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HomeMy WebLinkAboutPacket Oct 7 2008WHATCOM COUNTY COUNCIL AGENDA BILL No. 2008-074A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: �n r D V 10/7/08 Nat Res/Counci Division Head: 3 6 2008 4 Dept. Head: /o 918SEP UWHAT CONI COUNTY COUNCIL Prosecutor: Pcrrchasin /Bud t: ` v Executive: TITLE O DOCU&Yhfake Whatcom Watershed Land Transactions Memorandum of Agreement Between Whatcom County and Washington State Department of Natural Resources September 23, 2008 ATTACHMENTS: Memorandum of Agreement SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, yoga 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 authorization for the County Executive to enter into a memorandum of agreement with the State Department of Natural Resources for the purpose of preparing an inter -grant exchange and subsequent re -conveyance proposal for a transfer of lands within and adjoining the Lake Whatcom Watershed Reservoir for park purposes pursuant to RCW 79.22.300. 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 �oM co Michael McFarlane PARKS & RECREATION DEPT. �P�= 5°y Director . a 3373 Mount Baker Highway 3��. < .-<r•=�:.:.�-� Bellingham WA 982261 `or SE E IVED �`SN I N GEC SF P 16 2008 MEMORANDUM PETE KREMEIN COUNTY EXECUTIVE TO: Pete Kremen, County Executive and Members of the Whatcom County Council FROM: Michael McFarlane, Director RE: Lake Whatcom Watershed Land Transactions Memorandum of Agreement between Whatcom County and the Washington State Department of Natural Resources DATE: September 10, 2008 Enclosed are two (2) originals of the Lake Whatcom Land Transactions Memorandum of Agreement between Whatcom County and the Washington State Department of Natural Resources for review and signature. ■ Background and Purpose In February 2008, through a collaborative process, the Whatcom County Executive and Commissioner of Public Lands reached an agreement on a process to transfer approximately 8,000 acres of DNR forest lands within and adjoining the Lake Whatcom Watershed to Whatcom County for park purposes pursuant to RCW 79.22.300. The transfer will require the Department of Natural Resources to conduct an exchange of trust lands through an inter -grant process and the preparation of'a re -conveyance proposal for approval by the Whatcom County Council and Natural Resources Board. The memorandum of agreement will guide and govern this process. ■ Funding Amount and Source It is anticipated that the administrative costs to prepare the inter -grant and re -conveyance proposal will not exceed $300,000. Whatcom County will need to pay the administrative costs and enter into an interagency agreement with DNR to complete the required work. It is recommended that the general fund be used initially to facilitate the process and upon approval of the re -conveyance and transfer of title, that the general fund be reimbursed by the Conservation Futures. Fund. Please contact Michael McFarlane at extension 32072 if you have any questions or concerns regarding the terms of this agreement. Encl. 2 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Parks & Recreation Contract Administrator: Michael McFarlane Contractor's /Agency Name: Washington Department of Natural Resources Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes No X If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting N/A memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services Request authorization for the County Executive to enter into a memorandum of agreement with the Washington Department of Natural Resources for the preparation of an inter -grant exchange and re -conveyance proposal for forest lands within and adjoining the Lake Whatcom Watershed to be used for park purposes Term of Contract: Expiration Date: 1. Prepared Attorney reviewe4: 3. AS Finance reviewed: 4. IT reviewed if IT related 5. Corrections made: 6. Attorney signoff.•',.,- 7. Contractor signed: 8. Submitted to Exec Office 9. Reviewed by DCA 10. Council approved (if necessary) Executive signed: Contractor Original Returned to dept; County Original to Council 11 12 13 14 Date 2-/a -e,% [electronic/ Date [electronic] Date [electronic] Date [electronic] Date [electronic] hard copy printed Date Date Date -/(, -U [summary via electronic, hardcopies] Date Date Date Date Date this form may need to expand to more than one page this form may need to expand to more than one page 3 WHATCOM COUNTY °M Michael McFarlane `� cO PARKS &RECREATION DEPT. P i5 „4 Director 3373 Mount Baker Highway Bellingham WA 982261 4. '9SH 1 N GEC ° RECEIVIED S E P 16 2008 MEMORANDUM FETE KREMEN COUNTY EXECUTIVE TO: Pete Kremen, County Executive and Members of the Whatcom County Council FROM: Michael McFarlane, Director RE: Lake Whatcom Watershed Land Transactions Memorandum of Agreement between Whatcom County and the Washington State Department of Natural Resources DATE: September 10, 2008 Enclosed are two (2) originals of the Lake Whatcom Land Transactions Memorandum of Agreement between Whatcom County and the Washington State Department of Natural Resources for review and signature. ■ Background and Purpose In February 2008, through a collaborative process., the Whatcom County Executive and Commissioner of Public Lands reached an agreement on a process to transfer approximately 8,000 acres of DNR forest lands within and adjoining the Lake Whatcom Watershed to Whatcom County for park purposes pursuant to RCW 79.22.300. The transfer will require the Department of Natural Resources to conduct an exchange of trust lands through an inter -grant process and the preparation of'a re -conveyance proposal for approval by the Whatcom County Council and Natural Resources Board. The memorandum of agreement will guide and govern this process. ■ Funding Amount and Source It is anticipated that the administrative costs to prepare the inter -grant and re -conveyance proposal will not exceed $300,000. Whatcom County will need to pay the administrative costs and enter into an interagency agreement with DNR to complete the required work. It is recommended that the general fund be used initially to facilitate the process and upon approval of the re -conveyance and transfer of title, that the general fund be reimbursed by the Conservation Futures Fund. Please contact Michael McFarlane at extension 32072 if you have any questions or concerns regarding the terms of this agreement. Encl. N Lake Whatcom Watershed Land Transact' ns11vH/d TCOM COUNTY Memorandum of Agreement CONTRACT NO* between 0 D 9.0 9 0a Whatcom County and Washington State Department of Natural Resources September 23, 2008 Purpose of the Proposed Transaction Whatcom County (County) and the Washington State Department of Natural Resources (DNR) propose to prepare a re -conveyance to the County of certain State Forest lands within the Lake Whatcom watershed for park purposes, pursuant to RCW 79.22.300, following a re -arrangement of trust designations of state-owned trust land in the watershed (inter -grant exchange) which will consolidate some or all State Forest lands and federally -granted State Trust lands. This Memorandum of Agreement will guide and govern all actions by the County and DNR necessary to prepare the inter -grant exchange and the subsequent re -conveyance, for approval by the Whatcom County Council and the Board of Natural Resources. The County and DNR seek by this proposed transaction to resolve long-standing questions regarding the management of state trust lands in the watershed in a manner that serves the best interests of both local and state residents, including the beneficiaries of state trust lands. This objective builds upon unique circumstances present in the watershed, in which a large block of state-owned trust forest land is situated very near a. major metropolitan area. The County and DNR intend to use this MOA to facilitate a well -coordinated and predictable process to accomplish this stated objective. The County seeks to accommodate future park needs of County residents by securing and managing for park purposes major tracts of relatively undeveloped forest land within minutes of a major population center. The County intends to manage the re -conveyed lands primarily for passive park and recreational experiences in a relatively wild and natural setting, within walking or biking distance for many urban residents. The proposed future park lands will also provide wildlife habitat and a minimally disturbed portion of the lake's watershed. This proposal helps ensure that these opportunities are available for future generations to enjoy, and maintains a high quality of life for County residents. DNR will recognize and act on the County's request for re -conveyance, while fulfilling its legal obligation to the beneficiaries of the state-owned trust lands which will remain in State ownership and DNR management in the watershed. DNR acknowledges the topographic diversity in the watershed and the resulting diversity of management settings for trust forest land management. DNR seeks to create an ownership pattern in the watershed which facilitates sustainable management of trust forest lands for trust purposes and for associated ecological and public benefits including clean water, timber, public revenue, wildlife habitat, and recreation. Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 5 Summary of the Agreement This Memorandum of Agreement specifies the scope, rationale, procedural steps and understandings, subsequent management considerations, and timeline for the proposed transaction. Background and Context State trust lands in the Lake Whatcom Landscape Planning Area comprise approximately 15,700 acres, including small adjoining portions of contiguous parcels, and a block of lands west of Cain Road and Reed Lakes. As a whole the watershed is composed of 31 percent urban residential, 46 percent state trust forest land, and 23 percent private forest land. Of the state trust forest land, about 9,350 acres are State Forest lands managed to benefit Whatcom County and its junior taxing districts (8,470 acres of State Forest "transfer," and 880 acres of State Forest "purchased"), and about 5,660 acres are federally -granted trust lands managed to benefit various trust beneficiaries, primarily K- 12 common schools statewide. In addition, 690 acres are State Forest lands located in and managed to benefit Skagit County. The watershed provides drinking water to a majority of the residents of Whatcom County. In 1993, at the request of Whatcom County, DNR doubled its acreage of state-owned trust forest land within the watershed through a land exchange with Trillium Corporation. The watershed has a long history of damaging storm -induced landslides from its steep forested slopes. In 1999, and again in 2000, County residents urged the state legislature to pass legislation relating to DNR's planning and trust land management in the watershed, and addressing local residents' concerns over drinking water quality and public safety in relation to landslides. The 2000 legislation created a local Inter jurisdictional Committee (IJC), which DNR worked with until 2004 to create a Lake Whatcom Landscape Plan and accompanying Environmental Impact Statement. The plan represented DNR-IJC consensus on most management issues, including streamside and unstable slope protection that goes beyond current state forestry regulations. The Board of Natural Resources adopted the Lake Whatcom Landscape Plan in November, 2004, while expressing concern over the balance of costs and benefits of implementing the plan, in relation to the State's fiduciary responsibilities to trust beneficiaries. As called for in 'the landscape plan, DNR established a new Inter :jurisdictional Committee, which had its first meeting in February, 2005. The committee conducts a site - specific review of proposed DNR activities in the watershed and makes recommendations. The IJC has met numerous times, conducted many field tours, and provided written recommendations on many planned DNR management activities including proposed timber sales, road construction, maintenance and abandonment plans, and silvicultural projects. Also in February, 2005, Skagit County and junior taxing districts in Skagit and Whatcom Counties filed a lawsuit against the State challenging the validity of the landscape plan, Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 0 alleging that it violated the State's trust obligations to the County and taxing districts. That lawsuit is ongoing. In the spring of 2007, representatives of Whatcom County approached DNR to introduce a County proposal regarding re -conveyance of State Forest lands in the watershed for park purposes under RCW 79.22.300. After several meetings over the course of the spring and summer of 2007, Whatcom County Executive Pete Kremen and Commissioner of Public Lands Doug Sutherland agreed on September 21, 2007 to develop and sign a Memorandum of Agreement to accomplish a re -conveyance. Scope of the Land Transactions The proposed inter -grant exchange and re -conveyance is most likely to result in two ownership blocks that will be transferred to Whatcom County for public park use and three ownership blocks that will remain in trust ownership and be managed by DNR as working forests. The attached map, labeled "Proposed Inter -grant Exchange and Re - conveyance," shows the location of the trust land parcels in the Lake Whatcom Landscape Planning Area that are being considered for exchange and re -conveyance, as well as an outline of the Whatcom County and DNR management blocks that would result from this proposal. The map depicts preliminary ideas only, and both size and precise boundaries for the final re -conveyance should not be inferred. DNR and the County understand that specific parcels will be brought up for discussion in the process of finalizing the inter -grant exchange and developing a final re -conveyance package. Rationale for the Inter -grant Exchange In the current configuration of trust land designations in the watershed, various designations are intermingled in a complex way, including State Forest lands and federally -granted State Trust lands. Therefore, re -conveying the State Forest lands to the County in their current configuration would result in a complex intermingling of future County park and future State Trust land ownership. This intermingling would greatly complicate the ongoing management of both the park and the trust lands. In addition, the intermingled character of the land designations greatly increases the costs of preparing for and carrying out the re -conveyance. Finally, in many cases the lands most appropriate for ongoing park purposes and for ongoing working forest management as trust lands don't currently reflect State Forest and other State Trust ownership, respectively. An opportunity exists to rearrange the State Forest lands and other State Trust lands into more contiguous blocks prior to re -conveyance, to provide more manageable areas for each, to increase compatibility of future management of the respective ownerships, to reduce transaction costs, and to position the future park lands and working forests on the most appropriate landscape features. In general, future County park lands would be located on both sides of the central portion of the watershed, often on relatively more environmentally sensitive lands, while state trust lands would be located to the northeast and southeast areas of the watershed, often on less steep and more stable lands. Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 7 Inter -grant Exchange Process Washington's Department of Natural Resources, as trust land manager, occasionally facilitates an exchange between trusts under RCW 79.22.300. Inter -grant exchanges are subject to all the requirements for land exchanges described in Chapter 79.17 RCW. Inter -grant exchanges must also comply with the common law duties of trust management, which is to say that one trust can't benefit at the cost of another trust and that the current generation cannot benefit at the cost of future generations, or vice versa. Inter -grant Exchange Steps 1. Identify State Forest Land and exchange parcels that have similar attributes (site class, current use, appreciation potential). 2. Conduct title and property reviews in order to identify any issues or attributes that may affect value. 3. Select contract timber cruiser, timber appraiser, land appraiser, review appraiser as needed. All properties in the exchange must be appraised by a qualified appraiser, and the appraisal must meet all applicable department and industry standards. 4. Advertise and conduct at least one public hearing, jointly with the County. 5. Balance values in the exchange once cruise and appraisal are completed. The final balance should result in either benefit for both trusts, or provide a benefit to one trust without harming the value of another. 6. Prepare documents and presentation for Board of Natural Resources approval. 7. Close transaction by updating title documents and other internal records. Rationale for the Re -conveyance With rapid growth and development occurring throughout Whatcom County, Lake Whatcom and its relatively undeveloped watershed currently provides a rare and unique opportunity to accommodate the park and recreational needs of County residents. Within minutes of the major population center are large tracts of wild lands comprised of parks, working forests and other lands. While invaluable for wildlife habitat and lake protection, this area can also provide a passive recreational experience seldom found in close proximity to the urban environment. The value of these lands for recreational purposes was first identified in County planning efforts in the early 1970s when the area was designated as a recreational resource management area. The continued increase in population and proximity to the City of Bellingham and Sudden Valley Urban Growth area places increased demand upon these lands for public parks and recreation. The location of these lands within the Lake Whatcom Watershed requires additional management efforts and strategies to minimize impacts to the watershed and properly accommodate use. Whatcom County is proposing to take a major leadership role by requesting from the DNR that two areas in the Lake Whatcom watershed be set aside through re -conveyance Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 i as regional parks serving a multitude of park and recreational purposes and providing a wild and natural experience within walking and biking distance for many residents. These regional parks will connect with neighborhoods, communities and other area attractions and will be similar in scope and nature to the highly successful Chuckanut Mountain Recreation Area. Activities will be determined through a planning process and may provide a variety of passive recreational activities such as camping, hiking, fishing, picnicking and bicycling. Development and management will need to be sensitive to the watershed and utilize low impact design practices. Lookout Mountain Regional Park: If re -conveyed, Lookout Mountain Regional Park will be located on the western side of Lake Whatcom and encompass the eastern slope of Lookout Mountain. This parkway will provide a buffer between the Bellingham Urban Growth Area and Lake Whatcom. Public access will be provided to trails, day use areas and destination points within the Park. A trail system will be developed to lead visitors to spectacular views of Bellingham Bay and Lake Whatcom and will interconnect to City and County parklands and private trails to the north and west. Lake Whatcom Regional Park: Located on the eastern shore of Lake Whatcom, Lake Whatcom Regional Park, if re - conveyed, is envisioned to encompass portions of the Smith Creek Watershed and over three miles of lake shoreline. Active recreation and parking will be accommodated within the existing Lake Whatcom County Park with access provided to a system of trails leading to other park areas, overlooks, and connecting trails. The re -conveyance will include the southern mile of the Hertz multi -use trail, waterfalls, rock climbing areas, fishing accesses and scenic overlooks of Lake Whatcom. Also envisioned are rustic back country campsites and hiking trails linking the Y-Road trailhead, Sunnyside Landing, South Lake Whatcom and the community of Acme. Re -conveyance Process RCW 79.22.300 allows a county to request the transfer of certain State Forest lands back to the county for public park use when in accordance with the county and the state comprehensive outdoor recreation plans. The statute requires the Board of County Commissioners to file an application for re -conveyance with the Board of Natural Resources, and specifies that DNR is to determine whether the request is consistent with the state comprehensive outdoor recreation plan. DNR may place conditions on the re - conveyance regarding management of adjacent public lands for maximizing multiple use and reserving of necessary rights of way, and may only deny a request if the department finds that the proposed use is not in accord with the state comprehensive outdoor recreation plan. Re -conveyance Steps 1) A request for re -conveyance is initiated by the County submitting a letter requesting re -conveyance to DNR's region manager. 2) The region reviews the County's letter -to determine: a. Documented need for .the subject land as public park land, Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 9 b. Consistency with an approved county recreation plan, and c. Consistency with the state comprehensive outdoor recreational plan, including consultation with other entities if applicable. 3) DNR will give public notice of a public meeting per RCW 42.30.060 to seek public comment, jointly with the County, on the need for the subject land as public park land, and consistency with the applicable recreation plans. 4) The region will use public input, internal review, and consultation with other agencies and tribes, to identify any necessary conditions for continued management of adjacent trust lands, including: a. Conditions that maximize multiple use, and b. Reservation of rights -of -way to manage other public lands in the area. 5) The region will prepare for the Board of Natural Resources a summary of public comments and a recommendation regarding acceptability with applicable recreation plans, including necessary conditions. 6) The County will present the request for re -conveyance to the Board of Natural Resources as an agenda item at a scheduled meeting. 7) . The Board of Natural Resources may: a. Approve the request, b. Approve with conditions, or c. Deny the request if found to be inconsistent with the state outdoor recreation plan. 8) If approved, D1VR will prepare the necessary transfer paperwork to complete the re -conveyance. Management Issues to be Addressed by County and DNR Roads & Easements: Agreements will need to be developed for: 1. The maintenance and repair of roads shared by both the County and DNR — including the status of current road system at time of transfer. (Note: DNR will complete road maintenance and abandonment work meeting State Forest Practices standards by November, 2008.) 2. Access needs across both ownerships (roads and trails) a. Administrative b. Public 3. Easement documentation Forestry/Resource Management. Agreements will need to be developed to address: 1. How forest practices within the potentially re -conveyed areas will be handled by DNR during the negotiation period. For example, timber sales not already prepared and approved will be located to avoid areas being considered for re - conveyance, other than as necessary for salvage. Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 10 2. Any roles, responsibilities or obligations DNR would retain on lands re -conveyed to the County, and conversely the roles, responsibilities and obligations the County assumes, including: a. Any potential management of timber on the re -conveyed lands; b. Habitat Conservation Plan obligations; c. Fire control responsibilities; d. Other legal rights, obligations, or liabilities. Management Issues for Retained Trust Lands This proposal would result in three blocks of trust ownership that will continue to be managed by DNR for trust beneficiaries. These are the Olson Creek block in the northeast part of the planning area, and the Park Road and Anderson Mountain blocks in the southeast part of the planning area. In addition, DNR will retain approximately five acres at the Lookout Mountain Communication Site and two acres at the South Lookout Mountain Communication Site, which are within the Whatcom County Lookout/Cain management block, for ongoing trust management of these sites. See the "Proposed Inter -grant Exchange and Re -conveyance Map" for locations of these blocks. Access: As part of this transaction DNR will need to: Reserve an easement for the existing LM-1000 and LM-2000 Roads, on property re -conveyed to Whatcom County. This will be necessary for management access to the Lookout Mountain and South Lookout Mountain communication sites. Be granted an easement for the existing Lookout Mountain Road (LM-2000), from the Lake Louise Road to existing State Forest lands, from Whatcom County. This will be necessary for management access to the South Lookout Mountain communication site. • Reserve an easement for access and future construction of up to 0.6 miles of road on property re -conveyed to Whatcom County. This will be necessary for access to a portion of the Olson Creek block and to the existing communication site on Galbraith Mountain. Public Use: There is existing recreational use of all three management blocks. Hikers and horseback riders regularly use the roads and user built trails in the Olson Creek block. There is less use of the Park Road and Anderson Mountain blocks due to their steeper topography. These uses are currently compatible with resource management activities but conflicts could develop in the future if the frequency of use grows. Potential public concern about resource management in the Lake Whatcom watershed or adjacent to newly created park land would need to be addressed collaboratively by DNR and Whatcom County. Communication and Dispute Resolution The County and DNR will at all times attempt to develop and adhere to joint public statements about the re -conveyance and related actions, progress in completing the work Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 11 outlined by this MOA, and any issues that arise pertaining to this work. This will include periodic joint statements of progress, as well as a mutual commitment to make public statements regarding the matters related to implementing this MOA only after notifying the other party and attempting to develop a joint statement. If a dispute or potential dispute arises regarding activities relating to implementing this MOA, the parties agree to attempt to promptly resolve such dispute by consulting together first at the organizational level at which the dispute or potential dispute arises. If resolution is not reached, the dispute will be elevated to the named principal contacts for the MOA, and then, if needed, to the signatories to the MOA or their successors. Staffing The County and DNR commit to providing the necessary staff effort to accomplish the transaction described in this MOA approximately according to the timeline presented below. The County and DNR will execute an Interagency Agreement under which the County will provide funds to DNR to hire a staff person to assist with the transaction, so that the timeline can be met. Without that funding, DNR will not be able to meet the proposed timeline. Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 12 C •. ON 0 0 N cri CV N E a) a U n C N E rn 0 E 0 E u> co U m Yy N 0 y Z O G r CL U) cn 0 r 13 Principle Contacts for this Memorandum of Agreement Accepted For Whatcom County: Approved as to form: ` Prosecuting Atto at By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) )ss COUNTY OF WHATCOM ) Dated: On this day of , 2008, before me personally appeared Pete Kremen, 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 Accepted For Washington State Department of Natural Resources: Dated: Doug Sutherland, Commissioner of Public Lands Washington State Department of Natural Resources STATE OF WASHINGTON ) )ss COUNTY OF WHATCOM ) On this day of , 2008, before me personally appeared Doug Sutherland, to me known to be the Commissioner of Public Lands for the Washington State Department of Natural Resources, 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 Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement - September 23, 2008 10 14 PROPOSED INTERGRANT EXCHANGE - BEFORE State Trust Ownerships in Lake Whatcom Landscape EA E NUMENT OF )u rce5 r of Pablk Lands PROPOSED RECONVEYANCE - AFTER INTERGRANT EXCHANGE State Trust and Whatcom County Ownerships in Lake Whatcom Landscape .ANDS NDS EA EA E 4RTMENT OF .)u rces r & public Lands WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 — 227 Q CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator: 9/30/2008 10/7/2008 Finance Division Head: Dept Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Discussion regarding setting schedule for Council review of 2009/2010 budget ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion regarding the setting of a schedule for Council review of the 2009/2010 budget COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www. co. whatcom. wa. us/council. 17 CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 WHATCOM COUNTY COUNCIL September 30, 2008 MEMORANDUM TO: All Councilmembers FROM: Dana Brown -Davis, Clerk of the Council SUB]: 2009-2010 Budget Review Schedule COUNCILMEMBERS Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Bob Kelly L. Ward Nelson Carl Weimer I have reviewed the Council's upcoming calendar and penciled in some possible dates for scheduling review of the proposed 2009-2010 Whatcom County Budget. In the past, we scheduled our budget review meetings on Tuesdays, Wednesdays and Thursdays, so I stayed with those days of the week. If the Council wishes to meet on Mondays or Fridays, we will need to check the availability of the Council Chambers. The following dates and times are available: DATE: NOTES ABOUT THIS DATE: Tuesday, October 21, 2008 Regular council and committee meetings are scheduled for this date. There may be time available to begin budget discussions, depending on committee schedules. Wednesday,October 22 2008 Council Chambers available from 9:30 a.m. to 3:00 p.m. Thursday, October 23, 2008 Council Chambers available from 9:30 a.m. to 5:00 p.m. Tuesday, October 28, 2008 No council or committee meetings are scheduled for this date, Council Chambers available from 9:30 to 5:00 p.m. Wednesday, October 29, 2008 Council Chambers available from 9:30 a.m. to 5:00 p.m. Thursday, October 30, 2008 Tuesday, November 4, 2008 No council or committee meetings are scheduled for this date, Council Chambers available from 9:30 to 5:00 p.m. Wednesday, November 5, 2008 Council Chambers available from 9:30 a.m. to 3:00 p.m. Thursday, November 6, 2008 Council Chambers available from 9:30 a.m. to 5:00 p.m. Tuesday, November 11 2008 Holiday Wednesday, November 12, 2008 Regular council and committee meetings are scheduled for this date. If necessary, we can work on keeping committee schedules light in case additional time is needed during the day to discuss the budget. The Council is scheduled to hold a public hearing and adopt the 2009-2010 budget at our regular evening meeting. I plan to attend the October 7, 2008, Finance Committee meeting to discuss the upcoming budget review schedule. If you have questions before that date, please let me know. Attachment: 2007-2008 Schedule (for reference purposes) Phone: (360) 676-6690 TTY: (360) 738-4555 FAX: (360) 738-2550 18 COUNCIL FINANCE AND ADMINISTRATIVE SERVICES COMMITTEE Members: Sam Crawford, Ward Nelson, Carl Weimer PROPOSED 2007 - 2008 WHATCOM COUNTY BUDGET REVIEW SCHEDULE Thursday, October 19, 2006 9:20 - 9:30 a.m. Introduction 9:30 - 10:00 a.m. Juvenile Court 10:00 - 11:00 a.m. Sheriff and Jail 11:00 - 11:45 a.m. District Court and District Court Probation 11:45 a.m. - 12:30 p.m. Superior Court 12:30 - 1:30 p.m. Lunch Break 1:30 - 1:50 p. m. Assessor 1:50 - 2:10 p.m. Treasurer 2:10 - 2:40 p.m. Auditor 2:40 - 3:40 p.m. Public Works 3:40 - 4:10 p.m. Planning and Development Services 4:10 - 4:35 p.m. Miscellaneous Non -Departmental 4:35 - 4:45 p.m. Executive 4:45 - 5:00 p.m. Council and Hearing Examiner Tuesday, October 24, 2006 9:00 - 9:45 a.m. Health 9:45 - 10:15 a.m. Prosecuting Attorney and Law Library 10:15 - 11:00 a.m. Public Defender 11:00 - 11:45 a.m. Parks 11:45 - 12:15 p.m. Administrative Services 12:15 - 12:35 p.m. Cooperative Extension Thursday, October 26, 2006 9:30 a.m. - 12:00 p.m. Council budget work session Wednesday, November 8, 2006 7:00 p.m. Council public hearing on the proposed 2007-2008 budget and committee recommendations (Council may adopt the budget at this meeting, or postpone to a later date 19 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-344 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assign d to: Originator: Twh 9112108 fir--- C [\\ ////] \J� E L/ � Sr�r' 3 0 2ona WHATCOM COUNTY COUNCIL 9/23/OS FinancelCunc i Division Head: Dept. Head: hh r Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUM T: Interlocal Agreement for the provision of Paramedic Training of FD7 Firefighters in preparation for the 5th medic unit implementation ATTACHMENTS. Interlocal Agreement SEPA review required? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. Requesting approval to enter into an interloeal agreement with Fire District 7 for the provision of paramedic training for 6 identified firefighters. COMMITTEEACTION. COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. 20 INTERLOCAL COOPERATION AGREEMENT BETWEEN FIRE PROTECTION DISTRICT 7 AND WHATCOM COUNTY FOR THE PROVISION OF PARAMEDIC TRAINING This "Agreement" is entered into between the COUNTY OF WHATCOM, a county of the State of Washington, (hereinafter referred to as the "County") and WHATCOM COUNTY FIRE PROTECTION DISTRICT 7 , a municipal corporation of the State of Washington, (hereinafter referred to as the "District") in accordance with the provisions of RCW 39.34. In instances where the District and County will act jointly, they will hereinafter be referred to as the "parties." WHEREAS, over the past thirty years, Whatcom County and the City of Bellingham have jointly funded and operated the Medic One Program, a fire based paramedic ambulance transport service which provided advanced life support ("ALS") and, to the extent available, basic life support ambulance transport to the citizens of Whatcom County ("Whatcom Medic One Program"). Whatcom Medic One Program has been managed by the Bellingham Fire Department and now consists of four (4) firefighter/paramedic staffed advanced life support ambulances and one supervisor chase car staffed with firefighter/paramedics from the City of Bellingham; and WHEREAS, over the past thirty (30) years, the Whatcom Medic One Program has been funded with contributions from Whatcom County, contributions from the City of Bellingham and user fees; and WHEREAS, over the years, the Whatcom County fire districts. and cities have funded and provided first responder emergency medical services and more recently, basic life services and transport. These services have operated , in coordination with the Whatcom Medic One Program and together comprised Whatcom County Emergency Medical Services; and WHEREAS, in 2005 it was determined that the demands on Whatcom County Emergency Medical Services were exceeding its limited funding structure. In response to the increasing demands on the system, Whatcom County, the City of Bellingham, the other Whatcom County cities and the Whatcom County fire districts, including Fire Protection District 7, developed an emergency medical services plan (the "EMS Plan") to address the continued expansion of the service needs for Whatcom County Emergency Medical Services. The EMS Plan is attached hereto as Exhibit "A". The EMS Plan provided a comprehensive emergency medical services plan for the period 2007 — 2012, including the commitment of fire districts and municipalities to provide ambulance transport services as their resources allow; and WHEREAS, in November, 2005, in part, based upon the EMS Plan, Whatcom County voters approved a ballot proposition authorizing the County to collect one tenth (1/10t') of one percent (1%) sales tax for the purposes of supporting countywide emergency medical and criminal justice services, and 21 WHEREAS, the District and the County have committed to the implementation of the adopted EMS Plan; and WHEREAS, the EMS Plan envisions the addition of a fifth (51h) firefighter/paramedic staffed advanced life support ambulance staffed with trained firefighter/paramedics from Fire Protection District 7; and WHEREAS, Whatcom County and the District desire to initiate the training of six (6) paramedic candidates, identified from within the District, in preparation of the expansion of the Whatcom County Medic One Program as called for in the EMS Plan; and . WHEREAS, the County and District intend to develop and deploy the 5th Medic Unit in a highly coordinated and efficient manner with the Whatcom County Medic One Program; and WHEREAS, the parties desire that County EMS Fund revenues be available to partially fund the cost of the paramedic training that is scheduled to begin October 1, 2008; and WHEREAS, the parties desire to clarify and confirm the use of the revenues raised by the EMS sales tax described herein, as well as related EMS fees and charges, so that decision - makers and the public can be fully informed as to the expenditures of revenues for EMS. NOW, THEREFORE, the parties hereby agree as follows: I. INTENT A. Whatcom County with financial resources from the County EMS Fund will support the District initiating the necessary paramedic training of six (6) District firefighters in Seattle at University of Washington Harborview Medical Center. The training will prepare for the implementation of the 51h Medic Unit as called for in the EMS Plan. Such paramedic training will lead to the implementation of the 5th medic unit in 2010 or 2011 as determined by the County. B. The parties will provide for the paramedic trainings costs for 6 firefighters identified by the District. 1) Training costs to be reimbursed by the County include: • Housing, Parking, and Utilities • Compensation Stipend is a payment paid to the trainee per month in lieu of overtime at the rate of 15% above the top step firefighter. • Travel Fees • Backfill wages for three (3) entry level firefighters which are wages paid to firefighters. • Overtime backfill wages for three 3 firefighters. 2 22 2) Training costs to be paid by the District include: Wages, benefits and supplies for the six (6) paramedic training students 3) Training costs to be paid by King County Medic One Foundation include: ■ Instructional training for 6 paramedic trainees costing $110,000. will be provided by King County Medic One Foundation C. The parties recognize the advantages to be gained and the services to be provided to the citizens from the timely paramedic training necessary for the expansion of Medic One. D. Upon completion of the paramedic training new paramedics will be certified to perform paramedic services in Whatcom County. II. CONTRACTUAL PAYMENT A. The parties agree that the District will bill the County on a monthly basis for the costs of this training. The District will only bill for allowable paramedic training reimbursement charges limited to a maximum payment under this Agreement as follows: Housing, parking and utilities $ 98,400. • Compensation stipend $ 74,100. • Travel fees $ 3,000. • Backfill wages for three (3) entry level firefighters $ 80,800. • Overtime backfill for three (3) firefighters $ 75,000. Total reimbursement for all six (6) paramedic training costs will not exceed: $331,300. B. The District will submit to the Whatcom County Executive an invoice and supporting documentation to prove expenses incurred. Unless specifically stated above 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 District for any costs or expenses incurred by the District in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the District, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth above. III. TERM A. This Agreement shall be effective immediately upon execution by both parties, and shall continue through and including December 31, 2009. Costs incurred by the District prior to or after the term of this contract shall be the responsibility of the District and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this 3 23 Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. B. The parties covenant to work cooperatively and in good faith under the terms and conditions expressed herein for the full term of the Agreement. The parties covenant to work cooperatively and in good faith under the terms and conditions expressed herein after one party has given the other party written notice of termination. C. This Agreement may only be terminated upon the mutual agreement of the parties or upon written notice of termination as set forth above or as otherwise provided herein. IV. ADMINISTRATION OF CONTRACT A. 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 District 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. B. The County hereby appoints, and the District 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 County's Administrative Officer for purposes of this agreement is Dewey Desler, Deputy Administrator. C. The District hereby appoints, and the County hereby accepts, the Fire District 7 Board Chair, and his or her designee, as the District's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the District's right to receive and act on all reports and documents, and any auditing performed by the District related to this Agreement. The District's Administrative Officer for purposes of this agreement is Gary Russell, Fire Chief. V. NOTICES A. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by each party to the other party's respective Administrative Officer under this Agreement. All notices, demands, requests, consents and approvals shall be in writing to: Dewey Desler, Deputy Administrator Gary Russell, Fire Chief Whatcom County Fire District 7 311 Grand Avenue, Suite 108 P.O. Box 1599 Bellingham, WA 98225 Ferndale, WA 98248-1599 4 24 VI. ACCOUNTING/AUDIT/PAYMENTS/RECORDING A. The District shall be responsible for keeping an ongoing accounting of the expenses incurred by virtue of the paramedic training program. B. The District shall make records available for inspection, review, or audit during business hours at the Fire District or other mutually acceptable location. The District agrees to provide such information as requested by the County's designee within a reasonable period of time. VII. INSURANCE A. Proof of Insurance: Each party shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums naming the other party as an "additional insured" under those policies: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 B. Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the District 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 District. This waiver is mutually negotiated by the parties to this agreement. VIII. DEFENSE AND INDEMNITY AGREEMENT A. To the extent permitted by law, each party agrees to defend, indemnify and save harmless the other party, 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 that party, 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 that - party, its subcontractors, its successor or assigns, or its agents, servants, or employees, the party, its appointed or elected officers, employees or their agents in proportion and to the extent the to the negligence of that party, its subcontractors, its successor or assigns, or its agents, servants, or employees causes the loss or damage. B. It is further provided that no liability shall attach to either party by reason of entering into this contract, except as expressly provided herein. IX. DISPUTES 25 A. Differences between the District and the County, arising under and by virtue of the Agreement Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. B. Notice of Potential Claims: The District 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 District 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 District 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. District shall keep full and complete daily records of the work performed and all costs claimed to be additional. C. Detailed Claim: The District 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 District 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. 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. X. TERMINATION FOR PUBLIC CONVENIENCE A. Upon ten (10) days written notice, either parry may terminate the Agreement in whole or in part whenever that parry determines, in its sole discretion that such termination is in the interests. Whenever the Agreement is terminated in accordance with this paragraph, the District shall be entitled to payment for actual costs incurred up to the termination date and costs that it cannot reasonably avoid in the future which were to be paid by the County. Termination of this Agreement by either party at any time during the term, whether for default or convenience, shall not constitute breach of contract by either parry. X1. CONFLICT OF INTEREST 261 26 A. If at any time prior to commencement of, or during the term of this Agreement, if either party 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 theother party's interest, then that party shall immediately notify the other party of the same. The notification shall be made with sufficient specificity to enable an informed judgment to be made as to whether or not the other party's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, either party may require the other to take reasonable steps to remove the conflict of interest. Either party may also terminate this contract according to the provisions herein for termination. XII. RELATIONS A. The parties hereto recognize and agree that they are independent governmental entities. Except as expressly provided for herein, nothing in this Agreement shall be construed to limit the discretion of the governing bodies of each party. B. Neither party shall assume any liability for the direct payment of any salary, wages or other compensation of any type to any of the other party's personnel performing services hereunder. No agent, employee or other representative of the parties shall be deemed to be an employee of the other party for any reason. C. This Agreement shall not be construed or interpreted such that either party hereto is held to be an agent of the other party. XIII. NON-DISCRIMINATION IN EMPLOYMENT A. 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, sexual orientation, disability, or veteran status. The District 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. B. Furthermore, in those cases in which the District is governed by such laws, the District 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 District shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 7 27 XIV. MISCELLANEOUS PROVISIONS A. If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, that holding shall not affect or impair, in any manner, the validity, legality or enforceability of the remainder of this Agreement. B. No failure by any of the parties to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement, or to exercise any right or remedy for a breach thereof, shall constitute a waiver of any such breach or any other covenant, agreement, term or condition. Any party hereto, by notice, may, but shall be under no obligation to, waive any of its rights or any conditions to its obligations hereunder, or any duty, obligation or covenants of any other party hereto. No waiver shall affect or alter this Agreement, and each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. C. Each. of the provisions of this Agreement has been reviewed and negotiated, and represents the combined work product of all parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of, or against, the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. D. 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. E. The performance of all activities contemplated by this agreement to be performed by.the District shall be accomplished by the District. No portion of this agreement may be assigned or subcontracted, except as is provided for in this contract, to any other individual, firm or entity without the express and prior written approval of the County. F. The performance of all or part of this contract by the District employees shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the District or any employee of the District or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. Approved as to form: County Civil ProseziNing Attorney 8 Executed this day of , 2006 for WHATCOM COUNTY Pete Kremen, County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of 2008, before me personally appeared Pete Kremen, 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. Executed this day of Attest: Board Secretary Departmental Approval: Department Head Approved as to form: Fire District Attorney NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 2008 for FIRE DISTRICT 7. 9 Board Chair 29 Whatcom County Association of Fire Chiefs September 30, 2008 Whatcom County Council County Executive Pete Kremen Deputy Administrator Dewey Desler Dear Council Members, Executive Kremen & Deputy Desler: The Whatcom County Fire Chiefs Association met on September 25, 2008 and discussed and passed Resolution 2008-001. Fifteen of the Chiefs voted for the resolution, 3 voted against it and one Chief chose to abstain. The Resolution, which is enclosed, speaks for itself. If you have any questions I would be more than happy to address them. Respectfully, Chief Gary Baa r�"P resident Whatcom County Fire Chiefs Association 30 Whatcom County Association of Fire Chiefs Resolution 2008- A RESOLUTION OF THE MEMBERS OF THE WHATCOM COUNTY ASSOCIATION OF FIRE CHIEFS RE -AFFIRMING THEIR SUPPORT FOR THE "EMERGENCY MEDICAL SERVICES PLAN" AS ADOPTED BY WHATCOM COUNTY AND THE VARIOUS GOVERNING BODIES THEREIN, AND SUBSEQUENTLY APPROVED BY THE VOTERS OF WHATCOM COUNTY; AND TO AFFIRM FULL SUPPORT FOR WHATCOM COUNTY FIRE PROTECTION DISTRICT 97 AND THE FIREFIGHTERS OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 43855, IN THEIR RELENTLESS INSISTENCE THAT THE PLAN, AS PRESENTED TO THE VOTERS OF WHATCOM COUNTY, BE FOLLOWED AND IMPLEMENTED WITHOUT CHANGE. WHEREAS, the residents of the small cities and unincorporated areas within Whatcom County previously received Advanced Life Support (ALS) services provided by the City of Bellingham Fire Department under a "Joint Powers Agreement' between Whatcom County and the City of Bellingham; and, WHEREAS, in 2004 the City of Bellingham duly notified Whatcom County that at the end of the then current Joint Powers Agreement (December 2005), they would withdraw their ALS resources from Whatcom County and no longer provide ALS response into the small cities and unincorporated areas of Whatcom County; and, WHEREAS, the intended withdrawal of ALS services from the small cities and unincorporated areas of Whatcom County would result in a total lack of ALS services in these areas creating a significant life threat to the residents thereof; and, WHEREAS, Whatcom County quickly identified this threat to the citizens of the small cities and unincorporated areas of Whatcom County, met with Fire District Commissioners, Fire Chiefs and leaders of the small cities, established and convened the "Whatcom County Emergency Medical Services Working Group" and directed them to develop a plan that would ensure that future ALS services within the small cities and unincorporated areas of Whatcom County would remain, and that those future ALS services would be provided by Whatcom County Fire Districts resources; and, WHEREAS, the "Whatcom County Emergency Medical Services Working Group" developed a document identified as the "Emergency Medical Services Plan" that identified the means for ensuring that ALS services remain within Whatcom County, and states that four medic units and an EMS chase car be provided by the City of Bellingham Fire Department, and a fifth medic unit be staffed using Whatcom County Fire Protection District Fire District 7 personnel, and be managed and administered by Whatcom County Fire Protection District #7, thus assuring that future ALS services provided by Whatcom County resources would not be subject to any outside resource threat of withdrawal of services in the future; and, 31 WHEREAS, the "Whatcom County Emergency Medical Services Working Group" membership included representatives from the City of Bellingham and included representation from the City of Bellingham Firefighters, International Association of Firefighters, Local 9106; and, WHEREAS, the members of the "Whatcom County Emergency Medical Services Working Group" held numerous meetings and discussions where all members contributed to discussions, and where informal notes of those meetings were maintained; and, WHEREAS, members of the Whatcom County Emergency Medical Services Working Group, with the exception of the City of Bellingham Firefighters, Local #106, have confirmed and testified under oath that there was never any discussions regarding a jurisdictional work dispute or a requirement for any Whatcom County Fire Protection District 97 staffing resource for the fifth medic unit to become members of the City of Bellingham Firefighters, Local #106; and, WHEREAS, the "Emergency Medical Services Recommended Plan" was unanimously endorsed by all members of the "Whatcom County Emergency Medical Services Working Group" including the City of Bellingham Firefighters, Local #106, as indicated by the signatures contained on page three of the Plan; and, WHEREAS, the governing bodies of the small cities, Whatcom County, the City of Bellingham, and all Whatcom County Fire Districts passed a resolution endorsing the "Emergency Medical Services Recommended Plan" thus providing full support of the plan; and, WHEREAS, The "Emergency Medical Services Recommended Plan" was presented to the voters of Whatcom County and passed as recommended without any change by a sixty-seven percent affirmative vote; now, THEREFORE BE IT RESOLVED, that the members of the Whatcom County Association of Fire Chiefs do hereby re -affirm their support for the adopted "Emergency Medical Services Plan" as presented to, and ratified by the voters of Whatcom County, and that said plan not be altered in any form, nor be subject to any change by any individual or organization; and, BE IT FURTHER RESOLVED, that the members of the Whatcom County Association of Fire Chiefs do hereby affirm their full and complete support for Whatcom County Fire Protection District #7 and the Firefighters of Local #3855 of said fire district, in their insistence that the adopted "Emergency Medical Services Plan" be followed as written and presented, that Whatcom County Fire Protection District 97 personnel acquire training at Harborview Medical Center as planned, and that said firefighters be certified in Whatcom County as paramedics according to the Plan, without being required to join The City of Bellingham Firefighters, Local # 106; and, 32 BE IT FURTHER RESOLVED, that the membership of the Whatcom County Association of Fire Chiefs pledge their full support and assistance to the firefighters of Local #3855 of Whatcom County Fire Protection District #7 during this training and certification period, and that such support may be in the form of physical support and moral support for those individual firefighters in training, their family members, as well as the other members of Local 3855; and, BE IT FURTHER RESOLVED, that the membership of the Whatcom County Association of Fire Chief pledge their full support and assistance to Whatcom County Fire Protection District #7 during the paramedic training and certification of their personnel, where such support and assistance can be in the form of staffing and response assistance, planning, maintenance, and administrative assistance, and other support and assistance as deemed appropriate to include working jointly with Fire District #7 to arrive at a successful resolution to the issues compromising the current "Emergency Medical Services Recommended Plan." PASSED AND APPROVED THIS 251h DAY OF SEPTEMBER OF 2008 BY THE EXECUTIVE BOARD OF THEWHATCOM COUNTY ASSOCIATION OF FIRE CHIEFS AND THE MEMBERS WHOSE SIGNATURES APPEAR BELOW. ATTEST: 41o" C ief Gary , Chairman d "' Chief Andy Day, Vice -Chairman Chief Duncan McLane �, f 'Chief Gary Russell, Treasurer v —.--�.� ..... ............ ..... ...,,`= f iA/i ;it e_ Al 2 L.i."_ i.vV L f 1"' <A 33 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-345 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Paula Cooper ;y �' �� ? p L ' ; IL D 1017108 Finance, Council Division Head. Jon Hutchings �j / / �to Dept. Head: ��g Frank Abart d 0 SL� �,0 2008 Prosecutor: enlog Dan Gibson WHATCOM COUNTY �} Purchasing/Budget: �YJN'-- / Q COUNCIL Executive:ktj P—/c . TITLE OW D OCUAJENT. Contract for Services Agreement with Northwest Hydraulic Consultants ATTACHMENTS. Cover memo SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This agreement provides professional services to assist Whatcom County in developing new FEMA floodplain mapping for selected rivers, including the Lower Nooksack River, in accordance with the Cooperating Technical Partner grant received from FEMA. The contract will be implemented using Flood Control Zone District funds which will be reimbursed from the FEMA grant received by the County. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 34 WHATCOM COUNTY PUBLIC WORKS DEPT. 322 N. Commercial Street Bellingham, WA 98225 �"014 co 3�P `-A � az ASH t N GEC MEMORANDUM TO: The Honorable Pete Kremen, Whatcom County Executive and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director FROM: Paula J. Cooper, River and Flood Manager --,-,, RE: Contract for Services Agreement for FEMA Floodplain Mapping DATE: September 24, 2008 Frank Abart Director SEP 2 6 2008 PETS KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals of a Contract for Services Agreement between Whatcom County and Northwest Hydraulic Consultants (NHC) for your review and signature. ■ Background and Purpose In conjunction with the Flood Control Zone District, Whatcom County has initiated several projects to develop and use hydraulic models for various purposes related to floodplain management. In accordance with the adopted Lower Nooksack River Comprehensive Flood Hazard Management Plan (CFHMP), we have developed and calibrated an unsteady flow hydraulic model of the Nooksack River and are using it to evaluate projects recommended in the plan. We have also developed a hydraulic model for the South Fork Nooksack River to support the development of a comprehensive flood plan for that area. The hydraulic models also serve as the basis for the development of new floodplain mapping. Recently, the Federal Emergency Management Agency (FEMA) provided significant Cooperating Technical Partner (CTP) grant funding to the County to remap some of our highest priority floodplains. The proposed contract provides consulting services to assist the County in performing this work in accordance with FEMA's Map Modernization Program. Some of the tasks in the FEMA grant scope of work are already under contract with NHC and Linsley, Kraeger Associates (LKA); this proposed contract provides additional services to complete the technical studies and provide the products needed for FEMA's mapping processes. The results of this work will include new detailed mapping on the Lower and South Fork Nooksack Rivers and mapping by approximate methods on the North and Middle Forks. ■ Funding Amount and Source "rhe proposed contract amount is $616,000. A summary of estimated costs and the portion that will be reimbursed by the FEMA grant are included in the following table. 35 of Expense Total Estimated Cost Amount Billed to FEMA Grant -Description Proposed Contract for Services with NHC $616,000 $616,000 Existing South Fork contract with NHC flood lain mapping ortion $ 30,000 $ 30,000 Existing Lower Nooksack contract with LKA $ 85,000 - Estimated Staff time $108,000 $ 54,000 TOTAL $839,000 $700,000 The FEMA grant was approved by the County Council at the July 22, 2008 meeting. The grant is between FEMA and Whatcom County rather than the FCZD, as only communities participating in the National Flood Insurance Program are eligible for the funding. FCZD funds will be expended in implementing the contract; however, grant funds received from FEMA will be used to reimburse the FCZD. The 2008 Supplemental Budget for the FCZD approved in May provided $100,000 of budget authority to allow initiation of the project this year. Additional budget authority is included in the proposed 2009-2010 budget request for the FCZD. Please contact Paula Cooper at extension 50625, if you have any questions or concerns regarding the terms of this agreement. Encl. 36 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ao0Y6C/o 3a Originating Department: Public Works Contract Administrator: Paula Cooper Contractor's /Agency Name: Northwest Hydraulic Consultants Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes x No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes No x_ If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes x No If yes, associated Whatcom County grant contract number(s) 200807010_ Is this contract the result of a RFP or Bid process? Yes x No If yes, RFP and Bid number(s) RFQ 08-77 Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15,000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $_616, 000 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services This agreement provides professional services to assist Whatcom County in developing new FEMA floodplain mapping for selected rivers, including the Lower Nooksack River, in accordance with the Cooperating Technical Partner grant received from FEMA. The contract will be implemented using Flood Control Zone District funds which will be reimbursed from the FEMA grant received by the County. Term of Contract: Expiration Date:12-31-2011 Contract Routing Stens & Signoff [sign or initial] [indicate date transmitted 1. Prepared by: Paula Cooper Date_9-22-08 [electronic] 2. Attorney reviewed: DO-Aiel L..a;b&o,.,, Date v9/aµ o% [electronic] 3. AS Finance reviewed: BBennett Date_9-24-08__L_[electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date electronic] hard copy printed 6. Attorney signoff.- - .� Date 01,24(09 7. Contractor signed: �/ Date ? - a S-Dg 8. Submitted to Exec Office ,/ Date -a(o-0 [summary via electronic, hardcopies] 9. Reviewed by DCA Date 10. Council approved (f necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept,• Date 14. County Original to Council Date this form may need to expand to more than one page this form may need to expand to more than one page 37 g � IGINA _..Rr"Mr CONTRACT FOR SERVICES AGREEMENT FEMA Floodplain Mapping Northwest Hydraulic Consultants , hereinafter called Contractor, as set forth in this Agreement; including: General Conditions, pp. 3 to 8 , Exhibit A (Scope of Work), pp. 9 to 13 , Exhibit B (Compensation), pp. 14 to 15 , Exhibit C (Certificate of Insurance) Exhibit D (Certification Regarding Debarment). Copies of these items are attached hereto and incorporated herein Whatcom County Contract No. aoo869o24 and Whatcom County, hereinafter referred to as County, agree and contract by this reference as if fully set forth herein. The term of this Agreement shall commence on the 8th day of October , 2008, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of December , 2011. The general purpose or objective of this Agreement is to: develop new FEMA floodplain mapping for selected rivers in Whatcom County, 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 $ 616,000 . The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of , 2008_. CONTRACTOR: ���"""`�►►U cES A No e t raulic Co Itan '�`l"�.�`g810Jy Jeff Jo rinc' al STATE OF WASHINGTONN, ) ss. hrrr►►►WAS`. COUNTY OF Kt Y1G ) On this x3 day of Je.Rf ember, 2008, before me personally appeared Jeff Johnson tome known to be the Principal (title) of Northwest Hydraulic Consultants (Company) and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. ✓� n J NOTARY PUBLIC in and for the State of Washington, residing at Secttile WA. My commission expires q - 19 —,�- D I I . Contract for Services Agreement FEMA Floodplain Mapping Page 1 v 1.0 WHATCOM COUNTY: Recommend d for Approval: Fra Abart, Public Works Director Date Approved as to form: '- , � & �a Dan Gibson, Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2008, before me personally appeared Pete Kremen, 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: Northwest Hydraulic Consultants (Type in Name of Contractor/Firm) Jeff Johnson, Principal (Type in Name & Title of Signatory Authorized by Firm Bylaws, if applicable) Address: 16300 Christensen Road, Suite 350 Seattle, WA 98188-3418 Mailing Address: 16300 Christensen Road, Suite 350 Seattle, WA 98188-3418 Contact Name: Todd Bennett Contact Phone: _(206) 241-6000 Contact FAX: (206) 439-2420 Contact Email: _tbennett(o)nhc-sea.com Contract for Services Agreement FEMA Floodplain Mapping Page 2 v 1.0 39 GENERAL CONDITIONS Series 30-39: Provisions Related to Administration of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10.19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor. defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the. work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B" Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Contract for Services Agreement FEMA Floodplain Mapping Page 3 v 1.0 W Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1\ Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to, indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, .including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes. clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: 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 prevailingwages, 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 on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contract for Services Agreement FEMA Floodplain Mapping Page 4 v 1.0 41 Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30:2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be. assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. Whatcom County recognizes and accepts that performance of portions of the scope of work will be completed by Brown and Caldwell, Linsley Kraeger Associates, and L-3 Enterprise IT Solutions as described in Exhibit B. 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 General Liability & Property Damage for bodily Injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 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 Contract for Services Agreement FEMA Floodplain Mapping Page 5 v 1.0 42 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, to the extent 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. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 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, sexual orientation, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential.. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Paula Cooper, River and Flood Manager 322 N. Commercial Street Bellingham, WA 98225 Contract for Services Agreement FEMA Floodplain Mapping Page 6 v 1.0 43 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. 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions The Contractor further certifies, by executing this contract amendment, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. Exhibit D provides the details of this certification and is attached hereto and incorporated herein by reference. The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" is available to research this information at http:llepis.arnet.gov/. Series 40.49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made -of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: Contract for Services Agreement FEMA Floodplain Mapping Page 7 v 1.0 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 FEMA Floodplain Mapping Page 8 v 1.0 45 EXHIBIT "A" (SCOPE OF WORK) The NHC-Team, consisting of Northwest Hydraulic Consultants (NHC), Linsley Kraeger Associates (LKA), Brown and Caldwell (B&C), and L-3 Communications, with Whatcom County (County) will be updating portions of the County- wide DFIRM. Significant work has already been completed for the Nooksack River study reaches. This Scope of Work (SOW) reflects the additional tasks required to build on this work and perform revisions to existing detailed and approximate studies of the Nooksack River and the Sumas River tributaries. This work will include meeting with representatives of the RMC and FEMA Region X to develop a coordinated Project Management Team (PMT). Detailed hydrologic and hydraulic studies are being conducted for the following streams: • South Fork Nooksack River — from Skookum Creek confluence to confluence with North Fork — approximately 14 miles • Lower Nooksack River — from confluence of North and South Forks near Deming to Bellingham Bay — approximately 36.5 miles • Everson-Sumas Overflow Corridor — from the flow split near Everson to the US-Canadian border — approximately 7 miles The County is cooperating with the City of Nooksack to develop new floodplain mapping for a portion of the Sumas River from Massey Road to a flow split location 6.4 miles downstream. This work is being funded by the Department of Ecology's Flood Control Account Assistance Program outside of this SOW. Revisions to detailed effective FEMA studies of the Nooksack River and Sumas River tributaries, and the Samish River with Whatcom County, may include a vertical datum conversion from NGVD29 to NAVD88 of effective BFE's and FEMA Flood Profiles to the following streams: • Bone Creek • Fishtrap Creek • Johnson Creek • Sumas River Left Overflow Split • Sumas River (downstream of left overflow split) • Samish River (within Whatcom County) Mapping for these tributaries will also be adjusted, as necessary, for consistency with existing aerial photography. The following list defines the specific tasks to be completed by the NHC-Team, the County, and the FEMA National Service Provider (NSP). Task 1. Perform Field Survey Lower Nooksack River and Everson-Sumas Overflow Corridor: A bathymetric survey of the Lower Nooksack River was completed in 2006. Levee profiles were initially obtained in 2000 and have been updated for those portions of the levees that have been damaged and repaired since the original survey. Other key hydraulic controls have also . been surveyed as needed to develop the hydraulic model. Additional survey will be conducted by the County as needed to support the hydraulic modeling. South Fork Nooksack River: Channel cross -sections and key hydraulic controls have already been surveyed for the entire project reach. Additional survey will be conducted by the County as needed to support the hydraulic modeling, however this is assumed to be minor if any is required at all. As appropriate, the NHC-Team will upload to the MIP any additional new survey data collected by the County with supporting drawings, photographs, and metadata. Digital versions of draft text for inclusion in the FIS report will be prepared. Task 2. Independent QA/QC of Survey Data Independent QA/QC review of submitted survey data will be performed by the NSP. Contract for Services Agreement FEMA Floodplain Mapping Page 9 v 1.0 Task 3. Develop Topographic Data South Fork Nooksack River: A TIN has already been developed by nhc.using data from various sources, with the primary.source being 2-ft topographic mapping data derived from aerial photogrammetry (collected in 1998 with the active channel areas updated in 2004). Cross -sections of the floodplain were extracted from the TIN and combined with the data from the field survey to develop cross -sections for use in the hydraulic analysis. This TIN will also be used for floodplain mapping. If deemed necessary and the data are available, LiDAR recently obtained by the Lummi Tribe and possibly the USGS may be used by the County to update the TIN in areas of heavy vegetation. This SOW assumes that there will be no further refinement to the TIN by the NHC-Team. Lower Nooksack River and Everson-Sumas Overflow Corridor: In 2006 The County obtained a bathymetric survey of the Lower Nooksack River and the USGS collected LiDAR data for the entire County. These data have been used to develop a DEM of the Nooksack River floodplain. This DEM is currently being used, separately from the SOW, to generate new cross-section geometry to update the Lower Nooksack River hydraulic model. The DEM will also provide the basis for floodplain mapping. The County will develop 2-ft contour shape files from the DEM. Contour data will be based on raw output from automated processing in ArcView GIS and will not undergo any additional smoothing or correction processes. The 2- foot contours are intended only to be used for the independent QA/QC review of the floodplain mapping. Various Approximate A Zone Area: The County will refine the delineation of the North and Middle Forks of the Nooksack River using existing topographic data, aerial photographs or other information as appropriate. Topographic data used in any floodplain re -delineations will be uploaded to the MIP with accompanying metadata. It is recognized that existing. topographic mapping that is being proposed for the mapping in these studies, may or may not meet FEMA standards. The FEMA Region X Project Officer will be consulted regarding these data and will decide whether or not to use the existing data. Task 4. Independent QA/QC of Topographic Data Independent QA/QC review of submitted topographic data will be performed by the NSP. Task 5. Acquire and Prepare Base Map The NHC-Team will prepare a County -wide Base Map, using County provided data, and upload it to the MIP for review by the NSP. The NHC-Team will also submit appropriate metadata via the MIP. Digital versions of draft text for inclusion in the FIS report will also be prepared. Task 6. Independent QA/QC of Base Map Independent QA/QC review of the base map data will be performed by the NSP. Task 7. Perform Hydrologic Analyses New flood discharges will be developed for those streams being studied in detail. These include: Lower Nooksack and Everson-Sumas Overflow Corridor: LKA and the County have already performed hydrologic analyses for the Lower Nooksack River. This work was complicated by significant bed scour problems resulting in an extremely unreliable gage record at the upstream end of the study near Deming and thus required a nontraditional approach. Generally the approach consisted of using the calibrated hydraulic model of the Lower Nooksack to develop a relationship to "correct' the Deming annual peak flow record to enable flood frequency analysis on the corrected record. In addition, because the hydraulic analysis utilizes an unsteady flow model, a design hydrograph was developed based on statistical analyses of the Ferndale gage record. This work is well -documented. Hydrology for the Everson-Sumas Overflow Corridor will be revised under this SOW, as necessary, and documentation prepared. South Fork: NHC, under separate contract to the County, has already conducted and documented a hydrologic analysis for the South Fork Nooksack River using statistical analyses of streamflow gage data. The NHC-Team will submit appropriate metadata on the MIP. The County and the NHC-Team will address all concerns or questions regarding the hydrologic analyses that are raised during the independent QA/QC review. Contract for Services Agreement FEMA Floodplain Mapping Page 10 v 1.0 47 Task 8. Independent QA/QA of Hydrology Lower Nooksack and Everson-Sumas Overflow Corridor: NHC shall review the technical, scientific, and other information submitted by LKA and the County to ensure that the data and modeling are consistent with FEMA standards and/or standard engineering practice, and are sufficient to prepare the DFIRM. South Fork: The NSP shall review the technical, scientific, and other information submitted by NHC specific to the hydrologic analyses to ensure that the data and modeling are consistent with FEMA standards and/or standard engineering practice, and are sufficient to prepare the DFIRM. Task 9. Perform Hydraulic Analyses Lower Nooksack and Everson-Sumas Overflow Corridor: An FEQ unsteady flow hydraulic model has been developed for the Lower Nooksack from Deming to Bellingham Bay (36.5 river miles) and the Everson-Sumas overflow corridor (7 miles). The model was developed using 1993 topographic data for the cross-section geometry and calibrated to four different flood events occurring between 1990 and 2003. In 2006, a bathymetric survey of the river channel was performed by a surveyor retained by The County. This data was combined with 2006 LiDAR data obtained by the USGS to develop an updated DTM. Currently the DTM is being used to generate new cross-section data and LKA, under separate contract to the County, is incorporating the updated geometry into the FEQ model. The updated model will be calibrated to more recent flood events over the past four years. Once updated and recalibrated, the model will be used to generate flood profiles for 10-, 2-, 1- and 0.2-percent chance flood events. The NHC-Team will use this hydraulic model once it is calibrated to develop regulatory floodways. Due to complex flood patterns within the Lower Nooksack River it is anticipated that split floodways may be required in some areas. Fhe approach to define these split floodways will be discussed and agreed to by the PMT. South Fork: A HEC-RAS unsteady flow hydraulic model has been developed and calibrated for the 14 miles of South Fork Nooksack River upstream of its confluence. The modeling will include the 10-, 2-, 1-, and 0.2-percent-annual- chance events based on peak discharges computed under Hydrologic Analyses. The South Fork may also require split floodways in several areas. The approach to define these split floodways will be discussed and agreed to by the PMT. The South Fork model is being developed relative to the NGVD29 vertical datum and results will need to be converted to NAVD88. The NHC-Team will conduct "Without Levee" simulations for the Lower Nooksack, Everson-Sumas Overflow Corridor, and the South Fork Nooksack. Given the complicated and extensive levee network, the NHC-Team will develop these simulations in consultation with the PMT. Task 10. Independent QA/QA of Hydraulic Analyses Lower Nooksack and Everson-Sumas Overflow Corridor: NHC shall review the technical, scientific, and other information submitted by B&C for portions of the Lower Nooksack River and Everson-Sumas Overflow Corridor hydraulic analyses to ensure that the data and modeling are consistent with FEMA standards and standard engineering practice, and are sufficient to revise the FIRM. B&C shall review the technical, scientific, and other information submitted by NHC for hydraulic analyses of portions of the Lower Nooksack River. South Fork: The NSP shall review the technical, scientific, and other information submitted by NHC for the South Fork Iooksack River hydraulic analysis to ensure that the data and modeling are consistent with FEMA standards and standard engineering practice, and are sufficient to revise the FIRM. Task 11. Perform Floodplain Mapping Scope for Detailed Riverine Analysis: The NHC-Team shall delineate the 1- and 0.2-percent-annual-chance floodplain boundaries and the regulatory floodway boundaries (if required) and any other applicable elements for the Lower Nooksack, Everson-Sumas Overflow Corridor, and the South Fork. The NHC-Team shall incorporate all new or revised hydrologic and hydraulic modeling and shall use the topographic data acquired under Develop Topographic Data to delineate the floodplain and regulatory floodway boundaries on a digital work map. The NHC-Team will provide digital flood hazard lines (e.g., 100-year floodplain boundaries), however the NSP shall be responsible for converting these data to be compliant with DFIRM format and specifications. The NHC-Team will provide digital water surface profile plots (in Excel or RASPLOT format) and floodway data tables (in Excel or Word format), however the NSP shall be responsible for converting these data to be compliant with DFIRM format and specifications. Scope for Refinement or Creation of Zone A: The County, in consultation with the NHC-Team, shall refine the 1- percent-annual-chance floodplain boundaries for the Middle and North Forks of the Nooksack River. The County shall use existing topographic data, and/or the topographic data acquired under Topographic Data Development, to modify Contract for Services Agreement FEMA Floodplain Mapping Page 11 v 1.0 the floodplain boundaries on a digital work map. Mapping for these tributaries will also be adjusted, as necessary, for consistency with existing aerial photography. The County will provide digital flood hazard lines (e.g., 100-year floodplain boundaries), however the NSP shall be responsible for converting these data to be compliant with DFIRM format and specifications. Scope for Non -Revised Areas: For non -revised detailed studies of tributaries to the Nooksack and Sumas Rivers, the NHC-Team shall convert the information shown on the effective FIRM and FBFM panels to digital format. For non - revised detailed studies of tributaries to the Nooksack and Sumas Rivers, the NHC-Team will also convert the vertical datum of the BFEs from NGVD29 to NAVD88 and define new BFE lines. For both non -revised detailed and approximate studies of tributaries to the Nooksack and Sumas Rivers, the NHC-Team shall adjust flood hazard lines as necessary to ensure consistency with the aerial photography. The NHC-Team will provide these data to FEMA in digital format, however the NSP shall perform the necessary steps to convert these digital data to DFIRM format and in conformance with the latest FEMA DFIRM standards. If needed, the NHC-Team shall digitize up to 45 FIRM panels and up to 45 FBFM panels. The NHC-Team shall not digitize the flood theme for those segments of flooding sources for which updated flood data will be developed within this SOW or for flooding sources other than the Nooksack River, Sumas River, and tributaries to the Nooksack and Sumas tributaries. It is estimated that data for 45 DFIRM panels will be produced by the County and the NHC-Team. Scope for Merging Revised and Non -Revised Information: Upon completion of the floodplain mapping activities for the revised and non -revised areas, the County and the NHC-Team shall merge the digital floodplain data into a single, digital file of the Nooksack River, Sumas River, and Nooksack and Sumas tributaries. This work is to include tie-in of flood hazard information between updated detailed studies and the effective flood hazard boundaries. The County and the NHC-Team shall also tie in the revised and non -revised Flood Profiles, floodplain boundaries, coastal gutters, and regulatory floodway boundaries with contiguous communities that were not studied as part of this SOW. The County and the NHC-Team shall coordinate with FEMA and any additional Mapping Partners responsible for other components of floodplain mapping, as necessary, to resolve any potential tie-in issues. The NHC-Team and the County shall incorporate the results of all map -able effective Letters of Map Change (LOMCs) for all affected communities on the DFIRM within the DFIRM panels being modified in this SOW. Also, the NHC-Team and the County shall address all concerns or questions regarding floodplain mapping that are raised by the NSP during the independent QA/QC review. The NHC-Team and the County shall update and prepare the digital FIS. Task 12. Independent QA/QA of Floodplain Mapping Independent QA/QC review of the floodplain mapping will be performed by the NSP. Task 13. Develop Draft DFIRM Database The NSP shall convert mapping data to be compliant with DFIRM format and specifications and prepare and upload the DFIRM database to the MIP. The NSP shall coordinate with the NHC-Team and the County, as necessary, to resolve any problems that are identified during development of the DFIRM Database. Task 14. Independent QA/QA of DFRIM Database Independent QA/QC review of the DFIRM database will be performed by the NSP. Task 15. Produce Preliminary Map Products The NSP will apply the final FEMA DFIRM graphic and database specifications to the DFIRM files produced under Floodplain Mapping, including adding all required annotation, line pattern, area shading, and map collar information. The NSP will be preparing the database for this project in the Standard format in accordance with the FEMA guidelines and specifications. The NSP shall coordinate with the portion of the NHC-Team or County responsible for Floodplain Mapping and/or Redelineation, as necessary, to resolve any problems that are identified during development of the DFIRM Database and graphics. Preliminary Summary of Map Actions (SOMA) Preparation: The"NSP shall prepare Preliminary SOMAs for all affected communities, if appropriate. The SOMA shall list pertinent information regarding LOMCs that will be affected by the issuance of the DFIRM. Contract for Services Agreement FEMA Floodplain Mapping Page 12 v 1.0 Independent QA/QC review of the preliminary map products will be performed by the NSP. The NSP will distribute all preliminary map products and will perform all required post -preliminary processing. Contract for Services Agreement FEMA Floodplain Mapping Page 13 v 1.0 50 EXHIBIT "B" (COMPENSATION) As consideration for the services provided pursuant to Exhibit A, Scope of Work, the County agrees to compensate the Contractor according to the hourly rates provided below. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed as described here: • Mileage will be reimbursed at IRS rate • Lodging and per diem reimbursement will be at a rate not to exceed the GSA rate for location services are provided • Reimbursement for air travel will be at coach rates • Subconsultants, materials purchased and equipment rented specifically for the project shall be reimbursed at cost plus 5% • Other expenditures such as outside printing, postage and in-house reproduction of floodplain maps shall be reimbursed at actual cost • In house computer usage and domestic and long distance telephone charges shall be at no cost. Contractor will invoice monthly. Invoices will include hours worked by employee by day together with tasks accomplished. Requests for reimbursement of expenses must be accompanied by copies of paid invoices itemizing costs incurred. Costs of alcoholic beverages are not eligible for reimbursement. Compensation shall not exceed $616,000. Any work performed prior to the effective date of this contract or continuing after the completion date of the same unless otherwise agreed upon in writing, will be at the Contractor's expense. Estimated Direct Estimated Estimated nhc Costs Estimated Direct Estimated Direct Task Total Hours Labor (Miscellaneous) Costs (LKA) Costs (B&C) Estimated Total 1 Perform Field Survey 32 $ 3,600 $ - $ - $ $ 3,600 2 Independent QA/QC 0 $ - $ - $ - $ $ - of Survey Data 3 Develop Topographic 24 $ 2,400 $ - $ - $ $ 2,400 Data 4 Independent QA/QC 0 $ - $ $ - $ $ - of Topographic Data 5 Aquire and Prepare 8 $ 51,700 $ - $ - $ $ 51,700 Base Map 6 Independent QA/QC 0 $ $ - $ - $ $ - of Base Map 7 Perform Hydrologic 28 $ - $ - $ - $ 4,200 $ 4,200 Analyses 8 Independent QA/QC 80: $ 10,600 $ - $ - $ - $ 10,600 of Hydrology 9 Perform Hydraulic 1,276 $ 78,461 $ 500 $ 5,000 $ 96,283 $ 180,250 Analyses 10 Independent QA/QC 160 $ 14,000 $ - $ - $ 8,000 $ 22,000 of Hydraulics 11 Perform Floodplain 1,956 $ 158,567 $ 1,000 $ 14,000 $ 70,083 $ 243,650 Mapping V Independent QA/QC 0 $ - $ - $ - $ - $ - of Mapping 13 Develop DFIRM 672 $ 68,567 $ - $ 9,500 $ 19,483 $ 97,550 Database 14Independent 0 $ - $ - $ - $ - $ - QA/QCof DFIRM 15 Produce Preliminary . 0 $ - $ - $ - $ - $ Map Products 4,236 $ 387,900 $ 1,500 $ 28,500 $ 198,050 $ 615,950 Contract for Services Agreement FEMA Floodplain Mapping Page 14 v 1.0 51 SCHEDULE OF STANDARD CHARGES (Effective 1 Jul 2008) FEE RATE LABOR CLASSIFICATION ($/hr) Principal 228.48 Sr. Project Engineer 202.47 Senior Engineer 163.79 Engineer 125.34 Jr. Engineer 104.79 Sr. Technician/Drafter 121.48 Technician/Drafter 86.65 Jr. Technician/Drafter 75.80 Word Processor/Secretary 73.21 Administrator 103.23 DIRECT CHARGES Plotting — floodplain maps Plots, oversize (running foot) Contract for Services Agreement FEMA Floodplain Mapping v 1.0 $2.00 Page 15 52 EXHIBIT "C" ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID AL DATE(MMIOD"YYY) NOR4000 09 23/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Griffith insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3841 Aurora Ave N Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Seattle WA 98103 Phone:206-632-1433 Fax:206-632-0878 INSURED Northwest Hydraulic Consultants Inc. 16300 Christensen Rd #350 Tukwila WA 98188 COVERAGES INSURERS AFFORDING COVERAGE NAIC # INSURERA: Hartford Casualty Iris. Co INSURER B: INSURER C: INSURER D: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . LTR NSR TYPE OF INSURANCE POUCYNUMBER P LI YEFFE TIVE DATE (MMIDDPM P EXPIRATION DATE MM1DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIALGENERALLIABILITY 52UUITUS3744 06/30/08 06/30/09 PREMISES(Eaoccurence) $300,000 CLAIMS MADE ® OCCUR MED EXP (Any one person) $ 10 000 PERSONAL & ADV INJURY $1,000,000 X WA Stop Gap GENERAL AGGREGATE - s2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $2,000,000 X POLICY PROEGT IOC J A AUTOMOBILE X LIABILITY ANYAUT0 52UMMS3744 06/30/08 06/30/09 COMBINED SINGLE LIMIT (Ea accident) $1'QOp'000 BODILY INJURY (Per person) $ ALLOWNEDAUTOS - SCHEDULED AUTOS BODILY INJURY (Per ecWent) - $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ - GARAGE LIABILITY .AUTO ONLY -EAACCIDENT $ - OTHER THAN . EAACC AUTO ONLY: AGG $ ANY AUTO $ EXCESSJUMBRELLALIABILITY EACH OCCURRENCE $5',000,000 A XI OCCUR F—ICLAIMSMADE 52XHUUS3412 '06/30/08 06/30/09 AGGREGATE $5,000,000 $ $ DEDUCTIBLE $- X RETENTION $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE TORYLIMITS ER E.L. EACH ACCIDENT $ E.LDISEASE- EAEMPLOYEE $ OFFICER/MEMBEREXCLUDED? DIf yyes, describe under - SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: FFNA Floodplain Mapping Whatcom County, its employees, officers, agents and representatives are listed as additional insured as pertains to the work and services performed by the named insured only. L,ZK i IrIt,A I c Whatcom County Public Works Department 322 N. Commercial Bellingham WA 98225-4042 ACORD 25 (2001108) WHATCO1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. © ACORD CORPORATION 1986 Page 16 53 EXHIBIT D (CERTIFICATION REGARDING DEBARMENT) Certification Regarding Debarment, Suspension, and Other Responsibility Matters- Primary Covered Transactions The Consultant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this date been convicted of or had a civil judgment, rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(B) of this certification; and D. Have not within a three (3) year period preceding this date had one or more public transactions (federal, state, or local) terminated for cause or default. Consultant: Northwest Hydraulic Consull Z� Zoo D to Contract for Services Agreement FEMA Floodplain Mapping Page 17 v 1.0 54 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-346 CLEARANCES Initial Date fice Date Received in Council Of Agenda Date Assigned to: Originator: DH 9124108 FED)IE � 2 V E D L� 10/7/08 Finance/Coun Division Head: SEP 3 Q 2008 WHATCOM COUNTY COUNCIL Dept. Head: Prosecutor: `l� —� Purchasin /Bud et. Executive: og TITLE OF DOCUMENT. Resolution to set hearing to sell Tax -Title property by public auction Req. #TR2008-10 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: The Property Management Committee recommends that the resolution be passed to effectively meet the legal requirement for the disposal. Parcel # 370315.078004.0000 THAT PTN OF WLY 884.25 FT OF SW SW LY SLY OF 15-EXC PTN LY SLY OF S LI OF ESMT DESC AF 1103542 For.no less than the assessed value of 1 000 COMMITTEE ACTION. • COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www. co. whatcom wa. us/council. i1 55 SPONSORED BY: PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY REQUEST NO. TR2008-10 1 WHEREAS, the following described property is now, and has been the property 2 of the County of Whatcom, State of Washington since: as noted per parcel below and, 3 WHEREAS, the Whatcom County Council does deem it in the best interest of 4 the County and the people thereof that said property be sold; and, 5 WHEREAS, the Whatcom County Property Management Committee 6 recommends that the resolution be passed to effectively meet the legal requirement for 7 the disposal; 8 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the 9 County to sell: 10 Parcel # 370315.078004.0000, described as, 11 THAT PTN OF WLY 884.25 FT OF SW SW LY SLY OF 15-EXC P-FN LY SLY OF 8 LI 12 OF ESMT DESC AF 1103542 SEC 15 TWN 37 RGE 3E 13 For no less than the assessed value of $1,000 to the highest and best bidder; and, 14 BE IT FURTHER RESOLVED by the Whatcom County Council, that a public 15 hearing on the matter of the sale of said property, under said terms, be held on the 16 day of 2008, at p.m., at the , 17 Whatcom County, Washington; and, 18 BE IT FURTHER RESOLVED that the Clerk of the Whatcom County Council 19 shall give notice of such hearing in the manner prescribed by law under RCW 56 20 36.34.030. 21 APPROVED this 22 23 ATTEST: 24 WASHINGTON day of 2008. 25 26 Dana Brown -Davis, Council Clerk 27 APPROVED AS TO FORM: 28 29 Civi uty o uting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, Carl Weimer, Chair 57 WHATCOM COUNTY K M co` TREASURER'S OFFICE ��P _ tiA COUNTY COURTHOUSE P.O. Box 5268 Bellingham, WA98227-5268 ty � 0 treasu rer@co.whatcom.wa. us �SNI NG� INTEROFFICE MEMORANDUM STEVEN N. OI-IVER TREASURER TO: ROYCE BUCKINGHAM, CIVIL DEPUTY PRk'ECUTOR FROM: DEBBIE HAYES, REVENUE DEPUTY III SUBJECT: AGENDAS & RESOLUTIONS FOR TAX-TITARCELS DATE: SEPTEMBER 25, 2008 Please review the enclosed agendas and resolutions and add your signature, if approved as to form. Please initial the agenda bills and forward to the Executive's office. Thank you. Phone: (360) 676-6774 County: (360) 398-1310 TTY: (360) 738-4555 FAX: (360) 738-2477 58 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 - 210 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9/30/2008 10/7/2008 PW/Council Division Head. - Dept. Head. - Prosecutor: Purchasin /Bud et: &ecutive: TITLE OF DOCUMENT. Discussion re: application filed for Pt. Roberts curbside recycling ATTACHMENTS. SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion regarding an application filed by Freedom 2000, LLC, to provide curbside recycling in Point Roberts (the UTC has requested that the Council comment on the application ) 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.whatcomwa.us1council, 59 9/25/2008 Council - omments elease. Fwd: Agelicaton for solid waste collection residential recycling onl for Point ..Pa e 1 ,] e From: Debbie Bailey To: Council Date: 9/25/2008 9:00 AM Subject: Comments please. Fwd: Application for solid waste collection (residential recycling only) for Point Roberts Place: Council Attachments: TG-081576 Initial Filing.pdf; Notice 081576 09-17-08.pdf Please distribute to Council members. Attached is a filing for curbside recycling in Pt. Roberts. There is a 30 day comment period ending 10/17/08. The UTC has requested that the County Council comment on this application. Thanks. Debbie Bailey Solid Waste >>> "Ingram, Penny (UfC) <PIngrarrautc.waxt > 9/24/2008 5:28 PM >>> September 24, 2008 Greetings, The commission received an application for solid waste collection by Freedom 2000, LLC (TG-081576) that requests a solid waste certificate to provide residential and multi -family curbside recycling service in Point Roberts. (See attached application). Currently, Point Recycling and Refuse (G-155) is authorized to provide the collection and transportation of solid waste (residential garbage, commercial garbage, and residential recycling) in Point Roberts. The commission's licensing staff determined that the application has met all the requirements and issued a notice of the pending applicatior on September 17, 2008, to interested parties for formal comment. There is a 30-day comment period, ending on October 17,,2008. It is the commission's responsibility to determine if the applicant is fit, willing, and able to provide solid waste collection service and if there is a public need for the service. Also, because an existing company has the authority to provide the service requested, the commission can issue the authority only if•the commission finds that the existing company will not provide service to the satisfaction of the commission. "For a company to operate in the unincorporated areas of the county, the company must comply with the solid waste management plan prepared under chapter 70.95 RCW" for Whatcom County. (See RCW 81.77.040). To date, the commission has received no comments. RCW 81.77.040 Certificate of convenience and necessity required — states, in part: "When an applicant requests a certificate to operate in a territory already served by a certificate holder under this chapter, the commission may, after notice and an opportunity for a hearing, issue the certificate only if the existing solid waste collection company or companies serving the territory will not provide service to the satisfaction of the commission or if the existing solid waste collection company does not object. In all other cases, the commission may, with or without hearing, issue certificates, or for good cause shown refuse to issue them, or issue them for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted such terms and conditions as, in its judgment, the public convenience and necessity may require." RCW 81.77.010 Definitions. (9) "Solid waste" means the same as defined under RCW 70.95.030 ( http://apps.leg.wa.(iov/RCW/default.aspx?cite=70.95.030 ), except for the purposes of this chapter solid waste does not include recyclable materials except for source separated recyclable materials collected from residences Here's a link to RCW 81.77. httt ://aops.leci.wa.goy/RCW/default-aspx?cite=81.77 Sincerely, Penny L. Ingram I Regulatory Analyst DISTRIBUTED VIA E-MAIL TO S E P 2 5 2008 ALL COUNCIL MEMBERS WHAT COM COUNTY COUNCIL 0 61 I W A S It - l 'N G T ON C E I V D_r- APPLICATION FOR CERTIFICATE OF PUBLIC >k AUG -'2 6 2008 CONVENIENCE TO OPERATE AS A SOLID WASTE UTILITIES AND TRANSPORTATIONWAC�f UT & TP gC CTION COMPANY UNDER CHAPTER 81.77 RCW COMMISSION S • PHONE 360-664-1222 1300 South Evergreen Park Drive SW FAX 360-586-1181 P.O. Box 47250 TTY 360-586-8203 TTY TOLL FREE 1-887-210-5963 Olympia, WA 985b4-7250 WEBSiTE: www.wutc.wa.gov- . The UTC has a policy of providing equal access to its services. If you need special . accommodations, please call 360-664-1133. Type of Solid Waste Authority Requested Fee Required. Expedited.Temporaly Authorrty (to meet an urgent need for up to thirty days)- Complete entire $ 25 application and Attachment A (WAC 480-70-136) . Temporary Authority. (to. meet an immediate or urgent need) — Complete entire application and $ 25 Attachment A New Permanent Authority (including extension of authority)-- (check:appropriate-box. below) Complete $200 entire application and submit a proposed tariff as, outlined in -the standard tariff form New Certiificate Extension of Existing Certificate No..G- _ Permanent Authority to Transfer (WAC 480-70-090) (check appropriate box below) — Complete entire $200 application and Attachments B All of Certificate No. G Portion of Certificate No. G- Reinstatement of Cancelled Certificate (must be filed within 30 days of, cancellation) —include a $200 statement justifying the reinstatement and complete sections, 1,-2.and 8 Name Change - does not include changes resulting in change in ownership — Complete section 1 ` $ 35 and Attachment C Mortgage of Certificate — Complete section 1 and Attachment D $ 35 Lease of Authority — Complete entire application and Attachment. B $200 All of Certificate Portion of Certificate No. G - SECTION 1— APPLICATION INFORMATION Name of Applicant: Freedom 2000, LLC Trade Names if applicable), Phone Number: 360 945-1410 Fax Number. 360 945-1410 E-Mail:'david@kordlyh.com Business Address Street: 575 Calder Drive Mailing address (if different from Business Address) Street: PO Box 1314 City-, Point Roberts City-, Point Roberts State/Zip: WA 98281 State/Zip: WA 98281-:1314 FOR OFFICIAL USE ONLY Date Filed: Staff .Assigned: .. .. Motcar: Permit Issued G- Tariff: Insurance: Contract: DOL/SOS: Application: GA- RMS Docket #: TG- Related App ID: Map: Text approved for docket Rece tion #: . G . 3'ljj j 227-02: 032-05: SECTION 2 — BUSINESS INFORMATION 62 Type dt business structure: ❑ individual ❑. PartnershiCorporation lb r(LP, LLP, LLLC U131 No.602-8fi4 List the name, title, and percentage of partner's share or stock distribution for major stockholders_ Name Title Stock Distribution or Percentage of Shares David.Gellatly Owner/Manager `100% Indicate below the commodity to be.hauled .and the territory in..which you wish to operate. PLEASE NOTE Territory must be described using boundaries such as streets, avenues, roads, highways, townships, ranges, city limits, county boundaries or other geographic descriptions. In addition to describing the terdtory,'you must file a map that meets the requirements of WAC 480-70-056 and clearly -shows the described temtory. Commoditv to be hauled is source separated recvcling. This service is to be provided from curbside for. residences within Point Roberts, Whatcom County, Washington. See attached Maps State below the conditions that justify the granting of. this application. if you are,applying for temporary certrficate authority; be sure your statement addresses and supports the question of "immediate and urgent need.' Please see attached statement. Do you can tly hold, or have you ever held, a solid waste certificate? No ❑ Yes If yes; please indicate your certificate number. & Have you a .applied for and been denied a certificate to transport solid.waste? ��°,/ No ❑ Yes If yes, please explain: Please tell us about your experience and knowledge of transportation or solid waste, including motor carrier driver and equipment safety.requirements. Please see attached statement Have yo7No cited for violation .of state laws or Commission rules? ❑ Yes If yes,please. explain: .. 63 Zile (fill � O Z 64 State below the conditions that justify the granting of this application. If you are applying for temporary certificate authority, be sure your statement addresses and supports the question of "immediate and urgent need." The current carrier in Point Roberts.. refuses to provide -curbside residential recycling. Point'Recycling and Refuse LLC Certificate # G-155 has been attempting to have this provision removed from its tariff since 2001. It has ceased to provide these_ services to this community since February of 2007. Service outlined in the current carrier's tariff is for service "every other week". We propose to provide the same; source separated residential curbside recycling, on one day every other week. Point Roberts has its share of senior citizens and handicapped individuals who are unable to self haul recycling items or trash. The illegal elimination of the residential curbside .recycling causes these individuals to depend on others within the community to assist them by imposing. Point Roberts is the epitome of a bedroom community. Many permanent residents must. leave their homes early, and frequently. do not return until late .in the evening. Many commute to the Bellingham area and back each day crossing 4 borders and commutes which range from -2'to'4 hours each day. Being able to place their recyclables at the curbside, like their garbage, is a convenience that saves them from having to do this on the weekends: Chapter 8.10.050 of -the Whatcom County Code provides that certificated haulers shall collect source separated recyclables from. all residences in unincorporated portions of. Whatcom County. The ,certificated hauler has already been in violation of this portion of Whatcom County Code for in excess of 180 days, with no relief in sight for the members of the community. The .certificated hauler has indicated that he will not reinstate curbside residential recycling. 65 Please tell us about your experience and knowiedge of transportation or solid. waste, including motor carrier driver and equipment safety requirements. have, been involved in the transportation industry for the majority of my business life. I spent two years as a freight courier with Bankers Dispatch Corporation. l spent a year driving buses for Trailways Northwest I was with Brink's Canada Limited for 15 years in various capacities including driver; Manager; Areas manager and Assistant Regional General Manager as well as Regional Sales Manager.for Western Canada. was Executive Administrator and Vice President of Kenneth L Kellar Truckline, dba Mobile Armored for 7 years. I have operated Fire department apparatus forin' excess of 17 years as a volunteer; and administered EVAP Training as Fire Chief. for 1.0 years. d am also the managing partner Of a dump frocking operation; and have been for some 4 years. "'.. have held a CDL with endorsements for approximately 30 years in Canada and the USA: In these capacities I have had to maintain records for safety and operations of varying sizes of trucks. These have included driver safety programs; .log books;'accident- preyention. programs; Maintenance and inspection programs;% random. controlled substances and .alcohol abuse testing; Hazmat programs; public relations; customer satisfaction; and customer service. SECTION 3 —RATES AND TARIFFS Is this ;�N�o on to operate under a contract? ❑Yes If yes, submit#he,original or a duplicate original of each contract under_which service will be performed. The contract must contain all the elements stated in WAC 480-70-146. If this application is for temporary authority, a new certificate, or extension of existing certificated authority, you must attach_ two copies of your proposed.tariff-using either the standard tariff :format included in this package, or an approved aftemate format. All tariffs submitted must comply with the provisions of.WAC 480-70-226 through WAC 480-70-351. If this application is a transfer or a lease of authority from an existing certificate, you must eft her file a new tariff at the same rate levels as on file, or you must adopt the current certificate holder's tariff.' To file a new tariff; use the standard tariff format attached to this application or an approved alternate format. Indicate which option you will use: 0 Peat File eanew tariff SECTION 4 —FINANCIAL STATEMENT You may attach a Balance Sheet. Profit. and Loss Statement. or business plan if available.. ASSETS LIABILITIES Cash in Bank $10,000.00 SalariesWages Payable $ Notes Receivable $ Accounts Payable $ Accounts Receivable $. Notes Payable $ Investments $ Mortgages Payable $ Other Current Assets $ Contracts and Bonds Payable $ Prepaid Expenses $ TOTAL LIABILITIES $ Land and Buildings . , $ NET WORTH Trucks. and Trailers $15,000.00 Preferred Stock $ . Office Furniture $ Common Stock Other Equipment $ Retained Earnings Other Assets $. Capital $25,0'0000 TOTAL ASSETS $25,000:00 TOTAL LIABILITIES•°AND NET WORTH "$25,000.00 SECTION 5 —EQUIPMENT LIST Describe the equipment that will be used (attach additional sheets if necessary). Vehicles must pass inspection and be issued a valid Commercial Vehicle Safety Alliance inspection decal before our lication ma be ranted:. Year Make License Number ,Vehicle 1D Number Gross Vehicle Weight Type of vehicle 2002 Ford A76844Y 1FTRW08L62KB1 7187 6750 Pick Up 67 I Recycling Trailer from Pro-Tainer Pagel of 1 - Call Pro-Tainer Today at 1-800 249--7761 . Features I Specifications A -Frame Hitch Multiple Capacity & Compartment Configurations Constructed of heavy- • Capacity options: 9, 12,14, 16,18, and 20 cu. yd. gauge structural tubing, the Pro-GravityPs A- • Compartment options: built to fit your needs _ Frame extends the full • Available in single and tandem axle models width of the trailer for an extra -stable tow. Loaded with Standard Features Key -Locked .. Key -locked side unloading doors, industrial regrind Unloading Doors poly lids, rock -guard coating and flush mounted tights. Prevent accidental or unauthorized emptying of Unlimited Customization collection bins with Pro - Gravity's Key -locked • Optional dividers and color options let you customize Unloading Doors. your Pro -Gravity Trailer. • Steel or Aluminum body options. http://www.protainer.com/products/proGravityfeatures.cfm 8/20/2008 Pro -Gravity Recycling Trailer, Pro-Tainer Pro-SideDunip Standard. Features r W2R ,.Pro -Roll Optional Equipment . Key locked side unba&V Front to back dividers per AM doors;: " comperbment Sauey, chatiis -'-' Side to side &Aders 5000 b Tongue Jack Gardboard:Sbts Rear bumper with flush Flat Floor (gains 2 cu. yds.) . mounted lights. Lid Locks Spare Tie & Rirn Strobe Light Backup Alarm Gooseneck Hitch Mile Hitch . Call'Pro-Tainer.Today at,1-800-248=7T6f, 'Feal�rres l s` ciricadoh el: PGT-0-2 PGT-12-2 PGT14-2 PGT-16-2 PGT 8-2 GT-16T PGT18T4 -PGT-20T4 on ravltv3500.bs. 6000.Ibs . 6000 tbs.. 6000 lbs.:.6000Ibs : Tandem 606014- 16' 16- 16' .16-.: 16-.... .. 16'25/16- EesUon 25116' ba®ball 2 5/18' 25/16'.. ball.. ; 25/16-' .ball 25M8-. .-;'DaO: 25116- baU 26116ball ban Electric w/ breakaw kit I raulb t 2050 M. 3000 bs. 3100,ro& 3300.bs'_., .3500lbs. 45W bs: 4650 lbs:'='4800 bs9mi. . 12 cu., .- 14.cu 16ou. 181414a14 a./4 . 14 14 . tortrs .12 12 a. 12 a. 12ga. l 12 ga l . :12ga., 1 12 ga.: - http://www.protainer.com/products/progravityspecs.cfm 8/20/2008 70 SFrnnN R _ SAFETY AND OPERATIONS ,In each of the categories show below, list the person and position responsible for understandingand complying with.the Federal Motor Carder Safety Regulations (FMCSR) and Washington,State laws rules.: Please: refer to -the -WAG rules;' Fact Sheets, and publication °Your Guide to Achrevtng a Satisfactory Safety'Rating' for assistance. with requirements that. ma to ' ur s ecfic operations. SAFETY-RESP ONSIBBILTIES COMMERCIALDRIVERS LICENSE (CDL) REQUIREMENTS (Title �4.9, Code.of Fedei mfRegulatlons Part driver who o rates a vehicie`that.meets the definiiionof a commercial motor vehicle trust have a"valid COL. Name: David Gellatly Posfion: Owner/Operator DRIVER (QUALIFICATION REQUIREMENTS (Title-49, Code of Federal Regulations Part 391) Driver's must meet minimum qualification r uirements and each-`com an , must maintain`driver qualification files for each driver. Name: David Gellatly Position Owner/Operator DRIVERS HOURS OF SERVICE (Trt1.e 49, tode of :Federal .Regulatrons`Part 395) Drivers must maintain logs and each M.company must maintain true and accurate haurs of sence records for each driver. Name: David Gellatly Position: Owner/Operator CONTROLLED SUBSTANCES AND "ALCOHOL TESTING (Part 382) All persons who drive commercial vehicles requiring a CDL must be in a Controlled Substance and Alcohol Testingprogram that complies with the FMCSR in 49 CFR Part 382 and 49 CFR Part 40. Each company will have in place a system for complying Wth.FMCSI3 governing alcohol and controlled substances testing requirements 49 CFR Part 382 and 49 CFR Part 40`. Name: David Gellatly Position: Owner/Operator INSPECTION, REPAIR AND;MAINTENANCE (Title 49,.Gode otFederal:Regulations Part396) Every:motorcarner shall systematically inspect, repair, and maintain all motor vehicles. subject to its control..::: Name: David Gellatly_ _ Position: Owner/Operator.... _.. OPERATIONAL RESPONSIBILITIES ..: . List the person and/or position responsible for understanding.and.complying with the requirements of each`category shown below. TARIFF RATES'AND CHARGES (WAC 48G-70-226 through WAC 490-7.0-351) Companies° must file with the Commission a tariff showing all rates.and charges. it will charge its customers, together with rules that govern how rates and charge will be assessed. Name: David Gellatly Position: Owner/Operator ANNUAL REPORTS and REGULATORY FEES (WAC 480-70-071 & 076) Companies must annually file a report of their financial o erations and pay regulatory fees. Name: David Gellatly Position: Owner/Operator BIOMEDICAL WASTE (WAC 480-70-426 through 476) Companies that transport. biomedical waste must handle and transport that waste according to the appropriate requirements of the federal hazardous materials .regulations (49 CFR Parts 170-189) and the additional requirements in these rules. Name: David Gellatly Position: Owner/Operator CUSTOMER SERVICE —Person responsible for customer service complaints, customer notice requirements, and corn fiance with county solid waste plans. Name: David Gellatly Position: Owner/Operator STATE OF WASHINGTON — general laws, rules and regulations: Individuals and companies doing business in the state of Washington must comply with the regulations of local, state, and federal agencies. Please state the name and position of the person in your organization who will be responsible for ensuring compliance with the laws of the state of Washington, such as, but not limited to: Department of Labor and Industries (industrial insurance, safety, prevailing wage); Department of Licensing (vehicle and drivers licenses, business licensing, Unified Business Identifier (UBI number), fuel permits, fuel tax); Secretary of State (corporate registrations); Department of Transportation (over -size or over -weight ermits)• Department of Revenue and Internal Revenue Service taxes ; and Employment Secur . Name: David Gellatly Position: Owner/Operator 71 SFCTInN 7 -. HFAn/NG WFonMATmN If the Commission assigns this application for formal hearing, estimate the number of witnesses you will present and the amount of time you will need for your presentation. Number of witnesses: Amount of time: ti l KJL (GAS Will an attorney be representing you? If yes, complete the followin : Attorne s name: 'Attorne s phone number: Attorneys address: Street Fax.Number. E-mail: City, State, Zip TVPF OF PAVMFNTf ❑ Check eMoney Order ❑ .AMEX ❑ Discover ❑ MasterCard ❑ Visa ` Credit Card Information: Expiration Date: Amount SECTION 8 — iDECLARTION OF..APPLICANT: I understand that filingthis application does not in itself constitute authority'to. operate as a solid waste collection, company. . As the applicant for a solid waste collection company certificate; I understand the responsibilities`of a -solid waste=_eollection company, And 'i-am.in compliance with`all local, state; anflederal regulations•gove'ming business in he stat&of Washington.., I certify under penalty of perjury under the laws of the State of Washington that the information contained in this: application is true and correct. certify that fam authorized to execute and file this document: Printed name of applicant: David- Gellatly Signature of Applicant: s Date, County, State: August 25, 2008, WhatcomHGountyvy,ashington 72 Freedom 2000 LLC 550 Calder Drive PO Box 1314 Point Roberts, WA 98281-1314 Secretary Washington Utilities and Transportation Commission P O Box 47250 . Olympia, WA 98504-7250 Dear Sirs: This filing is submitted by: Freedom.2000 LLC. This filing proposes to provide the community of Point Roberts, which is considered an unincorporated -part: of Whatcom County, with source. separated residential curbside recycling. The 'proposed tariff - included with this application is consistent with the tariff outlined in Points .Recycling and. Refuse. . Company LLC's filing under certificate # 0-155. It. is important to note that Points Recycling and Refuse Company LLC does not and will not provide these services. Whatcom County Code section '8.10.050 . Residential Recycling Collection: clearly outlines .requirements . for; .this service. Furthermore,: Points.` - Recycling and Refuse..Company LLC were:.;given notice . to cure their non-compliance by April 11; 2008 pursuant to section K of the aforementioned section of the Whatcom County Code. They have refused to ` comply_ Point Roberts is home to a large number of senior citizens, and we have our share of handicapped people who are unable to continue to recycle without the benefit of curbside.recycling.. Furthermore,: a significant number of residents in Point Roberts make their livings outside of Voint Roberts `and usually at a .lengthy commute from their residences thereby making residential curbside recycling essential;. Providingzthis' , vital service will alleviate the potential_ reduction of recycling in this community. It -will also bring this . area back into compliance with Whatcom County Code section 8.10.050. The new application complete with tariff, provides: Item 100 — Recycle only —Every Other Week Recycling, to comply with county code. As required by Commission rules, a copy of this transmittal letter will be mailed to the Whatcom County Executive, Whatcom County Council, and Whatcom County Public Works Director If you have questions regarding this filing, please contact the undersigned. The telephone number is (360) 945-1410, the fax number is (360) 945-1410, and the e-mail address is . david @kordlyn.com. Sine ly, � � p David G flatly, Owner anager cc: Whatcom County Executive Whatcom County Council Frank Abart, Director Public Works, Whatcom County 73 Original Title Page: Tariff No. l Cancels Tariff No. of Freedom 2000 LLC (Name of Solid Waste Collection Company) (Registered trade naive of Solid Waste Collection Company) Certificate Number G- NAMING RATES FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, AND IF NOTED, RECYCLING AND YARDWASTE IN THE FOLLOWING DESCRIBED TERRITORY: (NOTE: If this tariff applies in only a portion of a company's certificate authority, a map accurately depicting the area in which the tariff applies must be attached to the tariff) Area of Whatcom County known as Point Roberts Name of person issuing tariff David Gellatly Mailing address of issuing agent: PO Box 1314 City, State/Zip Code: Point Roberts. WA 98281-1314 Telephone number, including area code: 360-945-1410 FAX number, if any: 360-945-1410 E-mail address, if any: david@kordlyn.com Official UTC requests for information regarding consumer questions and/or complaints should'be referred to the following company representative: Name: David Gellatl Title: . Owner/Manager Phone: 360-945-1410 E-Mail: david@kordlyn.com Fax: 360-945-1410 Issue date: Effective date: (Forr-Offiicial Use Only) Docket No. TG- Date: 74 Supplements) is (are) the only Supplement in effect at this time. Supplement No. (Name of Solid Waste Collection Company) (Registered trade name of Solid Waste Collection Company) , Certificate Number G- .On and after the effective date hereof,the following supplemental, provisions apply: Name. of person issuing supplement: Mailing address of issuing agent: City, StateMp Code: Telephone number, including area code: FAX number, if any: E-mail address, -If any: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: By: 75 Tariff No., 1 Original Page No.� Company Name/Permit Number: Freedom 2000 I.,C Registered Trade Name:. CHECK SHEET All pages contained in this tariff are listed below in consecutive order. The pages in the tariff and/or any supplements to the.tariff listed on this page have issue dates that are the same as, or are before, the issue date of this page. "O" in the revision column indicates an original page: Title Page . Orlizinal Check sheet Original Item Index Original Subject Index Original Taxes Sheet Original Supplements in Effect Index of Items in This Tariff— see next pale for list by topic .Item 5 —Taxes Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: By: 76 Tariff No. I Original Page No.-2-- Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 10 _ Application of Rates - General Item 15 - Holiday Pickup Item 16 - Change in Pickup Schedule Item 17 - Refunds Item 18 Billing, Advance Billing, Payment Delinquency Dates, Late Charges Item 20 - Definitions Item 30 - Limitation of Service Item 40 Material Requiring Special Equipment, Precautions, or Disposal Item 45 - Material Requiring Special Testing and/or Analysis Item 50 - Returned Check Charges Item 51 -= Restart Fees Item 52 - Redelivery Fees Item 55 - Over -sized or Over -weight Units Item 60 - Overtime Item 70 - Return Trips Item 75 - Flat Monthly Charges Item.80.=- Carryout Service, Drive -Ins Item 90 '- Can Carriage, Overhead, Obstructions, Sunken or. elevated cans/units. Item 100 - Can/Unit Service, Residential - Residential Curbside Recycling -Residential Yardwaste service Item 120 - Drums Item 13.0 _ Litter Receptacles Item 1.40 -Bales Item 150 - Loose and/or Bulky Material Item 160 - Time Rates Item 200 -:Application -of Container and/or Drop Box Rates - General Item 202 - AvailabiIity of Containers and Drop Boxes. Item 205 _ Roil -Out Charges - Containers, Automated Carts,.and Toters Item 207 - Excess Weight - Rejection of Load, Charges to Transport Item 210 -Washing and Sanitizing Containers and Drop Boxes Item 220 - Compactor Rental Item 230 - Disposal Fees Item 240 - Container Service - Non -compacted - Company -owned container Item 245 - Container. Service - Non -compacted - Customer -owned container Item 250 - Container Service - Compacted - Company -owned container Item 255 - Container Service - Compacted - Customer -owned container Item 260 - Drop Box Service - Non -Compacted - Company -owned drop box Item 265 - Drop Box Service - Non -Compacted _ - Customer -owned drop box Item 270 - Drop Box Service - Compacted -Company-owned drop box Item 275 - Drop Box Service - Compacted -=Customer=owned drop box Issued by: Issue date: Effective date: (For=Official Use Only) Docket No. TG- Date: _ _ By: 77 Tariff No.1. Original Page No._ Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Index by topic Item No. Abbreviations used in tariff........ '...................................................................................................... 300 Advancebilling.....................................................................................................................................:18 Animals................................................ ................................................................................30 Bales................................................................................................. .............: ............. .... 140 Billingperiods authorized........................................................:......................................:.......................18 Carryoutservice........................................................................................................................ . 80 Commercialcan service.......................................................................................................... ......... 245 Compactorrental.................................................................................................................................. 220 Containerservice, compacted, company -owned ........................... :.............. :....................................... 250 Container service, compacted, customer-owned................................................................................... 255 Container service, non -compacted, company-owned...:...................................................................... 2:4() . Containerservice, non -compacted, customer -owned :................. ......................................................... 245 Containers and/or drop boxes, availability ................................ ....................... ........... 6......................... 202 .Containers and/or drop boxes, general rules ...... :............................................. .................................... 200 Containers and/or drop boxes, washing and sanitizing.........................................................................210 Credit due the customer ......... .......................................... ..................................................................17 Damageto customer property............................................................................. .................:...I.......... 30 Definitions............... .................................................................................... .....................20 Delinquencydates ...................................................... :........................................................................... 18 Disposal fees .....:........ ............................ ........... .......................................................................... ......230 Drive-in service....................................................................................,.....................I.......................90 Drop -box service, compacted, company -owned ............................ ................................................ :..... 270 Drop -box service, compacted, customer -owned ........... .................................. ,.................................... 275 Drop -box service, non -compacted, company-owned............................:..............................................260 Drop -box service, non -compacted, customer-owned........:......................................:..........:.:..........:... 265 Excess weight, rejection of load, charges to transport ............................. :............................................ 207 Flatmonthly charges ...... .............................................................. .......................................................... 75 Holidaysobserved.................................................................................................................................. 60 Latecharges.......................................................:................................................................................ 50 Limitationsof service............................................................................................................................. 30 . Litterreceptacles..................................................................................................:...............................130 Looseand/or bulky material.................................................................................................................150 Material requiring special disposal........................................................................................................40 Materialrequiring special equipment.................................................................................................:...40 Material requiring special precautions................................................................................................... 40 Material requiring special testing/analysis.............................................................................................45 Continued on next page Issued by: Issue date: Effective date. (For Official Use Only) Docket No. TG- Date: By: 79 Tariff No. 1 Original Page No Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Index by subject; continued Item No. Missed pickups, -weather or road. conditions..........:.....:...........................:............................................. 30 NSFchecks ......................,......................................................................................................... 50 Overheadobstructions....:.:..:.......::............................................................::........................................... 90' Over -sized Units.............. .......... ..................................................................................................... 55 Overtime....................................................... .......... ......................................................................... 60 Over -weight units............................:.....:................................................................................................. 55 Redeliveryfees.......................................................................................................................................5.2 Refund of overcharges .............. Refundof prepayments ............................... ..............................................................................17 Refunds.............................. ....................... .............. ............................................................. :.......... 17. Refusalto make pickup...................................................................................................................4. Residentialrecycling.......................:........................................ .................... ................100 Residentialservice::..............................................................................................:...............................100 Residential yardwaste................: Restart fees ............... ...: 51 .......................................:........................................................................... Returnedcheck charges............................................................................................................:..::.:..:.... 50 Return -trips ...I ............. ... ......70 Roil -out charges ... ............................... ........................ ............:......................................205 Stairsor'steps... ................ .......................................................................... ............................................ 90 Sunkenor elevated cans/units..........:...............................................................................................:..... 90 Symbols used in tariff.......::....::..................:.................................................:...................................... 300- Tazes..................................................................... ....... :......5.. . Time rates .....160 ............................................................:..................................................................... Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: :1 Tariff No. 1- Original Page No. Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 5 — Application of Rates — Taxes In addition'to the rates shown in- the remainder of the tariff, the following taxes apply: Entity Ordinance Amount Application imposing -tax: number: of tax: (Commodities and territory) ®Mm Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: By: Tariff No. 1 Original Page No 3 Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 10 — Application of Rates General Rates named. in this tariff cover the collection; transportation, and disposal of solid waste. When specifically referred to, rates also cover the collection and transportation of recyclable materials and/or yardwaste. Title 81.77 of the Revised Code of Washington (RCW) and Chapter 480-70 of.the Washington Administrative Code (WAC) govern operations of solid waste collection companies and the tariffs companies must file with the Washington Utilities and Transportation Commission (WUTC). Unless exceptions are shown, all materials must be placed on the same level as the streets or alleys. The company may charge additional amounts for disposal fees only when specifically stated in the tariff and separately shown on customer bills:. Item 15 _ Holida Pickup = RegglarlyScheduled Service When a pickup is missed due to the company's observance of a holiday, the company will provide service, at no `. additional cost.to the customer, on an alternate day. A list of the holidays the company observes is shown in Item 60. For application of rates in this tariff, the company defines alternate day to mean the following: The day following the holiday outlined in Item 60 Item 16 —Change in Pickup Schedule When a company changes the pick-up date for its certificate area, or a portion of its certificate area, the company must notify all customers in the affected.area of that change. Notice must be made at least seven days before implementation of the new pickup schedule and may be made via mail, personal contact, or by a notice being affixed to the customer's solid waste receptacle. Issued by: I Issue date: Effective date: I (For Official Use Only) Docket No. TG- Date: By: Tariff No. 1 Original Page No. Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 17 — Refunds Credit due the customer. When there has been a transaction that resultsin a credit due the customer, the following apply (a) If the amount due is five dollars or less, an adjustment will be made to the customer's account. The Adjustment must be shown, on the.next regular.bill.. . (b) If the amount due is more than five dollars, the customer may accept an account adjustment or may request a refund. • If the customer elects to have an account adjustment made, the adjustment must show on the next regular billing. • If the customer elects to receive a refund, the company must issuea check within thirty. days of the request. Overcharges. Once a company becomes aware that it, has overcharged. a customer, it: must provide a refund or an account adjustment credit to the customer. The customer must be given- a choice as to. which option is preferred. The refund.or credit must be the. amount overcharged in the three years before the date: of.dfscovery. . • If the customer elects to have an account adjustment made, the adjustment mustshow_on'the next regular billing. • If the customer elects to•receive a refund,, the company must issue a check within thirty days of the request. Prepayments. If. a customer has paid service fees in advance, service is discontinued during the pre -billed period, and the customer is due a refund, the following apply:. (a) A company must honor all requests for refunds of.the unused portion of prepayments. (b) If the customer provides a forwarding address to the company or one can be obtained from the Post Office, the company must issue a refund check no more than thirty days following the customer's request. (c) If the customer cannot be located or.did not provide a forwardingaddress and the U.S. Post Office cannot furnish a forwarding address, the amount may be presumed to be abandoned and is subject to the Uniform Unclaimed Property Act after one year. Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- . Date: _ By: Tariff No. 1 Original Page No. Company Name/Permit Number: Freedom 2000 LLC Registered' Trade Name: Item 18 — Billing, Advance Billing, and Payment Delinquency Dates Billing period: A company may bill its customers for one, two,, or three months of service. Advance billing and payment delinquency dates. The: following chart defines the maximum period allowed, for advance billing and the date when a bill maybe considered delinquent: Billing period Maximum advance billing Delinquency date period allowed One month's.service No advance billing. May -not be,less -than Tariff No. 1: Original Page No.40— Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 20 -- Definitions . NOTE. The definitions shown on the f rst three pages of this item are standard, in most cases prescribed by rule. Companies may not amend these definitions. Companies wishing to add definitions specific to their company's operations must include those definitions on a separate page, entitled, "Company -specific definitions." A blank sheet is provided for that purpose. Bale: Material compressed by machine and securely tarped or banded. Bulky Materials: Empty carriers, cartons, boxes, crates, etc., or materials offered for. disposal, all of which maybe readily handled without shoveling. Charge: A iset flat fee for performing a service Or, the result of multiplying'a rate for a unit times the:number.of units transported. Commercial Billing: Service billed:to a -commercial customer or billed'to, and paid for, by a property manager or owner rather than . residential tenant.. Compacted Material: Material that has been compressed by any mechanical device either before or after.; it is. placed in .the receptacle handled bythe: company. Compactor Disconnect/ Reconnect Charge: A flat fee established, by the .solid waste collection °companyfo'r the.service `of ' disconnecting a compactor from a drop box or container before taking it to be dumped, and then reconnecting the compactor when the drop box or container is returned to the customer's site. Gate charge: A flat fee charged for opening, unlocking, or closing gates in order to pick up solid waste. Loose material: Material not set out in bags or containers, including materials that must be shoveled. Multi -family residence: Any structure housing two or more dwelling units. Packer: A device or vehicle specially designed to pack loose materials. Pass through fee: A fee collected by a solid waste collection company on behalf of a third party when the fee is billed directly to the customer without markup or markdown. Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: By: Tariff No. 1 Original Page No. Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item:20 —Definitions, continued Permanent- service: Container and drop -box service provided' at 'the customers request for more than ninety days. Rate: A price per unit or per service.. A rate is multiplied times the number of units transported or the number of times a service is performed to determine a charge. ' Solid waste receptacle: includes the following items, with the following meanings: Automated cart means a cart designed to be -picked up and emptied by mechanical means. The specific type and size are to be defined in rate items. Canmeans a receptacle made of durable, corrosion -resistant, nonabsoibent material that is watertight, and'has a close -fitting cover and two handles. A can holds more than twenty. gallons, but not more than thirty-two gallons. A can may not weigh more than pounds when filled. Cart means a wheeled plastic. container. A cart may also be referred `to as a toter. if supplied by a customer; a.cartmust be compatible with the:company's equipment. The. size and type of cart that is compatible will be.established in each company's tariff.. Container means a.detachable receptacle (normally: designed to hold at. least a cubic yard . of solid waste) from which materials are collected by mechaiically, lifting the receptacle and emptying the contents into the company's vehicle. :Drop box means 'a detachable receptacle. used to provide solid waste collection service by the receptacle being placed on the company's vehicle by mechanical means and transported to a disposal site. Drum means a metal or plastic container of approximately fifty -gallon capacity, generally used for oils or solvents. A drum may not weigh more than when filled. Litter receptacle means a container, not over sixty -gallon capacity, generally placed in shopping centers and along streets or highways for litter. A litter receptacle may not weight more than pounds when filled. Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: 0 Tariff No. 1 Original Page No. Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item,20 — Definitions, continued Micro -mini -can means a can made. of durable, corrosion. -resistant, nonabsorbent material that is watertight and has a close -fitting cover. A micro -mini can may. not hold more than ten gallons. A micro -mini. can may not weight more than pounds when filled. Mini -can means a can made of durable, corrosion resistant, nonabsorbent material that is watertight and has a close -fitting cover. A mini -can may not hold more than twenty gallons. A mini -can may not weight more than pounds when filled. Recycling bin or container means a bin or container designed or designated for the collection of recyclables. The size.and type of recycling bin or container will be established in each company's.tariff. Toter means. a wheeled plastic container._ A toter may also be referred to as a. cart. If supplied.by customer, a,.totermust ;be.compatible with thecompany's equipment. The size and type of toter that, is compatible will be established in each company's tariff. Unit means a receptacle, made.of durable, corrosion -resistant, nonabsorbent material, that is watertight,. and. has.a close-fitting,cover and two handles. A unit holds more.than twenty gallons, but not more than thirty-two gallons;.or four.cubicffeet: A unit may not weigh more thanpounds when. filled. Where agreed on between the company and the customer, and where allowable under local ordinance, a box, carton, cardboard barrel or other suitable container may be sbbstiti ted.for a solid waste. can,. for a single pick-up that includes removal of the container, if it meets the size and weight limits established in the company's tariff. Yardwaste bin. or container means. a bin or container specifically designed or designated for the collection of yardwaste. Each company's tariff will refer to a specific type of yardwaste bin or container to be used by customers in a service area. The type, size, weight, etc., of this type of bin or container will often be set by local government plans or ordinances., Special pick-up: A pick-up requested by the customer at a time other than the regularly scheduled pick-up time, that requires the special dispatch of a truck. If a special. dispatch is required, the company will assess time rates. established in the company's tariff. Issued by: Issue date: Effective date: (For Official Use Only) - Docket No. TG- Date: By: Tariff No." I Original Page No.�& Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 20 Definitions, continued Supplement: A page added to the beginning of a tariff, normally to cover emergency, temporary, or special situations. An example is a page issued to show a special surcharge imposed by a city. Temporary service: Temporary service means. providing container or drop -box service at the customer's request, for a period of ninety days or less. Unlatching: Another term for a gate charge. A flat fee imposed by a solid waste collection company when the company's personnel must unlatch a gate or door to perform pickup service. Unlocking: A flat fee imposed by a solid waste collection company when the company's personnel must unlock. padlocks or other locking devices to perform pickup services. Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: In Tariff No. I Original Page No. Company Name/Permit Number. Freedom 2000 LLC Registered Trade Name: Item 20 — Defnidons. continued Company -specific definitions: Issued by: Tissue date: Effective date: (For Official Use Only) Docket No. TG- Date: By: Tariff No. 1 Original Page No. Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 30 —Limitations .of Service Refusal of service. A solid waste collection company may refuse to: • Pick up materials from points where it is hazardous, unsafe, or dangerous to persons, property, or equipment to operate vehicles due to the conditions of streets, alleys, or roads. • Drive into private property when, in the company's judgment, driveways or roads are improperly constructed or maintained, do not have adequate turn -grounds, or have other unsafe conditions. • Enter private property to pick. up material while an animal considered or feared to be vicious is loose: The customer will be required to confine the animal on pickup days.. Schedules. A company's schedule will meet reasonable requirements and will comply with local service level ordinances. Missed..pickups due. to. weather or road'conditions. Pickup of materials may be,. ssed due to weather or road conditions. If the . accumulated material (solid waste and/or recyclables, and/or yardwa5te) s collected on . the next scheduled or available pickup date, the company is not obiigated'to extend credit for the missed p'ickug. The customer will not:be charged, for: overfilled receptacles, or for -materials set out in bags 'on top :of ornext to,.. the customer's normal receptacles if the amount of extra material does not exceed the amount that would" have, - reasonably been expected to accumulate due to missed pickups. Due care. Other than to offer reasonable care, the company assumes no responsibility for articles left on or I near solid waste receptacles. Liability for damage. When a customer requests that a company provide service and damage occurs to the customer's driveway due to reasons not in the control of the company, the company will assume no responsibility for the damage. Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: a Tariff No. l Original Page No.x— Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 40 --Material Requiring Special Equipment, Precautions, or Disposal Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject ' to time rates named in Item 160, or to other specific rates contained in this tariff. Companies must make every effort to be aware of the commodities that require,special handling at the disposal sites named in the company's tariffs. The company shall maintain a list of those commodities and make it available for public inspection at the company's office. Item 45 — Material Rewiring Special Testing and/or Analysis When a solid waste collection company or disposal facility determines -that testing and/or analysis' of solid waste is'required.to. determine whether dangerous,or prohibited substances_are present, the actual-cost•for such testing and/or analysis will be paid by.. the customer... The,.company must,provide the .customer wttl a copy of any or invoice`for costs incurred for testing and/or analysis and also must retain ia copy in the company's fle foc-at least three years.. Those. costs shall be passed through to. the customer without markup Ttie corripaxiy must maintain'records of time spent to accomplish the special testing and/or analysis, and may bill the=custo id for"' that time under the provisions of Item 160 (Time Rates). Item 50 — Returned Check. Charges Returned check charge. If a customer pays with a check, and the customer's bank refuses to honor that check, the customer will be assessed a returned check charge in the amount of $20.00. . Issued by: Issue date: Effective date: (For Official .Use,Only) Docket No. TG- Date: By: 91 Tariff No:.. Original Page No. Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 51 Restart -Fees If service is stopped for non-payment; full payment plus a $10.00 restore fee will be required to restart service Item 52 - Redeliver Fees Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: By: Tariff No. I Original Page Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 55 — Over -sized or Over -weight .Cans or Units The company reserves the right to reject pickup of any. residential receptacle (can, unit, bag, mini -can, or micro mini -can) which, upon reasonable. inspection .exceeds the size and weight limits shown in Item 20. • If the receptacle exceeds the size and/or limits stated in Item 20, is overfilled, or the top is unable to be closed, but the company transports the materials, the following additional charges will apply: $ per Note: For charges applying on overweight toters, carts, containers, or drop boxes see item 207. Item 60 — Overtime Periods Companies will assess additional charges when providing services, at customer request; during overtime periods. Overtime periods include Saturdays, Sundays, and the following holidays: Thanksgiving Day Christmas Day Time is to be recorded to the nearest increment of 15 minutes from the time the company's vehicle leaves the terminal until the time it returns to the terminal. No additional charge will be assessed to customers for overtime or holiday work performed solely for the company's convenience. Charge per hour $70.00 Minimum Charge $70.00 Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: 93 Tariff No..1 Original Page Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 70 — Return Trips When a company is required to make a return trip, that does not require the special dispatch of a truck, to pick up material that was .unavailable for collection for reasons under the control of the customer, the following additional charges, per pickup, will apply. Can, unit, mini -can, or micro -mini can.............................:....................................$ Drum................... ................... ......................................................................... ......... Bale........................................................................ ......................... . .$ Litter Receptacle .............. ..................... ............. .......:............:.....:...:..:$: Drop Box ................. :........... ......... :.................................................... :.::....:..........::$ . Container..........:.::............................................::...................:...............................$ Toter, gallons ................ ...................................................... .. $ . Toter, gallons......................................................................................$ Recyclingcontainers .............. .................. ...................................................................... $ 5.00 Other............................................................$ Other ........................................... .$ NOTE: Return trips requiring the special dispatch of a truck are considered special pickups and are charged for under the provisions of Item 160 (Time Rates). Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: By: Tariff No. 1 Original Page No.)a Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 75 — Flat Monthly harms This rule applies in connection with Items 120, 130, 240, 245, 250, 255, 260, 265, 270, and 275. A flat monthly charge may .be assessed if computed as follows: 1. If weekly service is provided: Multiply the rate times 4.33 and then multiply that figure times the number of units picked up. 2. If every other week service is provided: Multiply the rate times 2.17 and then multiply that figuze times the number of units picked up. 3. For Items 240, 250, 260, and 270: For permanent, regularly scheduled pickups, a flat monthly charge may be assessed if computed as follows: a. For weekly service, each container provided: i. If monthly rent is shown: monthly rent plus (4.33 time_ s pickup rate times number of pickups per week) ii. If monthly rent is: not shown: 1 st pickup rate plus (3.33 times additional pickup rate) plus (4.33 times additional pickup rate times additional weekly pickups). b. For every -other week service, each container provided: L I€ monthly. rent is shown: monthly rent plus (2.17 times pickup rate times number'of pickups per week) ii. If monthly rent is not shown: 1st pickup rate plus (1.17 times additional pickup rate) plus (2.17 times additional pickup rate times additional weekly.pickups). Issued by: Issue date: Effective date: (For Official Use. Only) Docket No. TG- Date: By:. 95 Tariff No. l Company Name/Permit Number. Freedom 2000 LLC Registered Trade Name: Original Page No. Rates in this item apply: (1) To solid waste collection; curbside recycling (where noted) and yardwaste collection services (where noted) for residential property. This includes single family dwellings; duplexes, apartments,. mobile homes, condominiums, etc., where service is billed directly to the occupant.of each residential unit; and/or (2) When required by a local government service level ordinance solid waste collection, curbsidesecycling, and,. yardwaste service must be provided for single- family dwellings, duplexes, mobile -homes, condominiums and apartment buildings of less than residential units, where service is billed to the property owner or manager.. Rates below apply in the following service area: Nunber of Units or Type of Container Frequencyof Service Garbage Service Rate Recycle Service Rate Yei aste Service Rate Micro -mint Mire can Recycle only EOWR Na $7.00 We Nunber of Udts oC. Type of Frequencyof . Garbage Recycle Yardwaste Container. Service: Service Rate Service Rate Service Rate Frequency of Service Codes: WG=Weekly Garbage; EOWG=Every Other Week Garbage; MG --Monthly Garbage;.WR=Weekly Recycling;;EOWR—Every.OtherWieek Recycling; MR=Monthly Recycling List others used: Note L. Description/rules related to recycling program are shown on page 27. Note 2: Description/rules related to yardwaste program are shown on page Note: 3: In addition to the recycling rates shown above, a recycling credit/debit of $ applies. Notes for this item are continued on next page. Recycling service rates on this page expire: Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: M. 0 Tariff No. 1 Original Page No. Company Name/Permit Number: Freedom 2000 LLC Registered Trade -Name: Item 100 —Residential Service— Monthly Rates (continued from. previous =e Note 4: Customers will be charged for service requested even if fewer units are picked up on a particular trip. No credit will be given for partially filled cans. No credit will be given if customer fails to set receptacles out for collection. Note 5: For customers on automated service routes: The company will assess rolPout charges where, due to circumstances outside the control of the driver, the driver is required to move an automated cart or -toter more than feet in order to reach the truck. The charge for this roll -out service is: $ per cart or toter, per pickup. Note 6: The charge for an occasional extra residential bag, can, unit, toter, mini -can, or micro -mini can on a. regular pickup is: Type of receptacle. Rate per receptacle, per pickup 32- allon:can or unit 97 Tariff No. 1. Original Page Noa Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 100 — Residential Service -- Monthly Rates (continued) Curbside recycling provisions shown on this page apply only in the following service area: Following is a description of the recycling program (type of containers, frequency, etc.). Program provided in accordance with Ordinance Nos. 90-95, 95-045,' 97-067 and 2001-041 (as codified in Chapter 8.10 of the Whatcom County Code). Mandatory 3 bin recycling system with every -other -week collection for residences. Curbside recycling IS NOT available to seasonal vacation or weekend homes. Materials collected are newspaper, mixed paper, cardboard, plastic bottles, glass containers, aluminum;cans and:, tin cans. The Hauler will provide bins which remain the property of the Hauler. Customers will be charged a replacement fee of $10.00 per bin for lost or damaged bins Special rules related to recycling program: Curbside recycling will be provided on the same designated week day, every -other -week. Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: Lin Tariff No. 1 Original Page No# Company Name/Permit Number: Freedom 2000 LLC Registered Trade Name: Item 100 — Residential Service ---;Monthly Rates (continued) Yardwaste service provisions shown apply only in the following service area: Following is a description of yardwaste program (type of containers, frequency, etc.). Program provided in accordance with Ordinance No.. of (name of county or city). Special rules relating to yardwaste program: Issued by: Issue date: Effective date: (For Official Use Only) Docket No. TG- Date: _ By: August 25, 2008 Washington Utilities and Transportation Commission 1300 S. Evergreen Park Drive S.W. P.O. Box 47250 Olympia; Washington .98504-7250 Attention: Mr. Dave Danner, Executive Director and'Secretary Dear Sir: Please find attached an application for certificate to operate as a solidwaste:collection company.under chapter 8197 RCW. Please -note that this application and associated` documents reflect a desire to operate strictly as a curbside recycling' Collection Company. Thank you for. your consideration of this application and we look forward'to`` correspondence confirming receipt of same. Yours very .truly, FreedgM 2000 LLC, David ellatly Cc: Pete Kremen, Whatcom County Executive Whatcom County Council Frank Abart, Director, Whatcom County Public Works 100 'WA.SHI,,NGT0N UTILITIES AND TRANSPORTATION COMMISSION APPLICATION FOR CERTIFICATE TO OPERATE AS A SOLID WASTE COLLECTION COMPANY UNDER CHAPTER 81.77-RCW This application packet -contains the following information: ❑ Application Forms ❑ Sample Standard Tariff Format ❑ WAC 480-70 - Rules Relating to Solid Waste Collection Companies ❑ "Your Guide to a Satisfactory Safety Rating" You may not begin operations as a solid waste collection company until you are granted authority and a solid waste certificate is issued to you. Applications are subject to public notice and protest and may be set for hearing. You must file and maintain Public Liability and Property Damage Insurance (Form E) with the Washington Utilities and Transportation Commission (Commission) covering each vehicle operating under your solid waste certificate.in the state of Washington. Insurance or bond minimum limits are: Vehicles less than 10,000 GVW R $300,000 combined single limit of public liability and property damage insurance Form E Vehicles 10,000 GVWR and more $7501000. combined single limit of public liability;and . property damage, insurance Form E Transport quantities of biomedical waste not subject to $1.000,000 combined single limit coverage (Form Q federal regulation Transport quantities of hazardous or biomedical waste The federal.minimum combined'single limit coverage' that are subject to federal regulation see Title 49 CFR Part 387.301.&°303 You may contact our Licensing Services and Compliance staff for assistance at 360-664-1222. The Commission has a policy of providing equal access to its services_ If you need special accommodations, please call 360-664-1133 or TTY 360-586-8203. Please submit application forms, appropriate attachments and proof of insurance to the address below: Washington Utilities and Transportation Commission 1300 S. Evergreen Park Drive S.W. P.O. Box 47250 Olympia, Washington 98504-7250 If paying by credit card, you may fax your application to: 360-586-1181 or mail it to the address listed above. Please refer to our website www.wutc.wa.gov for WORD and PDF versions of the application, standard tariff format, adoption notice, etc. 101 VASHl NG-1'DN I9. = UTtLt71ES Jl#fl:'i'illt'L�i+bT�iA`Et4t1 GO�!71Yi 15 S l:O f?1:. Docket September 17, 2008 1300 S Evergreen Park Drive SW PO Box 47250 Olympia WA 98504-7250 Phone: (360) 664-1222 FAX: 360-586-1181 TTY: (877) 210-5963 Website: www.cvutc.«aeov E-mail: infv@wutc.wa.eov This list of permanent operating authority applications pending and temporary operating authority applications granted is issued under the provisions of Title 81 and WAC 480. of the Commission's- Laws and Rules. PERMANENT Solid Waste Carrier Authority Application Pending. As provided in WAC Solid Waste.Carrier application filings are subject to protest for 30 days from the date they appear on this docket. Protests must be filed according to the provisions of rule and must set out the specific grounds for opposing the application and must contain a concise statement of the protestant's interest in the proceeding. Application Date Filed. Applicant & Service Desired Docket No. 08/29/08 Freedom 2000, LLC TG-081576 575 Calder Drive Point Roberts, WA 98281 SOLID WASTE COLLECTION SERVICE consisting of only source -separated recyclable materials collected from single and multifamily residences within Point Roberts, WA. Page 1 of 1 To request availability of the document in alternative formats, call (360) 664-1133 102 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 — 343 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9/30/2008 10/7/2008 PW & Introduction Division Head: Dept. Head. Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Ordinance amending WCC 2.78, Solid Waste Advisory Committee ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMAR YSTA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion of an Ordinance amending Whatcom County Code 2.78, Solid Waste Advisory Committee COMMITTEE ACTION.• COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. 103 PROPOSED BY: Brenner, Weimer SPONSORED BY: Consent INTRODUCTION DATE: October 7, 2008 ORDINANCE NO. AMENDING WHATCOM COUNTY CODE 2.78, SOLID WASTE ADVISORY COMMITTEE WHEREAS, the intent of the Solid Waste Advisory Committee is to have a diverse cross-section of individuals interested in solid waste/recycling issues on the committee; and WHEREAS, the intent of the citizen and business/industry positions is to have individuals interested in these issues who have no financial ties to the solid waste industry; and WHEREAS, the Council wishes to clarify language in the Solid Waste Advisory Committee section of the Code. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Section 2.78 is hereby amended as outlined in Exhibit A to this ordinance. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor 2008. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair ( ) Approved ( ) Denied Pete Kremen, County Executive Date: 104 EXHIBIT A (Ordinance amending WCC 2.78) Chapter 2.78 SOLID WASTE ADVISORY COMMITTEE Sections: 2.78.010 Committee - Established. 2.78.020 Committee - Members. 2.78.030 Committee - Advice and recommendation to county executive. 2.78.040 Committee - Duties. 2.78.050 Appointments to committee. 2.78.060 Eligibility to serve on committee. 2.78.070 Filling of vacancies. 2.78.080 Terms of office. 2.78.090 Meetings - Rule promulgation. 2.78.100 Public works department to provide administrative support. 2.78.110 Members not to be compensated. 2.78.010 Committee- Established. The county solid waste advisory committee is established to be comprised of a county -wide group of representatives of citizens, public interest groups, business, the waste management industry, and local elected public officials or their appropriately appointed designees to provide for coordination and information exchange between the groups about solid waste issues and to provide ongoing public input and advice to Whatcom County on solid waste management issues. (Ord. 2002-050; Ord. 93-023; Ord. 91-002 (part); Ord. 85-90 § 1). 2.78.020 Committee- Members. The county solid waste advisory committee shall be composed of 11 members. Two of the members shall be local elected officials or their appropriately appointed designees, who shall serve for a one-year period, with one representative from the city of Bellingham and one representative from other cities in the county. One member shall be a Whatcom County councilmember. The remaining eight members shall represent a balance of interest from the following sectors: two citizen representatives with no financial ties to other included sectors, two representatives from public interest groups, one business/industry representative not from the solid waste industry, one representative from the waste collection industry, one recycling industry representative, and one solid waste disposal facility representative. No two representatives can be from the same company or public interest group. (Ord. 2002- 050; Ord. 93-023; Ord. 91-002 (part); Ord. 85-90 § 2). 2.78.030 Committee- Advice and recommendation to county executive. The county solid waste advisory committee shall advise and make recommendation to the county executive and council on matters within their scope and charge. (Ord. 85-90 § 3). 2.78.040 Committee- Duties. The scope and charge of the county solid waste advisory committee shall be to: A. Advise Whatcom County of all aspects of solid waste management planning; B. Review no less frequently than once annually, the county comprehensive solid waste management plan, and recommend appropriate changes, amendments, or modifications thereof; C. Assist Whatcom County in the development of programs and policies concerning solid waste management; 105 D. Review and comment on proposed solid waste management rules and policies, or ordinances prior to their adoption. (Ord. 85-90 § 4). E. Review and comment on the proposed solid waste management budget before it is submitted to the Solid Waste Executive Committee. 2.78.050 Appointments to committee. The county executive shall be able to appoint nonvoting ex officio members who shall serve at the executive's discretion. The county council shall nominate and appoint members to the committee in accordance with its rules of procedure as required by RCW 70.95.165. (Ord. 2002-050; Ord. 93-023; Ord. 91-002 (part); Ord. 85-90 § 5). 2.78.060 Eligibility to serve on committee. The term of office of any committee member shall be limited to two consecutive full terms. Reappointment shall be subject to confirmation by council action motion. If, during the term of office, a public official is defeated in a general election, or for any other reason loses his/her political office, the public officer is no longer eligible to sit on the committee as an elected official and the position shall immediately be vacated by that reason and refilled. (Ord. 85-90 § 6). 2.78.070 Filling of vacancies. A vacancy shall be filled for the remainder of the term of the vacant position in the manner described in the initial appointment. (Ord. 89-90 § 7). 2.78.080 Terms of office. Four members shall initially serve a term ending December 31, 1987, and the remaining five members shall serve a term ending December 31, 1988, or until their successor is appointed and confirmed as provided in this chapter. Thereafter, all terms shall be for three years. (Ord. 85-90 § 8). 2.78.090 Meetings— Rule promulgation. The solid waste advisory committee shall meet as required to carry out the purposes of the committee. The committee shall promulgate rules for the election of officers and the conduct of its business. (Ord. 85-90 § 9). 2.78.100 Public works department to provide administrative support. Ongoing administrative support to the committee shall be provided by the county department of public works. (Ord. 85-90 § 10). 2.78.110 Members not to be compensated. Members of the committee shall serve without compensation. (Ord. 85-90 § 11). 106 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-3 4 7 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9125108 10107108 P & D /Counci Kate Koch o j� (1 p_ �J `J - ✓ Division Head: Linda J. Peterson U L S : IF' 3 03 2008 Dept. Head: /, �j '' David Stalheim �/( VVHATCOM COUNTY Prosecutor: COUNCIL Royce Buckingham �} Purchasing/ p� Ila Budget: Executive: (� 30— Pete Kremen TITLE OF DOCUMENT: An interlocal agreement between Whatcom County and the City of Bellingham for the purpose of annexation and development within the City of Bellingham UGA for approximately 265 acres in the vicinity of Pacific Highway and Aldrich Road. ATTACHMENTS: (1) Whatcom County Contract Information Sheet (2) Proposed Interlocal Agreement Amendment # 15 between the City of Bellingham and Whatcom County SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Interlocal Agreement between the City of Bellingham and Whatcom County for annexation of approximately 265 acres (known as the Pacific Highway / Aldrich Road annexation) generally located west of Aldrich Road, east of SH 1-5, north of Division Road and south of the northerly right-of-way of Stuart Road and Larrabee Road, within Sections 10 and 11 of Township 38 North, Range 2 East of Willamette Meridian, in Whatcom County, WA. "fhe request is to authorize the County Executive to sign an amendment to the City of Bellingham Interlocal Agreement. COMMITTEE ACTION: COUNCILACTION. Related County Contract #: 9712012 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. 107 WHATCOM COUNTY CONTRACT INFORMA TION SHEET Whatcom County Contract No. 9712012 - /S Originating Department: Planning and Development Services Contact Person: Kate Koch Contractor's Name: City of Bellin ham Interlocal Agreement Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes _ No X Yes X No If an Amendment, previous number(s): _9712012 #14 Is this a renewal? Yes No X Contract Amount: (sum of original contract If a Professional Services Agreement is more than $15, 000 or a Bid is amount and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council approval $ No Dollars and a supporting memo. Any amendment that provides either a 10% This Amendment Amount: increase in amount or more than $10, 000, whichever is greater, must also $ go to Council and will need an agenda bill and supporting memo. If less Total Amended Amount: than these thresholds, just submit to Executive with supporting memo for $ approval. Scope of Services This amendment #15 to the Interlocal Agreement made between the City of Bellingham and Whatcom County is for the purpose of annexation of approximately 265 acres in the vicinity of Pacific Highway and Aldrich Road. Nature of Contract Amt: ( Check one) Fixed Amount Not to Exceed Open Ended X Term of Contract: Expiration Date:4V� 1 - 31-0 Renewal Option Yes No X Last Renewal Expires: Special Dates or clauses that require calendaring: 1. Prepared by: �� Date '1- 7-5 - 0� [electronic] 2. Attorney reviewed. KB Date g'Z� [electronic] 3. Corrections made: 4. Attorney signoff: _ Date Date electronic] hard copy printed 5. Contractor signed: Date 6. Submitted to Exec Office ,/ Date -a 6'0$ [summary via electronic; hardcopies] 7. Reviewed by DCA Date 8. Council approved (if necessary) Date 9. Executive signed: Date 10. Contractor Original Returned to dept; Date 11. County Original to Council Date AMENDMENT #15 _ 9-712012-I5___' TOf.__,s_:....._,_._...._r_......_.._..,._.._.._._w.....� INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND WHATCOM COUNTY CONCERNING ANNEXATION This amendment is made by and between the City of Bellingham (hereinafter referred to as the City) and Whatcom County (hereinafter referred to as the County), political subdivisions of the State of Washington, pursuant to the Interlocal Cooperation Act, RCW 39.34. WHEREAS, the City and County have entered into an Interlocal Agreement executed December 19, 1997 concerning annexation and development within the City of Bellingham's Urban Growth Area (UGA); and WHEREAS, the City and County have agreed to an additional annexation of property initiated by property owners, and known as the Pacific Highway/ Aldrich Road annexation; WHEREAS, during the annexation review process Whatcom County Public Works identified Silver Creek drainage, located outside of the annexed area, as a source of potential flooding on Aldrich and Larrabee roads as well. as adjacent residential structures which would be annexed into the city with the approval of this proposal; and WHEREAS, Section 1 of the Interlocal Agreement states that for each annexation the Interlocal Agreement "shall be amended to include a description of the annexation area and other amendments related to the annexation area. NOW, THEREFORE, IT IS HEREBY AGREED: The following information is pertinent to the newly annexed area and shall be included as an amendment of the Interlocal Agreement: Annexation Name and Acreage Boundary Review Board no. Map: Legal Description: Annexation Method: Pacific Highway/ Aldrich Road Annexation; approximately 265 acres II: Attached as Amendment #15, Exhibit A Attached as Amendment #15, Exhibit B 75% petition Interlocal Agreement —Amendment #15 City of Bellingham & Whatcom County 109 Lake Whatcom Watershed Analysis Roads serving the area: Compensation for Capital Facilities Existing & Intended Services: Not in Watershed Pacific Highway, Northwest Drive, Pickett Road, Larrabee Road, and Aldrich Road Attached as Amendment #15, Exhibit C Attached as Amendment #15 Exhibit D 2. Whatcom County Public Works and the City of Bellingham Public Works will coordinate in the future to manage flooding in the annexed area. This amendment is contingent upon and shall not bind the parties hereto until such time as the City Council of the City of Bellingham enacts an ordinance annexing the property referenced above. IN WITNESS WHEREOF, the parties have signed this amendment effective on the date indicated below. CITY OF BELLINGHAM By Mayor Date Attest Finance Director Date Approved as to form: Office of the City Attorney WHATCOM COUNTY By County Executive Date Approved as to form: W rosecutor Interlocal Agreement — Amendment #15 City of 'Bellingham & Whatcom County 110 EXHIBIT A TO AMENDMENT #15 Maps Pacific Hwy/Aldrich Rd. Annexation 11 ■� MAP Cite of Bellingham L�G'�T�OIY fIJI'iP 1kanni 19 coattmru+ih' Derelo ment DIP,,' Uaent, >0/l: Interlocal Agreement — Amendment #15 City of Bellingham & Whatcom County 111 EXHIBIT B TO AMENDMENT #15 Legal Description Legal Description for approximately 270 acres to be annexed to the City of Bellingham, generally located west of Aldrich Road, east of SH 1-5, north of Division Road and south of the northerly right-of-way of Stuart Road and Larrabee Road, within Sections 10 and 11 of Township 38 North, Range 2 East of Willamette Meridian, in Whatcom County, WA. Beginning at the point of intersection of the north right-of-way line of Division Road (an unimproved road) extended west with the westerly right-of-way line of County frontage road (said line also being the easterly right-of-way line of SH I- 5), thence in a northwesterly direction along said westerly right-of-way line a distance of 3200 feet more or less to the intersection of the north right-of-way line extended west of Stuart Road (an unimproved road) and the County frontage road. Thence in an east direction along said north right-of-way line of Stuart Road a distance of 3000 feet, more or less, to the north/south centerline of Section 11, Twp. 38N, Ra.2E, thence south 30 feet along said Section 11 centerline to the northerly line of the 30 foot wide right-of-way north of and adjoining Block 36B of the Bakerview Addition to Bellingham. Thence east along said northerly line of unimproved right-of-way a distance of 780 feet more or less to the northeasterly right-of-way line of Northwest Drive. Thence in a southeasterly direction along the Northwest Drive right-of-way line a distance of 700 feet more or less to the north right-of-way line of Larrabee Road. Thence east along the northerly right-of-way line of Larrabee Road to the intersection with the west right-of-way line of Aldrich Road. Thence in a southerly direction along the west right-of-way line of Aldrich Road a distance of 2050 feet more or less to the north right-of-way line of Division Road, an unimproved road. Thence west a distance of 3950 feet, more or less, along the north right-of-way line of Division Road and its extension to the intersection with the west right-of-way line of the County frontage road (said line also being the easterly right-of-way line of SH 1-5), and the point of beginning. Interlocal Agreement — Amendment #15 City of Bellingham & Whatcom County 112 EXHIBIT C TO AMENDMENT #15 Compensation for Capital Facilities WHATCOM COUNTY ROAD PROJECTS REQUIRING POTENTIAL REIMBURSEMENT Project Cost within Urban Growth Boundaries Project Name and Year Cost Total State/Fed Local Location Complete Match Share' West Bakerview (Mitchell 1997 50,210 50,210 0 50,210 to W. Maplewood) Austin Street (Cable to 1998 809,090 809,090 109,720 699,370 Lake Louise Terrace Avenue Rock Wall 1998 23,340 23,340 0 23,340 Northwest Drive 1999 1,008,730 498,200 0 498,200 (Bellingham C/L to Axton Van Wyck Road (SR 539 — 1999 215,940 107,970 0 107,970 1,200 feet east Slater Road (1-5 to 2000 227,100 227,100 0 227,100 Northwest Drive James/E. Bakerview 2000 697,380 697,380 430,220 267,160 Si nalization Yew Street Road (Spring 2001 3,548,680 3,548,680 2,043,960 1,504,720 Valley to San Juan James/Telegraph 2001 461,750 461,750 0 461,750 Intersection Im rovements Aide rwood/Ai rport/Bake rvi 2001 1,500,000 1,500,000 998,540 501,460 ew Marine to 1-5 Total 4,341,280 NOTES: 1. Only Whatcom County "Road Funds" are eligible for re-imbursement. Updated February 15, 2007 Interlocal Agreement — Amendment #15 City of Bellingham & Whatcom County 113 EXHIBIT D — TO AMENDMENT #15 Existing and Intended Service Providers Service Existing Provider Government: Whatcom County Water: Limited service from City, private wells Sewer: Private septic systems Law Enforcement: Whatcom County Sheriff Fire Protection: Whatcom County Fire District #8 Library: Whatcom County Library District Road Maintenance: Whatcom County Public School: Bellingham School District #501 Interlocal Agreement — Amendment #15 City of Bellingham & Whatcom County Intended Provider City of Bellingham City of Bellingham City of Bellingham City of Bellingham City of Bellingham City of Bellingham City of Bellingham Bellingham School District #501 114 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-270A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: Planning and Alex Cleanthous AGG PI10./7/08 Development L D Subcommittee 'S C. `� 2 20Un 8 J WHATCOM COUNTY C O U N C I L discussion Division Head: 10.17108 Council Introduction Dept. Head: DavidStalheim 10121108 Council Prosecutor: Royce Buckingham Purchasing/Budget: kXQ 3o (A Brad Bennett Executive: Pete Kremen TITLE OF DOCUMENT. Wind Energy Systems ATTACHMENTS: (1) Proposed ordinance (2) Whatcom County Planning Commission Findings of Fact & Reasons for Action, Conclusions and Recommendation (3) Staff Report SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (x) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The proposed zoning text amendment would add a new chapter to Whatcom County's Zoning Code, Title 20. Chapter 20.14 would permit Wind Energy Systems (WES) in all scales, from residential scale through utility size in the zoning code. The proposed code would outright permit in all zones Small Wind Energy Systems (SWES) up to 100 feet. These types of systems are intended for on -site, residential energy generation. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatconLwa.us/council. l:\Planning Division\Long Range Planning\Zoning Amendments\Zoning 2008\ZON2008-00006 (Windmills)\agendabill.doc 115 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax MEMORANDUM TO: Whatcom County Council Members THROUGH: David Stalheim I rj FROM: Wain Harrison, Long Range Planning Supervisor1C' Alex Cleanthous, Planning Technician Au - DATE: September 26, 2008 SUBJECT: Wind Energy Systems David Stalheim Director J.E. "'Sam" Ryan Assistant Director RECEIVED SEP 2 6 2008 PETE KREMEN COUNTY EXECUTIVE Whatcom County Planning and Development Services has had inquires about building applications for Small Wind Energy Systems those systems have not been approved due to zoning restrictions. Currently, these systems can only be approved as an accessory structure to a permitted use. However, due to height restrictions within the zoning code each applicant would also have to apply for a Variance Permit. This has made the installation of these systems for residents too costly. This zoning text amendment was applied for by Whatcom County Councilors Brenner and Weimer on June 30, 2008. The proposed text amendment had a Whatcom County Planning Commission public hearing on September 11, 2008. The Planning Commission voted unanimously to forward a recommendation of approval to the County Council. The proposed text amendment will add a new chapter to the zoning code and would permit Wind Energy Systems (WES) in all scales, from residential scale through utility size in the zoning code. The proposed code would outright permit in all zones Small Wind Energy Systems (SWES) up to 100 feet. These types .of systems are intended for on -site, residential energy generation. Systems larger than what is defined as a SWES will have to go through either the Administrative Approval or Conditional Use permitting process, depending on a system's rated output. Planning staff is requesting that the Whatcom County Council consider approving the recommendations of the Planning Commission and adopt the proposed zoning text amendment which is consistent with goals of Whatcom County's Comprehensive Plan and the Growth Management Act. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2525 116 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. AMENDING WCC TITLE 20, TO ESTABLISH DEVELOPMENT REVIEW PROCEDURES FOR THE INSTALLATION OF WIND ENERGY SYSTEMS IN WHATCOM COUNTY WHEREAS, the Whatcom County Comprehensive Plan places a high priority on healthy air quality and the environmental protection of its community, including the promotion of renewable energy systems, such as wind turbines, in Whatcom County; and WHEREAS, reducing community fossil fuel consumption, such as from electricity generation, is also consistent with Whatcom County's Climate Protection goals; and WHEREAS, WCC currently lacks specific rules on the installation of wind energy systems, therefore residents must apply for a Conditional Use Permit on any wind turbine that exceeds the existing height limitations of the zone in which it is located; and WHEREAS, inclusion of Wind Energy Systems in WCC will help meet the Growth Management Act goals of protecting clean air and the high quality of life in Washington State; and WHEREAS, the County Planning Department has noted increased community interest in the installation of Wind Energy Systems on private property in Whatcom County, which prompted Whatcom County Council members to apply for this zoning text amendment; and WHEREAS, County staff worked with local renewable energy builders to create zoning language that will result in the development of efficient Wind Energy Systems that will provide benefit to users while protecting the interests of neighboring property owners; and WHEREAS, Whatcom County has received input on the proposed text amendment from agencies such as Department of Fish and Wildlife, Department of Transportation Airport Planning Division, and the City of Ferndale; and WHEREAS, the Whatcom County Planning Commission held a public hearing on September 11, 2008, and unanimously voted to recommend the approval of proposed text amendment changes to the County Council, based on its Findings of Fact. FINDINGS OF FACT AND REASONS FOR ACTION 1. Notice of the subject amendment was sent to the Department of Community, Trade, and Economic Development (CTED) and other state agencies on July 21, 2008. 2. On August 19, 2008, the Whatcom County SEPA official gave the proposed zoning text amendment a Determination of Non -Significance (DNS). 117 3. Notice of the Planning Commission hearing for the subject text amendment was published in the Bellingham Herald on September 2, 2008. 4. Notice of the Planning Commission hearing for the subject text amendment was published on the County's web site on September 3, 2008. 5. The Planning Commission held a public hearing relating to the subject amendment on September 11, 2008. 6. Goal 10, within the Growth Management Act, is to "Protect the environment and enhance the state's high quality of life, including air and water quality and the availability of water." 7. The Action Plan section of Chapter 5 of the Whatcom County Comprehensive Plan has the goal to "Adopt ordinances enabling and facilitating alternative sources of energy." 8. Whatcom County's zoning code as it stands has no provisions for Small Wind Energy Systems. 9. Whatcom County staff has worked with local renewable energy builders to create zoning language that takes into consideration the needs of future Small Wind Energy System developers, this process will result in the development of efficient SWES that will provide the most benefit to users. CONCLUSION The proposal meets all of the legal requirements as noted within the Findings of Fact and Reasons for Action. The proposed amendment is compatible with the Growth Management Act, Whatcom County Comprehensive Plan Goals and Policies, along with policies within Whatcom County's County Wide Planning Policies. Approval of this amendment is in the public interest. 118 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance (Title 20) is hereby amended as shown in Exhibit A. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor , 2008. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Date: Carl Weimer, Chairperson () Approved () Denied Pete Kremen, Executive 119 Exhibit A 20.68 Heavy Impact Industrial (HII) .060 Stationary thermal power plants with generating capacity of less than 250,000 kilowatts, floating thermal power plants with generating capacity of less than 50,000 kilowatts, and other power plants utilizing renewable resources from solar, wind (WCC 20.14) or water sources. Definitions 20.97 20.97.235 Meteorological Tower (MET Tower) A structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. 20.97.434.1 Small Wind Energy ystem (SWES) A wind energy conversion system, with a rated output up to and100 kW, consisting of. wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware. 20.97.435.1 Tower Height The distance measured from the grade plane (WCC 20.97.162) to the hub height of the wind turbine. This structure may be freestanding, guyed, or a monopole. 20.97.435.4-2 Trailheads 20.97.435.23 Trails 20.87.455.1 Wind EnergSystem (WES) A wind energy conversion system, consisting of. wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware. 20.97.455.2 Wind Turbine The parts of the wind system including the blades, generator and tail. Chapter 20.14 Wind Energy Systems Sections 20.14.010 Purpose 20.14.020 Definitions 20.14.030 Applicability 20.14.040 Regulatory Framework 20.14.050 General Requirements 20.14.060 Sound Levels and Measurement 20.14.070 Safety 120 20.14.080 Federal and State Requirements 20.14.010 PURPOSE The purpose of the Ordinance is to facilitate the installation and construction of wind energy systems in Whatcom County for private landowners, subject to reasonable restrictions. 20.14.020 DEFINITIONS As used in this Ordinance, the following terms shall have the meanings indicated: County shall mean Whatcom Cou= Rovernment. FAA shall mean the Federal Aviation Administration. MET Tower or "Meteorological tower" - a structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. Small Wind EnergySystem (SWES) - A wind energy conversion system, with a rated output up to and including 100 kW, consisting of: wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware. Tower Height - The distance measured from the grade plane (WCC 20.97.162) to the hub height of the wind turbine. This structure may be freestanding, guyed, or a monopole. Wind Turbine - The parts of the wind system including the blades, generator and tail. Wind EnergS stem (WES) - A wind energy conversion system, consisting of: wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware. 20.14.030 APPLICABILITY The requirements set forth in this Ordinance shall govern the siting of wind energy ystems used to generate mechanical or electrical energyperform work, and which may be connected to the utility grid pursuant to the Revised Code of Washington, Chapter 80.60, Net Metering of Electricity, serve as an independent source of energy, or serve as hart of a hybrid system. The requirements of this Ordinance shall apply to all Wind Energy (WES) proposed after the effective date of this Ordinance. Any WES for which a required permit has been properly issued prior to the effective date of this Ordinance shall not be required to meet the requirements of this Ordinance; provided, however, that any such pre-existing WES that is not producing energy for a continuous period of twelve (12) months shall meet the requirements of this Ordinance prior to recommencing production of energy. No modification that increases the height of the system or significantly increases its output shall be allowed without full compliance with this Ordinance. 121 20.14.040 REGULATORY FRAMEWORK .041 PERMITS AND ZONING System Type Reg uired Permit Zones MET Tower Outright permitted All — for up to 24 months One S WES Outright permitted All WES with a rated output of Administrative permit Rural, AG, CF, RF, HII 101 kW up to and including 500 kW Multiple SWES per parcel Administrative permit All with a cumulative rated output of including and up to 100 kW. WES greater than 500 kW Conditional Use Permit AG, CF, RF, HII Multiple WES per parcel with Conditional Use Permit AG, CF, RF, HII a cumulative rated above 100 kW 1 —WES and MET towers are required to be in compliance with but not limited to Whatcom County Code Title 15 Buildings and Construction and acquire the necessary building permit. 2 - Administrative Permit WCC 20.84.235 3 - Conditional Use Permit WCC 20.84.200 .042 PRINCIPAL OR ACCESSORY USE A WES may be considered either principal or accessory use. A different existing use or an existing structure on the same lot shall not preclude the installation of a WES or a part of such facility on such lot. Any WES that is constructed and installed in accordance with the provisions of this Ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure. 20.14.050 GENERAL REOUIREMENTS FOR WIND ENERGY SYSTEMS .051 VISUAL APPEARANCE; LIGHTING, POWER LINES 1) Wind Turbines shall be painted a non -reflective, non -obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the community, unless FAA standards require otherwise. The zoning administrator may require a photo of a WES, of the same model as that proposed in the landowner's application, adjacent to a building or some other object illustratingscale Cale (e.g., manufacturer's photo). 2) At WES sites, the design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the WES to the natural setting and the existing environment. 3) No WES shall be artificially lighted, except to the extent required blithe FAA or other applicable authority. 122 4) No WES shall be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind turbine. 5) Electrical controls, control wiring and power lines shall be wireless or underground, except where WES wiring is brought together for connection to the transmission or distribution network adjacent to that network. .052 SETBACKS AND HEIGHT LIMITS The following setback requirements shall apply to all WES and MET Towers: 1) If the system does not exceed the height limitation of the zone in which it is proposed, it is exempt from the setback requirements of this ordinance, provided that all parts of the system meet the setback requirements of the underlyingzone 20.80.200). Except within the AG, CF and RF zones. 2) The tower height of a WES shall not exceed 100 feet, or the maximum allowed by zoning, whichever is greater. MET Towers cannot exceed a maximum height of 100 feet except in n the Agricultural, Rural Forestry and Commercial Forestry zones. Wind energy ystems with towers taller than 100 feet must obtain an Administrative Permit, except within the AG, CF and RF zones. a) All systems greater than 100 feet must provide in writing that the height requested is the minimum height necessary for the WES to operate efficiently, and demonstrate the need for the system to be 30 feet above any obstruction within 500 feet. 3) Property lines: Each tower shall be set back from the nearest property line a distance no less than 1.2 times its Tower Height, up to a maximum of Tower Height plus 20 .feet, unless appropriate easements are secured from adjacent property owners, or other acceptable mitigation is approved by the Zoning Administrator or Hearing Examiner. 4) Communication and electrical lines: Each WES shall be set back from the nearest above- gound public or private non -participating utility a distance no less than 1.2 times its Tower Height,up to a maximum of Tower Height plus 20 feet, determined from the existing power line or telephone line. 5) Setbacks shall be measured to the outer edge of the base of the WES structure towers. Guy cables and other accessory support structures may be located within setback areas. 20.14.060 SOUND LEVELS AND MEASUREMENT Audible sound due to WES operations shall not exceed fifty five (55) dBA for any period of time, when measured at the property line of any abutting property containing an occupied building on the date of approval of any WES Siting Permit. The level, however, may be exceeded during short-term events such as utili , outages and/or severe windstorms. 20.14.070 SAFETY 1) The blade tip of any Wind Turbine shall, at its lowest point, have ground clearance of no less than fifteen (15) feet, as measured at the lowest point of the arc of the blades. 123 2) Wind Turbine towers shall not provide step bolts or a ladder readily accessible to the public and shall be a minimum height of 10 feet above ground level. 3) All electrical equipment shall be safely and appropriately enclosed from unintentional access by means such as barrier fencing, equipment cabinetry or similar. All access doors to Wind Turbine towers and electrical equipment shall remain locked until access is necessary. 4) Appropriate warning signage (e.g., electrical hazards) shall be placed on Wind Turbine towers, electrical equipment, and WES. 5) All WES shall be equipped with overspeed controls to limit rotation of blades to a speed below the designed. limits of the system. No changes or alterations from the certified design shall be permitted unless accompanied by a licensed professional engineer's statement of certification. 6) Any WES found to be unsafe by the building official shall be repaired by the landowner to meet federal, state and local safety standards or removed within 3 months. 20.14.080 FEDERAL, STATE AND LOCAL REQUIREMENTS 1) WES shall comply with all current adopted Whatcom County Codes & Ordinances, including but not limited to Whatcom County Code, Title 15, Title 16, and Title 23. 2) WES must comply with regulations of the Federal Aviation Administration (FAA), along with requirements within WCC 20.80.675 "Height Limitations Surrounding Airports". a) If necessary an applicant may be required to submit the following information for analysis of airspace obstructions in relation to WCC 20.80.675: Mean Sea Level (MSL) of adjacent airports, (MSL) of proposed site, Euclidean distance from adjacent airports to proposed site, total elevation of (WES) and structure. 3) All WES electrical systems shall comply with requirements per the Washingion State Department of Labor & Industries and the current adopted edition of the National Electrical Code (NEC). 4) All WES with the intention to tie to their respective utility provider's grid system, shall meet the requirements -of Chapter 80.60 of the Revised Code of Washington, Net Metering of Electricity. 124 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES STAFF REPORT I. SUMMARY OF PROPOSAL AND RECOMMENDATION File # ZON2008-00006 File Name: Small Wind Energy Systems Applicant: Whatcom County Council Members, Barbara Brenner and Carl Weimer Request Action: 1. To add a Chapter 20.14 to the Whatcom County Code (WCC) that would permit Wind Energy Systems (WES) and Small Wind Energy Systems (SWES) throughout the unincorporated portions of Whatcom County County. Reason for Request: Whatcom County has had numerous inquiries and building permit applications for Small Wind Energy System (SWES). SWES are permitted as an accessory use within the zoning code, but the height limitations of the underlying zoning districts are not practical for a windmill. Recommendation: Staff recommends that the Planning Commission forward a recommendation of approval to the Whatcom County Council for the proposed Whatcom County Code text amendments. II. BACKGROUND INFORMATION Process Whatcom County Planning and Development Services, along with Christina Reeves, the County's Conservation Resource Analyst, have been working with local renewable energy builders who have expressed interest in seeing Small Wind Energy Systems (SWES) become a permitted use in the Whatcom County's Title 20 Zoning Ordinance. Working with these local individuals, County staff began understanding what types of systems are available, and what systems would be most beneficial for Whatcom County residents. County staff also worked with the renewable energy builders in creating zoning text language that would be effective and conducive for the development of SWES, but that also takes into consideration the interests of other residents of Whatcom County. State Policies Washington State has policies in place supporting the development of renewable energy production. RCW 40.80 is Washington's Net Metering Policy, allowing users of renewable energy sources to connect their system to their utility service provider's grid and sell back excess generated energy. WAC 458-20-273 is Washington's Renewable Energy Production Incentive program which will pay users for the production of energy from renewable sources. The 125 File # ZON2008-00006 Small Wind Energy Sy., September 11, 2008 Staff Report, Page 2 program pays users a base rate but if the products used are manufactured in Washington the kilowatt per hour of electricity generated is multiplied by an economic development factor listed in WAC 458-20-273. Types of Systems The proposed amendment would permit in all zones SWES with a rated output of 100 kw or less. Systems that fall within this threshold are residential scale windmills. The average home uses approximately 9,400 kWh of electricity a year. The average size residential windmill has a rated output of between 5 to 15 kilowatts. Depending on the system's performance abilities as well as the availability of wind to fuel the system, a residential scale SWES can generate approximately half, if not all of a homes energy needs. The next classifications within the.proposed text are systems between 100-500 kw. These Wind Energy Systems (WES) would primarily be beneficial for agricultural purposes. In ideal conditions these systems would be able to generate enough electricity to power farm operations. A growing trend among farmers is to have wind energy as another source of income for their farm operations. Federal Grants through the Farm Bill are available to assist farmers in adding renewable energy sources to their farm operations. WES this size would be permitted within the Agriculture (AG), Commercial Forestry (CF) and Rural Forestry (RF) zones and Heavy Impact Industrial (HII) zones. Above the 500 kw threshold are utility or wind farm size systems. These WES would be permitted only in the Agriculture (AG), Commercial Forestry (CF) and Rural Forestry (RF) zones and Heavy Impact Industrial (HII) zones. These zones are more appropriate for larger scale wind projects because except for the HII zone, they have no height restrictions. Utility scale wind turbines have a height of 200 to 300 feet, with rotor spans of 150 to 260 feet. Permitting this size of system as a Conditional Use will allow the public to review and comment on the proposal, and for the Hearing Examiner to ensure that any proposed wind farm would not be conflicting with surrounding land uses. III. ANALYSIS OF THE PROPOSED AMENDMENT Issues With Windmills: Height Within Whatcom County's zoning code each zone has a maximum height except within the Agriculture, Commercial Forestry, and Rural Forestry zones. To permit SWES in the zoning code they have to be permitted in a way that does not unduly restrict their need to be higher than what the zoning code allows, and does not add additional costs because of their height. A general rule of thumb for SWES is, in order for the system to be effective in capturing wind the SWES needs to be at least 30 feet above any obstruction within 500 feet. Most of the zones within the zoning code have height restrictions between 35-45 feet. The typical height for a SWES is between 60 to 120 feet. Permitting SWES up to 100 feet in all zones would allow for SWES systems to avoid any potential developed wind obstructions and operate with access to the necessary fuel source, wind. Systems that are not SWES such as the 100 kW to 500kW range, require a tower height between 115 to 160 feet. WES 500 kW and greater fall into the commercial or utility scale, and range in height from 200 to 300 feet. Systems with rated outputs within these two ranges are permitted but only within the zones where there is no height limit, Concern was raised by the renewable energy builders that 100 feet is not high 126 File # ZON2008-00006 September 11, 2008 Small Wind Energy Systems Staff Report, Page 3 Noise enough. In some cases towers between 130 —170 feet would be more appropriate to ensure that towers will be above any tree or other natural obstruction. This height will ultimately allow the system to be more efficient, and would have fewer impacts on noise and visual aesthetics. Planning staff does not feel it is appropriate to outright permit a use that is any greater than 100 feet. Permitting this use outright requires no public notice or an avenue for public comment, County staff wants to create zoning language that would still be conducive for Windmills that when necessary, can be above 100 feet. To accomplish this, the proposed code has language that systems above the 100 feet height limit must acquire an Administrative Approval permit. The Administrative Approval permit costs less than the Conditional Use Permit, has a shorter timeline and does not require the Hearing Examiner to conduct a hearing. However, it does require noticing the neighboring property owners and allows for public comment on the proposed project. This process will notify neighbors making them aware of the proposed development, and will allow neighboring property owners to comment on the proposal as they feel appropriate. A concern with SWES is their potential for creating unwanted noise, which may be considered a nuisance. Noise from a windmill would only be created when there is enough wind to engage a SWES. Most systems need at least 7 mph to engage, and when there is between 10-12 mph systems operate most efficiently (these figures vary by system). Wind itself creates noise as it passes through trees, bushes and any other physical obstruction. The noise that a windmill generates is no greater than the ambient noise that is already created by wind. To ensure that windmills do not become a nuisance for neighbors a sound measurement from all abutting property lines will be made to make certain that the sound levels do no exceed 55 dBa at any time. 55 dBa was chosen as the marker as it is a sound level that has been consistently used within other jurisdictions that have implemented regulation on windmills within their zoning code. Also the 50 dBa sound level is comparable to the sound of light traffic. The planning staff believes this is a safe level of noise that would not unduly burden neighboring property owners, but will still allow for windmills to operate effectively. 127 File # ZON2008-00006 September 11, 2008 Small Wind Energy Systems Staff Report, Page 4 Birds Table 3.1 Typical Environmental and Industry Sound Levels Source aid Gim, DIstince (ran A-Welghted Emirainran(al NoBe Subjecridty/ thatsource SaondLevelln Inipresslai Decibels WBA) Civil Defense Siren (TONAL; 1 d0-130 Pam Threshold let Takeodf.loo9 120 [BROADBAND and TONAL] 110 Rockl4irsicCancert Uery Lau) Pile Driver (509 [IMPULSIVE] 10) Ambulance Siren 11009 [TONAU 90 Boller Room Freight Cars (507 (BROADBAND and IMPULSIVQ Pneumatic Drift (501 Printing Press Loud (BROADBANDI e0 Kitchen w@h Garbage Disposal Running Frecxay(1001 70 [BROADBAND) Moden. tely Laud Vacuum Geaner (1009 60 Data Processing Center [BROADBAND and TONAL] Delvrmient 51ml0ifice Light Tndic (too') 50 Privare Business Office [BROADBANDI Qutet Large Trins(omxr(200') ITONALI 40 Soft Mt&per (5) .TO Quiet Bedroom 20 Recording Studfo 10 ThreshokloiHeadng 0 5-- Pecrwn. W Gus, 1974 Source: National Wind Coordinating Committee, "Permitting of Wind Energy Facilites" I http://www.nationalwind.org/publications/siting/permitting2O02. pdf The Audubon Society and Washington's Department of Fish and Wildlife are both supportive of windmill energy as long as there is adequate research done to appropriately site large scale wind farms. Early wind farms such as Altamont Pass in California did not adequately research the potential effects of their wind farm on bird population and ultimately did put the avian population of that region in danger. Setbacks The proposed chapter 20.14 establishes a setback requirement of: "...from the nearest property line a distance no less than 1.2 times the Tower Height, up to a maximum of Tower Height plus 20 feet, unless appropriate easements are secured from adjacent property owners..." When working with the renewable energy builders the setback requirements proposed were questioned as being unduly restrictive and promoted the fear of tower failure. Some felt that the requirements should be more similar to those of utility poles. PDS staff in the proposed text amendment added language that if agreements can be made with the neighboring property owners to agree to reduced setbacks than those would be approved by County staff. PDS staff in writing the setback language took into consideration reasons why we have the setbacks for SWES. Those considerations are potential tower failure, noise, and visual impacts all of which may be considered inconsistent by residents of a particular zone that has a SWES proposed to be developed. PDS staff has the responsibility to protect the interests of neighboring property owners and believes that 128 File # ZON2008-00006 Small Wind Energy Systems September 11, 2008 Staff Report, Page 5 the ability of an applicant to get permission from neighboring property owners to lower setbacks is an acceptable common ground. PDS can not treat SWES like a utility because they are inherently two different land uses. Utility poles are put within utility easements purchased from property owners by a utility company. That utility company is insured and if for some reason the utility pole does fail that company is insured and can compensate an individual for any losses. This is different than a private citizen installing a SEWS for their personal use. There is also the concern that if the original installer of the SWES moves from that home the next resident of the home may not put the same attention to maintenance of the SWES, potentially causing failure. Agency Comments City of Ferndale Whatcom County Planning and Development Services received a letter from the City of Ferndale's Community Development Director, Dennis D. Rhodes on August 26, 2008. The letter was in response to the issuance of the Determination of Non - Significance for this non -project action. The letter addressed the City of Ferndale's desire to include language in the proposed code prohibiting Small Wind Energy Systems (SWES) to be constructed or approved within an Urban Growth Area. The urban zones of Whatcom County were included in the proposed code language for two reasons. First, there are available wind systems which only are able to generate a few watts. Systems this size would be sufficient for powering a home owner's garden water pump or landscaped lighting. The conservative setback requirement in the proposed code would make installing a system that exceeds that particular zone's height limitation difficult, and a system larger than the underlying zoning's height limitation in some instances may inappropriate. Second, cellular communication facilities are already permitted within the urban zones of Whatcom County. Cellular towers and SWES are two similar land uses. The setback requirements for cellular communication facilities are less stringent then are those proposed SWES. There may be some parcels within the urban zones that would, even with the proposed setbacks, be suitable for a SWES. Washington Department of Fish and Wildlife (WDFW) A letter was received from WDFW on August 22, 2008 in response to the Community Trade and Economic Development 60 Day development regulation notice. Within this letter WDFW advocated for not allowing SWES greater than 100 feet and requested that any system above 100 feet be permitted as a Conditional Use, along with the requirement that all SWES must comply WDFW Wind Power Guidelines. The goal of the proposed code is to permit, in,a streamlined and cost efficient manner, SWES for on -site residential energy generation. The proposed requirements by WDFW would defeat the goals of this regulation. The guidelines would require additional cost and time for the applicant. PDS does not feel it is necessary for all SWES to meet what is outlined in WDFW Wind Power Guidelines. All building and land use permits require review by the County's Critical Areas team. If the Critical Areas team feels that if the proposed project is within a sensitive habitat then the individual project will require further review and study to ensure compliance with the Critical Areas Ordinance. 129 File # ZON2008-00006 September 11, 2008 Small Wind Energy Systems Staff Report, Page 6 Pursuant to Whatcom County Code (WCC 20.90.051(3)(a)), the County must find that the following criteria are satisfied in order to approve the proposed amendment. Comprehensive Plan Goals and Policies Utilities Chapter Goals & Policies: Goal 5H: Support cost-effective renewable energy projects and implement policies that promote renewable energy projects. Policy 5H-1: Review and revise existing and proposed regulations for consistency with renewable energy and the other goals in this chapter. Policy 5H-2: Encourage and support the development of renewable energy projects and technologies. Utilities Chapter Action Plan: 10. Adopt ordinances enabling and facilitating alternative sources of energy. The proposed text amendment would be consistent with the listed goals and polices of Chapter 5 — Utilities of the Comprehensive Plan. Adoption of the zoning text amendment would allow for a renewable energy source that is currently not permitted in Whatcom County. The proposed zoning amendment is not only within the goals and policies of the Comprehensive Plan but would also implement action plan strategies. GMA Goals The GMA contains the following goals: 10. Environment. Protect the environment and enhance the state's high quality of life, including air and water quality and the availability of water. Wind energy is an emission free renewable source of energy that would lessen the need for fossil fuel energy which would raise our quality of life as well as our air quality. IV. FINDINGS OF FACT AND REASONS FOR ACTION 1. Notice of the subject amendment was sent to the Department of Community, Trade and Economic Development (CTED) and other state agencies on July 21, 2008. 2. On August 19, 2008, the Whatcom County SEPA official gave the proposed zoning text amendment a Determination of Non -Significance (DNS). 3. Notice of the Planning Commission hearing for the subject text amendment was published in the Bellingham Herald on September 2, 2008. 4. Notice of the Planning Commission hearing for the subject text amendment was published on the County's website on September 3, 2008. 5. The Planning Commission held a public hearing relating to the subject amendment on September 11, 2008. 6. Goal 10, within the Growth Management Act is to "Protect the environment and enhance the state's high quality of life, including air and water quality and the availability of water." 130 File # ZON2008-00006 September 11, 2008 Small Wind Energy Systems Staff Report, Page 7 7. The Action Plan section of Chapter 5 of the Whatcom County Comprehensive Plan has the goal to "Adopt ordinances enabling and facilitating alternative sources of energy' 8. Whatcom County's zoning code as it stands has no provisions for Small Wind Energy Systems. 9. Whatcom County staff has worked with local renewable energy builders to create zoning language that takes in consideration the needs of future Small Wind Energy System developers, this process will result in the development of efficient SWES which will provide the most benefit to users. V. CONCLUSION The proposal meets all of the legal requirements as noted within the Findings of Fact and Reasons for Action. The proposed amendment is compatible with the Growth Management Act, Whatcom County Comprehensive Plan Goals and Policies, along with policies within Whatcom County's County Wide Planning Policies. Approval of this amendment is in the public interest. VI. RECOMMENDATION Staff recommends the Planning Commission vote to recommend approval to the Whatcom County Council for the following zoning text amendment which would permit small wind energy systems throughout unincorporated Whatcom County. ATTACHMENTS: Exhibit A — Proposed Code Amendment Exhibit B — WDFW Letter Exhibit C — Audubon Society's position on Wind Energy Exhibit D — Wind Turbine Buyers Guide 131 File # ZON2008-00006 September 11, 2008 Small Wind Energy Systems Staff Report, Page 8 Exhibit A 20.68 Heavy Impact Industrial (HII) .060 Stationary thermal power plants with generating capacity of less than 250,000 kilowatts, floating thermal power plants with generating capacity of less than 50.,000 kilowatts, and other power plants utilizing renewable resources from solar, wind (WCC 20.14) or water sources. Definitions 20.97 20.97.235 Meteorological Tower (MET Tower) A structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. 20.97.434.1 Small Wind Energy ystem (SWES) A wind energy conversion system, with a rated output up to and100 kW, consisting of wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware. 20.97.435.1 Tower Height The distance measured from the rgrade plane (WCC 20.97.162) to the hub height of the wind turbine. This structure may be freestanding, guyed, or a monopole. 20.97.435.4.2 Trailheads 20.97.435.23 Trails 20.87.455.1 Wind Energy System (WES) A wind enerzv conversion system, consisting of: wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware. 20.97.455.2 Wind Turbine The parts of the wind system including the blades, generator and tail. Chapter 20.14 Wind Energy Systems Sections 20.14.010 Purpose 20.14.020 Definitions 20.14.030 Applicability 20.14.040 Regulatory Framework 20.14.050 General Requirements 20.14.060 Sound Levels and Measurement 20.14.070 Safety 20.14.080 Federal and State Requirements 132 File # ZON2008-00006 September 11, 2008 Small Wind Energy Systems Staff Report, Page 9 20.14.010 PURPOSE The purpose of the Ordinance is to facilitate the installation and construction of wind energy systems in Whatcom County for private landowners, subject to reasonable restrictions. 20.14.020 DEFINITIONS As used in this Ordinance, the following terms shall have the meanings indicated: County shall mean Whatcom Countygovernment. FAA shall mean the Federal Aviation Administration. MET Tower or "Meteorological tower" - a structure designed to support the gathering of wind energy resource data , and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. Small Wind Energy System (SWES) - A wind energy conversion system, with a rated output up to and including 100 kW, consisting of. wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware. Tower Height - The distance measured from the grade plane (WCC 20.97.162) to the hub height of the wind turbine. This structure may be freestanding` guyed, or a monopole. Wind Turbine - The parts of the wind system including the blades, generator and tail. Wind Energy System (WES) - A wind energy conversion system, consisting of. wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware. 20.14.030 APPLICABILITY The requirements set forth in this Ordinance shall govern the siting of wind energy systems used to generate mechanical or electrical energy to perform work, and which may be connected to the utility grid pursuant to the Revised Code of Washington, Chapter 80.60, Net Metering of Electricity, serve as an independent source of energy, or serve as part of a hybrid The requirements of this Ordinance shall apply to all Wind Energy Systems (WES) proposed after the effective date of this Ordinance. Any WES for which a required permit has been properly issued prior to the effective date of this Ordinance shall not be required to meet the requirements of this Ordinance; provided, however, that any_such pre-existing WES that is not producing energy for a continuous period of twelve (12) months shall meet the requirements of this Ordinance prior to recommencing production of energy. No modification that increases the height of the system or significantly increases its output shall be allowed without full compliance with this Ordinance. 20.14.040 REGULATORY FRAMEWORK .041 PERMITS AND ZONING 133 File # ZON2008-00006 September 11, 2008 Small Wind Energy Systems Staff Report, Page 10 System Type Re uired Permit Zones MET Tower Outright permitted All — for up to 24 months One SWES Outright permitted All WES with a rated output of Administrative permit Rural, AG, CF, RF, HII 101 kW up to and including 500 kW Multiple SWES per parcel Administrative permit All with a cumulative rated output of includingand nd up to 100 kW. WES greater than 500 kW Conditional Use Permit AG, CF, RF, HII Multiple WES per parcel with Conditional Use Permit AG, CF, RF, HII a cumulative rated above 100 kW 1 —WES and MET towers are required to be in compliance with but not limited to Whatcom County Code Title 15 Buildings and Construction and acquire the necessary building permit. 2 — Administrative Permit WCC 20.84.235 3 - Conditional Use Permit WCC 20.84.200 .042 PRINCIPAL OR ACCESSORY USE A WES may be considered either principal or accessory use. A different existine use or an existing structure on the same lot shall not preclude the installation of a WES or a part of such facility on such lot. Any WES that is constructed and installed in accordance with the provisions of this Ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure. 20.14.050 GENERAL REQUIREMENTS FOR WIND ENERGY SYSTEMS .051 VISUAL APPEARANCE; LIGHTING; POWER LINES Wind Turbines shall be painted a non -reflective, non -obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the community, unless FAA standards require otherwise. The zoning administrator may require a photo of a WES, of the same model as that proposed in the landowner's application, adjacent to a building or some other object illustrating scale (e.g., manufacturer's photo). 2) At WES sites, the design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the WES to the natural setting and the existing environment. 3) No WES shall be artificially lighted, except to the extent required by the FAA or other applicable authority. 4) No WES shall be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind turbine. 5) Electrical controls, control wiring and power lines shall be wireless or underground, except where WES wiring is brought together for connection to the transmission or distribution network adjacent to that network. 134 File # ZON2008-00006 September 11, 2008 Small Wind Energy Systems Staff Report, Page 11 .052 SETBACKS AND HEIGHT LIMITS The following setback requirements shall apply to all WES and MET Towers: 1) If the system does not exceed the height limitation of the zone in which it is proposed, it is exempt from the setback requirements of this ordinance, provided that all parts of the system meet the setback requirements of the underlying zone (WCC 20.80.200). Except within the Ag, CF and RF zones. 2) The tower height of a WES shall not exceed 100 feet, or the maximum allowed by zonin whichever is greater. MET Towers cannot exceed a maximum height of 100 feet except in the Agricultural, Rural Forestry and Commercial Forestry zones. Wind energy systems with towers taller than 100 feet must obtain an Administrative Permit, except within the AG. CF and RF zones. a). All systems greater than 100 feet must provide in writing that the height requested is the minimum height necessary for the WES to operate efficiently, and demonstrate the need for the system to be 30 feet above any obstruction within 500 feet. 3) Property lines: Each tower shall be set back from the nearest property line a distance no less than 1.2 times its Tower Height, up to a maximum of Tower Height plus 20 feet, unless appropriate easements are secured from adjacent property owners, or other acceptable mitigation is approved by the Zoning Administrator or Hearing Examiner. 4) Communication and electrical lines: Each WES shall be set back from the nearest above- ground public or private non -participating utility a distance no less than 1.2 times its Tower Height,up to a maximum of Tower Height plus 20 feet, determined from the existing power line or telephone line. 20.14.060 SOUND LEVELS AND MEASUREMENT Audible sound due to WES operations shall not exceed fifty five (55) dBA for any period of time, when measured at the property line of any abutting property containing an occupied building on the date of approval of any WES Siting Permit. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms. 20.14.070 SAFETY 1) The blade tip of any Wind Turbine shall, at its lowest point, have ground clearance of no less than fifteen (15) feet, as measured at the lowest point of the arc of the blades. 2) Wind Turbine towers shall not provide step bolts or a ladder readily accessible to the public and shall be a minimum height of 10 feet above ground level. 3) All electrical equipment shall be safely and appropriately enclosed from unintentional access by means such as barrier fencing, equipment cabinetry or similar. All access doors to Wind Turbine towers and electrical equipment shall remain locked until access is necessary. 4) Appropriate warning signage (e.g., electrical hazards) shall be placed on Wind Turbine towers, electrical equipment, and WES. 5) All WES shall be equipped with overspeed controls to limit rotation of blades to a speed. below the designed limits of the system. A licensed professional engineer shall certify that the rotor and overspeed control design conforms to good engineeringpractices. No changes or alterations from the certified design shall be permitted unless accompanied by a licensed professional engineer's statement of certification. 135 File # ZON2008-00006 September 11, 2008 Small Wind Energy Systems Staff Report, Page 12 6) Any WES found to be unsafe by the building official shall be repaired by the landowner to meet federal, state and local safety standards or removed within 3 months. 20.14.080 FEDERAL, STATE AND LOCAL REQUIREMENTS 1) WES shall comply with all current adopted Whatcom County Codes & Ordinances, including but not limited to Whatcom County Code, Title 15, Title 16, and Title 23. 2) WES must comply with regulations of the Federal Aviation Administration (FAA), along with requirements within WCC 20.80.675 "Height Limitations Surrounding Airports". a) If necessary an pplicant maybe required to submit the following information for analysis of airspace obstructions in relation to WCC 20.80.675: Mean Sea Level (MSL) of adjacent airports, (MSL) of proposed site, Euclidean distance from adjacent airports to proposed site, total elevation of (WES) and structure. 3) All WES electrical systems shall comply with requirements per the Washington State Department of Labor & Industries and the current adopted edition of the National Electrical Code (NEC). 4) All WES with the intention to tie to their respective utility provider's grid system, shall meet the requirements of Chapter 80.60 of the Revised Code of Washington, Net Metering_of Electricity. 136 File # ZON2008-00006 September 11, 2008 Small Wind Energy Systems Staff Report, Page 13 State of Washington DEPARTMENT OF FISH AND WILDUFE Mailing Addmss: 600 Capitol Way N - Qlympia, WA 995o1-lost • (360) 00212' fl, TOD (MO) 002-2207 Main Office Location: Natural Resources 80ding - t 111 Washington Street SE- Olympia. WA Au$ust 25, 2003 A Message from the Director: I am pleased to report that after careful analysis and constructive negotiations with the wind power pr6potient6, tha Department leas developed Wind Power Guidelines that achisve ways to rrconcile wpport for renewable wind power projects with the need to protect wildlife and the Staten's habitat. Thcac Wind. Power Ouidolinos include innovative provisions that not only protect our native habitats, but also greatly improve habitat value with mitigation expenditures. There is currently little operational experience with wind projocts in Waahington State!, and these Wind Power Guidelines are designed to add important studies and operational knowlecige to our understanding of how to site, desiLm, quid operate wind projects to avoid and nnitlinuze impacts. These Wind Pawur Cluidclincs, wluch will be used by line Department to shape its cotiuucnts on wind power projects through the State Environmental Policy Act process, are divided into the following three sections_ 1) 1}line fin¢ Monitoring Studies for Wind .Projects: calls for pre -project asbessnxnts of wind power sites with the goal of avoiding and .minimizing bird and bat mortality from turbine stnkeas; operational .monitoring; and a Technical .Advisory Committee (TAC) to evaluate impacts and determine if additional measwes are needed to address unexpected impacts. 2) Wind Pmj=t Habitat Mitigation (conventional). Steers wind projects toward Cropland and developed areas and away from undeveloped native habitat; provides ratios for replacement habitat. as mitigation r(w temporary and permanent wind project impacts; adheres to the principle of no loss of habitat functions and values. 3) Wind Project Alternatives Habitat Mitigation Pilot Progmnt: creates an innovative option for wind developers (as an a]temaiivetn #2) to streamlines the mitigation process and ensure that mitigation dollars arc spent on acquiring, rcatoring, and managing 3tratcgioblly importdtlt habitat in central and eastern Washington, where most wind projects are seined. The Alternative Mitigation Prop= is designed to use public funds for acquisition of tho highost value habitat with annual payments from wind developers for stewardship of these lands, Sizatly increasing die value of mitigation cxpcndiW= V44-via conventional on -site mitigation. These Guidelines will be re-evaluated after five years and adaptively altered as needed. They provide wind project 491icants with clarity and streamlined processes, require mitigation to not: reduce our native wildlife and their habitats, and pmvick an option to partner with WDFW to protect and improve sottite ot7 washington's most unwrtant naive habitats, Thank y9wf&—y—d1K o orts jp preserve Washington State's rich wildtifs heritage, ' Jcff ozrnin . Ph. . 137 File # ZON2008-00006 September 11, 2008 Small Wind Energy Systems Staff Report, Page 14 Exhibit C Audubon's Position on Wind Power Summary: Audubon strongly supports properly -sited wind power as a clean alternative energy source that reduces the threat of global warming. Wind power facilities should be planned, sited and operated to minimize negative impacts on bird and wildlife populations. Rationale: The Intergovernmental Panel on Climate Change (IPCC) has clearly stated that the impacts of climate change are here now and will get worse.f 1.1 Scientists have found that climate change has already affected half of the world's wild species' breeding, distribution, abundance and survival rates.f 21 By mid-century, the IPCC predicts that climate change may contribute to the extinction of 20-30 percent of all species on earth. In order to prevent species extinctions and other catastrophic impacts of climate change, scientists say we must reduce global warming emissions by at least 80 percent by 2050. Reducing pollution from fossil fuels to this degree will require rapidly expanding energy and fuel efficiency, renewable energy and alternative fuels, and changes in land use, agriculture, and transportation. To avoid catastrophe, we need to do all of these. Wind power is an important part of the strategy to combat global warming. Wind power is currently the most economically competitive form of renewable energy. It provides nearly 15,000 megawatts of power in the United States, enough power for more than 3 million households, and could provide up to 20 percent of the country's electricity needs. Every megawatt -hour produced by wind energy avoids an average of 1,220 pounds of carbon dioxide emissions. If the United States obtains 20 percent of its electricity from wind power by 2020, it will reduce global warming emissions equivalent to taking 71 million cars off the road or planting 104 million acres of trees. Expanding wind power instead of fossil fuels also avoids the wildlife and human health impacts of oil and gas drilling, coal mining and fossil fuel burning. Protecting Birds and Wildlife: While Audubon strongly supports wind power and recognizes it will not be without some impact, production and transmission facilities must be planned, sited and operated in concert with other actions needed to minimize and mitigate their impacts on birds and other wildlife populations. Several federal and state laws require this and the long-term sustainability of the wind industry depends on it. Wind power facilities impact birds from direct collisions with turbines and related facilities, such as power lines. Wind power facilities can also degrade or destroy habitat, cause disturbance and displacement, and disrupt important ecological links. These impacts can be avoided or significantly reduced, however, with proper siting, operation and mitigation. Audubon supports the adoption of federal and state guidelines on the study, siting, operation and mitigation of wind power. Guidelines should provide developers, permitting agencies and conservation groups with the legal, technical and practical steps needed to minimize impacts on birds and other wildlife. Guidelines should provide the following essential elements: • Minimum pre -permitting study requirements and guidance on study methods, frequency and acceptable data sources to ensure that wind power is sited in appropriate locations 138 File # ZON2008-00006 September 11, 2008 Small Wind Energy Systems Staff Report, Page 15 Clearly delineated siting criteria that designate areas where wind power should not be allowed, such as Important Bird Areas, major migratory corridors, wilderness areas, national parks, wildlife refuges, and other sensitive habitat such as wetlands and riparian corridors Clearly defined monitoring and mitigation requirements in permits, with periodic reviews and requirements for adaptive management if impacts significantly exceed levels allowed by permit Guidance on cumulative population impacts assessment and mitigation. Audubon also encourages wind developers and permitting agencies to consult with wildlife experts, including Audubon staff and local chapters, to help inform study and siting decisions. To view existing state guidelines, see: hiip://www.fishwildlife.org/agency science Siting_wind.html. [1] Climate Change 2007. Impacts, Adaptation and Vulnerability, published on April 6, 2007 by the Intergovernmental Panel on Climate Change at http://www.ipcc.ch. People from over 130 countries contributed to the IPCC Fourth Assessment Report over the previous 6 years. These people included more than 2500 scientific expert reviewers, more than 800 contributing authors, and more than 450 lead authors. [2] Camille Parmesan and Gary Yohe, University of Texas at Austin, as cited in Audubon November -December 2007. 139 File # ZON2008-00006 Small Wind Energy Systems September 11, 2008 Staff Report, Page 16 Exhibit D Wind Turbine Buyer's Guide By: Mick Sagrillo and Ian Woofenden Homepower Magazine — June/July 2007 140 ik'vl Ion, "g, WR T' —'x 411 ZY. Rd. z". "jv M Ll FIX. nom iv e power 1-19 1june ify 2007 34. •'Small wind," in our definition, starts with turbines h rotors (turbine blades and hub) that are about 8.feet m nae r-..(50 square feet. of sw6t.area).' These turbines may -TI k,at=about 1,000. tts;(1 kilowa#t;:KW), and generafe about ctloWatt hours K4yI3 , er..month with a J. m p have"ra e„ d' 4 P.:.., �..: g or";oth :;applii atif iis; "t,:.regi 6 ly amount of energy, you; need a rgfor. with si i icani swept d r azea it is after ail; the-"id:tuibiiie's :'•collectdr:" On the gther`end of ;the " s);nall`wind" scale,`xt's rea§oriable td: include turbines.with rotors:.up to 56 feet in diameter '? 2 •00 s uare feet of swept area These turbines may eak at `,about:90,000 watts O0 KW), and 'generate 3,000 to 5,000 KWII per•month at a 10.mph average wind speed, Turbines of this scale =:. are appropriate for v.,ery large homes,'farms, small businesses, schools, or institutions thaYuse a lot of electricity; or for heating . appl cations, AR age.power;;and gthe'r iriajjor energy. uses, In between 8. feet acid-`56 feet •are variou's-•sizes of f irbines. ��tliat€;can,.accomrilodatea.��ri�tyrQf,:ener.yagpettes..If's_.:= `'; htkie`tiirbiie's'outptt tgyQiz'iiexgy iieeda a wind -electric s st ` g.: X. eI??;1': quite, different. ztlian _: . solar electric (I?j7) system,: 4t?ita PV system space . Zg,:you°caii add Capacity eith""e's,your;needs grow, u Can afford i tir With a wni�d electric 9 stem, thus is of the case A v3ind tuxbirt is riot'.ixxcremenU,it Nor Many machines The world is full of small wind generators. Chinese manufacturing numbers dwarf U.S. production, and European companies make dozens of models as well. This article covers home -scale wind generators, either manufactured or imported, that are supported in North America. The turbines profiled are readily available to buyers in the United States and Canada. And service, parts, and support are also available, either directly through the manufacturers, or through dedicated importers. Other machines have been imported into North America in limited numbers, by individual owners or companies. Some of these may end up having long-term support from North American importers. Others may not. We suggest that you approach buying these machines with caution. If you're patient and willing to take a bit of risk, you may want to try one of these. You might end up with a real winner, or you may be stuck waiting for parts or a response from a distant manufacturer. ca gy requximexlts, .... Y.,. generators come and go. We do not Home scale wind know enough about the quality of the equipment nor zrraponerrs the responsiveness of the manufacturers listed below to erator or::;,tttlie • xao } .vo:efitot orient .< �'s'AT. make any firm recommendations. Our non exhaustive .. r.b.f is'_ :. :_. fr-ic :SystPin;an e�Ly t :toi a eri>tl1e- >:;> list of other turbines we know about in North America r ..::: • ; :_'.--r.=:.:_: ci>m nt:dtClpf>tYt;'ieessat includes: %l ave it furiet gri ]='.s s ri 'Mari'-aYiead-to;buy . :. Aircon—a German machine with a 23 foot diameter rotor .;. ; rients properly xrtatfydkoacfi tither artd to �; Energie PGE from Canada, 36-foot-diameter rotor e ',ncoir(plef�tiW}dlagriGsyS�tem mcludeS v� j j Iskrawind—a UK machine with an 18-foot-diameter rotor • Tulipo—a Dutch machine with a 16-foot-diameter rotor • Various other machines, including Aeromax Lakota, Air-O-Power, Anhua, Exmok, E-Mark, Gryphon, Trillium, and Cyclone Other machines are under development. It's very hard to predict what will actually come to market, and how they will perform. A few look promising to us. One is a new induction generator design from Earth Turbines, a new company founded by David Blittersdorf of NRG Systems, which has long experience in wind monitoring. Another is the Endurance, developed by an engineering team in Utah, and also using an induction design, Apply standard cautions if considering these or any other new turbine —there's nothing like a real -world track record! lop -era -ion k1Ib1F•Vl!iii701fle' 01 wind turbines Rbundant RenewabLe Energy Manufacturer: 503-538-8298 • www.abundantre.com ARE 110 Rotor diameter: 11.8 feet (3.6 m) Swept area: 110 square feet (10.2 mZ) F Rated rpm: 340 Predicted energy output at average wind �ieds::135.1<WH per month at 8 mph; 262 at 10 mph; 420 at 12hJApplication: Batteryless grid -tie or 48 VDCttry charging / Price (MSRP): $11,500 for ARE 110 wind turbine, & t A W'ndy Boy inverter, voltage clamp, and resistor load; $8,870 for 48 VDC turbine, charge controller, and diversion load Warranty: 5 years ARE �'" .... 'Rated gym, 140 Pre, dictedenorgYoutputat-averagevwnd speeds: 623 KWH per rrrattth_aii 8 mphi 1',171 at 10 mph, 1,834 at 12 mph Application: Batteryless grid -tie; batte charging system under 'development Price (MSRP): $36,000 for turbine, two SIMA Windy Boy 6000U inverters, voltage clamp, and resistor Idads Warranty: 5 years 5'•CGh��ii Bergey Windpocuer Manufacturer: 405-364-4212 • www.bergey.com Bergey XL.1 Rotor diameter: 8.2 feet (2.5 m) Swept area: 53 square feet (4.9 m2) Rated rpm: 450 Predicted energy output at average wind speeds •5`9'It-WH.per month at 8 mph; 115 at 10 mph; 188 at 12 mph Application: 24 VDC battery charging , Price (MSRP): $2,590 without controller or inverter Warranty: 5 years Bergey Excel Rotor diameter: 23 feet (7 m) Swept area: 415 square feet (38.6 m2) -- Rated rpm: 300 Predicted energy output at aver Qsvyiil'.dspee lls{. a fQr. charging/batteryless grid tie) 40/340,-iKW.j,, 10mQ'hmph; 520/680 at 10 mph 90 1 ' Application: Batteryless gri tie' 48, {2Q4q ADC batery charging Price (MSRP): $22,900 for.VVC XL R; 48 �/D�; $1,9.06 forB(I)IC XL-R, 120 or 240 VDC; $2t900 for 13WC XL-S, 240 VAC, with inverter Warranty: 5 years \ Eol#ec 6 M wind turbines Prouen Energy Importers: Lake Michigan Wind & Sun • 920-743-0456 • www.windandsun.com Solar Wind Works • 877-682-4503 • www.solarwindworks.com Proven WT 0.6 Rotor diameter: 8.4 feet (2.6 Swept area: 55 square feet (5.::rTi2'., ... w' Rated rpm: 500 Predicted energy output at avers wii�' ' peeds: 42 KWH per month at 8 mph; 83 at 10 mph; 124 at 12 mph Application: Batteryless grid -tie; 12, 24, 48 VDC battery charging Price (MSRP): $4,870 without controller or inverter Warranty: 2 years; extended warranty available Proven WT 2.5 Rotor diameter: 11.1 feet (3.4 m) Swept area: 97 square feet (9 mZ) \ Rated rpm: 300 Predicted energy output at average wind sp ed''s: 167 KWH per month at 8 mph; 293 at 10 mph; 417 at 12 m h Application: Batteryless grid -tie; 24, 48 VDC b tte ---charging' i.Price (MSRP): $9,650 without controller or inve 06 Warranty: 2 years; extended warranty available Prove Rotor diamete?:\18._feetmzim) Swept area: 254 sq�arefeet-{-2'3 mZ) Rated rpm: 200 Predicted energy output at average wind speeds: 417 KWH per month at 8 mph; 667 at 10 mph 1,083 at 12 mph Application: Batter lessgrid- (_-of'rging Price (MSRP): $20,500 wi out contrdlr;et inverter Warranty: 2 yeaerl rs; ex ended warranf!aVYaiu)e- ' ,i ,,. . Proven WT 15 Rotor diameter: 9'546et;(%rn) Swept area: 6 °:st{uare,feef:{6$:5 m?j' Rated rpm: 15 Predicted en Ygy'output at average wirrd:speeds: 777 KWH per month at 8 m h; 1;451 at 10 mph; 3,080 at 12 mph Application: 'atteryless,grid-tie or 48 VDC battery charging Price (MSRP): $$:9 340 without controller or:.'rnvertef .. Warranty: 2 y ars extended' warranty avaitable Whisper 100 S r r Whisper 200 rrpy, � i '' WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-348 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: on nator:_ SM 9125108 -� ;� 11� � ,J October 7, 2008 Council Division Head: _ 3 V Li1thy' // JN +xt Dept. Head: UVHAI-COM COUNTY Prosecutor: COUNCIL Purcha# /Bud et: Executive. - TITLE OF DOCUMENT: Appointment to the Purchase of Development Rights Oversight Committee. ATTACHMENTS: Application of Paul Schissler SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) 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.) County Executive Pete Kremen requests confirmation of his appointment of Paul Schissler to the Purchase of Development Rights Oversight Committee. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www co. whatcom. wa. us/council MV PETE KREMEN County Executive COUNCILMEMBERS: Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Robert Kelly L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee: Purchase of Development Rights Oversight Committee Which position on this board are you applying for (if applicable)? Individual with real estate experience Which Council district do you reside in? (✓ ) One Are you a US citizen? (✓ ) yes ( ) no Name: Paul Schissler Street Address: 714 Wilson Avenue City: Bellingham Mailing Address (if different from street address): Day Telephone: 360.201.8900 ( ) Two ( ) Three Are you a registered voter? (✓ ) yes ( ) no Date: September 14, 2008 Zip Code: 98225 Evening Telephone: 360.201.8900 Fax Number: 360.676.6222 E-mail address: PaulSchissler@gmail.com Occupation (If retired, please indicate former occupation): planner, real estate developer Professional/Community Activities: Actively involved in civic affairs including real estate acquisition and development, land use, planning, conservation and housing affordability Education: B.S. Cum Laude Environmental Planning and Design, WWU Huxley College '82 Qualifications related to position: Served on the PDR Advisory Committee that designed the PDR program. Currently working full-time on real estate acquisition, protection and development. Describe why you are interested in serving on this board or commission: Farmland protection for the ag economy is one of Whatcom County's most important issues. I would like to offer my extensive years of local experience to help implement the PDR program. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? (✓ ) yes ( ) no If yes, please explain: Occasional small contracts with the county, unrelated to PDRs. References (please include name and daytime telephone number): Pete Kremen, 676.6717; Rod Erickson, PDR Oversight Committee Chair, 384, 3363; Seth Fleetwood, 671-3299 Signature of applican : �(��- As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 149