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HomeMy WebLinkAboutPublic Works January 28 20141r?] 20 30 40 5P1 60 7P] 8M 91a 10F?1 11M 120 13P] 14M 150 161a 171N 180 19r?] 20P] 210 22P] 23M 240 25M 261] 270 281N 29M 30P] 311] 320 33P] 341N 350 36M 371?1 380 39M 40M 41M 42M 43M 440 45M 461] 470 48M 491] 500 51M 521] WHATCOM COUNTY COUNCIL Public Works, Health, and Safety Committee January 28, 2014 CALL TO ORDER Committee Chair Barbara Brenner called the meeting to order at 1:30 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL (1 :34 :46 PM) Present: Barbara Brenner, Ken Mann and Pete Kremen. Absent: None. Also Present: Barry Buchanan, Rud Browne and Carl Weimer. SPECIAL ORDER OF BUSINESS 1. NOMINATION AND APPOINTMENT OF COMMITTEE CHAIR (AB2014 -021) Mann moved to appoint Brenner. The motion carried by the following vote: Ayes: Brenner, Mann and Kremen (3) Nays: None (0) COMMITTEE DISCUSSION 1. DISCUSSION OF PROPOSED AMENDMENTS TO WHATCOM COUNTY'S SEPTIC SYSTEM RULES RELATED TO APPROVED SEPTIC DESIGN AND EXPIRATION ISSUES (AB2014 -061) (1 :35 :37 PM) Brenner stated a citizen who lives on the reservation got a septic system design approved by Whatcom County, but the Lummi Sewer District said they were going to install a sewer in his area. After five years, Lummi Sewer decided not to install sewer in his area. The citizen's septic design with Whatcom County expired, but the design is still valid. Make a code amendment to extend the expiration date if a third party jurisdiction prevents someone from meeting the timeframe in a situation that would have otherwise been approved. Create a smaller fee for someone in that situation, if the design is still an approved design. John Wolpers, Health Department, stated regulations allow permits, once issued, to extend for three years. After the third year, there is a one -year renewal. The Council has asked staff to cover costs when looking at sites. Staff would have to go back to the site. He doesn't know if anything has changed on the site since 2007. He doesn't know whether or not the design is still satisfactory. P1 Public Works, Health, and Safety Committee, 1/28/2014, Page 1 1E Brenner stated this motion isn't for this citizen. The motion is specifically to the 20 issue. The citizen told her the design is still valid. 30 41M Mann stated he understands the frustration regarding that specific scenario, but they 5M can't write an ordinance for every thing that another jurisdiction will do. The challenge is 60 trying to craft language into an ordinance that covers this specific situation. He is worried 7M about how to write, enforce, and define this exception. This has only ever happened once, 8M and it's not the fault of Whatcom County. This situation doesn't rise to the level of 91a something for which they need to change the law. 10r?] 11m Brenner stated it may never happen again, but they could tweak the code. 12F?] 13E Browne stated it's a tough situation, but the County didn't make a commitment that 140 it later reneged on. He is reluctant for Whatcom County to compensate third parties for a 15M breach of a commitment that Whatcom County didn't make. Even charging a nominal fee is 16M a form of compensation. The County is accepting partial payment. 170 18M Brenner stated cover the cost, but the cost is significantly less if they don't start 19M from the beginning of the process. 200 21M Mann stated he would like Councilmember Brenner to write specific language that 22M she wants put into law, so they have something specific to look at. He can't guarantee he'll 230 vote for it. He agrees with Councilmember Browne. It's a too - tricky situation. 24F?1 25M Brenner asked if the Health Department would advise someone to not put in a septic 260 system if another jurisdiction is putting in sewer. Wolpers stated a home owner chooses 27M whether or not to install their septic system. He would notify the applicant that their permit 28E is valid for three years, with a one year renewal option. 290 30M Kremen stated Whatcom County has no jurisdiction over what a third party does. He 310 understands Councilmember Brenner's desire to make someone whole, but the County can't 32M be in a position to compensate someone for an injury from another party. It might even 33M considered a gift of public funds, which is not allowable. The citizen's situation is unfair, but 340 it's not appropriate for the County to pass a law that would provide some sort of 35M compensation for an individual. It's hard to break this down into something generic when 36M it's only pertinent to one specific individual. 370 38M Brenner stated the design is still a credible design. The application is one- size -fits- 39M all. When going through the application process, and the design has already been through 400 the process once, it's not as big a deal as having to do a regular application. It would be a 41M lot less work. Charge the cost to the County, but don't go back to square one of the 42M process. 43(] 44M Jack Louws, County Executive, stated he understands the concern for the citizen in 4517 this instance. Ultimately, the County hasn't wronged anyone in this situation. The permit 460 allows four years to install a septic system. It is not good business practice for the County 47M to do anything beyond what is already in code without making sure the design is still 4817 applicable to regular code and without having the County do an inspection after four years. 490 A building permit applicant doesn't get four years before starting a project. Although the 50M situation is unfortunate, it's not beneficial for Whatcom County to spend more time trying to 51M develop language that is so minutely specific to this situation. The Council should not 52M choose to ask the staff to write code that the majority of the Council won't support. He 53M encourages the committee to be sympathetic, but leave things alone at this particular time. Public Works, Health, and Safety Committee, 1/28/2014, Page 2 p 1E They can bring it up for further discussion if they address this section of the code in a bigger 20 way. 30 4M Brenner stated the Council has more obligation than to fix a wrong that the County 5M did. People count on the Council to protect their rights. The Lummi Nation isn't going to 611 protect their rights. The owner checked with his designer, and the design is still valid. 7 P 8M Browne stated he agrees with Executive Louws. The applicant made an economic 91a decision to cease going forward with his septic system to connect to a sewer system. It was 101M an economic decision of the owner. The County can't protect the owner from that decision. 11r?] 121a Brenner stated most people made the decision based on the law, not on economics. 131M It's more of a legal situation than an economic situation. The owner probably would have 140 preferred a septic system, but didn't have a choice. The County owes people to go the 15M extra mile. 16F?1 170 Kyle Dodd, Health Department, stated this citizen was down to the last week when 18M choosing between starting to install the septic system or risk letting that permit expire to 19M wait for the sewer extension from Lummi Sewer. All staff can do is inform what the County 200 can do if the permit should expire, and then let the citizen make a decision. In this case, 21M the citizen chose not to install the septic system. Luckily, the Tribe came through with the 22M extension down Salt Spring Drive. 230 24M 2. UPDATE FROM MIKE MCKENZIE, LUMMI ISLAND FERRY ADVISORY 25M COMMITTEE (AB2014 -063) (1:57:15 PM) 260 27F?1 Mike McKenzie, Lummi Island Ferry Advisory Committee, referenced information he 28M submitted earlier (on file). There is no specific process by which the Advisory Committee 290 and County communicate. The advisory committee would like specific direction from the 30M Council. Certain positive ferry - related communication has happened recently with issues 310 that include electronic ticketing online, new wing walls, fixing flooding at Gooseberry Point, 32M the parking lot situation on Lummi Island, moving the administration of special needs fares, 33M and disabled parking at Gooseberry Point. Communication back and forth helps everything. 340 He recently got to talk with Public Works staff James Lee, who will work with Advisory 35M Committee requests. Today he asks for a clear communication process. The issue about 36M handling bank fees for charge cards wasn't brought to the Advisory Committee. 370 38M Brenner stated they talked about charging a fee, but there were reasons that would 39M have cost the County more than it was worth for the first six months. It's a temporary, trial 400 run. The credit card fee at the County was easy. That's the reason for the difference. 41F?] 42M McKenzie stated his point is that there was no communication with the Advisory 430 Committee about the issue. 44F?] 4517 Brenner stated the Council isn't administrative. It can't force the Public Works staff 460 to do anything. It's up the administration of the Executive. She thought they solved this 47M last time it was discussed. 481a 490 Mann stated he supports a resolution that is clear the Council wants issues routed 50M through the Lummi Island Ferry Advisory Committee (LIFAC) instead of having them come 511a to the Council first. 52F71 53M Brenner stated there's no force of law with a resolution. Public Works, Health, and Safety Committee, 1/28/2014, Page 3 P1 1r?] 20 Kremen stated the reason the Council discussed the credit card fee was due to time 3M constraints. Staff wanted to implement it in January. The Council debated the fee and 4M whether or not the County should charge the fee. It would not have been cost - effective or 5M easy to implement for the trial run, and there was a deadline that would not have afforded 60 staff the opportunity to take the issue to the Advisory Committee for feedback and a 71M recommendation. 8P1 91a Jack Louws, County Executive, stated that is correct. The staff are trying to develop 101M timelines for implementation of Task Force recommendations. Public Works is trying to 11M integrate with LIFAC, but some things were already in progress and have moved forward 121a without LIFAC review. He asked who is the Council's representative to the LIFAC. 13PI 140 Kremen stated former Councilmember Kershner volunteered to be that person. It 15M should be a councilmember from District 3. Louws stated the administration would 16M appreciate having a councilmember who can liaison among the Advisory Committee, 17M Council, and Administration. Two years ago, the administration sent an issue to the LIFAC 18M regarding the 55/45 fare split. The LIFAC still hasn't made a recommendation. The 19M administration needs the Council to help LIFAC make decisions. The administration needs 20M responsive decisions from LIFAC so the administration can continue implementation. The 21M administration requests that the Council get involved in the relationship and be responsive 22M to its committee. 230 24M Brenner stated requests for information between the LIFAC and the administration is 25M up to the administration, not the Council. Louws stated that he makes sure a staff person 260 attends all the meetings of the committees for which he is responsible. If the Council 27M creates a committee, it is the Council's responsibility to have representation at those 28E meetings, so they can work on the Council's behalf. 290 30M Brenner stated the County has a separation of powers. This involves both the 31M administration and the Council. It will be frustrating without Public Works staff involvement 32M if that's what the committee needs. It's been very helpful when Public Works staff has 33M attended. They're two separate issues. Allowing Public Works staff to attend comes from 340 the Executive. It's up to the Council if councilmembers attend. 35P] 36M Kremen stated he appreciates the work and concern that the LIFAC members 370 contribute so the county can have a more cohesive and effective ferry service to Lummi 38M Island. It's appropriate for a member of the Council, or an alternate, to attend the LIFAC 39M meetings. It would also be beneficial for Public Work ferry staff to attend as a resource for 400 the LIFAC and be a conduit to the administration and Council after the meetings. Members 41M of the Council and the Public Works Department staff should attend the monthly meetings. 421?1 430 James Lee, Public Works Department, stated the Public Works Director recently 44M asked him to take on the role of Interim Ferry Program Manager. He is getting up to speed 451a on the issues. Regarding credit card fees, they are not charging the service fees on the 460 single ride fares from Gooseberry Point to Lummi Island. The fees change based on the 47M type of credit card. There's not time to process all those calculations on the five - minute 481a ride. On the ride from Lummi Island to Gooseberry Point, people can purchase the multi - 490 ride pass, and the ferry pursers can calculate the fee for those passes. 50M 511a Mann stated Mr. McKenzie has been consistent in asking for a process for 52M communication. The higher level of Public Works staff have seemed reluctant to engage 53M fully with LIFAC. He supports Mr. McKenzie's request, other than the regularly scheduled Public Works, Health, and Safety Committee, 1/28/2014, Page 4 p 1(] 20 30 4M 51] 60 7M 81] 91] 101a 11(] 121a 131] 14M 151a 161] 17M 18(] 19M 20M 211] 22M 230 24(] 25M 260 271J 281] 290 301a 310 321N 33F?1 340 351] 36P] 370 38F?1 391] 400 410 42(] 430 440 451] 460 47(J 481a 490 501] 510 52M meetings. He wants to use this LIFAC as a resource. The administration should route items through LIFAC, and a councilmember should attend the LIFAC meetings. He approves the suggested important topics to address. He asked if James Lee and a councilmember can attend the six work sessions. Louws stated he'll discuss it with the Public Works Department Director. The administration is willing to commit a reasonable amount of time to LIFAC and the Lummi Ferry. He assumes he can get a commitment from LIFAC that the decisions the administration needs will be made in a timely manner, regardless of whether the LIFAC wants to engage the issue. The Council must support moving difficult issues through, so it doesn't take two years for an issue to get a recommendation. He appreciates what the Advisory Committee is doing, and the administration wants to communicate and work efficiently with the Advisory Committee. Brenner stated she will commit to attending the LIFAC meetings. Mann stated he would be backup when Councilmember Brenner can't attend. Brenner stated the advisory committee must email the councilmembers to notify them of the advisory committee meetings. Kremen moved to appoint Councilmember Brenner as a LIFAC attendee, with Councilmembers Weimer and Mann as backup. The motion carried by the following vote: Ayes: Brenner, Mann and Kremen (3) Nays: None (0) OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 2:30 p.m. ATTEST: , Council Clerk -, Minutes TranscriptionM 1] WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barbara Brenner, Committee Chair Public Works, Health, and Safety Committee, 1/28/2014, Page 5