O O O Z 63 63 6) 63 63 63 61} 63 63 63 63 63 63 63 63 63 63 p I- I- O LO O CD i- O CO M N LO M t- t- N M p O I` r I- O O r Ln r 't LO 't r O I- O CD O r r O LC) O O CM LC) O CM o0 CD O r cr I` O M p p C)O r r O r O r CDr r r r r NM r r M r CM r CM r d' r c} r -t r LO r LO r H} 63 63 � 63 63 63 63 63 63 63 6) 63 63 63 63 6- I- 00 O O r N C'') ,I- Ln CD r- 00 O O r N M ` N O O O C) Cl C)O r r O r C)O r r C) O O O O O N O N O N O N O d N N N N N N N N N N N N N N N N N m cv m co m m m m m m a a a a a a a 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 SR 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 Pail 9 of 6 2017 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 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 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 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 (FFC): 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors 420 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 PaVIof6 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 422 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 Lake Terrell Road Pole Road (W) 1-5 Beach Way Seacrest Drive SR 546 Jensen Road Blaine Road State Park (north gate) Lynden C/L Bellingham C/L Harksell Road Loomis Trail Road Northwood Road Delta Line Road Bellingham C/L Birch Bay Drive Nims Road MP 0.81 North Telegraph Road Goodwin Road Sweet Road SR 542 Bellingham C/L Creasy Road Valleyview Road Bay Road Loomis Trail Road Terrace Avenue (N) Meadow Lane Scenic Estates Elderberry Lane Silver Lake Road Hampton Road Cable Street Northwest Drive MP 3.93 Sorenson Road Smith Road E Hemmi Road (E) Hannegan Road Van Buren Road Hannegan Road Hannegan Road Main Street Length 0.50 2.00 0.62 1.87 0.75 1.00 1.87 0.85 0.76 0.52 0.09 1.79 1.01 1.66 2.01 3.20 0.57 2.90 0.81 0.47 1.23 0.52 2.55 1.48 0.77 1.24 1.00 1.00 0.63 1.37 1.21 1.49 4.99 1.09 0.37 0.86 3.93 1.12 2.27 2.07 1.97 0.31 1.96 0.40 0.74 FFC 7 7 8 8 8 7 8 18 17 16 17 17 8 7 7 8 17 8 8 8 7 7 8 16 8 7 7 8 16 8 8 17 8 7 16 16 7 8 7 7 8 7 7 7 8 Federal Functional Classification (FFC): 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors PAV � 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 424 Page 6 of 6 Whatcorn 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 fulfill requirements of the Washington Administrative Code (WAC) 136-20- 060. This WAC requires the County Engineer's report of bridge inspections as follows: "Each county engineer shall furnish the county legislative authority with a written 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: Steve Dillon Bridge Inspection Team Leader Reviewed by: James E. Lee, P.E.�� Engineering Manager — Bridge & Hydraulics \ rt Approved by: •J)-C' -3 ''k-1, 1 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 30 426 WAC 136-20-060 and signature page ........... ................. .............. ............ ........................ ......... .... ........................ i Tableof Contents.............................................................................................................................................3 Acronyms.................................. ....................................... ........................ ,......:....... ...,........,................ ....... ............... 4 Whatcom County Bridge Location Map. ExecutiveSummary .........................................................................................................................................6 Bridge Inventory Summary, ......... ................................ ....... 7 Bridge Inspection, Findings and Recommendations..................................................................................................9 Load, Height and Width Restricted Bridges ................... _..,...... ... .......... --- ............ ,......... ......... .........., .....,,11 Bridge Replacement and Rehabilitation Plan for Deficient Bridges .............................. ................................. ............ ....12 Maintenance and Repair Activities.................................................... .....................................................................15 Glossaryof Bridge Terms..................................................................... ...............................................................17 Appendix A - Whatcom County Bridge Inventory ...... ...... ....... ........... ...................... I.........,......,................................21 Appendix B - Large Culvert Inventory ....................... ............. ........... ...........,................................., .................. ,.....26 Page 3 of 30 427 Acronyms The following is a list of common acronyms widely used in the bridge inspection field; DT Average Daily Traffic BRAC Bride Re lacement Advisory Committee PHWA Federal Highway Administration FO Functionally Obsolete HBRRP Highway Bride Replacement and Rehabilitation Program NBIS National Brid a Ins ection Standards SD Structurally Deficient SID Structure Identification Number SR Sufficiency Rating UBIT Under Brid a Inspection Truck AC Administrative Code _Washington WSDOT Washington State Department of Transportation Page 4 of 30 Page 5 of 30 429 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 30 430 r romay'Valtem! 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 Creek 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. Gooseberry Point Terminal Page 7 of 30 431 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. 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 30 432 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 » 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 30 433 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. Exhibit "A" - Master List of Special Inspection and Equipment Needs Page 10 of 30 434 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 1 MARINE DR ACCESS ' RD CREEK Yes OLD RR. 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. TRIG. 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 132 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 S07A LUMMI 1S FERRY RTE HALE PASSAGE 14 Yes 510 COAL CREEK RD ALLOP CREEK P 14 512 SLATER RD OOKSACK RIVER 15103" Page 11 of 30 435 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 (BRAG funded) 3. North Lake Sam ish 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. Potter Road/SF Nooksack River Bridge No. 148 Page 12 of 30 436 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 30 437 Exhibit "C" - Structurally Deficient Bridges 50 BERTRAND CR 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 36.88 Monitoring Deterioration 249 ANDERSON CR Timber Cap Section 39.86 Construction Loss Scheduled 2018 j 1 LITTLE Delamination of 40.38 Monitoring SQUALICUM Deck, Cap Beam Capacity 291 SUMAS RIVER Concrete Channel 42.72 Monitoring Beam Deterioration 497 BERTRAND CR 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 107 North Lake Samish Timber Girder 14.02 TS&L Study 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-CFLITD-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 Maintenance and Repair Activities The majority of bridge repair and maintenance work is done by W hatcom 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 13 BARRETT CREEK Remove Log Jam January2016 1 BNSF RAILROAD Guardrail Repair January 2016 252 NOOKSACK RIVER Guardrail Repair January 2016 497 BERTRAND CR TRIB Curb Repair January 2016 497 BERTRAND CR TRIB Bridge Rail Repair 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 Install Earthquake Brackets February 2016 82 TERRELL CREEK Install Earthquake Brackets February 2016 82 TERRELL CREEK Approach Repair February 2016 107 LAKE SAMISH Repair Weight Restriction Sign March 2016 236 TEN -MILE CREEK Deck Patch April 2016 249 ANDERSON CREEK Re -Torque and Grind Bolts April 2016 30$ SUMAS RIVER Re -Torque and Grind Bolts April 2016 101 CALIFORNIA CREEK Spall Repair April 2016 82 TERRELL CREEK 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 Me 410 HENDRICKS CREEK Pothole Repair July 2016 m 331 3 SUMAS RIVER NOOKSACK RIVER Pothole Repair Log Jam Removal July 2016 July 2016 252 NOOKSACK RIVER BioSwale` Maintenance August 2016 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 August 2016 313 SWIFT CREEK Remove Sediment from Bridge 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 503A/507A NF NOOKSACK RIVER FERRY — LUMMI/GP Install Survey Targets for Monitoring Dry Dock Prep September 2016 September 2016 Page 16 of 30 .W 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 SUPERSTRUCTURE DUWOKMM OFCK - --_ AB#rGOW aFAts a ' ArMOM r Page 17 of 30 441 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. Coln mn 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 a bridge that provides direct support for vehicular and pedestrian traffic. Deck bridge -a bridge in which the supporting members are all beneath the roadway. Deck truss -a bridge whose roadway is supported from beneath by a truss. Diagonal - a sloping structural member of a truss or bracing system. Elastomeric pads - rectangular pads made of neoprene, found between the sub -structure and superstructure that bears the entire weight of the superstructure. Elastomeric pads can deform to al- low for thermal movements of the superstructure. End wall -the wall located directly under each end of a bridge that holds back approach roadway fills. The end wall is part of the abutment. Expansion joint -A jointdesigned to provide means for expansion and contraction movements produced by temperature changes, load, or other forces. Fatigue -Cause of structural deficiencies, usually due to repetitive loading over time. Footing -The enlarged, lower portion of a sub- structure that distributes the structure load either to the earth or to supporting piles; the most common footing is the concrete slab; "footer" is a colloquial term for footing. Fracture critical member -a member in tension or with a tension element whose failure would probably cause a portion of or the entire bridge to collapse. Girder -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 30 442 Member —an individual angle, beam, plate, or built piece intended to become an integral part of an assembled frame or structure. Oscillation —a periodic movement back and forth between two extreme limits. An example is the string of a guitar that has been plucked. Its vibration back and forth is one oscillation. A vibration is described b y its size (amplitude), its oscillation rate (frequency), and its timing (phase). In a suspension bridge, oscillation results from energy collected and stored b y the bridge. If a part of the bridge has to store more energy than it is capable of storing, that part will probably tail. 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 NBIS span length of 20 feet or less. They are typically supported by timber piles 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 alloyof 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 I H (abridge 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 30 443 Substructure -the abutment, p i e r s, grillage, or other structure built to support the span or spans of a bridge superstructure, and distributes all bridge loads to the ground surface. Includes abutments, piers, bents, and bearings. Superstructure - the entire portion of a bridge structure which primarily receives and supports traffic loads and in turn transfers the reactions to the bridge substructure; usually consists of the deck and beams or, in the case of a truss bridge, the entire truss. Tension - type of stress involving an action which pulls apart. Tie - a member carrying tension. Torsion - a twisting force or action. Truss bridge - a bridge having a pair of trusses for the superstructure. Upper chord -the top longitudinal member of a truss. Web -the portion of a beam located between and connected to the flanges. Welded joint - a joint in which the assembled elements and members are united through fusion of metal. Wheel rail -a timber curb fastened directly to the deck, most commonly found on all -timber bridges. Wing wall -walls that slant outward from the corners of the overall bridge that support roadway fill of the approach. Page 20 of 30 .M Appendix "A" - 2016 Whatcom County Bridge Inventory; 161 Bridges (21 Short Spans) 1 LITTLE SQUALICUM 1933 270 35 3796 NINE 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 2S.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 DRAYTON HARBOR 1933 104 25.5 5082 3 �38 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 82 -JACKSON RD. TERRELLCREEK 1975 1987 62 50 2 5.5 46.9 977 2766 4 3 86 DAKOTA CREEK 1956 18 36 1245 3 87 DAKOTA CREEK 2005 53 37 729 4 88 S. FORK DAKOTA CR 2005 53 37 729 4 89 DAKOTA CR. 1950 31 25.5 644 3 Page 21 of 30 445 . ....... ..... . 90 COUGARCR mgmmman 1947 �pq 19 25.5 433 2 91 DAKOTA CR TRIB 1906 50 25.5 150 4 92 DAKOTA CREEK 2000 55 32 720 4 94 COUGARCR 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 SAM ISH 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 NPRR 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 13�4 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 32.2 818 21 159 DOREN RD 1958 19 29.5 224 3 162 OLSON CR 1940 19 25.5 1171 99 163 DAKOTA CR TRIB 1954 i 31 25.5 J__�13 5 Page 22 of 30 MAN OWN 164 DAKOTA CR I Z, �11 1950 31 25.5 813 5 170 N. INNIS CREEK 1999 31 25.5 180 4 172 GN RR OVERPASS 1940 196 32.3 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 4 250 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 SUMAS RIVER 1997 75 31 267 4 ::� —3 307 SUMAS RIVER 1953 60 25.5 1032 4 308 SUMAS RIVER 1947 69 25.5 261 2 Page 23 of 30 447 o' "l, 8''r, 309 Rr SUMAS RIVER 1932 76 "itto", -lttu 25.5 269 IBM 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 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 1946 84 27.5 1112 2 495 SOUTH FORK DAKOTA CREEK 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 1 99 505 SKOOKUM CR 1980 101 26 100 99 506 JOHNSON CR 1944 72 14 25 99 Page 24 of 30 M111-01 507 LUMMI ISLAND FERRY SLIP 1978 96 's t 17.5 1100 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 is 99 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 a, K Appendix "B" — 2016 Whatcom County Large Culvert Inventory Y,.,'`gr,: `. „.A. y�'a,`'-rL �,S(.'.e zr'L. yea. Y� `"%d'P✓ c" �SE^i..�. .� '.,l .r�-� ✓�"� fi i :�`5 % �'+` cc �„ "�"',., ; , ARNIE RD "'l 2 .X'+ 4 �.':s.-;,,`- Cy it .;. x' =v,ai'�2-q. aS�1�.Y� a, 1.62 c`^'3 �' .✓'F- / z 1t S�v �. n�`�� `.fn:.,=``\ k' �'3y .tS . - w�Xyi'N�� b,-c,S�fii''%' �lw"xi cx� �7£' I'i UNKNOWN /-mi-.c �`��u%" YC4' � F3 Z �� wi 'E"q?•f BOX .rz- ,. ;.r, , ,ass`".- . '�,,"%v?�. na '?l' ,57b.�',^ .. s ... ��` PCC ' .� `Y '� � ' '..a� 72 �� v"N,� �N�' 8 ASSINK RD 0.629 Unnamed SQSH CST 44 7.5 BARBO RD 0.503 VAN VOLKENBERG CREEK RND PCC 51 5.0 BAY RD 4.540 UNNAMED ARCH CST 90 7.5 BIRCH BAY LYND£N RD 9.080 UNNAMED RND PCC 117 6.0 BLUE CANYON RD 0.623 BLUE CANYON CR RND CST 41 5.0 BLUE CANYON RD 0.973 UNKNOWN RND CST 57 5.0 BROWN RD 0.9 TERRELL CR RND PCC 58 6 CHASTEEN RD 0.499 UNNAMED RND PCC 41 5.0 CLARKSON RD 0.4 Unnamed RND PCC 77 6 CLEARBROOK RD 2.304 BONE CREEK RND PCC 37 6 CLIPPER RD 0.189 Unnamed BOX PCC 42 6.0 CLIPPER RD 0.590 Tingling Cr BOX PCC 42 6.0 COAL CREEK RD 1.240 DAVIS CR RND CST 78 5.0 COAL CREEK RD 5.510 UNNAMED RND CST 51 5.2 COAL CREEK RD 0.790 UNKNOWN RND CST 61 5.0 CORNELL CREEK RD 0.360 Unknown SCISH CST 36 9 CUSTER SCHOOL RD 2.270 Unnamed ARCH CST 47 9.0 CUSTER SCHOOL RD 0.322 UNKNOWN RND CST 50 6 DEWEY RD 1.231 SQUALICUM CR RND CST 73 6 DEWEY RD 1.23 SQUALICUM CR 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 30 450 d X sh C� Jl.. rv1 JAL-.; y. 'y?✓Jy y`r✓',S Q /. �"� 7... "'� y.z'T y "fic"Y"a&M 'a:,l'� S !", Jks �{ -* s r & f a�i y "4 Wiz. �F.'y? t kv..i�4�✓ E PRAIRE RD 0.501 DOUBLE DITCH BOX PCC 58 6.0 E PRAIRE RD 0.499 DOUBLE DITCH BOX PCC 58 6.0 EAST RD 0.136 DEER CR RND CAL 60 5.0 FOX RD 1.21 UNKNOWN RND CAL 43 6 GILES RD 0.104 Unnamed ARCH CST 72 5.5 GLENHAVEN DR 0.119 SILVER CR BOX PCC 50 8.0 GOODWIN RD 0.687 GOLD CREEK BOX PCC 41 6 GOODWIN RD 3.178 DALE CR RND CST 71 6 GRAVELINE RD 0.486 SILVER CREEK RND CST 122 8 H STREET RD 5.231 UNNAMED SQSH CST 50 6.0 H STREET RD 0.737 JACKMAN DITCH RND CST 40 5.5 HAM RD 1.830 TARTE CREEK RND CST 44 6.5 HAMPTON RD 4.785 JOHNSON CR RND PCC 98 6.5 HARVEY RD 0.740 SPOONER CR RND CST 95 5.0 HAYNIE RD 0.872 Unnamed RND PCC 105 5.0 HILL RD 0.554 BONE CREEK RND CST 41 7 HOIER RD 0.146 Unnamed RND PCC 84 6.0 IMHOFF RD 0.03 LUMMI RIVER SQSH CST 71 9 ISLAND DR 2.03 UNNAMED BOX PCC 40 6 JONES RD 4.63 ARNOLD SLOUGH RND CST 44 6 KICKERVILLE RD 3.1 TERRELL CR BOX PCC 67 8 KWINA RD 0.45 UNKNOWN BOX PCC 67 6 LAKE LOUISE RD 2.063 UNKNOWN RND CST 70 6.0 LAKE LOUISE RD 1.454 UNKNOWN BOX PCC 59 6.0 LINDQUIST RD 0.100 CARPENTER CREEK RND PCC 67 5.0 Page 27 of 30 451 %�� .,,��>� ..3 � oJ �, P,�: LINDSAY RD �yl{� �:l Ll'? 4.42 � S ,a"y. Y � ��r�� "' j KINNEY CR �C' r. 's � 'Kzkf,.. RND � `2 � � �.%'T�^ y`��`� CST ✓ � ` �hC:. 40 .;L P 2ryF3 1.�' �S �'!><••"�iy 8 LINNEL RD 0.307 Unknown SQSH CST 35 6 LOOMIS TRAIL RD 1.450 UNKNOWN RND PCC 58 6 LOOMIS TRAIL RD 4.200 MCCLELLAND CR RND PCC 101 6.0 MASSEY RD 0.375 GOODWIN CREEK RND CST 29 6 MOSQUITO LAKE RD 0.808 Unnamed RND PCC 60 5.0 NIMS RD 0.43 ARNOLD SLOUGH RND CST 60 8 NOON RD 8.071 SCOTT DITCH BOX PCC 51 6.0 NOON RD 6.721 UNNAMED ARCH CST 40 6.0 NOON RD 2.537 UNNAMED ARCH CST 44 7.5 NOON RD 0.379 UNNAMED RND CST 45 5.0 NOON RD 0.610 MCCORMICK CR BOX PCC 43 6.0 NOON RD 1.744 UNNAMED ARCH CST 50 7.5 NORTH FORK RD 0.948 Kenny Cr RND CST 87 5.0 NORTH LAKE SAMISH RD 0.8 FINNEY CR RND PCC 88 6 NORTH RED RIVER RD 1 JORDAN CR RND CST 38 9 NORTH SHORE RD 2.990 CARPENTER CREEK RND PCC 65 6.0 NORTH TELEGRAPH RD 0.895 KINNEY CR RND CST 45 8 NORTHWEST DR 2.200 SILVER CR RND CST 191 6.0 NORTHWEST DR 7.730 COUGAR CR RND SST 50 7.5 NORTHWEST DR 2.340 SILVER CR RND CST 103 6.0 NORTHWEST DR 2.750 SILVER CR RND PCC 141 5.0 NORTHWEST DR 4.430 DEER CR RND CST 101 6.0 OLD SAMISH RD 2.176 CHUCKANUT CR RND CST 94 6 OLD SAMISH RD 2.179 CHUCKANUT CR RND CST 94 6 Page 28 of 30 452 PANGBORN RD 10 1.002 nO "l- Unnamed BOX -N PCC 67 6.0 PANGBORN RD 0.002 Unnamed BOX PCC 58 6.0 PARK RD 1.184 UNKNOWN RND PCC 62 6 PARKRD 0.4 Unnamed BOX PCC 69 8 PEBLEY RD, PRIVATE END 0.2 MITCHELL CREEK SQSH CAL 20 5.5 PORTAL WY 2.150 UNKNOWN BOX PCC 92 6 PORTAL WY 4.120 UNKNOWN BOX PCC 66 8 RAINBOW DR 0.730 SILVER CR RND CAL 48 6.0 ROCKRD 2.853 ARNOLD SLOUGH SQSH CST 59 8 ROGERRD 0.100 Unnamed RND PCC 102 6.0 ROY RD 0.73 UNNAMED BOX PCC 43 6 SAMISH WAY 0.85 CHUCKANUTCREEK BOX PCC 115 8 SAND RD 0.826 Unnamed SQSH CST 48 7 SILVER LAKE RD 4.220 Unnamed RND PCC 46 5.0 SLATER RD 8.25 BEAR CREEK RND PCC 98 6 SORENSON RD 0.933 KINNEY CR RND CST 40 8 SOUTH PASS RD 2.854 BRECKENRIDGE CREEK BOX CPC 160 8 STEIN RD 1.170 Unnamed ARCH CST 40 5.5 STICKNEY ISLAND 1.999 MORMON DITCH SQSH CST 48 9 STRAND RD 1.153 Tinling Cr BOX PCC 24 6.0 SUNRISE RD 3.533 NORTH FORK DAKOTA CR RND PCC 50 6.0 SUNRISE RD 3.856 UNNAMED SQSH CST 37 5.5 SUNSET RD 0.6751 SILVER CREEK RND CAL 102 8 SWEET RD 0.774 Unnamed RND CST 182 6.0 THIEL RD 1.15 SCOTT DITCH BOX PCC 50 6 Page 29 of 30 453 i!*f��s�4��7 l+ �c��t� Ai'.'t' li ��(�+�Se'`9. . � a's yey^. THIEL RD 1.556 r� �� rtb��.'4y�£53 +r', N^�- F4�' � r4 � J G� v "y-r SCOTT DITCH �✓SS� Gcv�.�'S-.��'"Xy�j, �. G a,.a RND ✓ ,c„:�`e 'i5 PCC �, Y; 'c%'Z.eX }, .� 65 �' �r `'4 Rzt..a<+`✓S> tP 6 TRUCK RD 1.012 Unnamed RND PCC 37 5.0 UNICK RD 0.35 JORDAN CREEK BOX PCC 41 6 VAN DYK RD 1.43 ELDER DITCH RND PCC 66 6 VAN WYCK RD 0.28 SPRING CREEK RND CST 90 9 VAN WYCK RD 1.724 MCCORMICK CREEK RND CST 38 6 VISTA DR 2.3 UNKNOWN RND CST 71 7 W AXTON RD 0.751 DEER CR RND PCC 84 6.0 W AXTON RD 0.750 DEER CR RND PCC 89 6.0 W BADGER RD 3.070 UNKNOWN RND PCC 74 5.0 WILLIAMS RD 0.738 Unnamed RND CST 41 5.0 Y RD 0.098 CARPENTER CREEK RND PCC 90 5.0 Page 30 of 30 454 Public Works INTRODUCED: 9/12/2017 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 1 455 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 , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: 0"w J'X- Dan Gibson, Chief Civil Deputy Prosecutor Page 2 Barry Buchanan, Chair of the Council 456 22 o m m z � O c j Htl3A/H1NOW m o o y J z 313ldWOO 3iVO = Q a w y NIA b03H ANN w 3dAl w w 1tl1N3W a •NONIAN3 N N q N o ° O N M _ N C N N O O � � O O N M J � Q N Q w Q F � N 2 W N a � L O z Y H M x N W W Q O W N N Q O W N a. a0 Q O W N } J 6 F O F ao U z E o °LL ✓T a Vl 10 i7 a N J K D O a W = z N L N O C > Ow d x CL 00 w E O W y U ¢ c y `>N o Qp�y wm H O y w o a z N a E O z LL LL y DSO w U m N y O y H = 3StlHd A9 LL 1S001V21303d J O K w 3000 °- W w ONnd ltlil303d LL S1Ntl1S 3SVHd NV3AIH1NOW 3SVHd iO3f021d S3000 Allliln (•Iw) H10N311V101 SnitliS (S)3dAl 1N3W3AOHdWi 0 O To = O O O E U a V C 7 m z g c N � Z a 0 Z O TKO �° z °c« U 0 E Ozp Y O a v A za'wvio Q E oa O U� od=$�; Ga ��8 wiia to U a c w � 9 U 'O L O 0ama 65mp z CDa Q EdU 0 W LL NO c. 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K> 7 Q N> z> 1L> N> (n K> 0 0 0 0 0 461 rn a WHATCOM COUNTY 2018-2031 FOURTEEN -YEAR FERRY CAPITAL PROGRAM 462 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- 463 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 Repair and Painting 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- 464 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- 465 Completed design package for a 35-car replacement vessel. Completed design package for urgent electrical/structural terminal repairs. First Rate Increase in 5 years. 2008 Rate Increase 2009 Rate adjustment 2009 Emergency wing wall replacement on Lummi Island 2010 Emergency wing wall replacement on Lummi Island 2011 Rate increase and long term lease with the Lummi Nation 2012 Planning and design for the remote control installation at Lummi Island and the wing wall replacement at Gooseberry Point. 2013 Gooseberry Point terminal wooden wingwalls replaced with modern steel - pile supported wingwalls. 2013 Lummi Island terminal transfer span and apron remote control system installed. 2014 Gooseberry Point terminal wooden dolphins replaced with modern steel - pile supported dolphins. 2015 Rate adjustment 2015 Dolphin Emergency Repair — Lummi Island Terminal 2017 Gooseberry Point Electrical Upgrade -5- E•. FERRY 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 - 2017" 1 Replacement Statistics YEAR 2015 CAPACITY — Passengers 100 CAPACITY -- Cars 20 REPLACEMENT VALUE - 2017(2) $5,997,834 TOTAL - REPLACEMENT VALUE - 2015 FACILITIES Lain nnn AMORTIZATION SCHEDULED REPLACEMENT BOOK LOCATION YEAR BUILT YEAR VALUE(4) Lummi Island Landing Transfer Span and Dock Dolphins/Wingwalli3i Parking Lots Passenger Waiting/Office Subtotal - Lummi Island Landing Gooseberry Point Landing Transfer Span and Dock Dolphins/Wingwalli3i Subtotal - Gooseberry Point Landing 997 IDP ADJUSTED REPLACEMENT VALUE 2016 1982 2022 $195,000 $990,000 1978 2018 $938,069 $3,561,000 2005 2045 $50,000 $94,350 1978 2018 $10,000 $27,750 $1,193,069 $4,673,100 1987 11 2027 2013, 2014 1 2053, 2054 TOTAL FACILITIES VALUE 1 :04,[0/,sU4 TOTAL VESSEL & FACILITIES VALUE 1 $5,207,30411 NOTES: I'I Current Insured Value (2) Appreciated Columbia Sentinel Engineers (2014) Replacement Value + IDP Adjustment (3) Replace with Steel Pilings, estimation of replacement value due to recent replacement timeframe (4) Estimated using a 40-year life and straight-line depreciation (including depreciated improvements) $361,860 5,039,400 5,401,260 0,074,360 6.072.194 SZ 467 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) $1,172 $1,203 $1,235 $1,267 $1,300 $1,334 $1,369 Cash Fares (4) 293 301 309 317 325 334 342 (Memo 55% of Operating Cost) (1) 1,465 1,504 1,544 1,584 1,626 1,668 1,712 MVFT Deficit Subsidy 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- 468 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 49 50 51 52 53 54 55 Gooseberry Pt. 306 312 318 325 331 338 345 Total Operating Expenses 2,846 2,913 2,982 3,053 3,125 3,199 3,276 Capital Expenditures 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 -8- 469 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 174 181 188 195 203 209 216 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 56 57 59 60 61 62 63 Gooseberry Pt. 351 359 366 373 380 388 396 Total Operating Expenses 3,354 3,433 3,517 3,599 3,688 3,775 3,863 Capital Expenditures 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 W11 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2016-256C CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ofigi.nator: 911212017 Introduction Division Head: 912612017 Public Hearing Dept. Head: , Prosecutor: a 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.• 9/12/2017: Introduced 5-1, Brenner opposed, Weimer 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.whatconz.wa.us/council. 471 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 472 WHEREAS, a unit train carrying Bakken crude traveling through Mosier, Oregon, on June 3, 2016, derailed and exploded causing damage to property and 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 473 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. 474 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: Civil 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: 475 WNATCOH COUNTY COUNCIL AGENDA BILL NO. 2017-284 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: R.- ��( IE V E 9126 Council Division Head: SEP 19 2017 WHATCOM COUNTY COUNCIL Dept. Head: D C Prosecutor: Purchasing/Budget: Executive: TITLE OF Behavioral Health Integration — Mid Adopter Decision ATTACHMENTS: Behavioral Health Integration — Mid Adopter Decision 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.) The Health Department requests that the Whatcom County Council take action on the mid -adopter recommendation from the County Authorities Executive Committee. COMMITTEE ACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 476 �GpM �Q4 WHATCOM COUNTY Memorandum TO: Jack Louws, County Executive op FROM: Regina A. Delahunt, Director DATE: September 15, 2017 RE: Behavioral Health Integration — Mid -Adopter Decision Regina A., Delahunt, Directo?, Greg Stern, MD., afti-I OflFicer RE CE IV ED S E P 1 2017 JnACK LOUWS COUNTY EXECUTIVE The North Sound Behavioral Health Organization (NSBHO) County Authorities Executive Committee met on September 14, 2017, to formulate a recommendation for the county legislative authorities related to the decision to become a mid -adopter region for Behavioral Health integration. Information related to the mid - adopter decision has been presented to the Whatcom County Council, acting as the Health Board, on two occasions and to the Council in the Public Works, Health, and Safety Committee on September 12, 2017. On September 14, 2017, the NSBHO Executive Committee passed a motion (7 to 2) to approve sending a recommendation to each of the five County Councils/Commissions that they authorize the County Authorities Executive Committee to send a binding letter of intent to Washington State Health Care Authority indicating that the North Sound Region wishes to become a mid -adopter of Fully Integrated Managed Care with the option for a transitional year beginning in 2019 with full integration by January 1, 2020. The motion included 3 conditions for agreeing to the binding letter of intent: 1. Allow Managed Care Organizations (MCO) to contract back with the Behavioral Health Administrative Services Organization (BH-ASO) for some of the services and functions the Behavioral Health Organization (BHO) now provides. Adequately support the operation of the BH-ASO with dedicated funding, including the option of allowing the BHO to use unspent reserves to support the operation of the BH-ASO. 3. Formalization of the Inter -Local Leadership Structure in statute. The financial incentive of $11.7 million will be available to the North Sound Region if all 5 counties approve the transitional mid -adopter option recommended by the NSBHO County Authorities Executive Committee. We request that the Whatcom County Council take action on the mid -adopter recommendation from the County Authorities Executive Committee. 509 Girard Street ' hat tom County Bellingham, WA 98225-4005 1500 North State Street 360.778.6000 1 FAX 360.778.6001HEALTH Bellingham, WA 98225-4551 WhatcomCountyHealth 360.778.6100 1 FAX 360.778.6101 WhatcomCoHealth D e N a r t m e n www.whatcomcounty.us/health77 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 287 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Council Cie 9/20/2017 9/26/2017 Council Division Head: Dept. Head: f Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Res establishing regular County Council meeting dates for 2018 ATTACHMENTS: Resolution 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.) Resolution establishing the regular Whatcom County Council meeting dates for 2018. 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. 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 2018 Meeting Dates PROPOSED BY: Council Clerk INTRODUCTION DATE: September 26, 2017 RESOLUTION NO. ESTABLISHING REGULAR WHATCOM COUNTY COUNCIL MEETING DATES FOR 2018 WHEREAS, the Whatcom County Council has set every other Tuesday as its regular meeting schedule; and WHEREAS, all departments should plan to schedule items in accordance with the Council's approved meeting schedule to avoid the need for special meetings; and WHEREAS, it is the Council's policy to plan for breaks in its schedule in August and December and to avoid scheduling meetings on specific dates during the year. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that regular Council meetings shall be scheduled for the following dates in 2018: January 16 and 30 February 13 and 27 March 13 and 27 April 10 and 24 May 8 and 22 June 5 and 19 July 10 and 24 August 7 September 11 and 25 October 9 and 23 November 7 (Wednesday) and 20 December 4 BE IT FURTHER RESOLVED that when members of the Council sit in an administrative or legislative capacity in situations such as, but not limited to, supervisors of special districts or members of the county health board, all business in these capacities shall be treated as regular items of business during council meetings and the council's agenda shall include a notation for any item being considered in one of more of these other capacities. APPROVED this 26t" day of September, 2017. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Barry Buchanan, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecutor 479 WHATCOM COUNTY COUNCIL AGENDA 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.- 9/26/2017 Council 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. 9/12/2017: Introduced 6-0, Weimer absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www. co. whatcom. wa. us/council. M 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 bwlouis60 ..amail.com Step 2 1 481 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 LIFAC application qualifications.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 1. 2 482 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 transportation planner and engineer for over 30 years. Whatcom County and Lummi Island are my and my husband's home. The ferry is the lifeline connection between the Island and mainland and, while operating well now, will need to be 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. 3 483 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 -- 277 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9/18/2017 9/26/2017 Introduction Division Head - Dept, Head: Prosecutor, Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Appointment to Open Space Advisory Committee ATTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( )Fes ( ) 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 Open Space Advisory Board, - Paul Stermer This committee serves in an advisory capacity to the county assessor in implementing assessment guidelines as established by the department of revenue for the assessment of open space, farms and agricultural lands, and timber lands 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.whatconi.wa.usleounciL .;. <ZO/ °7--2— % % NaDean Hanson From: noreply@civicplus.com Sent: Friday, September 15, 2017 6:00 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 Email Address odstermerC@amail.com Step 2 .......... _............... i 485 1. Name of Board or Committee 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? 4. Are you a US citizen? 5. Are you registered to vote in Whatcom County? 6. Have you declared candidacy (as defined by RCW 42.17A.055) for a paid elected office in any jurisdiction within the county? Open Space Advisory Committee Yes District 2 Yes Yes ........................................ No 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 Field not completed. or detailed summary of experience, qualifications, & interest in response to the following questions 9. Please describe your I have been employed at the Phillips 66 refinery for 25 years occupation (or former and held a variety of assignments including chemist, energy occupation if retired), metrics and for the last decade or more commercial economics. qualifications, I have BS degrees in Chemistry, Biochemistry from UW, a BA professional and/or degree in small business economics from WSU and an MBA community activities, and from WWU. Currently serve on the Opportunity council board; education where I am chair of the finance committee and board treasurer Cf:1:1� 2 as well as serving on the executive committee. I have a variety of skills and education that may be useful to this committee. 10. Please describe why I am an outdoor enthusiast, business person and have an you're interested in interest in the future of Whatcom county land use. serving on this board or commission Place Signed / Submitted 2705 Lakeridge Lane, Bellingham, Washington ... _. ......1111.11 ....... ... Email not displaying correctly? View it in your browser. 3 487 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-285 CLEARANCES Initial Date Date Received in Council O tce Agenda Date Assigned to: AH ®� 9-26-17 Council Originator: a ( [f O U EE Introduction Division Head: r p 17-7 1 � 1 W H AJ"G COUNTY COUNCIL 10/10/17 Hearing t. De Head: % �J Prosecutor: �/1/ ©V 1611 / Purchasin /Bud et: Executive: TITLE OF DO NT.• Resolution Approving the Sale of a Portion of Surplus Real Property ATTACHMENTS. 1. Cover Memo 2. Resolution 3. Map of Site SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Per RCW and Whatcom County Code, the Whatcom County Property Management Committee has recommended the sale of a portion of Whatcom County real property known as Y Road Landfill, tax parcel number 380419 214168 0000, subject to the completion of a boundary line adjustment, as surplus property. The property is approximately 4.624 acres, and is to be sold by sealed bid with the minimum sale price of $32,368 (thirty two thousand three hundred sixty eight 00/100 dollars) 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. EM WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS DIRECTOR �GOM CQG a ti �9`SNING�0 MEMORANDUM CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6200 FAX: (360) 778-6201 www. whatcomcoun.us To: The Honorable County Executive Jack Louws and Honorable Members of the County Council Through: Jon Hutchings, Director From: Andrew Hester, Real Estate Coordinator A� Date: September 6, 2017 Re: Resolution Approving the Sale of a Portion of Surplus Real Property Enclosed is a resolution requesting the approval of the sale of a 4.624 acre portion of surplus Whatcom County real property. Requested Action Public Works respectfully requests that the Whatcom County Council hold a public hearing and take action on the proposed resolution to approve the sale of surplus Whatcom County real property. Background and Purpose Per RCW and Whatcom County Code, the Whatcom County Property Management Committee has recommended the sale of a portion of Whatcom County real property known as Y Road Landfill, tax parcel number 380419 214168 0000, subject to the completion of a boundary line adjustment, as surplus property. The property is approximately 4.624 acres, and is to be sold by sealed bid with the minimum sale price of $32,368 (thirty two thousand three hundred sixty eight 00/100 dollars). Funding Amount and Source The successful bidder is responsible for paying all costs associated with the sale of property. Please contact me at extension 6216 if you have any questions or concerns regarding this resolution. Encl. R:K I SPONSORED BY: 2 PROPOSED BY: Public Works 3 INTRODUCTION DATE: 4 RESOLUTION NO. 5 APPROVING THE SALE OF A PORTION OF SURPLUS REAL PROPERTY 6 7 8 WHEREAS, RCW 36.34.005 authorizes counties to establish comprehensive procedures for the 9 management of county property, including the sale of surplus real estate where it is found to be in the best 10 interest of a county to sell same; and 11 12 WHEREAS, in Whatcom County Code (WCC), Chapter 1.10, Whatcom County has established 13 those procedures; and 14 15 WHEREAS, the Whatcom County Property Management Committee has recommended the sale of 16 a 4.624 acre portion of Whatcom County real property known as Y Road Landfill, tax parcel number 17 380419 214168 0000, subject to the conditions listed in Exhibit B, and subject to the completion of a 18 boundary line adjustment to the highest bidder who could legally purchase the property, by sealed bid, for 19 not less than the appraisal amount as listed below, plus costs; and 20 21 WHEREAS, WCC 1.10.310 authorizes the Council, after receipt of estimated market values from 22 the Property Management Committee, to establish limitations and conditions upon sale of property, such as 23 the minimum price for said property and whether or not a contract will be allowed, or if it will be a cash 24 price; and 25 26 WHEREAS, WCC 1.10.310, as well as state law, allows the County to reserve from the sale oil, 27 gas, timber, mineral aggregates and other resources if the Council finds that it is the best interest of the 28 public to reserve these; 29 30 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the County to sell a 31 4.624 acre portion of the Y Road Landfill, tax parcel number 380419 214168 0000, as depicted on Exhibit 32 A, subject to the conditions listed in Exhibit B, and subject to the completion of a boundary line 33 adjustment to the highest bidder who can legally purchase the property by sealed bid. 34 35 BE IT FURTHER RESOLVED that the minimum bid for the property listed above shall be no less than 36 the appraised value of $32,368.00 (thirty two thousand three hundred sixty eight 00/100 dollars) and that 37 Buyer will pay all costs associated with the boundary line adjustment and any additional Buyer closing 38 costs normally associated with such a real property transaction; and 39 40 BE IT FURTHER RESOLVED that transfer of said real property be by quitclaim deed and that Buyer will 41 represent and warrant in writing to Seller Whatcom County, that Buyer has thoroughly inspected and 42 evaluated the properties for sell, to Buyer's complete satisfaction and Buyer accepts the properties AS IS 43 with full knowledge of potential liability the Buyer could incur for any environmental hazards or 44 conditions affecting the properties. Buyer agrees that the purchase price of the properties reflects the 45 agreed upon value of the properties AS IS, taking into account the aforementioned disclosures; and 46 47 48 • 1] I BE IT FURTHER RESOLVED that said purchase of said real property shall not be allowed under contract 2 and shall be paid either in cash, certified check or money order to the Whatcom County Treasurer at the 3 completion of the boundary line adjustment process; and 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BE IT FURTHER RESOLVED that the Whatcom County Treasurer is hereby directed to sell said property at no less than the appraised value of $32,368.00 (thirty two thousand three hundred sixty eight 00/100 dollars) and that said sale shall take place in accordance with the duties as established in WCC 1.10.290- 1.10.390. If the minimum bid is not reached, the properties shall not be sold. BE IT FURTHER RESOLVED that the sale will not be completed until Buyer has completed the boundary line adjustment process and paid all fees and costs associated with it and has paid the Whatcom County Treasurer the bid award amount. APPROVED this _ day of , 2017 ATTEST: Dana Brown -Davis, County Clerk APPROVED AS TO FORM: Chief Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair W%IM C It U I I I GGQ G� 1 I 0 � � R q u L d R "Ni ry rt � e G O I ^ 1 a � � 0 m� e d: z nd 0 COX —_.-/T,-_ ti Q � t O 'm = LU W N a N ai t£t.9 QN 0� (3b 0 171t18 SV Et�0E060Z# SON EL a I a C41 o I� ao a � U a N U �o d I� K I a a X W � d5Z99 - M.80 ££ , ES fn Z V Y Q (n lLl U` Z _Z J >Q ? �) �I - I �- Q Z w = H Z D 00 o N H O = 0O V a N b ;z q a O d U R ti O U lI1 a a m o a x a a K I o H a O a e zi ° N �2 m z O i- in a O i= a z' o_ w o a u o ci O a ~ t h N a N J O I N v � a V z O z� > ¢ I co g O_ N 22- a 6 b J �U a¢ rnm U > > a LU a' ea ^ V � a N .`- 4 � I>nm I ca O3St7F/d�Hrlf I95 - �!„ 6S d£ i5_ �X _ _(3N/71O7 ,LU , . Q o 0 0 5 ik U) �Q K V O .- N C� F Q R h Z O 0] of ti O ZaU IX31.96'099 ' 9 ¢ z z p � aF-w aus 0co a °_? o O a¢z ti a o a pz b tUC o C0C K N W 0 O N O} Z W ap c? X N rY U x `'' J w- W V a Q >wO O V °� m 0E.'! w a a a o rn [L co v vlUw e U7 FL X m N Z W cn m E-1 m J W m a Z S Z ¢ U 2 U U wWo > WW. � a N m .bb'099 1-1 j < Vii c� N a O � 493 Exhibit B Notice Language Subject property is within or near a former landfill site on which a variety of activities may occur that are not compatible with residential development or other land uses. You may be subject to inconveniences or discomforts arising from such operations including but not limited to noise, odors, fumes, dust, smoke, and the operation of machinery. Whatcom County will not consider the continued or future use of the site to be a nuisance for those inconveniences or discomforts arising from operations, if such operations are consistent with commonly accepted good management practices and otherwise comply with local, state, and federal laws. Hold Harmless Language Grantee is purchasing the property on an "as -is with all faults" basis with any and all patent and latent defects, including those relating to the environmental condition of the property, and is not relying on any representation or warranties, express or implied, of any kind whatsoever from Grantor as to any matters concerning the property, including, but not limited to the physical condition of the property; zoning status; operating history or projections or valuation; compliance by the property with Environmental Laws (defined below) or other laws, statutes, ordinances, decrees, regulations and other requirements applicable to the property; the presence of any Hazardous Substances (defined below), wetlands, asbestos, lead, lead -based paint or other lead -containing structures, urea formaldehyde, or other environmentally sensitive building materials in, on, under, or in proximity to the property; the condition or existence of any of the above -ground or underground structures or improvements, including tanks and transformers in, on or under the property; the condition of title to the property, and the leases, easements, permits, orders, licenses, or other agreements, affecting the Property (collectively, the "Condition of the Property"). Grantee represents and warrants to Grantor that Grantee has not relied and will not rely on, and Grantor is not liable for or bound by, any warranties, guaranties, statements, representations or information pertaining to the property or relating thereto (including specifically, without limitation, property information packages distributed with respect to the property) made or furnished by Grantor, the manager of the property, or any real estate broker or agent representing or purporting to represent Grantor, to whomever made or given, directly or indirectly, orally or in writing. Grantee assumes the risk that Hazardous Substances or other adverse matters may affect the property that were not revealed by Grantee's inspection. The term "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order, judgment, decree, injunction or common law relating in any way to human health, occupational safety, natural resources, plant or animal life or the environment, including without limitation, principles of common law and equity, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local law. The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated under any Environmental Law, and includes without limitation petroleum oil and any of its fractions. The covenants and agreements set forth in the paragraphs above, shall be binding upon Grantee and Grantee's heirs, successors and assigns, and shall be covenants running with the land benefiting Grantor and its heirs, successors and assigns. MOV WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-309G CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: Gary Davis / E C E WE D 912612017 Introduction Division Head: 1011012017 Council -Hearing Mark Person ius SEP 19 2017 COUNTY VIIHATAl Dept. Head: Sam Ryan � �� / v / Prosecutor: Karen Frakes / Z l Purchasinsing/BglB udget: /'�COM C O U N C I L Executive: Jack Louws T~ .�/�c, J TITLE OF DOC ENT.• Fourth Interim Ordinance adopting amendments to the Whatcom County Comprehensive Plan and Whatcom County Code Title 15 Buildings and Construction, Title 20 Zoning, Title 21 Land Division Regulations, and Title 24 Health Code, relating to water resources. ATTACHMENTS. Memorandum Draft Ordinance 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.) Fourth Interim Ordinance adopting amendments to the Whatcom County Comprehensive Plan and Whatcom County Code Title 15 Buildings and Construction, Title 20 Zoning, Title 21 Land Division Regulations, and Title 24 Health Code, relating to water resources. COMMITTEE ACTION.• COUNCILACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. WOR 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 6__t� THROUGH: Mark Personius, AICP, Assistant Director 1,f-fi"' DATE: September 12, 2017 SUBJECT: Fourth Interim Ordinance - Water Resources A fourth interim ordinance relating to development permits and water resources is scheduled for introduction on September 26, 2017, and for public hearing on October 10. The third interim ordinance, adopted on April 18, will expire October 30, 2017. If adopted for the allowed maximum of six months, this fourth interim ordinance would be in effect until April 2018. The code amendments in the proposed fourth interim ordinance are identical to those in the third. As with the third, this ordinance would require Whatcom County to verify the existence of adequate water supply in terms of water quality, quantity, and legal availability prior to accepting applications for project permits that require potable water, and applicants would be required to prove legal availability through one of several options, including a water right permit, letter from a public water purveyor stating the ability to provide water, documentation of an adequate rainwater catchment system, a study showing no impairment of senior water rights, a mitigation plan, or proof that the permit -exempt withdrawal would be in the Samish River watershed, or in Point Roberts, Eliza Island, or Lummi Island. At the time the County Council adopted the third interim ordinance, they also adopted Resolution 2017-019, which urged the state legislature to amend the Growth Management Act to resolve issues posed by the Hirst decision and other recent Supreme Court rulings. That resolution stated in part: The County is supportive of legislation that would allow counties to rely on state - adopted instream flow rules to determine legal water availability when such rules include a Department of Ecology mitigation program for permit exempt wells in 496 1 closed basins that provides an overall net ecological benefit within the same closed basin. Such mitigation plans may include: • A fee -in -lieu of mitigation payment option for permit exempt wells in closed basins for affected permit applicants, which would allow permits to proceed while state and counties provide for the actual timely instream flow mitigation. • Allow counties to condition permits to limit daily use of state permit exempt groundwater withdrawals to less than 5000 gallons per day and for specific purposes. Allow use of unexercised municipal water rights for mitigation purposes. • Allow for an "out -of -kind" instream flow impairment mitigation option that provides an overall net ecological benefit within the same sub -basin. • Provide financial assistance for developing public rural water supplies, mitigation projects and/or water banks. The County is already taking actions to support delivery of water to affected rural areas. In and of themselves, they do not constitute a GMA compliance path for resolution of the Hirst case. But they are an important component of the County's overall compliance strategy. These actions include: • Consider designating Economic Development Investment (EDI) Funds to help support rural water purveyors extension of service. • Examine potential regulatory actions to allow transfer of development rights (TDRs) from areas outside public water system service areas to those within. ■ Identify and support technical assistance outreach to public water systems that request it to improve service delivery and water use efficiency. Accelerate data collection and analysis to map existing public water system infrastructure assets and identify areas within existing retail water service areas that are likely to be able to provide "timely and reasonable" water service when requested. • Continue coordinating with the PUD and other jurisdictions and water purveyors to research, evaluate and recommend long term water supply and water resource management solutions for Whatcom County. To date, the legislature has not adopted any legislation addressing water availability issues, making adoption of another interim ordinance necessary in order for Whatcom County to continue to comply with the Hirst decision in the short term. Anticipating the expiration of the fourth interim ordinance in early 2018 - before the end of the next regular session of the legislature - the County must consider its options for a solution independent of a legislative "fix." There are at least two 2 497 options similar to those discussed in the legislature this year that the Council may wish to consider : (1) Individual on -site "net -zero" mitigation, whereby the consumptive portion of the water use is mitigated from a cistern that discharges to an infiltration structure. The cistern water would be supplied by rainwater catchment or trucked from an approved water purveyor. (2) A "fee -in -lieu" payment strategy, as outlined in Resolution 2017-019. However, lacking state enabling legislation, there are significant legal, fiscal, administrative and inter -governmental challenges to implementing this approach at the local level that would need to be addressed. As for the longer -term course of action after adoption of the fourth interim ordinance, County staff has identified the following options for discussion and consideration: Option 1 - Adopt the current interim water resources ordinance as a permanent ordinance. • Would maintain and make permanent the strict hydro -geologic impairment analysis and mitigation requirements of the interim water resources ordinance. • Should result in GMA compliance on water quantity issues in the Hirst case. Option 2 - Continue to adopt interim water resources ordinances for another 6 or 12 months. • Would maintain the stringent impairment review and hydro -geologic analysis and mitigation requirements of the existing interim water resources ordinance until a state legislative fix is adopted in 2018. • County would stay engaged with the Legislature and the Governor's Office to spur legislative action. • Would require requesting GMHB continuance of compliance hearing date until sometime in 2018. Option 3 - Pursue settlement with the Hirst petitioners. • Assumes there will be no permanent state legislative solution on Hirst. So Whatcom County -indeed all counties in the state —will be responsible for satisfying the Supreme Court's decision on their own. • Would explore a Nooksack Basin -only solution to the Hirst case to be negotiated between the County and the petitioners and subject to the approval of the GMHB. 498 3 • Would require requesting GMHB continuance of compliance hearing date and adopting another interim water resources ordinance while negotiations occur. Staff can discuss these options with the County Council on October 10. If you have questions regarding the proposed ordinance please contact Gary Davis at extension 5931. Attachments: Draft Ordinance, Proposed Amendments 4 499 9-26-2017 ORDINANCE NO. PROPOSED BY: INTRODUCTION DATE: AN INTERIM ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND THE WHATCOM COUNTY CODE TITLE 15 BUILDINGS AND CONSTRUCTION, TITLE 20 ZONING, TITLE 21 LAND DIVISION REGULATIONS, AND TITLE 24 HEALTH CODE, RELATING TO WATER RESOURCES 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, RCW 19.27.097(1) states: "Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply. In addition to other authorities, the county or city may impose conditions on building permits requiring connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency. An Page 1 of 5 500 application for a water right shall not be sufficient proof of an adequate water supply."; and WHEREAS, RCW 19.27.095(1) states: "A valid and fully complete building permit application for a structure, that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application."; and WHEREAS, RCW 58.17.110(2) requires that "A proposed subdivision and dedication shall not be approved unless the ... county legislative body makes written findings that... appropriate provisions are made for... potable water supplies..."; and WHEREAS, RCW 58.17.170(2) states that lots in a long subdivision "shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing if the date of filing is on or before December 31, 2014, and for a period of five years from the date of filing if the date of filing is on or after January 1, 2015," and, "Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of ten years from the date of filing if the project is not subject to requirements adopted under chapter 90.58 RCW and the date of filing is on or before December 31, 2007."; and WHEREAS, Whatcom County Code (WCC) Chapter 15.04 specifies information required for a complete building permit application; and WHEREAS, WCC Chapter 20.97 provides definitions of terms used in the code; and WHEREAS, WCC Chapters 21.04 and 21.05 contain requirements for water supply in short subdivisions and long subdivisions, respectively; and WHEREAS, WCC Chapter 24.11 contains requirements for drinking water; and WHEREAS, Whatcom County adopted Ordinance 2012-032, amending its Comprehensive Plan to adopt by reference existing development regulations regulating ground water withdrawals, adding Policy 2DD-2.C.3.6, which adopts by reference WCC 21.04.090 and 21.05.080, and Policy 2DD- Page 2 of 5 501 2.C.3.7, which adopts by reference WCC 24.11.050 and 24.11.060; and WHEREAS, because Comprehensive Plan Policy 2DD-2.C.3.6 adopts by reference WCC 21.04.090 and 21.05.080, and Policy 2DD-2.C.3.7 adopts by reference WCC 24.11.050 and 24.11.060, any amendments to these WCC provisions are also amendments to the Comprehensive Plan; and WHEREAS, the Growth Management Hearings Board (Board) found the amended Comprehensive Plan lacked the required measures to protect water resources (GMHB Case No. 12-2-0013); and WHEREAS, on October 6, 2016, the State Supreme Court (Court), in reversing a Court of Appeals decision, upheld the Board's decision that the County's Comprehensive Plan does not satisfy the GMA requirements to protect water availability, and stated, "We hold that the Board properly concluded that the GMA requires counties to make determinations of water availability."; and WHEREAS, the Court stated, "...the GMA places the burden on counties to protect groundwater resources, and requires counties to assure that water is both factually and legally available before issuing building permits."; and WHEREAS, the Court stated, "...The county's policies incorporate WCC provisions that do not allow water to be withdrawn from 'an area where [the Department of Ecology] has determined by rule that water for development does not exist.' ...these ordinances further provide that an application for a permit -exempt appropriation will be approved without any analysis of that withdrawal's impact on instream flows. The Board found that these provisions result in water withdrawals from closed basins and senior instream flows —flows that the record indicated drop below the minimum levels 100 days out of the year. The Board properly held that this conflicts with the requirement placed on counties to protect water availability under the GMA..."; and WHEREAS, Chapter 173-501 WAC Instream Resources Protection Program - Nooksack Water Resource Inventory Area (WRIA) 1 identifies water bodies in Whatcom County that are closed or partially closed to further appropriation, by listing their status as "closure," "partial year closure," "low flow," or "minimum flow,"; and Page 3of5 502 WHEREAS, on October 25, 2016 Whatcom County adopted Ordinance 2016-048, an emergency moratorium on the filing, acceptance, and processing of new applications for project permits for uses that rely on permit -exempt groundwater withdrawals within a closed or partially closed basin, to allow the County time to review its Comprehensive Plan and development regulations in light of the Supreme Court ruling, and to draft and enact the necessary amendments as soon as feasible; 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 60 days of adoption; and WHEREAS, on December 6, 2016 the County Council adopted Ordinance 2016-066, an interim ordinance adopting amendments to the Whatcom County Comprehensive Plan and WCC Title 15, Title 20, Title 21, and Title 24 relating to water resources, which is effective until March 18, 2017, and the County has applied the provisions of the ordinance to project permit applications relying on new permit -exempt groundwater withdrawals; and WHEREAS, on March 7, 2017 the County Council adopted Ordinance 2017-008, a second interim ordinance; and WHEREAS, on April 18, 2017 the County Council adopted Ordinance 2017-008, a third interim ordinance, which is effective until October 30, 2017; and WHEREAS, a fourth interim ordinance is required to allow the County time to pursue a permanent legislative solution to the issues raised by the Court decision, and to provide clarity to project permit applicants in the meantime; and WHEREAS, in accordance with RCW 36.70A.106 Whatcom County Planning and Development Services notified the Department of Commerce of the proposed interim amendment; and WHEREAS, this ordinance shall be effective for not longer than six months following its effective date, but may be renewed for one or more six month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. Page 4 of 5 503 WHEREAS, the County Council is scheduled to hold a public hearing on this issue on October 10, 2017; NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts the above "WHEREAS" recitals as findings of fact in support of it action as required by RCW 36.70A.390 BE IT FURTHER ORDAINED by the Whatcom County Council that the Whatcom County Comprehensive Plan and the Whatcom County Code are hereby amended, on an interim basis, as shown in Exhibit A; and BE IT FURTHER ORDAINED that this ordinance shall be effective for not longer than six months following its effective date. ADOPTED this _ . day of WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Dana Brown -Davis, Council Clerk APPRDVED as to form: Civil Deputy Prosecutor , 2017. Barry Buchanan, Chairperson Jack Louws, Executive ( ) Approved ( ) Denied Date: Page 5 of 5 504 September 26, 2017 EXHIBIT A 1Nhatcom County Code AMENDMENTS TITLE 15 BUILDINGS AND CONSTRUCTION Chapter 15.04 BUILDING CODES 15.04.020 Amendments to the International Building Code. A. The IBC is amended as follows: 4. Section 105.3, Application for Permit, is amended to include the following: To obtain the permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 1 505 September 26, 2017 6. Be signed by the applicant, or the applicant's authorized agent. 7. Include signature by the applicant or the applicant's authorized agent of a statement for guarantee of fee payment. The statement must be signed in the presence of County staff or staff will provide a statement which includes verification of signature by a licensed notary public. 8. Provide verification of approval to connect to a public sewer system or a septic system installation permit issued by the Whatcom County Environmental Health Department for any permit application that requires sewage disposal. The approval to connect or issued septic system permit shall be specific to the project application. 9. For a building necessitating potable water, provide evidence of an adequate water supply for the intended use of the building, as defined in 20.97.451 WCC. 10. Provide additional data and information in the designated sequence, as required by the Building Official. 15.04.030 Amendments to the International Residential Code. C. Section R105.3, Application for permit, is amended to include the following: To obtain the permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. N 506 September 26, 2017 6. Be signed by the applicant, or the applicant's authorized agent. 7. Include signature by the applicant or the applicant's authorized agent of a statement for guarantee of fee payment. The statement must be signed in the presence of County staff or staff will provide a statement which includes verification of signature by a licensed notary public. 8. Provide verification of approval to connect to a public sewer system or a septic system installation permit issued by the Whatcom County Environmental Health Department for any permit application that requires sewage disposal. The approval to connect or issued system permit shall be specific to the project application. 9. For a building necessitating otable water,provide evidence of an adequate water supply for the intended use of the building, as defined in 20.97.451 WCC. 10. Provide additional data and information in the designated sequence, as required by the Building Official. TITLE 20 ZONING Chapter 20.84 VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES AND APPEALS 20.84.200 Conditional uses. 20.84.220 Criteria. Before approving an application for a conditional use permit, the hearing examiner shall ensure that any specific standards of the use district defining the conditional use are fulfilled, and shall find adequate evidence showing that the proposed conditional use at the proposed location: 3 507 September 26, 2017 (5) Will be serviced adequately by necessary public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, adequate water supply as defined in WCC 20.97.451, an-d-sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. Chapter 20.97 DEFINITIONS 20.97.451 Water Supply, Adequate "Adequate water supply" means a supgl�potable water adequate to serve a land use associated with a project permit in terms of quality, quantity,and legal availability, as documented by a water availability notification signed by the director of the Whatcom County Health Department, per WCC 24.11.060. TITLE 21 LAND DIVISION REGULATIONS Chapter 21.04 SHORT SUBDIVISIONS 21.04.090 Water supply. (1) Water from a public water system(s) shall be provided to serve each lot in a short plat, except as specified in subsection (2) of this section. (2) For a residential short subdivision, private water supplies may be utilized under the following circumstances: (a) All lots served by the private water supplies are five acres or larger, unless smaller because of clustering. If the lots are smaller because of clustering, the gross density of the short subdivision shall not exceed one dwelling per five acres; and (b) The withdrawal is not from a defined portion of an aquifer of known regional ground water contamination that exceeds state standards and that 4 September 26, 2017 has been identified by the director of the health department and confirmed by the board of health; and (c) The water source is ground water and not s �rfaee-water; and d The aRI211cant demonstrates that adequate water supply exists to serve the subdivision, as defined in 20-97.451 WCC; and e The short subdivision is not located within the des! nated water service area of a 12ublic water purveyor that is shown on the coordinated waters stem plan map or within one-half mile of an existing water purveyor's water line• or (fd) Ti#-the short subdivision is located within the designated water service area of a public water purveyor that is shown on the coordinated water system plan map or within one-half mile of an existing water purveyor's water lines and: (i) The t L eyosr water cannot be -provided water service to the applicant within 120 calendar days of submitting a written request and applicable fees to the purveyor unless specified otherwise by the hearing examiner or county council; or (ii) The purveyor states in writing that it is unable or unwilling to provide the service; or (iii) The purveyor and applicant are unable to achieve an agreement on the schedule and terms of provision of service within 120 calendar days. (3) If a public water supply is required, all the requirements of Chapter 246-290 WAC, Group A Public Water Systems, or Chapter 246-291 WAC, Group B Public Water Systems, must be met prior to final plat approval. CHAPTER 21.05 PRELIMINARY LONG SUBDIVISIONS 21.05.080 Water supply. (1) Water from a public water system(s) shall be provided to serve each lot in a subdivision, except as specified in subsection (2) of this section. (2) For a residential subdivision with six or fewer residences, private water supplies may be utilized under the following circumstances: (a) All lots served by the private water supplies are five acres or larger, unless smaller because of clustering. If the lots are smaller because of clustering, the gross density of the subdivision shall not exceed one dwelling per five acres and the number of clustered lots shall not exceed four; and 5 509 September 26, 2017 (b) The withdrawal is not from a defined portion of an aquifer of known regional ground water contamination that exceeds state standards and that has been identified by the director of the health department and confirmed by the board of health; and (c) The water source is ground water and not surface water; and (d) If the subdivision is within the designated water service area of a public water purveyor that is shown on the coordinated water system plan map or within one-half mile of an existing water purveyor's water lines: (i) The water cannot be provided to the applicant within 120 calendar days of submitting a written request and applicable fees to the purveyor unless specified otherwise by the hearing examiner or county council; or (ii) The purveyor states in writing that it is unable or unwilling to provide the service; or (iii) The purveyor and applicant are unable to achieve an agreement on the schedule and terms of provision of service within 120 calendar days. (3) The applicant shall demonstrate that adequate water Hght(s�su I exists to serve the subdivision, as defined in 20.97.451 WCC, thdrawai �5 e?f£f1� �r$FFi-8i r iilFFi�-a-1N� e% Fight •"•":' •, ter- Bran► 90 nn n50 (4) If a Group B public water system is created to serve the subdivision, the number of wells shall be limited to the minimum needed to serve the water needs of the subdivision as determined by the health department. (5) If a public water supply is required, all the requirements of Chapter 246-290 WAC, Group A Public Water Systems, or Chapter 246-291 WAC, Group B Public Water Systems, must be met prior to final plat approval. TITLE 24 HEALTH CODE Chapter 24.11 DRINKING WATER 24.11.050 General requirements. A. Applicants must submit all required forms, letters and documents to the director. M. 510 September 26, 2017 B. The director will consider applications for water availability proposing to use groundwater, spring water, surface water, sea water or rainwater. C. The director shall evaluate the availability of a public water system prior to approving the use of a private water system. If it is determined that a public water system is available and willing to provide water, the applicant must connect to that public water system when: 1. The applicant proposes to use surface water, spring water, rainwater, or contaminated groundwater; or 2. The applicant proposes to build on a lot located in a short subdivision or long subdivision that Whatcom County approved based on the availability of public water; or 3. The existing public water system has water lines adjacent to the property line of the applicant and connection is consistent with RCW 36.70A.110(4); or 4. The existing public water system has defined a "service area boundary" in accordance with the Whatcom County Coordinated Water System Plan which includes the property of the applicant. D. The director will only approve a private or Non Group B 2 party well for proposed short subdivisions or long subdivisions when analytical results of untreated water samples for primary inorganic or organic contaminants do not exceed a maximum contaminate level (MCL) adopted by Washington State Department of Health. E. Purveyors of public water systems and private water system applicants must comply with Washington State Department of Ecology water right requirements and must demonstrate that they have an adequate water supply for their proposed service per WCC 24.11.060. Compliance will include at a minimum, possession of a water right permit or certificate for: 1. All surface water sources excluding seawater. 2. All groundwater sources using more than 5,000 gallons per day. 3. Irrigating more than one-half acre of lawn or noncommercial garden. 24.11.060 Water availability required. Prior to issuance of a building permit or other project_permits,the applicant must provide Whatcom County—planningCounty-planning and development services evidence of adequate water supply as documented by a water availability notification signed by the director, except as described in subsection B. evidenee of an ad y 4--e 1Ari rutcvng Geunty planning and deyelepmefft-sefvices r nnc - The except YYhen T water availability notification shall document a supply of potable water adequate to serve a land use associated with a project permit in terms of quality, quantity,and legal availabilit A. The applicant must provide evidence of legal availability in the form of: 1. A water right permit from the De artment of Ecolo or 511 September 26, 2017 2._ A letter from an approved public water purveyor with sufficient water rights, stating the ability to provide water, or 3. Documentation that water can be supplied by a rainwater catchment system approved by the Whatcom County Health Department, pe Department of Ecology Policy 1017. B. Notwithstanding the provisions of subsection A for a new permit -exempt groundwater withdrawal per RCW 90.44.050 the applicant must provide evidence of legal availability in the form of: 1. Documentation that the well site is located in the Samish River watershed or in Point Roberts Eliza Island or Lummi Island as shown in Figure 24.11.060; or 2. A study prepared by a qualified h dro eolo ist licensed in the State of Washington demonstrating a proposed groundwater withdrawal would not impair a senior water right, including instream flows established in Chapter 173-501 WAC where applicable, in accordance with current statutes and case law. Such documentation must be verified by the county either through consultation with the Department of Ecology, or a qualified technical review team appointed by the county. The county may re uire a third party review by an independent qualified h dro eolo ist if the county determines additional technical expertise is needed. The cost of the third party review shall be borne by the County_; ar 3. A mitigation plan prepared by a qualified hydrogeologist licensed in the State of Washington, and approved by Whatcom County. The plan shall include: a. Evidence that the progosed withdrawal with mitigation in place will not impair a senior water right, including instream flows established in Chapter 173-501 WAC where applicable, in accordance with current statutes and case law. Such documentation must be verified by the county either through consultation with the Department of Ecology, or a qualified technical review team appointed by the county. The county may re uire a third party review by an independent qualified h dro eolo ist if the count determines additional technical expertise is needed. The cost of the third party _review shall be borne by the County. b. A monitoring and reporting fan including a qualit assurance/quality control plan. c. Documentation adequate to demonstrate that the mitigation will remain in place for the duration of the impact, including, for 512 September 26, 2017 example, financial assurances or documentation of i2ermanent dedication of water for mitigation purposes. C. A water availability_ notification is not re aired for: 1. A-b-brg-A project permit that does not require potable water. $: _ 2. A project permit relying on a permit -exempt groundwater withdrawal per RCW 90.44.050, and proposing (a) a remodel of an existing building or (b). replacement of a demolished or removed building, but not proposing a change of use; however, such permits shall require current documentation of water guallty and quantity, as approved by the director. eIsp ClLeLIl i11Lf1 G than dV f./41 LL.11{.. E 3. Aproject permit relying on surface water withdrawal for potable water, and proposing (a) a remodel of an existing building or b) replacement of a demolished or removed building, either of which would increase the floor area by no more than 50 percent over that of the existing building • however, such permits shall re uire current documentation of water quality and quantity, as approved by the director. PBS deter-eai-ne a -der a4shed-ar removed the building will not have mere bed rfY�Fl�FS-e r��rv,=r- O-percent gFeateF1188 space than the previous k-Rg 513 September 26, 2017 M11 10 . CL Ea C�r aEQ d ((pp 7 0 U7 00 N N L7 2 NN N a)N 3U c 3U w nU c aU (meE� m E3 p CQaxin ¢`axis d IIJ Q G 2x W O '= yo oE� V � � N Qcc 0 0 _ 'CL CL a3:Q 514 September 26, 2017 24.11.070 Determining adequacy of water supply for building permit applications proposing to use an existing public water system. A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to obtain water from an existing public water system the applicant must: 1. Submit to the director, an Availability Notification for Public Water form (as amended) signed by an authorized representative of the water system proposing to serve water to the building. The authorized representative: a. Must indicate on the form that the water system will provide water to the proposed building. b. Must sign a statement that they have reviewed the system records and ensures that the water system complies with Chapters 246-290 and 246- 291 WAC and department requirements. B. The director will review the completed Availability Notification For Public Water (form) for approval. The director will approve the completed form if: 1. The applicant and the authorized representative met all the criteria listed on the form. 2. The purveyor of the water system has the approval from DOH or the department to provide water to the building. 3. The applicant has provided evidence of le al availability of water for the proposed project per WCC 24.11.060. 24.11.080 Determining adequacy of water supply for of building permit applications proposing to create a new public water system. Prior to director approval of evidence of an adequate water supply, an applicant proposing to create a new public water system must comply with: A. Provisions of the Whatcom County Coordinated Water System Plan. B. Chapters 246-290 and 246-291 WAC, and all other applicable local and state regulations for public water supplies. C. The applicable sections of this chapter pertaining to public water supplies and water availability. 24.11.090 Determining adequacy of water supply for building permit applications proposing to use a well to serve one single-family dwelling or one single-family living unit. A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to use a private well, the applicant must: 1. Notify the director of the intent to use a well. 11 515 September 26, 2017 2. Request that the director conduct a site inspection and approve the proposed well site. B. Upon re nest from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director cannot approve a well location the director will deny the application and give the reasons for denial. C. If the director approves the well location the applicant shall submit a completed Water Availability Notification Private - 1 Home Well form as amended and all required documents to the director for approval. A—.Pfiorto direeteF approval of evidenee ef an adequatte water supply w2 1v1lF A,.-:!aterAvarla-b4im"etffieaien Pfiiah i LJ ., ,..,.-. Ati44..,n(-as arn.ende ) and all required urments-te the .1'.-eeter_Eni aFr}ir ii`v ur PD. The director will review the completed form and required documents submitted by the applicant for approval. The director will approve the form if: 1. The applicant met all the criteria listed on the form. 2. The applicant submitted all of the required documents. 3. The aoRplicant has l2rovided evidence of legal availability of water for the proposed project per WCC 24.11.060. kv 24.11.100 Determining adequacy of water supply for building permit applications proposing to use a well to serve two single-family dwellings or two single-family living units. A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to use a well to serve two single-family dwellings or two single- family living units, the applicant must: 1. Notify the director of the intent to use a well or wells. 2. Request that the director conduct a site inspection and approve the proposed well sites. B. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director cannot approve a well location the director will deny the application and give the reasons for denial. C. If the director approves the well locations the applicant shall submit a completed Water Availability Notification Non -Group B - 2 Home Well form (as amended) and all required documents for each well to the director for approval. 12 516 September 26, 2017 D. The director will review the completed form and required documents submitted by the applicant for approval. The director will approve the form if: 1. The applicant met all the criteria listed on the form. 2. The applicant submitted all of the required documents. 3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11.060.-Th-L—wefl-s4the-appplieafrt does fiat el a n ire has--detefmi n ed by rule that "ater r'C�vCi . 24.11.110 Determining adequacy of water supply for building permit applications proposing to use a spring to serve one single-family dwelling unit or one single-family living unit. A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to use a spring source, the applicant must: 1. Notify the director of the intent to use a spring. 2. Provide information to the director showing that they cannot drill an adequate well on their property. 3. Request that the director conduct a site inspection and approve the proposed location of the spring. B. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director does not approve the location the director will deny the application and give the reason for denial. C. If the director approves the location of the spring the applicant must submit a completed Water Availability Notification Private - 1 Home Spring form (as amended) and all required documents for approval by the director. D. The director will review the completed form and required documents for approval. The director will approve the application if: 1. The applicant met all the criteria listed on the form. 2. The applicant submitted all of the required documents. 3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24,11.060. The -spy applicant does}s,r }w.., M..,..,, .•ies-ef an area where I s 13 517 September 26, 2017 24.11.120 Determining adequacy of water supply for building permit applications proposing to use a spring to serve two single-family dwelling units or two single-family living units. A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to use a spring source, the applicant must: 1. Notify the director of the intent to use a spring. 2. Provide information to the director showing that an adequate well cannot be drilled on their property. 3. Request that the director conduct a site inspection and approve the proposed location of the spring. B. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director does not approve the location, the director will deny the application and give the reasons for denial. C. If the director approves the location of the spring the applicant must submit a completed Water Availability Notification - 2 Home Spring form (as amended) and all required documents for approval by the director. D. The director will review the completed form and required documents for approval. The director will approve the application if: 1. The applicant met all the criteria listed on the form. 2. The applicant submitted all of the required documents. 3. The applicant has provided evidence of legal availability of water for the proposed project per WC_C 24.11.060. Th pesed-l�y the-appl"Leaff"E does not fak-wi�thik-r�eundaries rea where DOE detefat-ater—€ a *4ee-s- r+et exi 24.11.130 Determining adequacy of water supply for building permit applications proposing to use surface water, sea water or rainwater for one or two single-family dwelling units or two single-family living units. A. The director shall not approve use of surface water, sea water, or rainwater as evidence of an adequate water source unless the applicant: 1. Cannot obtain water from an existing public water supply. 2. Cannot use an approved source of groundwater from a well. 3. Could only use contaminated groundwater. B. Prior to director approval of evidence of adequate water supply the applicant must: 14 518 September 26, 2017 1. Meet all applicable requirements for surface water, sea water or rainwater treatment design, maintenance and operation contained in Whatcom County health and human services Water Availability feF a-PFiva e Sur face ` ate Notification as determined by the director. 2. Provide evidence of le al availability of water for the proposed project per WCC 24.11.060. Tire-st- f es net raR within the boun Fies of an area where DGE has determine,lboy-fule t-hat water, for develepment does net exist 3. Meet all other state and local regulations. 4. Sign and have recorded with the Whatcom County auditor's office the following documents: a. A document stating which contaminate the untreated source water exceeded. b. A document stating that the applicant has had a water treatment system designed that meets Whatcom County health and human services Water Availability Approval for a Surface Water Source (as amended), and secures a potable water supply for the building. c. A document stating that the applicant has installed a treatment system according to the design reviewed by the director and treated water sample results that verify system performance. d. A document stating that the applicant agrees to adhere to the operation, maintenance, and monitoring plan for the designed treatment system. e. A document stating that the applicant understands that the obligation to comply with treatment system design, installation, operation and monitoring lies with the applicant and not Whatcom County. f. When the public system is available, any person obtaining water from contaminated source must provide current test results showing water treatment is adequately maintaining water quality below maximum contaminant levels (MCL). If the quality does not meet the MCL, the applicant is required to hook up to a public system. 24.11.140 Determining adequacy of water supply for short subdivisions, long subdivisions or binding site plans proposing to use an existing public water system. A. Prior to director approval of availability of an adequate water supply where the applicant proposes to obtain water from an existing public water supply to service lots of a short subdivision, long subdivision, or a binding site plan the applicant must: 15 519 September 26, 2017 1. Provide to the director an Availability Notification for Public Water (as amended) form or a letter signed by an authorized representative of the water system proposing to serve water to each lot. The authorized representative of the public water system: a. Must indicate that the water system will provide water to each proposed lot. b. Must sign a statement that they have reviewed the system records and ensures that the water system is in compliance with Chapters 246-290 and 246-291 WAC and department requirements. B. The director will review the completed form or letter to determine the availability of adequate water. The director will make a determination of adequate water when: 1. The applicant and the authorized representative meet all the criteria listed on the form. 2. The purveyor of the water system has the approval from DOH or the department to provide water to the short subdivision, long subdivision or binding site plan, except for Group A water systems the following conditions also apply: a. DOH has issued a green operating permit to the purveyor; or b. DOH has determined that the purveyor significantly complies with Chapter 246-290 WAC 3. The applicant has provided evidence of legal availability of water for the proposed project ,per WCC 24.11.060. 24.11.150 Determining adequacy of water supply for short subdivisions, long subdivisions or binding site plans proposing to use a new public water system. Prior to director approval of availability of an adequate water supply where the applicant proposes to create a new public water supply to service lots of a short subdivision, long subdivision, or a binding site plan the applicant must comply with: A. Provisions of the Whatcom County Coordinated Water System Plan. B. Chapters 246-290 and 246-291 WAC, and all other applicable local and state regulations for public water supplies. C. The applicable sections of this chapter pertaining to public water supplies and water availability. 24.11.160 Determining adequacy of water supply for short subdivisions or long subdivisions proposing to use a private well or private wells to serve one single-family dwelling or one single-family living unit. 16 520 September 26, 2017 A. Prior to director approval of availability of an adequate water supply where the applicant proposes to use a private well or private wells to service lots of a short subdivision or long subdivision the applicant must: 1. Notify the director of the intent to use a private well or wells. 2. Request that the director conduct a site inspection and approve the proposed well sites. B. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director cannot approve a well location the director will deny the application and give the reasons for denial. C. If the director approves the well locations the applicant shall submit a completed Subdivision Water Availability form (as amended) and all required documents for each well to the director for approval. D. The director will review each completed form and required documents for approval. The director will approve the availability of adequate water when: 1. The applicant met all the criteria listed on the form. 2. The applicant submitted all of the required documents. 3. The applicant has provided evidence of legalavailability of water for the proposed project per WCC 24.11.060.-The-we'l she eF ` sites p-epased-by applicant pli .1 �t f�r RF . 4 F- 11 , ,)rthe b. a...da ie - of an area •.G...... f1llC has determine -by-Fute tdevelopment-dees net 24.11.170 Determining adequacy of water supply for short subdivisions or long subdivisions proposing to use a well to serve two single-family dwellings or two single-family living units. A. The applicant shall create a Group B Public water supply as defined in Chapter 246-291 WAC when WCC Title 21 requires the applicant to provide public water service to each lot. This includes a water system where one well services two lots. B. Prior to director approval of availability of an adequate water supply where the applicant proposes to use one well to service two lots of a short subdivision or long subdivision when public water is not required the applicant must: 1. Notify the director of the intent to use a well or wells. 2. Request that the director conduct a site inspection and approve the proposed well sites. C. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director cannot approve a well location the director will deny the application and give the reasons for denial. 17 521 September 26, 2017 D. If the director approves the well locations the applicant shall submit a completed Subdivision Water Availability form (as amended) and all required documents for each well to the director for approval. E. The director will review each completed form and required documents for approval. The director will approve the availability of adequate water when: 1. The applicant met all the criteria listed on each of the forms. 2. The applicant submitted all of the required documents. 3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11_.060. The-v►te+1 sitesr well sites determined -by rule that water for develep nt does net-e-xiet, 18 522 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-262B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy Ryde[ RR 9111117 P 19 2017 HAT C COUNTY COUNCIL 9126117 Introduction Division Head: 10/24/17 Hearing Dept. Head: Jon Hutchings �� Prosecutor: Dan Gibson //�/O� Purchasing/Budget: VA 9, "Zi Brad Bennet I-) Executive: ray Jack Louws INS TITLE OF D T. Resolution confirming the assessment roll for the Emerald Lake Lighting District #7 and remanding the roll to the county treasurer for collection ATTACHMENTS. Resolution and reassessed roll. SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( x) Yes ( ) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: 10124117 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution 2017-038 set aside the current assessment roll for the Emerald Lake Lighting District #7, dated November 19th, 1987, and directed Public Works to complete a roll reassessment. As the roll reassessment has been completed, the council, acting as the Board of Equilization, is requested to confirm the assessment as just and equitable after a public hearing on October 24`", 2017. 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.us/counciL 523 PROPOSED BY: Public Works INTRODUCTION DATE: 9/26/2017 RESOLUTION NO. CONFIRMING THE ASSESSMENT ROLL FOR PROPERTY WITHIN THE BOUNDARIES OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 7 (EMERALD LAKE LIGHTING DISTRICT) AND REMANDING ROLL TO THE COUNTY TREASURER FOR COLLECTION WHEREAS, on September 12, 2017, the Whatcom County Council approved Resolution #2017-038, authorizing the preparation of a reassessment roll for property within the boundaries of Whatcom County Road Improvement District No. 7 (Emerald Lake Lighting District); and WHEREAS, on September 26, 2017, the Whatcom County Council accepted said reassessment roll; and WHEREAS, the Whatcom County Council did determine that the proposed assessment roll is equitable and just under the conditions prevailing. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council, acting as the County Board of Equalization, confirms the assessment roll as follows: The first annual maintenance assessment shall be based upon a Whatcom County Department of Public Works fee of $2.00 per account per year and the rate of $8.50 per parcel. The second and each 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. Prior to the second and each succeeding annual maintenance assessment, a budget for Whatcom County Road Improvement District No. 7 shall be submitted to the Whatcom County Executive for approval. BE IT FURTHER RESOLVED that the Whatcom County Council, acting as the County Board of Equalization, hereby certifies the reassessment roll, as outlined in Exhibit A to this Page 2 524 resolution, and remands same to the Treasurer for collection. 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 3 525 EXHIBIT A Road Improvement District No. 7 (Emerald Lake Lighting) 2017 Assessment Roll As of September 18, 2017 (Basis= per lot) # prop_id geo_id NAME Dist -Class Dist_Seq Basis 1 56744 3803103691010000 EmeraldLake_Lighting 84 210 1.00 2 56746 3803103720680000 EmeraldLake_Lighting 84 210 1.00 3 56747 3803103730320000 EmeraldLake_Lighting 84 210 1.00 4 56750 3803103731220000 EmeraldLake_Lighting 84 210 1.00 5 567513803103740230000 Emerald Lake_Lighting 84 210 1.00 6 56752 3803103741080000 Emerald Lake_Lighting 84 210 1.00 7 56754 3803103750400000 EmeraldLake_Lighting 84 210 1.00 8 56755 3803103750860000 EmeraldLake_Lighting 84 210 1.00 9 56756 3803103760490000 EmeraldLake_Lighting 84 210 1.00 10 56757 3803103760570000 EmeraldLake_Lighting 84 210 1.00 11 567613803103800720000 EmeraldLake_Lighting 84 210 1.00 12 56763 3803103840280000 EmeraldLake_Lighting 84 210 1.00 13 56765 3803103851250000 EmeraldLake_Lighting 84 210 1.00 14 56768 3803103900160000 EmeraldLake_Lighting 84 210 1.00 15 56770 3803103900980000 Emerald Lake_Lighting 84 210 1.00 16 56773 3803103920370000 EmeraldLake_Lighting 84 210 1.00 17 174715 3803103920490000 EmeraldLake_Lighting 84 210 1.00 18 56774 3803103921250000 EmeraldLake_Lighting 84 210 1.00 19 56776 3803103940040000 EmeraldLake_Lighting 84 210 1.00 20 56778 3803103950880000 EmeraldLake_Lighting 84 210 1.00 21 56779 3803103980970000 EmeraldLake_Lighting 84 210 1.00 22 567813803103990440000 Emerald Lake_Lighting 84 210 1.00 23 56782 3803103990580000 Emerald Lake_Lighting 84 210 1.00 24 56783 3803103991250000 Emerald Lake_Lighting 84 210 1.00 25 56787 3803104010900000 EmeraldLake_Lighting 84 210 1.00 26 56788 3803104020680000 EmeraldLake_Lighting 84 210 1.00 27 56789 3803104030750000 EmeraldLake_Lighting 84 210 1.00 28 56790 3803104040520000 EmeraldLake_Lighting 84 210 1.00 29 567913803104060220000 EmeraldLake_Lighting 84 210 1.00 30 56793 3803104060600000 Emerald Lake_Lighting 84 210 1.00 31 56795 3803104080790000 Emerald Lake_Lighting 84 210 1.00 32 56797 3803104110940000 Emerald Lake_Lighting 84 210 1.00 33 56798 3803104111100000 EmeraldLake_Lighting 84 210 1.00 34 56800 3803104120670000 EmeraldLake_Lighting 84 210 1.00 35 568013803104130120000 EmeraldLake_Lighting 84 210 1.00 36 56802 3803104140870000 Emerald Lake_Lighting 84 210 1.00 37 56803 3803104151010000 Emerald Lake_Lighting 84 210 1.00 38 56804 3803104160360000 Emerald Lake_Lighting 84 210 1.00 39 56805 3803104160720000 EmeraldLake_Lighting 84 210 1.00 Page 1 of 10 526 EXHIBIT A 40 56808 3803104171400000 EmeraldLake_Lighting 84 210 1.00 41 568113803104190040000 EmeraldLake_Lighting 84 210 1.00 42 56813 3803104220230000 Emerald Lake_Lighting 84 210 1.00 43 56814 3803104220830000 EmeraldLake_Lighting 84 210 1.00 44 568213803104260350000 EmeraldLake_Lighting 84 210 1.00 45 56822 3803104280530000 EmeraldLake_Lighting 84 210 1.00 46 56823 3803104280660000 EmeraldLake_Lighting 84 210 1.00 47 56827 3803104350520000 EmeraldLake_Lighting 84 210 1.00 48 56828 3803104350860000 EmeraldLake_Lighting 84 210 1.00 49 56838 3803104380030000 Emerald Lake_Lighting 84 210 1.00 50 56839 3803104380210000 EmeraldLake_Lighting 84 210 1.00 51 568413803104400690000 EmeraldLake_Lighting 84 210 1.00 52 56848 3803104430460000 EmeraldLake_Lighting 84 210 1.00 53 56849 3803104430870000 EmeraldLake_Lighting 84 210 1.00 54 568513803104440080000 EmeraldLake_Lighting 84 210 1.00 55 56859 3803104470560000 EmeraldLake_Lighting 84 210 1.00 56 56862 3803104480420000 EmeraldLake_Lighting 84 210 1.00 57 56873 3803104500210000 EmeraldLake_Lighting 84 210 1.00 58 56876 3803104521010000 EmeraldLake_Lighting 84 210 1.00 59 56878 3803104540360000 EmeraldLake_Lighting 84 210 1.00 60 56882 3803104550540000 EmeraldLake_Lighting 84 210 1.00 61 56883 3803104550800000 Emerald Lake_Lighting 84 210 1.00 62 56885 3803104570100000 EmeraldLake_Lighting 84 210 1.00 63 56892 3803104600730000 EmeraldLake_Lighting 84 210 1.00 64 174716 3803104620300000 EmeraldLake_Lighting 84 210 1.00 65 56898 3803104620490000 EmeraldLake_Lighting 84 210 1.00 66 56907 3803104660660000 EmeraldLake_Lighting 84 210 1.00 67 569113803104670860000 EmeraldLake_Lighting 84 210 1.00 68 56912 3803104680450000 EmeraldLake_Lighting 84 210 1.00 69 56913 3803104681040000 EmeraldLake_Lighting 84 210 1.00 70 56920 3803104721160000 EmeraldLake_Lighting 84 210 1.00 71 56922 3803104730230000 EmeraldLake_Lighting 84 210 1.00 72 56923 3803104730620000 Emeraldlake_Lighting 84 210 1.00 73 56924 3803104730780000 EmeraldLake_Lighting 84 210 1.00 74 56925 3803104750060000 EmeraldLake_Lighting 84 210 1.00 75 56926 3803104750400000 EmeraldLake_Lighting 84 210 1.00 76 56927 3803104751020000 EmeraldLake_Lighting 84 210 1.00 77 56932 3803104780590000 EmeraldLake_Lighting 84 210 1.00 78 56935 3803104790740000 EmeraldLake_Lighting 84 210 1.00 79 56937 3803104801220000 EmeraldLake_Lighting 84 210 1.00 80 569413803104830210000 EmeraldLake_Lighting 84 210 1.00 81 56942 3803104830980000 Emerald Lake_Lighting 84 210 1.00 82 56943 3803104831400000 EmeraldLake_Lighting 84 210 1.00 83 56944 3803104850700000 EmeraldLake_Lighting 84 210 1.00 Page 2 of 10 527 EXHIBIT A 84 56946 3803104860540000 EmeraldLake_Lighting 84 210 1.00 85 56950 3803104870060000 EmeraldLake_Lighting 84 210 1.00 86 56952 3803104890320000 EmeraldLake_Lighting 84 210 1.00 87 56956 3803104911270000 EmeraldLake_Lighting 84 210 1.00 88 56957 3803104920650000 EmeraldLake_Lighting 84 210 1.00 89 56958 3803104921440000 Emerald Lake_Lighting 84 210 1.00 90 56962 3803104930530000 EmeraldLake_Lighting 84 210 1.00 91 56964 3803104940870000 Emerald Lake_Lighting 84 210 1.00 92 56966 3803104951540000 EmeraldLake_Lighting 84 210 1.00 93 56970 3803104990960000 EmeraldLake_Lighting 84 210 1.00 94 56972 3803105000610000 EmeraldLake_Lighting 84 210 1.00 95 56980 3803105050460000 EmeraldLake_Lighting 84 210 1.00 96 569813803105060100000 EmeraldLake_Lighting 84 210 1.00 97 56982 3803105060820000 EmeraldLake_Lighting 84 210 1.00 98 56983 3803105061030000 EmeraldLake_Lighting 84 210 1.00 99 56987 3803105080560000 EmeraldLake_Lighting 84 210 1.00 100 56989 3803105100250000 EmeraldLake_Lighting 84 210 1.00 101 569913803105120760000 EmeraldLake_Lighting 84 210 1.00 102 56992 3803105140520000 EmeraldLake_Lighting 84 210 1.00 103 56993 3803105140960000 EmeraldLake_Lighting 84 210 1.00 104 56994 3803105141050000 EmeraldLake_Lighting 84 210 1.00 105 56996 3803105150400000 Emerald Lake_Lighting 84 210 1.00 106 56998 3803105160180000 EmeraldLake_Lighting 84 210 1.00 107 56999 3803105171610000 Emerald Lake_Lighting 84 210 1.00 108 57000 3803105180720000 EmeraldLake_Lighting 84 210 1.00 109 57003 3803105190910000 EmeraldLake_Lighting 84 210 1.00 110 57007 3803105200490000 EmeraldLake_Lighting 84 210 1.00 111 57009 3803105220680000 EmeraldLake_Lighting 84 210 1.00 112 57010 3803105230370000 EmeraldLake_Lighting 84 210 1.00 113 570113803105230860000 EmeraldLake_Lighting 84 210 1.00 114 57015 3803105250150000 EmeraldLake_Lighting 84 210 1.00 115 57016 3803105261160000 EmeraldLake_Lighting 84 210 1.00 116 57018 3803105270440000 EmeraldLake_Lighting 84 210 1.00 117 57019 3803105271590000 EmeraldLake_Lighting 84 210 1.00 118 570213803105280630000 EmeraldLake_Lighting 84 210 1.00 119 57022 3803105291340000 EmeraldLake_Lighting 84 210 1.00 120 57023 3803105300800000 EmeraldLake_Lighting 84 210 1.00 121 57025 3803105311230000 Emerald Lake_Lighting 84 210 1.00 122 57026 3803105320190000 EmeraldLake_Lighting 84 210 1.00 123 57027 3803105321300000 EmeraldLake_Lighting 84 210 1.00 124 57034 3803105340580000 EmeraldLake_Lighting 84 210 1.00 125 57037 3803105360760000 EmeraldLake_Lighting 84 210 1.00 126 57038 3803105361030000 EmeraldLake_Lighting 84 210 1.00 127 57039 3803105361090000 EmeraldLake_Lighting 84 210 1.00 Page 3 of 10 528 EXHIBIT A 128 57040 3803105371560000 EmeraldLake_Lighting 84 210 1.00 129 570413803105381470000 EmeraldLake_Lighting 84 210 1.00 130 57042 3803105390220000 EmeraldLake_Lighting 84 210 1.00 131 57043 3803105390540000 EmeraldLake_Lighting 84 210 1.00 132 57045 3803105420710000 EmeraldLake_Lighting 84 210 1.00 133 57046 3803105430250000 EmeraldLake_Lighting 84 210 1.00 134 57047 3803105440500000 EmeraldLake_Lighting 84 210 1.00 135 57048 3803105440970000 EmeraldLake_Lighting 84 210 1.00 136 57049 3803105451460000 EmeraldLake_Lighting 84 210 1.00 137 57050 3803105480280000 EmeraldLake_Lighting 84 210 1.00 138 570513803105481170000 EmeraldLake_Lighting 84 210 1.00 139 57052 3803105491330000 EmeraldLake_Lighting 84 210 1.00 140 57053 3803105500690000 Emerald Lake_Lighting 84 210 1.00 141 57054 3803105501260000 EmeraldLake_Lighting 84 210 1.00 142 57055 3803105501390000 EmeraidLake_Lighting 84 210 1.00 143 57057 3803105511540000 EmeraldLake_Lighting 84 210 1.00 144 57059 3803105520310000 EmeraldLake_Lighting 84 210 1.00 145 57060 3803105521060000 EmeraldLake_Lighting 84 210 1.00 146 570613803105530970000 EmeraldLake_Lighting 84 210 1.00 147 57062 3803105570340000 EmeraldLake_Lighting 84 210 1.00 148 57063 3803105590420000 EmeraldLake_Lighting 84 210 1.00 149 57064 3803105591570000 EmeraldLake_Lighting 84 210 1.00 150 57066 3803105610480000 EmeraldLake_Lighting 84 210 1.00 151 57068 3803105620720000 EmeraldLake_Lighting 84 210 1.00 152 57070 3803110021230000 EmeraldLake_Lighting 84 210 1.00 153 570713803110031000000 EmeraldLake_Lighting 84 210 1.00 154 57075 3803110051540000 EmeraldLake_Lighting 84 210 1.00 155 57078 3803110061360000 EmeraldLake_Lighting 84 210 1.00 156 57080 3803110080470000 EmeraldLake_Lighting 84 210 1.00 157 57093 3803110111630000 EmeraldLake_Lighting 84 210 1.00 158 57094 3803110120500000 EmeraldLake_Lighting 84 210 1.00 159 173693 3803110120800000 EmeraldLake_Lighting 84 210 1.00 160 57098 3803110170530000 EmeraldLake_Lighting 84 210 1.00 161 571013803110181290000 EmeraldLake_Lighting 84 210 1.00 162 57102 3803110181600000 EmeraldLake_Lighting 84 210 1.00 163 57109 3803110220570000 EmeraldLake_Lighting 84 210 1.00 164 57110 3803110241000000 EmeraldLake_Lighting 84 210 1.00 165 571113803110241650000 EmeraldLake_Lighting 84 210 1.00 166 57117 3803110270590000 EmeraldLake_Lighting 84 210 1.00 167 57118 3803110270900000 EmeraidLake_Lighting 84 210 1.00 168 57120 3803110291180000 EmeraldLake_Lighting 84 210 1.00 169 57122 3803110320630000 EmeraldLake_Lighting 84 210 1.00 170 57123 3803110321040000 EmeraldLake_Lighting 84 210 1.00 171 57124 3803110321650000 EmeraldLake_Lighting 84 210 1.00 Page 4 of 10 529 EXHIBIT A 172 57128 3803110370660000 EmeraldLake_Lighting 84 210 1.00 173 571313803110391690000 EmeraldLake_Lighting 84 210 1.00 174 57132 3803110420690000 EmeraldLake_Lighting 84 210 1.00 175 57135 3803110441170000 EmeraldLake_Lighting 84 210 1.00 176 57136 3803110461670000 EmeraldLake_Lighting 84 210 1.00 177 57137 3803110470710000 EmeraldLake_Lighting 84 210 1.00 178 57140 3803110520760000 EmeraldLake_Lighting 84 210 1.00 179 571413803110531720000 EmeraldLake_Lighting 84 210 1.00 180 57142 3803110551140000 EmeraldLake_Lighting 84 210 1.00 181 57143 3803110580780000 EmeraldLake_Lighting 84 210 1.00 182 57146 3803110601650000 EmeraldLake_Lighting 84 210 1.00 183 57147 3803110621160000 Emerald Lake_Lighting 84 210 1.00 184 57148 3803110630820000 EmeraldLake_Lighting 84 210 1.00 185 57152 3803110671210000 EmeraldLake_Lighting 84 210 1.00 186 57154 3803110680840000 EmeraldLake_Lighting 84 210 1.00 187 57156 3803110730880000 EmeraldLake_Lighting 84 210 1.00 188 57157 3803110731390000 EmeraldLake_Lighting 84 210 1.00 189 57158 3803110731770000 EmeraldLake_Lighting 84 210 1.00 190 571613803110760940000 EmeraldLake_Lighting 84 210 1.00 191 57165 3803110820950000 EmeraldLake_Lighting 84 210 1.00 192 57166 3803110831300000 EmeraldLake_Lighting 84 210 1.00 193 57168 3803110851660000 EmeraldLake_Lighting 84 210 1.00 194 57170 3803110871000000 EmeraldLake_Lighting 84 210 1.00 195 571713803110881470000 EmeraldLake_Lighting 84 210 1.00 196 57172 3803110921030000 EmeraldLake_Lighting 84 210 1.00 197 57173 3803110940050000 EmeraldLake_Lighting 84 210 1.00 198 57174 3803110961290000 EmeraldLake_Lighting 84 210 1.00 199 57175 3803110981060000 EmeraldLake_Lighting 84 210 1.00 200 57178 3803111010080000 EmeraldLake_Lighting 84 210 1.00 201 57179 3803111021080000 EmeraldLake_Lighting 84 210 1.00 202 57182 3803111071370000 EmeraldLake_Lighting 84 210 1.00 203 57183 3803111081120000 EmeraldLake_Lighting 84 210 1.00 204 179279 3803111091100000 EmeraldLake_Lighting 84 210 1.00 205 57184 3803111101580000 EmeraldLake_Lighting 84 210 1.00 206 57187 3803111110200000 EmeraldLake_Lighting 84 210 1.00 207 57188 3803111131140000 EmeraldLake_Lighting 84 210 1.00 208 57190 3803111170150000 EmeraldLake_Lighting 84 210 1.00 209 571913803111181170000 EmeraldLake_Lighting 84 210 1.00 210 57192 3803111210200000 EmeraldLake_Lighting 84 210 1.00 211 57193 3803111221550000 EmeraldLake_Lighting 84 210 1.00 212 57194 3803111241200000 EmeraldLake_Lighting 84 210 1.00 213 57195 3803111260090000 EmeraldLake_Lighting 84 210 1.00 214 57196 3803111270200000 EmeraldLake_Lighting 84 210 1.00 215 57198 3803111291230000 EmeraldLake_Lighting 84 210 1.00 Page 5 of 10 530 EXHIBIT A 216 57199 3803111291570000 EmeraldLake_Lighting 84 210 1.00 217 57200 3803111320100000 EmeraldLake_Lighting 84 210 1.00 218 572013803111340230000 EmeraldLake_Lighting 84 210 1.00 219 57202 3803111351250000 EmeraldLake_Lighting 84 210 1.00 220 57203 3803111361590000 EmeraldLake_Lighting 84 210 1.00 221 57204 3803111380110000 EmeraldLake_Lighting 84 210 1.00 222 57205 3803111390250000 EmeraldLake_Lighting 84 210 1.00 223 57206 3803111401260000 EmeraldLake_Lighting 84 210 1.00 224 57207 3803111421620000 EmeraldLake_Lighting 84 210 1.00 225 57208 3803111430120000 EmeraldLake_Lighting 84 210 1.00 226 57209 3803111430270000 EmeraldLake_Lighting 84 210 1.00 227 57210 3803111441280000 EmeraldLake_Lighting 84 210 1.00 228 57212 3803111490140000 EmeraldLake_Lighting 84 210 1.00 229 57213 3803111490310000 EmeraldLake_Lighting 84 210 1.00 230 57214 3803111491290000 EmeraldLake_Lighting 84 210 1.00 231 57215 3803111491630000 EmeraldLake_Lighting 84 210 1.00 232 57216 3803111520350000 EmeraldLake_Lighting 84 210 1.00 233 57218 3803111551660000 Emerald Lake_Lighting 84 210 1.00 234 57219 3803111560170000 EmeraldLake_Lighting 84 210 1.00 235 57220 3803111561320000 Emerald Lake_Lighting 84 210 1.00 236 572213803111570380000 EmeraldLake_Lighting 84 210 1.00 237 57223 3803111601330000 EmeraldLake_Lighting 84 210 1.00 238 57227 3803111610420000 EmeraldLake_Lighting 84 210 1.00 239 57228 3803111620220000 EmeraldLake_Lighting 84 210 1.00 240 57229 3803111621670000 EmeraldLake_Lighting 84 210 1.00 241 572313803111640470000 EmeraldLake_Lighting 84 210 1.00 242 57232 3803111661350000 EmeraldLake_Lighting 84 210 1.00 243 57233 3803111670030000 EmeraldLake_Lighting 84 210 1.00 244 57234 3803111670370000 EmeraldLake_Lighting 84 210 1.00 245 57235 3803111670520000 EmeraldLake_Lighting 84 210 1.00 246 57236 3803111681700000 EmeraldLake_Lighting 84 210 1.00 247 57237 3803111700410000 EmeraldLake_Lighting 84 210 1.00 248 57238 3803111700550000 EmeraldLake_Lighting 84 210 1.00 249 57239 3803111721370000 EmeraldLake_Lighting 84 210 1.00 250 572413803111740060000 EmeraldLake_Lighting 84 210 1.00 251 57242 3803111740450000 EmeraldLake_Lighting 84 210 1.00 252 57243 3803111740610000 EmeraldLake_Lighting 84 210 1.00 253 57244 3803111751710000 EmeraldLake_Lighting 84 210 1.00 254 57245 3803111771390000 EmeraldLake_Lighting 84 210 1.00 255 57246 3803111780490000 Emerald Lake_Lighting 84 210 1.00 256 57247 3803111780650000 Emerald Lake_Lighting 84 210 1.00 257 57248 3803111800540000 EmeraldLake_Lighting 84 210 1.00 258 57250 3803111812120000 EmeraldLake_Lighting 84 210 1.00 259 572513803111821400000 EmeraldLake_Lighting 84 210 1.00 Page 6 of 10 531 EXHIBIT A 260 57252 3803111821740000 EmeraldLake_Lighting 84 210 1.00 261 57253 3803111850590000 EmeraldLake_Lighting 84 210 1.00 262 176716 3803111850680000 EmeraldLake_Lighting 84 210 1.00 263 57254 3803111860750000 Emerald Lake_Lighting 84 210 1.00 264 57255 3803111870060000 Emerald Lake_Lighting 84 210 1.00 265 57256 3803111881420000 Emerald Lake_Lighting 84 210 1.00 266 57257 3803111881750000 Emerald Lake_Lighting 84 210 1.00 267 57259 3803111900330000 Emerald Lake_Lighting 84 210 1.00 268 57260 3803111900790000 EmeraldLake_Lighting 84 210 1.00 269 572613803111930690000 EmeraldLake_Lighting 84 210 1.00 270 57262 3803111931440000 EmeraldLake_Lighting 84 210 1.00 271 57263 3803111940090000 EmeraldLake_Lighting 84 210 1.00 272 57264 3803111940840000 EmeraldLake_Lighting 84 210 1.00 273 57265 3803111950370000 EmeraldLake_Lighting 84 210 1.00 274 57266 3803111950910000 EmeraldLake_Lighting 84 210 1.00 275 57267 3803111951780000 EmeraldLake_Lighting 84 210 1.00 276 57269 3803111960730000 EmeraldLake_Lighting 84 210 1.00 277 57270 3803111990420000 Emerald Lake_Lighting 84 210 1.00 278 572713803111991460000 Emerald Lake_Lighting 84 210 1.00 279 57272 3803111991650000 Emerald Lake_Lighting 84 210 1.00 280 57277 3803112010140000 Emerald Lake_Lighting 84 210 1.00 281 57278 3803112010780000 Emerald Lake_Lighting 84 210 1.00 282 572813803112020980000 EmeraldLake_Lighting 84 210 1.00 283 57282 3803112040480000 EmeraldLake_Lighting 84 210 1.00 284 57283 3803112041470000 EmeraldLake_Lighting 84 210 1.00 285 57284 3803112041840000 EmeraldLake_Lighting 84 210 1.00 286 57286 3803112051660000 EmeraldLake_Lighting 84 210 1.00 287 1763213803112070830000 EmeraldLake_Lighting 84 210 1.00 288 57287 3803112081040000 EmeraldLake_Lighting 84 210 1.00 289 57288 3803112090520000 Emerald Lake_Lighting 84 210 1.00 290 57292 3803112121480000 Emerald Lake_Lighting 84 210 1.00 291 57293 3803112121660000 Emerald Lake_Lighting 84 210 1.00 292 57294 3803112130580000 Emerald Lake_Lighting 84 210 1.00 293 176320 3803112130910000 EmeraldLake_Lighting 84 210 1.00 294 57296 3803112140110000 EmeraldLake_Lighting 84 210 1.00 295 57297 3803112141860000 EmeraldLake_Lighting 84 210 1.00 296 57298 3803112151110000 EmeraldLake_Lighting 84 210 1.00 297 573013803112170940000 EmeraldLake_Lighting 84 210 1.00 298 57305 3803112191190000 EmeraldLake_Lighting 84 210 1.00 299 57306 3803112191680000 EmeraldLake_Lighting 84 210 1.00 300 57307 3803112211000000 EmeraldLake_Lighting 84 210 1.00 301 57308 3803112211870000 Emerald Lake_Lighting 84 210 1.00 302 57309 3803112221470000 Emerald Lake_Lighting 84 210 1.00 303 57310 3803112230650000 EmeraldLake_Lighting 84 210 1.00 Page 7 of 10 532 EXHIBIT A 304 573113803112240110000 Emerald Lake_Lighting 84 210 1.00 305 57313 3803112241050000 Emerald Lake_Lighting 84 210 1.00 306 57314 3803112260740000 Emerald Lake_Lighting 84 210 1.00 307 57315 3803112261680000 Emerald Lake_Lighting 84 210 1.00 308 57316 3803112281240000 Emerald Lake_Lighting 84 210 1.00 309 57317 3803112291110000 EmeraldLake_Lighting 84 210 1.00 310 57319 3803112300160000 Emerald Lake_Lighting 84 210 1.00 311 57320 3803112300800000 Emerald Lake_Lighting 84 210 1.00 312 573213803112321430000 Emerald Lake_Lighting 84 210 1.00 313 57322 3803112330220000 EmeraldLake_Lighting 84 210 1.00 314 57323 3803112331680000 Emerald Lake_Lighting 84 210 1.00 315 57325 3803112341900000 Emerald Lake_Lighting 84 210 1.00 316 57326 3803112361210000 EmeraldLake_Lighting 84 210 1.00 317 57329 3803112370320000 EmeraldLake_Lighting 84 210 1.00 318 573313803112381340000 EmeraldLake_Lighting 84 210 1.00 319 57332 3803112400870000 EmeraldLake_Lighting 84 210 1.00 320 57333 3803112410980000 EmeraldLake_Lighting 84 210 1.00 321 57334 3803112421870000 EmeraldLake_Lighting 84 210 1.00 322 57338 3803112450490000 EmeraldLake_Lighting 84 210 1.00 323 57339 3803112451030000 EmeraldLake_Lighting 84 210 1.00 324 57340 3803112451670000 EmeraldLake_Lighting 84 210 1.00 325 573413803112460390000 EmeraldLake_Lighting 84 210 1.00 326 57342 3803112460570000 EmeraldLake_Lighting 84 210 1.00 327 57343 3803112470650000 EmeraldLake_Lighting 84 210 1.00 328 57344 3803112500720000 EmeraldLake_Lighting 84 210 1.00 329 57345 3803112501860000 EmeraldLake_Lighting 84 210 1.00 330 57346 3803112530790000 EmeraldLake_Lighting 84 210 1.00 331 57347 3803112531050000 EmeraldLake_Lighting 84 210 1.00 332 57348 3803112550860000 EmeraldLake_Lighting 84 210 1.00 333 57349 3803112570930000 EmeraidLake_Lighting 84 210 1.00 334 57350 3803112571130000 EmeraldLake_Lighting 84 210 1.00 335 573513803112571740000 EmeraldLake_Lighting 84 210 1.00 336 57352 3803112581260000 EmeraldLake_Lighting 84 210 1.00 337 57354 3803112591500000 EmeraldLake_Lighting 84 210 1.00 338 57607 3803140705220000 EmeraldLake_Lighting 84 210 1.00 339 57609 3803140765240000 EmeraidLake_Lighting 84 210 1.00 340 57613 3803140795240000 EmeraldLake_Lighting 84 210 1.00 341 57616 3803140805040000 Emerald Lake_Lighting 84 210 1.00 342 576213803140855260000 Emerald Lake_Lighting 84 210 1.00 343 57623 3803140905070000 EmeraldLake_Lighting 84 210 1.00 344 57624 3803140925340000 Emerald Lake_Lighting 84 210 1.00 345 57625 3803140975100000 Emerald Lake_Lighting 84 210 1.00 346 173694 3803141065130000 EmeraldLake_Lighting 84 210 1.00 347 57638 3803141165150000 EmeraldLake_Lighting 84 210 1.00 Page 8 of 10 533 EXHIBIT A 348 57640 3803141295190000 EmeraldLake_Lighting 84 210 1.00 349 57642 3803141335190000 EmeraldLake_Lighting 84 210 1.00 350 57644 3803141365210000 Emerald Lake_Lighting 84 210 1.00 351 57646 3803141475230000 Emerald Lake_Lighting 84 210 1.00 352 576513803141565280000 Emerald Lake_Lighting 84 210 1.00 353 57652 3803141635270000 Emerald Lake_Lighting 84 210 1.00 354 58873 3803153405260000 EmeraldLake_Lighting 84 210 1.00 Page 9 of 10 534 As of September 18, 2017, subject to any segregations, combinations, additions, deletions, corrections, or any other changes to parcels on the rolls; we, the undersigned, do herby certify to the best of our knowledge, that the attached assessment roll for Road Improvement District #7 (Emerald Lake) has been prepared in accordance with RCW 36.88, and is a true and correct system of assessment that has been applied within the District to the best of our ability. Signed Date Page 10 of 10 535 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-263B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy y R del RR "8/17 _- --, �� L7— 9126117 Introduction Division Head: SEP 19 2017 10124117 Hearing Dept. Head: 1 Jon Hutchings l;7 �s j W HAT " COUNTY COUNCIL Prosecutor: Dan Gibson Oq�I I / Purchasing/Budget: Brad Bennet t ` L 1 Executive: Jack Louws Tie 5 TITLE OF DO NT. Resolution confirming the assessment roll for the Birch Bay Lighting District #1 and remanding the roll to the county treasurer for collection ATTACHMENTS: Resolution and reassesed roll. SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( x) Yes ( ) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: 10124117 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution 201 7 039 set aside the current assessment roll for the Birch Bay Lighting District #1, dated November 21 st, 1985, and directed Public Works to complete a roll reassessment. As the roll reassessment has been completed, the council, acting as the Board of Equilization, is requested to confirm the assessment as just and equitable after a public hearing on October 24`", 2017. 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: 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. 536 PROPOSED BY: Public Works INTRODUCTION DATE: 9/26/2017 RESOLUTION NO CONFIRMING THE ASSESSMENT ROLL FOR PROPERTY WITHIN THE BOUNDARIES OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 1 (BIRCH BAY LIGHTING DISTRICT) AND REMANDING ROLL TO THE COUNTY TREASURER FOR COLLECTION WHEREAS, on September 12, 2017, the Whatcom County Council approved Resolution #2017-039, authorizing the preparation of a reassessment roll for property within the boundaries of Whatcom County Road Improvement District No. 1 (Birch Bay Lighting District); and WHEREAS, on September 26, 2017, the Whatcom County Council accepted said reassessment roll; and WHEREAS, the Whatcom County Council did determine that the proposed assessment roll is equitable and just under the conditions prevailing. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council, acting as the County Board of Equalization, confirms the assessment roll as follows: The first annual maintenance assessment shall be based upon a Whatcom County Department of Public Works fee of $2.00 per account per year and the rate of $0.45 per lineal front foot. The second and each succeeding annual assessment 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 $0.75 per lineal front foot. Prior to the second and each succeeding annual maintenance assessment, a budget for Whatcom County Road Improvement District No. 1 shall be submitted to the Whatcom County Executive for approval. BE IT FURTHER RESOLVED that the Whatcom County Council, acting as the County Board of Equalization, hereby certifies the reassessment roll, as outlined in Exhibit A to this Page 2 537 resolution, and remands same to the Treasurer for collection. APPROVED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: 141 k. Ah-w_�' Daniel L. Gibson, Chief Civil Deputy Prosecutor Page 3 Barry Buchanan, Council Chair 538 EXHIBIT A Birch Bay Lighting District (RID No. 1) 2018 Assessment Roll As of September 18, 2017 # prop_id geo_id District -Name 1 119237 4001300094870000 Birch Bay Lighting 2 119238 4001300115260000 Birch Bay Lighting 3 119239 4001300124700000 Birch Bay Lighting 4 119241 4001300135080000 Birch Bay Lighting 5 119243 4001300164570000 Birch Bay Lighting 6 119249 4001300264530001 Birch Bay Lighting 7 119250 4001300264530002 Birch Bay Lighting 8 119251 4001300264530003 Birch Bay Lighting 9 119252 4001300264530004 Birch Bay Lighting 10 119253 4001300264530005 Birch Bay Lighting 11 119254 4001300264530006 Birch Bay Lighting 12 119255 4001300264530007 Birch Bay Lighting 13 119256 4001300264530008 Birch Bay Lighting 14 119257 4001300264530009 Birch Bay Lighting 15 119258 4001300264530010 Birch Bay Lighting 16 119259 4001300264530011 Birch Bay Lighting 17 119260 4001300264530012 Birch Bay Lighting 18 119261 4001300264530013 Birch Bay Lighting 19 119262 4001300264530014 Birch Bay Lighting 20 119263 4001300264530015 Birch Bay Lighting 21 119264 4001300264530016 Birch Bay Lighting 22 119265 4001300264530017 Birch Bay Lighting 23 119266 4001300264530018 Birch Bay Lighting 24 119267 4001300303580000 Birch Bay Lighting 25 119268 4001300304210000 Birch Bay Lighting 26 119269 4001300304210001 Birch Bay Lighting 27 119270 4001300304210002 Birch Bay Lighting 28 119271 4001300304210003 Birch Bay Lighting 29 119272 4001300304210004 Birch Bay Lighting 30 119273 4001300304210005 Birch Bay Lighting 31 119274 4001300304210006 Birch Bay Lighting 32 119275 4001300304210007 Birch Bay Lighting 33 119276 4001300304210008 Birch Bay Lighting 34 119277 4001300304210009 Birch Bay Lighting 35 119278 4001300304210010 Birch Bay Lighting 36 119279 4001300304210011 Birch Bay Lighting 37 119280 4001300304210012 Birch Bay Lighting 38 119281 4001300304210013 Birch Bay Lighting 39 119282 4001300304210014 Birch Bay Lighting (Basis= Road Front Footage) Class Seq 84 020 84 020 84 020 84 020 84 020 84 020 84 020 84 020 84 020 84 020 84 020 84 020 84 020 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 020 020 020 020 020 020 020 020 020 020 020 Basis 240.00 165.00 200.00 170.00 40.00 12.00 11.99 11.99 11.99 11.99 11.99 11.99 11.99 11.99 11.99 11.99 11.99 11.99 11.99 11.99 11.99 11.99 11.99 172.60 020 10.21 020 10.21 020 10.21 020 10.21 020 020 020 020 020 020 84 020 84 020 84 020 84 020 84 020 Page 1 of 39 10.21 10.21 10.21 10.21 10.21 10.21 10.21 10.21 10.21 10.21 10.21 539 10cu:1:r_I 40 119284 4001300404130001 Birch Bay Lighting 84 020 7.37 41 119285 4001300404130002 Birch Bay Lighting 84 020 7.37 42 119286 4001300404130003 Birch Bay Lighting 84 020 7.37 43 119287 4001300404130004 Birch Bay Lighting 84 020 7.37 44 119288 4001300404130005 Birch Bay Lighting 84 020 7.37 45 119289 4001300404130006 Birch Bay Lighting 84 020 7.37 46 119290 4001300404130007 Birch Bay Lighting 84 020 7.37 47 119291 4001300404130008 Birch Bay Lighting 84 020 7.37 48 119292 4001300404130009 Birch Bay Lighting 84 020 7.37 49 119293 4001300404130010 Birch Bay Lighting 84 020 7.37 50 119294 4001300404130011 Birch Bay Lighting 84 020 7.37 51 119295 4001300404130012 Birch Bay Lighting 84 020 7.38 52 119296 4001300404130013 Birch Bay Lighting 84 020 7.38 53 119297 4001300404130014 Birch Bay Lighting 84 020 7.38 54 119298 4001300404130015 Birch Bay Lighting 84 020 7.38 55 119299 4001300404130016 Birch Bay Lighting 84 020 7.38 56 119300 4001300404130017 Birch Bay Lighting 84 020 7.38 57 119301 4001300404130018 Birch Bay Lighting 84 020 7.38 58 119307 4001300543560000 Birch Bay Lighting 84 020 150.00 59 119308 4001300543860000 Birch Bay Lighting 84 020 433.00 60 119313 4001300663700000 Birch Bay Lighting 84 020 172.60 61 119449 4001300744920000 Birch Bay Lighting 84 020 957.50 62 119633 4001300841020000 Birch Bay Lighting 84 020 40.00 63 119634 4001300842310000 Birch Bay Lighting 84 020 190.90 64 119637 4001300850790000 Birch Bay Lighting 84 020 40.00 65 119640 4001300860690000 Birch Bay Lighting 84 020 40.00 66 119641 4001300860730000 Birch Bay Lighting 84 020 40.00 67 119642 4001300860820000 Birch Bay Lighting 84 020 21.00 68 119643 4001300860830000 Birch Bay Lighting 84 020 19.00 69 119647 4001300880990000 Birch Bay Lighting 84 020 40.00 70 119650 4001300882060001 Birch Bay Lighting 84 020 4.49 71 119651 4001300882060002 Birch Bay Lighting 84 020 4.49 72 119652 4001300882060003 Birch Bay Lighting 84 020 4.49 73 119653 4001300882060004 Birch Bay Lighting 84 020 4.49 74 119654 4001300882060005 Birch Bay Lighting 84 020 4.49 75 119655 4001300882060006 Birch Bay Lighting 84 020 4.49 76 119656 4001300882060007 Birch Bay Lighting 84 020 4.49 77 119657 4001300882060008 Birch Bay Lighting 84 020 4.49 78 119658 4001300882060009 Birch Bay Lighting 84 020 4.49 79 119659 4001300882060010 Birch Bay Lighting 84 020 4.49 80 119660 4001300882060011 Birch Bay Lighting 84 020 4.49 81 119661 4001300882060012 Birch Bay Lighting 84 020 4.49 82 119662 4001300882060013 Birch Bay Lighting 84 020 4.49 83 119663 4001300882060014 Birch Bay Lighting 84 020 4.49 Page 2 of 39 540 EXHIBIT A 84 119664 4001300882060015 Birch Bay Lighting 84 020 4.49 85 119665 4001300882060016 Birch Bay Lighting 84 020 4.49 86 119666 4001300882060017 Birch Bay Lighting 84 020 4.49 87 119667 4001300882060018 Birch Bay Lighting 84 020 4.49 88 119668 4001300882060019 Birch Bay Lighting 84 020 4.49 89 119669 4001300882060020 Birch Bay Lighting 84 020 4.49 90 119670 4001300882060021 Birch Bay Lighting 84 020 4.49 91 119671 4001300882060022 Birch Bay Lighting 84 020 4.49 92 119672 4001300882060023 Birch Bay Lighting 84 020 4.49 93 119673 4001300882060024 Birch Bay Lighting 84 020 4.49 94 119674 4001300882060025 Birch Bay Lighting 84 020 4.49 95 119675 4001300882060026 Birch Bay Lighting 84 020 4.49 96 119676 4001300882060027 Birch Bay Lighting 84 020 4.49 97 119677 4001300882060028 Birch Bay Lighting 84 020 4.49 98 119678 4001300882060029 Birch Bay Lighting 84 020 4.49 99 119679 4001300882060030 Birch Bay Lighting 84 020 4.49 100 119680 4001300882060031 Birch Bay Lighting 84 020 4.49 101 119681 4001300882060032 Birch Bay Lighting 84 020 4.49 102 119682 4001300882060033 Birch Bay Lighting 84 020 4.49 103 119683 4001300882060034 Birch Bay Lighting 84 020 4.49 104 119684 4001300882060035 Birch Bay Lighting 84 020 4.49 105 119685 4001300882060036 Birch Bay Lighting 84 020 4.49 106 119686 4001300882060037 Birch Bay Lighting 84 020 4.49 107 119687 4001300882060038 Birch Bay Lighting 84 020 4.49 108 119688 4001300882060039 Birch Bay Lighting 84 020 4.49 109 119689 4001300882060040 Birch Bay Lighting 84 020 4.49 110 119690 4001300882060041 Birch Bay Lighting 84 020 4.49 111 119691 4001300882060042 Birch Bay Lighting 84 020 4.49 112 119692 4001300882060043 Birch Bay Lighting 84 020 4.49 113 119693 4001300882060044 Birch Bay Lighting 84 020 4.49 114 119694 4001300882060045 Birch Bay Lighting 84 020 4.49 115 119695 4001300882060046 Birch Bay Lighting 84 020 4.49 116 119696 4001300882060047 Birch Bay Lighting 84 020 4.49 117 119697 4001300882060048 Birch Bay Lighting 84 020 4.49 118 119698 4001300882060049 Birch Bay Lighting 84 020 4.49 119 119699 4001300882060050 Birch Bay Lighting 84 020 4.49 120 119700 4001300882060051 Birch Bay Lighting 84 020 4.49 121 119701 4001300882060052 Birch Bay Lighting 84 020 4.49 122 119702 4001300882060053 Birch Bay Lighting 84 020 4.49 123 119703 4001300882060054 Birch Bay Lighting 84 020 4.49 124 119704 4001300882060055 Birch Bay Lighting 84 020 4.49 125 119705 4001300882060056 Birch Bay Lighting 84 020 4.49 126 119706 4001300882060057 Birch Bay Lighting 84 020 4.49 127 119707 4001300882060058 Birch Bay Lighting 84 020 4.49 Page 3 of 39 541 EXHIBIT A 128 119708 4001300882060059 Birch Bay Lighting 84 020 4.49 129 119710 4001300890490000 Birch Bay Lighting 84 020 40.00 130 119711 4001300890530000 Birch Bay Lighting 84 020 40.00 131 119712 4001300890880000 Birch Bay Lighting 84 020 40.00 132 119731 4001300892850000 Birch Bay Lighting 84 020 3.17 133 119732 4001300892850001 Birch Bay Lighting 84 020 3.17 134 119733 4001300892850002 Birch Bay Lighting 84 020 3.17 135 119734 4001300892850003 Birch Bay Lighting 84 020 3.17 136 119735 4001300892850004 Birch Bay Lighting 84 020 3.17 137 119736 4001300892850005 Birch Bay Lighting 84 020 3.17 138 119737 4001300892850006 Birch Bay Lighting 84 020 3.17 139 119738 4001300892850007 Birch Bay Lighting 84 020 3.17 140 119739 4001300892850008 Birch Bay Lighting 84 020 3.17 141 119740 4001300892850009 Birch Bay Lighting 84 020 3.17 142 119741 4001300892850010 Birch Bay Lighting 84 020 3.17 143 119742 4001300892850011 Birch Bay Lighting 84 020 3.17 144 119743 4001300892850012 Birch Bay Lighting 84 020 3.17 145 119744 4001300892850013 Birch Bay Lighting 84 020 3.17 146 119745 4001300892850014 Birch Bay Lighting 84 020 3.17 147 119746 4001300892850015 Birch Bay Lighting 84 020 3.17 148 119747 4001300892850016 Birch Bay Lighting 84 020 3.17 149 119748 4001300892850017 Birch Bay Lighting 84 020 3.17 150 119749 4001300892850018 Birch Bay Lighting 84 020 3.17 151 119750 4001300892850019 Birch Bay Lighting 84 020 3.17 152 119751 4001300892850020 Birch Bay Lighting 84 020 3.17 153 119752 4001300892850021 Birch Bay Lighting 84 020 3.17 154 119753 4001300892850022 Birch Bay Lighting 84 020 3.17 155 119754 4001300892850023 Birch Bay Lighting 84 020 3.17 156 119755 4001300892850024 Birch Bay Lighting 84 020 3.17 157 119756 4001300892850025 Birch Bay Lighting 84 020 3.17 158 119757 4001300892850026 Birch Bay Lighting 84 020 3.17 159 119758 4001300892850027 Birch Bay Lighting 84 020 3.17 160 119759 4001300892850028 Birch Bay Lighting 84 020 3.17 161 119760 4001300892850029 Birch Bay Lighting 84 020 3.17 162 119769 4001300900580000 Birch Bay Lighting 84 020 40.00 163 119770 4001300900620000 Birch Bay Lighting 84 020 40.00 164 119772 4001300900910000 Birch Bay Lighting 84 020 43.45 165 119790 4001300903260000 Birch Bay Lighting 84 020 431.40 166 119819 4001300920420000 Birch Bay Lighting 84 020 40.00 167 119884 4001301042460000 Birch Bay Lighting 84 020 369.10 168 119928 4001301071680027 Birch Bay Lighting 84 020 3.68 169 119929 4001301071680028 Birch Bay Lighting 84 020 3.68 170 119930 4001301071680029 Birch Bay Lighting 84 020 3.68 171 119931 4001301071680030 Birch Bay Lighting 84 020 3.68 Page 4 of 39 542 EXHIBIT A 172 119932 4001301071680031 Birch Bay Lighting 84 020 3.68 173 119933 4001301071680032 Birch Bay Lighting 84 020 3.68 174 119934 4001301071680033 Birch Bay Lighting 84 020 3.68 175 119935 4001301071680034 Birch Bay Lighting 84 020 3.68 176 119936 4001301071680035 Birch Bay Lighting 84 020 3.68 177 119937 4001301071680036 Birch Bay Lighting 84 020 3.68 178 119938 4001301071680037 Birch Bay Lighting 84 020 3.68 179 119939 4001301071680038 Birch Bay Lighting 84 020 3.68 180 119940 4001301071680039 Birch Bay Lighting 84 020 3.68 181 119941 4001301071680040 Birch Bay Lighting 84 020 3.68 182 119942 4001301071680041 Birch Bay Lighting 84 020 3.68 183 119943 4001301071680042 Birch Bay Lighting 84 020 3.68 184 119944 4001301071680043 Birch Bay Lighting 84 020 3.68 185 119958 4001301071680057 Birch Bay Lighting 84 020 3.68 186 119959 4001301071680058 Birch Bay Lighting 84 020 3.68 187 119960 4001301071680059 Birch Bay Lighting 84 020 3.68 188 119961 4001301071680060 Birch Bay Lighting 84 020 3.68 189 119962 4001301071680061 Birch Bay Lighting 84 020 3.68 190 119963 4001301071680062 Birch Bay Lighting 84 020 3.68 191 119964 4001301071680063 Birch Bay Lighting 84 020 3.68 192 119965 4001301071680064 Birch Bay Lighting 84 020 3.68 193 119966 4001301071680065 Birch Bay Lighting 84 020 3.68 194 119967 4001301071680066 Birch Bay Lighting 84 020 3.68 195 119968 4001301071680067 Birch Bay Lighting 84 020 3.68 196 119969 4001301071680068 Birch Bay Lighting 84 020 3.68 197 119970 4001301071680069 Birch Bay Lighting 84 020 3.68 198 119971 4001301071680070 Birch Bay Lighting 84 020 3.68 199 119972 4001301071680071 Birch Bay Lighting 84 020 3.68 200 119973 4001301071680072 Birch Bay Lighting 84 020 3.68 201 119974 4001301071680073 Birch Bay Lighting 84 020 3.68 202 119988 4001301071680087 Birch Bay Lighting 84 020 3.68 203 119989 4001301071680088 Birch Bay Lighting 84 020 3.68 204 119990 4001301071680089 Birch Bay Lighting 84 020 3.68 205 119991 4001301071680090 Birch Bay Lighting 84 020 3.68 206 119992 4001301071680091 Birch Bay Lighting 84 020 3.68 207 119993 4001301071680092 Birch Bay Lighting 84 020 3.68 208 119994 4001301071680093 Birch Bay Lighting 84 020 3.68 209 119995 4001301071680094 Birch Bay Lighting 84 020 3.68 210 119996 4001301071680095 Birch Bay Lighting 84 020 3.68 211 119997 4001301071680096 Birch Bay Lighting 84 020 3.68 212 119998 4001301071680097 Birch Bay Lighting 84 020 3.68 213 119999 4001301071680098 Birch Bay Lighting 84 020 3.69 214 120000 4001301071680099 Birch Bay Lighting 84 020 3.69 215 120001 4001301071680100 Birch Bay Lighting 84 020 3.69 Page 5 of 39 543 EXHIBIT A 216 120002 4001301071680101 Birch Bay Lighting 84 020 3.69 217 120003 4001301071680102 Birch Bay Lighting 84 020 3.69 218 120004 4001301071680103 Birch Bay Lighting 84 020 3.69 219 120005 4001301071680104 Birch Bay Lighting 84 020 3.69 220 120007 4001301071680106 Birch Bay Lighting 84 020 3.69 221 120008 4001301071680107 Birch Bay Lighting 84 020 3.69 222 120009 4001301071680108 Birch Bay Lighting 84 020 3.69 223 120010 4001301071680109 Birch Bay Lighting 84 020 3.69 224 173404 4001301080180036 Birch Bay Lighting 84 020 12.95 225 173405 4001301080180037 Birch Bay Lighting 84 020 12.95 226 173406 4001301080180038 Birch Bay Lighting 84 020 12.95 227 173407 4001301080180039 Birch Bay Lighting 84 020 12.95 228 173408 4001301080180040 Birch Bay Lighting 84 020 12.95 229 173409 4001301080180041 Birch Bay Lighting 84 020 12.95 230 173410 4001301080180042 Birch Bay Lighting 84 020 12.95 231 173411 4001301080180043 Birch Bay Lighting 84 020 12.95 232 173412 4001301080180044 Birch Bay Lighting 84 020 12.95 233 173413 4001301080180045 Birch Bay Lighting 84 020 12.95 234 173414 4001301080180046 Birch Bay Lighting 84 020 12.95 235 173415 4001301080180047 Birch Bay Lighting 84 020 12.95 236 173416 4001301080180048 Birch Bay Lighting 84 020 12.95 237 173417 4001301080180049 Birch Bay Lighting 84 020 12.95 238 173418 4001301080180050 Birch Bay Lighting 84 020 12.95 239 173419 4001301080180051 Birch Bay Lighting 84 020 12.95 240 173420 4001301080180052 Birch Bay Lighting 84 020 12.95 241 173421 4001301080180053 Birch Bay Lighting 84 020 12.95 242 173422 4001301080180054 Birch Bay Lighting 84 020 12.95 243 173423 4001301080180055 Birch Bay Lighting 84 020 12.95 244 120050 4001301080320000 Birch Bay Lighting 84 020 50.74 245 120052 4001301080370000 Birch Bay Lighting 84 020 50.74 246 120218 4001301261900000 Birch Bay Lighting 84 020 128.43 247 119713 4001301871460001 Birch Bay Lighting 84 020 5.60 248 119714 4001301871460002 Birch Bay Lighting 84 020 5.60 249 119715 4001301871460003 Birch Bay Lighting 84 020 5.60 250 119716 4001301871460004 Birch Bay Lighting 84 020 5.60 251 119717 4001301871460005 Birch Bay Lighting 84 020 5.60 252 119718 4001301871460006 Birch Bay Lighting 84 020 5.60 253 119719 4001301871460007 Birch Bay Lighting 84 020 5.60 254 119720 4001301871460008 Birch Bay Lighting 84 020 5.60 255 119721 4001301871460009 Birch Bay Lighting 84 020 5.60 256 179806 4001301871460000 Birch Bay Lighting 84 020 16.40 257 119722 4001301871460010 Birch Bay Lighting 84 020 5.60 258 119723 4001301871460011 Birch Bay Lighting 84 020 5.60 259 119724 4001301871460012 Birch Bay Lighting 84 020 5.60 Page 6 of 39 544 EXHIBIT A 260 119725 4001301871460013 Birch Bay Lighting 84 020 5.60 261 119726 4001301871460014 Birch Bay Lighting 84 020 5.60 262 119727 4001301871460015 Birch Bay Lighting 84 020 5.60 263 119728 4001301871460016 Birch Bay Lighting 84 020 5.60 264 119774 4001301871460037 Birch Bay Lighting 84 020 6.25 265 119775 4001301871460038 Birch Bay Lighting 84 020 6.25 266 119776 4001301871460039 Birch Bay Lighting 84 020 6.25 267 119777 4001301871460040 Birch Bay Lighting 84 020 6.25 268 119778 4001301871460041 Birch Bay Lighting 84 020 6.25 269 119779 4001301871460042 Birch Bay Lighting 84 020 6.25 270 119780 4001301871460043 Birch Bay Lighting 84 020 6.25 271 119781 4001301871460044 Birch Bay Lighting 84 020 6.25 272 119782 4001301871460045 Birch Bay Lighting 84 020 6.25 273 119783 4001301871460046 Birch Bay Lighting 84 020 6.25 274 119784 4001301871460047 Birch Bay Lighting 84 020 6.25 275 119785 4001301871460048 Birch Bay Lighting 84 020 6.25 276 119786 4001301871460049 Birch Bay Lighting 84 020 6.25 277 119787 4001301871460050 Birch Bay Lighting 84 020 6.25 278 119788 4001301871460051 Birch Bay Lighting 84 020 6.25 279 119789 4001301871460052 Birch Bay Lighting 84 020 6.25 280 119829 4001301871460109 Birch Bay Lighting 84 020 8.00 281 119830 4001301871460110 Birch Bay Lighting 84 020 8.00 282 119831 4001301871460111 Birch Bay Lighting 84 020 8.00 283 119832 4001301871460112 Birch Bay Lighting 84 020 8.00 284 119833 4001301871460113 Birch Bay Lighting 84 020 8.00 285 119834 4001301871460114 Birch Bay Lighting 84 020 8.00 286 119835 4001301871460115 Birch Bay Lighting 84 020 8.00 287 119836 4001301871460116 Birch Bay Lighting 84 020 8.00 288 119837 4001301871460117 Birch Bay Lighting 84 020 8.00 289 119838 4001301871460118 Birch Bay Lighting 84 020 8.00 290 119839 4001301871460119 Birch Bay Lighting 84 020 8.00 291 119840 4001301871460120 Birch Bay Lighting 84 020 8.00 292 119841 4001301871460121 Birch Bay Lighting 84 020 8.00 293 119842 4001301871460122 Birch Bay Lighting 84 020 8.00 294 119843 4001301871460123 Birch Bay Lighting 84 020 8.00 295 119844 4001301871460124 Birch Bay Lighting 84 020 8.00 296 119845 4001301871460133 Birch Bay Lighting 84 020 8.00 297 119846 4001301871460134 Birch Bay Lighting 84 020 8.00 298 119847 4001301871460135 Birch Bay Lighting 84 020 8.00 299 119848 4001301871460136 Birch Bay Lighting 84 020 8.00 300 119849 4001301871460137 Birch Bay Lighting 84 020 8.00 301 119850 4001301871460138 Birch Bay Lighting 84 020 8.00 302 119851 4001301871460139 Birch Bay Lighting 84 020 8.00 303 119852 4001301871460140 Birch Bay Lighting 84 020 8.00 Page 7 of 39 545 EXHIBIT A 304 119853 4001301871460141 Birch Bay Lighting 84 020 8.00 305 119854 4001301871460142 Birch Bay Lighting 84 020 8.00 306 119855 4001301871460143 Birch Bay Lighting 84 020 8.00 307 119856 4001301871460144 Birch Bay Lighting 84 020 8.00 308 119857 4001301871460145 Birch Bay Lighting 84 020 8.00 309 119858 4001301871460146 Birch Bay Lighting 84 020 8.00 310 119859 4001301871460147 Birch Bay Lighting 84 020 8.00 311 119860 4001301871460148 Birch Bay Lighting 84 020 8.00 312 120815 4001302720780000 Birch Bay Lighting 84 020 50.00 313 121517 4001310042330000 Birch Bay Lighting 84 020 50.10 314 121520 4001310052380000 Birch Bay Lighting 84 020 82.40 315 121521 4001310073050000 Birch Bay Lighting 84 020 50.80 316 121526 4001310081400000 Birch Bay Lighting 84 020 40.00 317 121527 4001310081450000 Birch Bay Lighting 84 020 50.00 318 121528 4001310081500000 Birch Bay Lighting 84 020 50.00 319 121529 4001310081550000 Birch Bay Lighting 84 020 58.30 320 121531 4001310082510000 Birch Bay Lighting 84 020 50.20 321 121532 4001310091590000 Birch Bay Lighting 84 020 50.00 322 121533 4001310092560000 Birch Bay Lighting 84 020 50.20 323 121535 4001310093080000 Birch Bay Lighting 84 020 40.00 324 121536 4001310101630000 Birch Bay Lighting 84 020 61.40 325 121537 4001310113120000 Birch Bay Lighting 84 020 39.60 326 121539 4001310122610000 Birch Bay Lighting 84 020 71.10 327 121540 4001310123150000 Birch Bay Lighting 84 020 40.40 328 121542 4001310131740000 Birch Bay Lighting 84 020 64.00 329 121543 4001310132220000 Birch Bay Lighting 84 020 50.00 330 121544 4001310132280000 Birch Bay Lighting 84 020 50.00 331 121545 4001310143190000 Birch Bay Lighting 84 020 40.10 332 121548 4001310151790000 Birch Bay Lighting 84 020 50.00 333 121550 4001310161400000 Birch Bay Lighting 84 020 40.00 334 121551 4001310161730000 Birch Bay Lighting 84 020 50.00 335 121552 4001310163230000 Birch Bay Lighting 84 020 39.90 336 121558 4001310171450000 Birch Bay Lighting 84 020 50.00 337 121559 4001310171500000 Birch Bay Lighting 84 020 50.00 338 121560 4001310171540000 Birch Bay Lighting 84 020 22.80 339 121561 4001310171580000 Birch Bay Lighting 84 020 50.00 340 121562 4001310172330000 Birch Bay Lighting 84 020 91.50 341 121563 4001310173260000 Birch Bay Lighting 84 020 40.00 342 121567 4001310191620000 Birch Bay Lighting 84 020 44.00 343 121568 4001310191890000 Birch Bay Lighting 84 020 50.00 344 121570 4001310203040000 Birch Bay Lighting 84 020 72.00 345 121572 4001310211710000 Birch Bay Lighting 84 020 49.40 346 121573 4001310211930000 Birch Bay Lighting 84 020 50.00 347 121576 4001310222450000 Birch Bay Lighting 84 020 50.00 Page 8 of 39 546 EXHIBIT A 348 121578 4001310223300000 Birch Bay Lighting 84 020 39.91 349 121582 4001310231970000 Birch Bay Lighting 84 020 50.00 350 121583 4001310232500000 Birch Bay Lighting 84 020 50.00 351 181994 4001310233440000 Birch Bay Lighting 84 020 139.96 352 181821 4001310233490000 Birch Bay Lighting 84 020 44.52 353 121584 4001310241760000 Birch Bay Lighting 84 020 50.00 354 121586 4001310243000000 Birch Bay Lighting 84 020 39.00 355 121587 4001310243090000 Birch Bay Lighting 84 020 36.00 356 181851 4001310243460000 Birch Bay Lighting 84 020 8.43 357 121588 4001310252020000 Birch Bay Lighting 84 020 47.70 358 121591 4001310261800000 Birch Bay Lighting 84 020 50.00 359 121592 4001310262550000 Birch Bay Lighting 84 020 50.00 360 121593 4001310263130000 Birch Bay Lighting 84 020 36.00 361 121594 4001310263510000 Birch Bay Lighting 84 020 40.10 362 121596 4001310281860000 Birch Bay Lighting 84 020 50.00 363 121598 4001310282610000 Birch Bay Lighting 84 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Birch Bay Lighting 84 020 14.70 381 121750 4001310313260139 Birch Bay Lighting 84 020 14.70 382 121788 4001310313260177 Birch Bay Lighting 84 020 14.70 383 121803 4001310313260192 Birch Bay Lighting 84 020 14.70 384 121848 4001310313260237 Birch Bay Lighting 84 020 14.70 385 121853 4001310313260242 Birch Bay Lighting 84 020 14.70 386 121854 4001310313260243 Birch Bay Lighting 84 020 14.70 387 121866 4001310313260255 Birch Bay Lighting 84 020 14.70 388 121881 4001310313260270 Birch Bay Lighting 84 020 14.70 389 121893 4001310313260282 Birch Bay Lighting 84 020 14.70 390 121894 4001310313260283 Birch Bay Lighting 84 020 14.70 391 173447 4001310313260376 Birch Bay Lighting 84 020 3.68 Page 9 of 39 547 EXHIBIT A 392 173448 4001310313260377 Birch Bay Lighting 84 020 3.67 393 173449 4001310313260378 Birch Bay Lighting 84 020 3.67 394 173455 4001310313260379 Birch Bay Lighting 84 020 3.68 395 173456 4001310313260380 Birch Bay Lighting 84 020 3.67 396 173457 4001310313260381 Birch Bay Lighting 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Birch Bay Lighting 84 020 50.00 1377 152114 4051245250740000 Birch Bay Lighting 84 020 50.00 1378 152117 4051245261020000 Birch Bay Lighting 84 020 50.20 1379 152118 4051245271260000 Birch Bay Lighting 84 020 50.00 1380 152120 4051245280280000 Birch Bay Lighting 84 020 50.00 1381 152121 4051245280560000 Birch Bay Lighting 84 020 60.00 1382 152122 4051245280680000 Birch Bay Lighting 84 020 50.00 1383 152123 4051245280860000 Birch Bay Lighting 84 020 50.00 1384 152124 4051245290020000 Birch Bay Lighting 84 020 16.67 1385 152126 4051245300910000 Birch Bay Lighting 84 020 50.00 1386 152127 4051245301060000 Birch Bay Lighting 84 020 50.20 1387 152128 4051245310250000 Birch Bay Lighting 84 020 50.00 1388 152129 4051245310710000 Birch Bay Lighting 84 020 50.00 1389 152130 4051245311290000 Birch Bay Lighting 84 020 84.50 1390 152131 4051245320510000 Birch Bay Lighting 84 020 50.00 1391 152132 4051245331100000 Birch Bay Lighting 84 020 50.20 1392 152134 4051245340210000 Birch Bay Lighting 84 020 60.00 1393 152135 4051245340940000 Birch Bay Lighting 84 020 50.00 1394 152136 4051245360480000 Birch Bay Lighting 84 020 50.00 1395 152137 4051245360630000 Birch Bay Lighting 84 020 61.50 1396 152138 4051245361140000 Birch Bay Lighting 84 020 50.20 1397 152139 4051245370180000 Birch Bay Lighting 84 020 50.00 1398 152140 4051245380780000 Birch Bay Lighting 84 020 95.20 1399 152141 4051245381190000 Birch Bay Lighting 84 020 50.20 1400 152142 4051245390970000 Birch Bay Lighting 84 020 50.00 1401 152143 4051245400140000 Birch Bay Lighting 84 020 50.00 1402 152144 4051245400460000 Birch Bay Lighting 84 020 50.00 1403 152146 4051245400590000 Birch Bay Lighting 84 020 50.00 Page 32 of 39 570 EXHIBIT A 1404 152147 4051245401230000 Birch Bay Lighting 84 020 25.20 1405 152149 4051245421000000 Birch Bay Lighting 84 020 50.00 1406 152150 4051245430410000 Birch Bay Lighting 84 020 50.00 1407 152154 4051245441050000 Birch Bay Lighting 84 020 50.00 1408 152155 4051245450550000 Birch Bay Lighting 84 020 91.00 1409 152156 4051245460060000 Birch Bay Lighting 84 020 25.00 1410 152157 4051245460380000 Birch Bay Lighting 84 020 49.10 1411 152158 4051245470710000 Birch Bay Lighting 84 020 49.30 1412 152159 4051245471230000 Birch Bay Lighting 84 020 82.30 1413 152161 4051245480750000 Birch Bay Lighting 84 020 50.00 1414 152162 4051245480800000 Birch Bay Lighting 84 020 50.00 1415 152163 4051245480850000 Birch Bay Lighting 84 020 45.60 1416 152164 4051245480900000 Birch Bay Lighting 84 020 136.30 1417 152165 4051245481080000 Birch Bay Lighting 84 020 50.00 1418 152168 4051245490140000 Birch Bay Lighting 84 020 30.00 1419 152169 4051245490640000 Birch Bay Lighting 84 020 139.90 1420 152170 4051245500340000 Birch Bay Lighting 84 020 49.10 1421 152171 4051245500480000 Birch Bay Lighting 84 020 59.00 1422 152172 4051245521120000 Birch Bay Lighting 84 020 50.00 1423 152174 4051245530090000 Birch Bay Lighting 84 020 45.00 1424 152175 4051245530300000 Birch Bay Lighting 84 020 50.00 1425 152176 4051245530440000 Birch Bay Lighting 84 020 53.10 1426 152177 4051245531250000 Birch Bay Lighting 84 020 65.00 1427 152183 4051245541160000 Birch Bay Lighting 84 020 50.00 1428 152191 4051245580400000 Birch Bay Lighting 84 020 17.00 1429 152192 4051245580550000 Birch Bay Lighting 84 020 85.40 1430 152193 4051245580600000 Birch Bay Lighting 84 020 50.00 1431 152194 4051245580660000 Birch Bay Lighting 84 020 50.00 1432 152195 4051245580700000 Birch Bay Lighting 84 020 50.00 1433 152196 4051245580750000 Birch Bay Lighting 84 020 50.00 1434 152197 4051245580800000 Birch Bay Lighting 84 020 50.00 1435 152198 4051245580850000 Birch Bay Lighting 84 020 50.00 1436 152199 4051245580900000 Birch Bay Lighting 84 020 50.00 1437 152200 4051245581250000 Birch Bay Lighting 84 020 15.70 1438 174846 4051245590230000 Birch Bay Lighting 84 020 188.58 1439 152202 4051245590950000 Birch Bay Lighting 84 020 50.00 1440 152203 4051245591000000 Birch Bay Lighting 84 020 85.30 1441 152204 4051245591210000 Birch Bay Lighting 84 020 70.80 1442 152208 4051245610350000 Birch Bay Lighting 84 020 138.20 1443 152209 4051245611160000 Birch Bay Lighting 84 020 65.00 1444 152214 4051255415740000 Birch Bay Lighting 84 020 270.00 1445 152229 4051255425420000 Birch Bay Lighting 84 020 40.00 1446 152230 4051255435460000 Birch Bay Lighting 84 020 40.10 1447 152231 4051255445600000 Birch Bay Lighting 84 020 40.00 Page 33 of 39 571 EXHIBIT A 1448 152232 4051255555630000 Birch Bay Lighting 84 020 40.00 1449 152233 4051255565480000 Birch Bay Lighting 84 020 30.10 1450 152234 4051255575590000 Birch Bay Lighting 84 020 40.00 1451 152235 4051255585450000 Birch Bay Lighting 84 020 40.10 1452 152238 4051255625570000 Birch Bay Lighting 84 020 10.00 1453 152243 4051255685470000 Birch Bay Lighting 84 020 40.00 1454 152244 4051255695430000 Birch Bay Lighting 84 020 40.00 1455 152247 4051255705700000 Birch Bay Lighting 84 020 119.80 1456 152252 4051255725380001 Birch Bay Lighting 84 020 10.08 1457 152253 4051255725380002 Birch Bay Lighting 84 020 10.08 1458 152254 4051255725380003 Birch Bay Lighting 84 020 10.08 1459 152255 4051255725380004 Birch Bay Lighting 84 020 10.08 1460 152256 4051255725380005 Birch Bay Lighting 84 020 10.08 1461 152257 4051255725380006 Birch Bay Lighting 84 020 10.08 1462 152258 4051255725380007 Birch Bay Lighting 84 020 10.08 1463 152259 4051255725380008 Birch Bay Lighting 84 020 10.08 1464 152260 4051255725380009 Birch Bay Lighting 84 020 10.08 1465 152261 4051255725380010 Birch Bay Lighting 84 020 10.08 1466 152262 4051255725380011 Birch Bay Lighting 84 020 10.08 1467 152263 4051255725380012 Birch Bay Lighting 84 020 10.08 1468 152264 4051255725380013 Birch Bay Lighting 84 020 10.08 1469 152265 4051255725380014 Birch Bay Lighting 84 020 10.08 1470 152266 4051255725380015 Birch Bay Lighting 84 020 10.08 1471 152267 4051255725380016 Birch Bay Lighting 84 020 10.07 1472 152268 4051255725380017 Birch Bay Lighting 84 020 10.07 1473 152269 4051255725380018 Birch Bay Lighting 84 020 10.07 1474 152270 4051255765060000 Birch Bay Lighting 84 020 120.00 1475 152631 4051364050900000 Birch Bay Lighting 84 020 27.00 1476 152634 4051364530930000 Birch Bay Lighting 84 020 57.00 1477 152635 4051364540420000 Birch Bay Lighting 84 020 80.00 1478 152636 4051364550700000 Birch Bay Lighting 84 020 46.30 1479 152637 4051364560170000 Birch Bay Lighting 84 020 60.00 1480 152639 4051364580960000 Birch Bay Lighting 84 020 40.00 1481 152640 4051364590770000 Birch Bay Lighting 84 020 40.00 1482 152641 4051364600450000 Birch Bay Lighting 84 020 80.00 1483 152643 4051364610990000 Birch Bay Lighting 84 020 50.00 1484 152644 4051364620090000 Birch Bay Lighting 84 020 40.00 1485 152645 4051364620800000 Birch Bay Lighting 84 020 40.00 1486 152646 4051364630210000 Birch Bay Lighting 84 020 75.00 1487 152647 4051364650820000 Birch Bay Lighting 84 020 40.00 1488 152648 4051364660480000 Birch Bay Lighting 84 020 80.00 1489 152649 4051364661030000 Birch Bay Lighting 84 020 70.00 1490 152650 4051364701060000 Birch Bay Lighting 84 020 40.00 1491 152651 4051364710240000 Birch Bay Lighting 84 020 75.00 Page 34 of 39 572 EXHIBIT A 1492 152652 4051364710500000 Birch Bay Lighting 84 020 80.00 1493 152653 4051364710870000 Birch Bay Lighting 84 020 80.00 1494 152654 4051364720110000 Birch Bay Lighting 84 020 80.00 1495 152655 4051364741080000 Birch Bay Lighting 84 020 48.00 1496 152656 4051364750890000 Birch Bay Lighting 84 020 40.00 1497 152658 4051364771110000 Birch Bay Lighting 84 020 40.00 1498 152659 4051364780270000 Birch Bay Lighting 84 020 75.00 1499 152661 4051364780530000 Birch Bay Lighting 84 020 150.00 1500 152662 4051364780930000 Birch Bay Lighting 84 020 40.00 1501 152663 4051364801130000 Birch Bay Lighting 84 020 40.00 1502 152664 4051364810110000 Birch Bay Lighting 84 020 80.00 1503 152666 4051364820940000 Birch Bay Lighting 84 020 40.00 1504 152667 4051364841150000 Birch Bay Lighting 84 020 40.00 1505 152668 4051364850970000 Birch Bay Lighting 84 020 40.00 1506 152669 4051364860300000 Birch Bay Lighting 84 020 75.00 1507 152670 4051364860610000 Birch Bay Lighting 84 020 70.00 1508 152672 4051364871170000 Birch Bay Lighting 84 020 40.00 1509 152673 4051364880990000 Birch Bay Lighting 84 020 40.00 1510 152674 4051364890120000 Birch Bay Lighting 84 020 80.00 1511 152675 4051364901200000 Birch Bay Lighting 84 020 40.00 1512 152677 4051364910650000 Birch Bay Lighting 84 020 70.00 1513 152678 4051364911020000 Birch Bay Lighting 84 020 40.00 1514 152679 4051364930330000 Birch Bay Lighting 84 020 75.00 1515 152680 4051364931230000 Birch Bay Lighting 84 020 40.00 1516 152682 4051364951040000 Birch Bay Lighting 84 020 40.00 1517 152684 4051364970110000 Birch Bay Lighting 84 020 80.00 1518 152686 4051364970670000 Birch Bay Lighting 84 020 78.40 1519 152687 4051364971260000 Birch Bay Lighting 84 020 40.00 1520 152688 4051364981060000 Birch Bay Lighting 84 020 40.00 1521 152689 4051365000360000 Birch Bay Lighting 84 020 75.00 1522 152690 4051365011080000 Birch Bay Lighting 84 020 40.00 1523 152691 4051365011270000 Birch Bay Lighting 84 020 53.20 1524 152694 4051365030730000 Birch Bay Lighting 84 020 69.00 1525 152695 4051365041100000 Birch Bay Lighting 84 020 40.00 1526 152696 4051365041310000 Birch Bay Lighting 84 020 103.10 1527 152697 4051365050110000 Birch Bay Lighting 84 020 80.00 1528 152698 4051365060240000 Birch Bay Lighting 84 020 123.69 1529 152699 4051365070390000 Birch Bay Lighting 84 020 98.80 1530 152700 4051365080770000 Birch Bay Lighting 84 020 70.00 1531 152701 4051365081130000 Birch Bay Lighting 84 020 40.00 1532 152702 4051365101160000 Birch Bay Lighting 84 020 40.00 1533 152703 4051365130820000 Birch Bay Lighting 84 020 70.00 1534 152704 4051365141180000 Birch Bay Lighting 84 020 40.00 1535 152705 4051365180070000 Birch Bay Lighting 84 020 80.20 Page 35 of 39 573 EXHIBIT A 1536 152706 4051365180870000 Birch Bay Lighting 84 020 70.00 1537 152707 4051365181550000 Birch Bay Lighting 84 020 85.20 1538 152710 4051365220220000 Birch Bay Lighting 84 020 75.00 1539 152711 4051365220930000 Birch Bay Lighting 84 020 70.00 1540 152712 4051365221210000 Birch Bay Lighting 84 020 38.80 1541 152714 4051365230290000 Birch Bay Lighting 84 020 75.00 1542 152715 4051365230370000 Birch Bay Lighting 84 020 75.00 1543 152716 4051365240110000 Birch Bay Lighting 84 020 40.00 1544 152717 4051365240440000 Birch Bay Lighting 84 020 75.00 1545 152722 4051365260560000 Birch Bay Lighting 84 020 93.10 1546 152723 4051365261310000 Birch Bay Lighting 84 020 10.00 1547 152724 4051365261310001 Birch Bay Lighting 84 020 10.00 1548 152725 4051365261310002 Birch Bay Lighting 84 020 10.00 1549 152726 4051365261310003 Birch Bay Lighting 84 020 10.00 1550 152727 4051365261310004 Birch Bay Lighting 84 020 10.00 1551 152728 4051365261310005 Birch Bay Lighting 84 020 10.00 1552 152729 4051365261310006 Birch Bay Lighting 84 020 10.00 1553 152730 4051365261310007 Birch Bay Lighting 84 020 10.00 1554 152731 4051365261310008 Birch Bay Lighting 84 020 10.00 1555 152732 4051365261310009 Birch Bay Lighting 84 020 10.00 1556 152733 4051365261630000 Birch Bay Lighting 84 020 50.00 1557 152734 4051365270970000 Birch Bay Lighting 84 020 75.00 1558 152737 4051365290630000 Birch Bay Lighting 84 020 93.10 1559 152738 4051365291670000 Birch Bay Lighting 84 020 50.00 1560 152740 4051365311550000 Birch Bay Lighting 84 020 10.00 1561 152741 4051365311710000 Birch Bay Lighting 84 020 50.00 1562 152742 4051365321020000 Birch Bay Lighting 84 020 80.00 1563 152743 4051365341580000 Birch Bay Lighting 84 020 50.00 1564 152744 4051365341750000 Birch Bay Lighting 84 020 50.00 1565 152745 4051365370700000 Birch Bay Lighting 84 020 75.00 1566 152746 4051365371070000 Birch Bay Lighting 84 020 70.00 1567 152747 4051365371620000 Birch Bay Lighting 84 020 50.00 1568 152748 4051365371790000 Birch Bay Lighting 84 020 50.00 1569 152749 4051365380630000 Birch Bay Lighting 84 020 75.00 1570 152750 4051365390070000 Birch Bay Lighting 84 020 77.80 1571 152751 4051365390150000 Birch Bay Lighting 84 020 75.00 1572 152752 4051365390220000 Birch Bay Lighting 84 020 75.00 1573 152753 4051365390290000 Birch Bay Lighting 84 020 75.00 1574 152755 4051365390410000 Birch Bay Lighting 84 020 150.00 1575 152757 4051365390550000 Birch Bay Lighting 84 020 75.00 1576 152758 4051365401650000 Birch Bay Lighting 84 020 50.00 1577 152759 4051365410800000 Birch Bay Lighting 84 020 184.00 1578 152760 4051365421860000 Birch Bay Lighting 84 020 50.00 1579 152761 4051365431540000 Birch Bay Lighting 84 020 41.70 Page 36 of 39 574 EXHIBIT A 1580 152762 4051365431700000 Birch Bay Lighting 84 020 50.00 1581 152763 4051365451900000 Birch Bay Lighting 84 020 50.00 1582 152764 4051365461730000 Birch Bay Lighting 84 020 50.00 1583 152765 4051365471550000 Birch Bay Lighting 84 020 50.00 1584 152767 4051365481950000 Birch Bay Lighting 84 020 58.10 1585 172317 4051365491580000 Birch Bay Lighting 84 020 50.00 1586 152768 4051365501810000 Birch Bay Lighting 84 020 50.00 1587 172318 4051365521600000 Birch Bay Lighting 84 020 100.00 1588 152770 4051365521990000 Birch Bay Lighting 84 020 50.10 1589 152771 4051365531850000 Birch Bay Lighting 84 020 50.00 1590 152773 4051365542030000 Birch Bay Lighting 84 020 50.00 1591 152774 4051365562060000 Birch Bay Lighting 84 020 30.00 1592 152776 4051365571890000 Birch Bay Lighting 84 020 59.90 1593 152778 4051365580070000 Birch Bay Lighting 84 020 77.50 1594 152779 4051365580630000 Birch Bay Lighting 84 020 150.00 1595 152780 4051365580780000 Birch Bay Lighting 84 020 75.00 1596 152781 4051365582090000 Birch Bay Lighting 84 020 46.90 1597 152782 4051365590150000 Birch Bay Lighting 84 020 75.00 1598 152783 4051365590220000 Birch Bay Lighting 84 020 75.00 1599 152786 4051365590850000 Birch Bay Lighting 84 020 75.00 1600 152787 4051365590920000 Birch Bay Lighting 84 020 75.00 1601 152788 4051365600290000 Birch Bay Lighting 84 020 75.00 1602 152789 4051365600370000 Birch Bay Lighting 84 020 75.00 1603 152790 4051365600440000 Birch Bay Lighting 84 020 75.00 1604 152791 4051365601760000 Birch Bay Lighting 84 020 61.70 1605 152793 4051365601950000 Birch Bay Lighting 84 020 50.00 1606 152794 4051365631990000 Birch Bay Lighting 84 020 50.00 1607 152795 4051365632170000 Birch Bay Lighting 84 020 42.00 1608 152796 4051365641790000 Birch Bay Lighting 84 020 50.00 1609 152797 4051365642030000 Birch Bay Lighting 84 020 65.30 1610 152798 4051365651250000 Birch Bay Lighting 84 020 60.00 1611 152799 4051365651310000 Birch Bay Lighting 84 020 60.00 1612 152800 4051365661840000 Birch Bay Lighting 84 020 50.00 1613 152801 4051365662210000 Birch Bay Lighting 84 020 50.00 1614 152803 4051365681670000 Birch Bay Lighting 84 020 30.00 1615 152804 4051365692250000 Birch Bay Lighting 84 020 50.00 1616 152805 4051365711890000 Birch Bay Lighting 84 020 50.00 1617 152806 4051365730570000 Birch Bay Lighting 84 020 100.00 1618 152807 4051365730650000 Birch Bay Lighting 84 020 50.00 1619 152808 4051365730700000 Birch Bay Lighting 84 020 50.00 1620 152809 4051365732290000 Birch Bay Lighting 84 020 50.00 1621 152812 4051365740060000 Birch Bay Lighting 84 020 50.15 1622 152813 4051365740100000 Birch Bay Lighting 84 020 50.00 1623 152814 4051365740330000 Birch Bay Lighting 84 020 150.00 Page 37 of 39 575 EXHIBIT A 1624 152815 4051365740460000 Birch Bay Lighting 84 020 50.00 1625 152816 4051365740750000 Birch Bay Lighting 84 020 50.00 1626 152817 4051365740820000 Birch Bay Lighting 84 020 70.00 1627 152819 4051365740870000 Birch Bay Lighting 84 020 70.00 1628 152821 4051365740950000 Birch Bay Lighting 84 020 140.00 1629 152823 4051365741520000 Birch Bay Lighting 84 020 55.00 1630 152824 4051365741930000 Birch Bay Lighting 84 020 50.00 1631 152826 4051365750160000 Birch Bay Lighting 84 020 50.00 1632 152827 4051365750230000 Birch Bay Lighting 84 020 100.00 1633 152828 4051365751120000 Birch Bay Lighting 84 020 409.10 1634 152843 4051365762320000 Birch Bay Lighting 84 020 50.00 1635 152845 4051365772050000 Birch Bay Lighting 84 020 94.50 1636 152846 4051365781600000 Birch Bay Lighting 84 020 100.00 1637 152847 4051365781980000 Birch Bay Lighting 84 020 39.20 1638 152848 4051365782110000 Birch Bay Lighting 84 020 91.90 1639 152849 4051365810950000 Birch Bay Lighting 84 020 10.00 1640 152850 4051365811680000 Birch Bay Lighting 84 020 50.00 1641 152851 4051365812410000 Birch Bay Lighting 84 020 56.20 1642 152852 4051365821730000 Birch Bay Lighting 84 020 47.50 1643 152853 4051365822170000 Birch Bay Lighting 84 020 72.00 1644 152854 4051365832240000 Birch Bay Lighting 84 020 92.40 1645 152855 4051365832450000 Birch Bay Lighting 84 020 50.10 1646 152858 4051365851830000 Birch Bay Lighting 84 020 188.00 Page 38 of 39 576 EXHIBIT A As of September 18, 2017, subject to any segregations, combinations, additions, deletions, corrections, or any other changes to parcels on the rolls; the undersigned, does hereby certify to the best of my knowledge, that the attached assessment roll for Birch Bay Lighting District has been prepared in accordance with RCW 36.88, and is a true and correct system of assessment that has been applied within the District to the best of our ability. Signed Date Page 39 of 39 577 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-280 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: DMP 08131117 9/26/17 Introduction 1� I I �� G SEP 19 2017 WHATCOM COUNTY COUNCIL Division Head: 10/10/17 Hearing Dept. Head: 'iti Prosecutor: 9& /.0 i `7 Purchasing/Budget: 711 Executive: I. 0��- / TITLE OF D U ENT: Interlocal Agreement between the City of Bellingham and County of Whatcom 2017 Byrne Justice Assistance Grant (JAG) Program Award ATTACHMENTS: Interlocal Agreement between the City of Bellingham and County of Whatcom 2017 B me Justice Assistance Grant JAG Pro ram Award SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( >() Yes ( ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMA R Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) As required by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2017 Local Solicitation is made available to the Whatcom County Council for its review and comment and to citizens for public review and comment. Total Whatcom County Jurisdiction allocation is $35,941 (with $22,828 for the City of Bellingham and $13,113 for Whatcom County). The City of Bellingham will administer the grant and provide $13,113 to Whatcom County Sheriff's Office to purchase ballistic vests. 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. 578 SHERIFF'S 0,'Ff:'T-CE BILL ELF'O SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 MEMORANDUM TO: Jack Louws, County Executive FROM: Bill Elfo, Sheriff g� W DATE: August 31, 2017 JEF F RAMM UNDF_RSHE-RIFF AKf EDGE CHIEF DEPUTY CHIEF DEPUTY ,9TEVE COOLEY CHIEF INSPECTOR REU I �F&`Ns SEP 7 ® 2017 JACK i_OUWS COUNTY EXECUTIVE RE: Interlocal Agreement Between the City of Bellingham and Whatcom County Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2017 Enclosed for review and signature are two (2) originals of the Interlocal Agreement between the City of Bellingham and Whatcom County for Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2017. Total Whatcom County Jurisdiction allocation is $35,941 (with $22,828 for the City of Bellingham and $13,113 for Whatcom County). The City of Bellingham will administer the grant and provide $13,113 to the Whatcom County Sheriff's Office to purchase ballistic vests. Please contact Undersheriff Parks at extension 6610 if you have any questions regarding the terms of this agreement. Thank you. enclosure Our Vision: The Office of Sheriff: Dedicated to malting T%1�hatcom County the ,Safest in the ,State through Excellence .in .Sylq Safety. WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET U ) —7 0 0 0 Originating Department: Sheriff's Office Division/Program: (i.e. Dept. Division and Program) SWAT Contract or Grant Administrator: Jeff Parks, Undersheriff Contractor's / Agency Name: City of Bellingham Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ❑ No ® If No, include WCC: WCC 3.06.010 *COUNCIL, REVIEW IS REQUIRED (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#: 16.738 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: 1003517001- 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 $ 13,113.00 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, professional services, or $ other capital costs approved by council in a capital budget appropriation ordinance. Total Amended Amount: $ 13,1 13.00 3. Bid or award is for supplies or equipment included approved in the budget. 4. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: Interlocal Agreement between City of Bellingham and Whatcom County for U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2017. Total Whatcom County jurisdiction allocation is $35,941 (with $22,828 for the City of Bellingham and $13,113 for Whatcom County). The City of Bellingham will administer the grant and provide $13,113 to Whatcom County Sheriff s Office to purchase ballistic vests. Term of Contract: 08/28/17 1 Expiration Date: Contract Routing: 1. Prepared by: D. Pierce eva .- Date: 2. Attorney signoff: i Date: 3. AS Finance reviewed: � yy 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: 08/31/17 7 Last edited 10/31/16 ME JtNGINAL THE STATE OF WASHINGTON COUNTY OF WHATCOM CITY SECRETARY CONTRACT NO. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM, AND COUNTY OF WHATCOM 2017 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 28th day of August, 2017, by and between The COUNTY of Whatcom, acting by and through its governing body, the County Council, hereinafter referred to as COUNTY, and the CITY of Bellingham, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Whatcom County, State of Washington, witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, per the grant, Whatcom County Jurisdiction is allocated $35,941 in grant funding, $22,828 for the City and $13,113 for Whatcom County: and WHEREAS, the CITY agrees to provide the COUNTY $13,113 from the JAG award for the purchase of Ballistic vests: and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $13,113 of JAG funds. Section 2. COUNTY agrees to use $13,113 for the purchase of Enhanced Ballistic Protection until 2018. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against the "CITY' or "COUNTY" Section 4. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. 581 Page 1 of 2 Section 5. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 6. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF Bellingham, WA -GUNTY OF Whatcom, WA Kelli Linville, Mayor ATTEST: Brian Henshaw, Finance Department APPROVED AS TO FORM: City Attorney Chief of Police Sheriff i I,1aw00 121I7_,672ri77i7allITI Prosecuting Attorney C° 0i /VI Jack Louws, Whatcom County Executive Page 2 of 2 582 Whatcom County Sheriff's Office Program Abstract Abstract Enhanced officer safety and ballistic protection for first responders/tactical personnel — In response to continued violent critical incidents at schools and public venues, the Whatcom County Sheriff's Office has developed enhanced training for incidents involving active violence against vulnerable populations. The most recent tragedy in Orlando, FL which resulted in 49 killed and 53 injured, highlights the threats that face citizens and law enforcement on a daily basis. In an effort to better prepare for and provide an enhanced response to critical violent incidents, the Whatcom County Sheriff's Office conducts ongoing training to deal with these threats and unusual situations that require a tactical response in order to save lives. In addition to training, law enforcement must be prepared and equipped to deal with armed suspects in order to effectively mitigate the threat posed to the public. In the face of such violence and destruction, law enforcement must be adequately equipped to respond in an effective manner. It is essential that all members of the Sheriff's Office have sufficient ballistic resistant vests and to protect them from gunfire. Sheriff's Office uniformed personnel are required to wear ballistic vests. We are required to provide ballistic protective equipment to personnel who are subject to occupational hazards that include gunfire/ballistic threats. The Sheriff's Office currently issues ballistic vests and helmets to all deputy sheriffs. SWAT has a current need for specialized vests that are designed for their assignment and operational needs. The SWAT vests need to be replaced as they are outside the recommended manufacturer's warranty. The Sheriff's Office objective is to utilize allocated funds to purchase and replace current ballistic vests and improve officer safety. Project identifiers — Equipment —Tactical, Body Armor — Ballistic Resistant, Counter Terrorism and Officer Safety. 583 Whatcom County Sheriff's Office 2016 Bryne JAG grant Program Narrative The continued trend of violent attacks on innocent citizens at schools and public venues has reaffirmed why it is imperative that responders be trained and prepared to respond to incidents of active violence in an efficient and effective manner. The Sheriff's Office is uniquely positioned on the international border between the US and Canada, and is subject to both domestic and international threats. This includes not only schools and public venues, but multiple federal facilities and critical infrastructure that may be the targets of violent attacks and/or terrorism. The Sheriff's Office continues to train all deputies to deal with critical incidents, to include terrorist attacks and active shooter scenarios. In addition to training, law enforcement officers must be provided necessary equipment that enhances their officer safety and increases the likelihood that they will be able to carry out their duties without serious injury or loss of life. The recent tragedy in Orlando, FL highlighted the need for ballistic protection for first responder and tactical units. Ballistic protection worn by law enforcement officers saves lives each year and is an essential piece of personal protective equipment. Sheriff's Office uniformed personnel are required to wear ballistic vests. We are required to provide ballistic protective equipment to personnel who are subject to occupational hazards that include gunfire/ballistic threats. The Sheriff's Office currently issues ballistic vests and helmets to all deputy sheriffs. SWAT has a current need for specialized ballistic vests that are specifically designed for their assignment and operational needs. The SWAT ballistic vests need to be replaced, as at least half are currently passed the 5 year recommended manufacturer's warranty period. The Sheriff's Office intends to utilize JAG funding to purchase and replace ballistic vests that have exceeded the standard operational life. These vests are NIJ certified and met the current .06 Level IIIA standards of protection. E. Supplies Ballistic entry vests Total project costs Whatcom County Sheriffs Office 2017 Bryne JAG program Budget and Budget Narrative BUDGET $13,113 Total $13,113 BUDGET NARRATIVE $13,113 EQUIPMENT: In order to provide enhanced ballistic protection and increase officer safety, the Whatcom County Sheriff's Office intends to purchase ballistic vests. Ballistic vests are essential personal protective equipment that is utilized by members of the Whatcom County Sheriff's Office. The use by deputies allows them to carry out their duties while protecting them from sudden violent attacks from gunfire. Ballistic entry vests - The intent is to equip deputies with NIJ certified ballistic entry vests that are rated to stop handgun rounds, as well as some shotgun and rifle rounds. The Whatcom County Sheriff's Office is looking to purchase ballistic vests, which are made in America. These vests are worn by all tactical personnel when responding to incidents where weapons are known to be present or the use of firearms is suspected. The use of ballistic vests by tactical personnel allow them to respond quickly to critical incidents, while providing ballistic protection and improving officer safety. The recent mass shooting in Orlando, FL highlights the use and role ballistic personal protective equipment play in protecting those who protect others. The use of ballistic vests serves to increase the likelihood that they can carry out their duties and save lives, while improving the chances that they go home at the end of the day. 585 I ai O (z c QL LL wo Budget Summary — When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total direct costs and the total project costs. Indicate the amount of Federal funds requested and the amount of non -Federal funds that will support the project. Budget Category Personnel Fringe Benefits Travel Equipment Supplies Construction Consultants/Contracts Other Total Direct Costs 1. Indirect Costs TOTAL, PROJECT COSTS Federal Request $13,113 13,113 Non-FcderaI Amounts _ Total !Federal 'Request $13,113 !Non -Federal Amount $0 I ;Total Project Cost j $13,113 Public Reporting Burden $1.3,1.13 $0 $0 $0 $13,113 $0 $13,113 Paperir,orlf Reduction Act Notice.- Under the Paperwork Reduction Act, a person is not required to respond to a collection pf'irfbrn?.ation unless it displays a current valid 0tv1B control number. PVC, try to create,forins and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide its ivilh information. .T`he estimated oi,eia,g( tune to corriplele and file this application is four (4) hours per opplication. If you have comments regarding the accuracy of this estinsate, or suggestions for making this form simpler, you can write the Office of Justice Programs, Office of the Chigf Financial Officer, 810 Seventh Street, NTV, TVashingion, IBC 20531; and to the Public Use Reports Project, 1121-0188, Office of'le formation and Red,>ulatory Flffairs, Office of tLtcznagement and Budget, PVashinglon, DC 20503, 587 Whatcom County Sheriff's Office 2017 Edward Bryne Memorial JAG Program FY2017 Local Solicitation Review Narrative The Whatcom County Sheriff's Office intends to make its Fiscal Year 2017 JAG application available to the Whatcom County Council for introduction on September 26, 2017. The application has not yet been made available for public review and comment. The Whatcom County Sheriff's Office will make its Fiscal Year 2017 JAG application available to citizens for comment at the Whatcom County Council meeting on October 10, 2017. Whatcom County Sheriff's Office 2017 Edward Bryne Memorial JAG Program FY 2017 Local Solicitation Applicant Disclosure of Pending Applications The Whatcom County Sheriff's Office does have a pending application within the last 12 months for federal funding to cover some costs of the proposed program under this solicitation. The Whatcom County Sheriff's Office has applied for the 2017 DOJ Bulletproof Vest Partnership grant. Federal Funding Agency Solicitation Name I Name/Phone/Email for Point of Contact USDOJ Bulletproof Vest Partnership I 1-877-758-3787/owner-bvp-list@ojp.usdoj.gov e U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS ,Justice Assistance Grant (JAG) Program Body Armor Mandatory Wear Policy Certification On behalf of the applicant entity named below, I certify the following to the Office of Justice Programs, U.S. Department of Justice: I have personally read and reviewed the section entitled "Body Armor Certification" in the program announcement for the grant program identified above. I certify that our agency currently has a written "mandatory wear" policy in effect. I acknowledge that a false statement in this certification may be subject to criminal prosecution, including under 18 U.S,C. § 1001. 1 also acknowledge that Office of Justice Program grants, including certifications provided in connection with such grants, are subject to review by the Office of Justice Programs, and/or by the Department of Justice's Office of the Inspector General. I have authority to make this certification on behalf of the applicant entity (that is, the entity applying directly to the Office of Justice Programs). z 2017 Fiscal Y ' _rof`: 'G ��.t& Si, tuic of Ccstilyh g Official Doug Chadwick Printed Name of Certifying Official^ Chief Criminal Deputy Title of Certifying Official Full Name of Applicant Entity 8/28/17 Date 590