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HomeMy WebLinkAboutPublic Works June 3 20141(J 20 30 40 5 P 60 7P] 8M 91] 10PI 11(] 12P] 13P1 140 151M 16M 170 18P] 19(J 200 211] 22M 230 241] 25M 260 271] 28M 290 30M 310 32M 331N 34(] 35M 36M 370 38M 39M 400 41M 42M 430 44M 451] 460 47P] 481] 490 50M 511] 52M 53M WHATCOM COUNTY COUNCIL Public Works, Health, and Safety Committee June 3, 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 :34:17 PM) Present: Barbara Brenner, Ken Mann and Pete Kremen. Absent: None. Also Present: Rud Browne and Carl Weimer. COMMITTEE DISCUSSION 1. DISCUSSION REGARDING THE USE OF ROUNDUP TO CONTROL ROADSIDE VEGETATION (AB2014 -221) Laurel Baldwin, Public Works Department, submitted and read from a presentation (on file). (1:50:00 PM) Brenner asked about fish impacts with the terrestrial versus the aquatic glyphosate products and who tested these products. Baldwin stated the terrestrial glyphosate includes a surfactant that is toxic to aquatic organisms. Testing is done by the Environmental Protection Agency (EPA). Brenner asked about studies done on humans. Baldwin stated some studies are done in the lab and conclusions aren't verified with human testing. Mann stated he's used Roundup and Crossbow on his property for years and has kids. He's done much research using reputable scientific studies, and the question requires more inquiry. He originally planned to not make a big deal out of this, but he has to do more due diligence to decide for himself. He would like to provide the research he finds to Ms. Baldwin for her review. Browne stated the EPA website indicates that 43 percent of chemicals have no data on basic toxicity. Don't assume that the EPA requires 120 tests on all chemicals. The majority of those tests were probably done by Monsanto. Kremen stated the use of Roundup was an issue when he began as County Executive 19 and a half years ago. The former Public Works Department staff person in charge of the program became an expert on the subject and indicated it is the most accepted of all the herbicides that work to control vegetation. He asked if it becomes inert soon after it's applied. Baldwin stated it does. P1 Public Works, Health, and Safety Committee, 6/3/2014, Page 1 1E Kremen asked if they should be concerned about the use of Roundup. Baldwin 20 stated it's good for people to be interested and look for information. It's difficult to find 30 unbiased information on the internet. Her objective is to find good science, usually 41M university- based, and make decisions from that, rather than how she feels about a 5M corporation or group. Whatcom County minimizes the use of glyphosate and uses the 60 aquatic version of Roundup. They are not endangering water life. It's not running into 7M creeks, ditches, and streams. She personally doesn't feel they must stop using it. It's a 81N valuable tool and a good product. It has the least impact as possible. They try to decrease 91a the use of herbicides in general as much as possible, because it's part of the integrated 101N vegetation management plan. Through the weed program, she works with the road crew to 11M meet that objective. 12F?] 131N Kremen stated private property owners may request to not have their properties 140 sprayed. Baldwin stated that's correct. Also, the Department of Agriculture has a registry 15M of pesticide sensitive persons, which is distributed to different agencies and jurisdictions so 16M they don't use pesticides or herbicides near their homes. 170 18M Mann asked what is the surfactant in the terrestrial formula. Baldwin stated there 191N are a number of surfactants. There are surfactants that can be added to an aquatic 200 formulation that are approved for use near water or in water. 21F?1 22F?1 Mann asked if the EPA also tests inert ingredients. Baldwin stated it does. The EPA 230 also tests the final formulation. 24F?1 251] Mann asked if the County uses any surfactant in the aquatic formulation. Baldwin 260 stated it doesn't. 27F?1 281N Brenner asked if the Department of Ecology has done any testing or studies on 290 glyphosate. Baldwin stated Ecology has lists of approved chemicals. She doesn't know if 301] Ecology has done any testing directly. 310 32M Weimer stated they revisit this issue every year or two. It's an ongoing concern of 33M the community. The County has won awards for its integrated pest management for trying 340 to eliminate as much of this as possible. Personally he doesn't and wouldn't use Roundup. 35M The EPA doesn't test stuff correctly. There are problems with their cost - benefit analysis. 36M It's easy for someone to find alternatives for his or her yard, but not for maintaining an 370 entire road system. The question today about using inert ingredients has been answered. 38M They limit it as much as possible. 391] 400 Brenner stated she doesn't use Roundup, but she doesn't know how they would 41M control the really dangerous noxious weeds that overpower everything. The use of native 42M plants are great, but she hand pulled every noxious weed on her property. She doesn't 430 know how they would do that on road shoulders. She is looking for answers too. The 44M information she read was surprising. The EPA isn't necessarily looking out for the interests 451] of citizens. She's not sure there is an alternative for now. She will send the information 460 she has to Ms. Baldwin and asked Ms. Baldwin to provide answers and more information. 47(] 481] The following people spoke: 490 50M Vince Biciunas stated they went through this in the 1990's. Her neighbor at the time 51M was very sensitive to chemicals. She helped a neighbor to work with the City, railroad, and 52M others to stop spraying glyphosate. She's been aware of glyphosate for years. Instead of Public Works, Health, and Safety Committee, 6/3/2014, Page 2 M using glyphosate, provide extra money to the Public Works Department to hire staff and 20 provide jobs to do hand weeding. 30 41M Tom Malterre, Autism Research Institute Faculty, stated he has two science degrees 5M with traditional biochemistry backgrounds. His concern is the science. The pathway on 60 which the chemicals react with the plants, the shikimate pathway, is also affected in the 7M microbiome, the microorganisms found both in the soil and in humans in high content. It is 8M possible that the glyphosate could have a negative effect on the microbiome, which they're 91a now connecting with almost every known chronic disease from which society is suffering. 101M That is a concern. There are teratogenic effects, mitochondrial disruptive effects, and all 11M sorts of different birth defects that are occurring with the exposure to glyphosate. There 12M are organ damage effects. They're seeing liver damage, pituitary damage, and all sorts of 13M kidney issues. The reality is, there is potential risk. The majority of the safety studies have 14M been done via the Toxic Substances Control Act (TSCA), which is an old Act from the United 15M States to monitor chemicals. It does a terrible job of looking at toxicity. Now they're 16M seeing that the lethal dosage (LD50) is a poor marker of toxicity because these are 17M endocrine- disrupting chemicals. They disrupt hormonal function at extremely small doses, 18M so the drastic effects don't happen immediately; they happen six to 13 years after 19M exposure. There are many different factors they must examine before determining this is 200 safe. Without a surfactant, the weeds won't take in the glyphosate outside the aquatic 21M environment. Examine the actual chemicals being used. He wants to be shown what 22M exactly they are spraying and to have proof that there are no surfactants. There are 230 mitochondrial damage studies and aquatic species studies on those. 24P] 25M Wendy Harris stated it takes years for impacts from the chemical to show up. There 260 has been a delay in studies because it takes a while after it is released into the environment 27M for the impacts to show up. The results are starting to come in from peer- reviewed 281N scientific studies that are not connected to organizations that are interested in profit or 290 political agendas. This chemical is showing up in breast milk and dairy cow urine, and it 30M affects important gut bacteria. They are learning more and more that the human immune 310 system is based on the gut bacteria in the body. If disturbed, there are effects to immune 322 function, ability to detoxify, and other important body functions. They must also talk about 33M the fact that plants are developing a resistance to Roundup. They are now being required 340 to use increased amounts. Additionally, they haven't addressed sudden death syndrome, 352 which is a yellowing disease from plants sprayed with Roundup. Plants at the end of the 36M rows are affected as the rows are double- sprayed when the sprayer turns. Another concern 372 is that this chemical chelates. It binds molecules and keeps plants, animals, and humans 382 from functioning. They are just looking at this in the context of the roadside program. Look 39M at the total effects, including impacts to parks and wildlife management. Adjust for 400 sensitive watersheds and groundwater supplies. There are factors related to pesticide drift 41M and air quality. It's a complex issue. They can't say they know the results. Evidence is 42M coming in. It's not safe for people, animals, or the environment. 430 44M Stephanie Davis stated she is concerned about effects to the Faison water system. 452 Both sides of the drainage ditches are sprayed, and the ditches drain into the lake. People 460 fish from the lake and the water system uses water from the lake. Water is tested for 47M bacteria, but hasn't been tested for herbicide contamination since 2010. There were 482 contaminants, but not enough to do harm according to the EPA. They all agree they can't 490 trust those limits. Certain watersheds in the county don't allow the application of 50M glyphosate, including the Whatcom watershed, Lummi Island, North Fork Road, and Cornell 512 Creek Road. She would like to know why it's allowed in some areas and not others. A 47- 52M day half life is a long time. Almost all roads have ditches, and almost all are getting 53M sprayed. If the Faison water system isn't being tested, many others may not be tested as Public Works, Health, and Safety Committee, 6/3/2014, Page 3 P1 1E well. She asked who is checking the water. Eliminate the use of herbicides and pesticides 20 on all county lands by all county departments. 30 41M Kevin Finnegan stated he would like to know how much Roundup the County is using 51N and whether that amount has increased over time. Plants can become resistant and require 60 increased amounts of the herbicide to kill it. He would also like to know how many miles of 71M roads are being sprayed. 8P1 91a Brooks Anderson stated healthcare costs are much more expensive than alternative 101M weed control methods. Use the money to hire people because they need more jobs in 11M Whatcom County. They've all acknowledged that the community has questioned the use of 12M Roundup for a long time. People want the County to stop using Roundup. 13P] 140 Eric Matlock stated he agrees with the previous speakers. He is concerned about the 151M repeated long -term use without any testing to provide reasonable information that this is 16M not toxic. He would be willing to pay more taxes to create more jobs for manual weed 170 control as an alternative to herbicides. 18P] 191N Alys Kennedy stated the Centers for Disease Control (CDC) has decided that 200 Roundup is toxic. Consider studies that look at it from a health standpoint, not from a 21M simple roadside management viewpoint. She doesn't trust the EPA because the studies 221N aren't complete. 230 24P] Mann stated he would like to see any studies that the speakers can provide if they 25E are generally accepted as scientifically credible. 260 271N Browne stated consider the option of using native plants or shrubs for weed control. 28P] 290 Kremen stated the vegetation is the problem for road maintenance, regardless of 301N whether or not it's a noxious weed. They want to get rid of any vegetation. Native plants 310 aren't a viable solution. He would like to get the jail work crew to work on all the roads. 32P] 33M 2. DISCUSSION REGARDING A CITIZEN PROPOSAL TO INSTALL A CROSSWALK 340 AT THE INTERSECTION OF LAKEWAY DRIVE AND PARKSTONE LANE 35M (AB2014 -203) (2 :32 :14 PM) 361?1 370 Brenner stated the Council voted unanimously for the Public Works Department staff 38M to look at three options for a crosswalk in this area, even though staff made it clear that it 39M doesn't meet the requirement for installing a crosswalk. However, no one will dare attempt 400 to cross the road because it is too dangerous. She would rather be proactive than reactive. 41P] 42M Joe Rutan, Public Works Department, stated he agrees. They all want to make a 430 dangerous situation safer. He doesn't want to take a dangerous situation and make it just 44M look safe and give people a false sense of security, which is an easy pitfall in traffic 451a engineering. He submitted and read from a presentation (on file) regarding three crosswalk 460 options in the vicinity of Parkstone Lane, a Ped Flag crosswalk, an amber crosswalk light, 47M and a pedestrian hybrid beacon crosswalk. 481a 490 (2 :44 :19 PM) 50M 511a Brenner asked the distance between Oriental Avenue and Parkstone Lane. Rutan 52M stated the distance is approximately 300 feet. 53M Public Works, Health, and Safety Committee, 6/3/2014, Page 4 1E Kremen asked Mr. Rutan about the best location for a crosswalk. Rutan stated he 20 would like to study the intersection of Euclid Street and Oriental Avenue. Those are 3M through- roads. 4F?1 51N Brenner asked why staff would consider a crosswalk at an intersection when people 60 get confused about who is doing what. Rutan stated people expect things to happen at 7M intersections so they are more aware. Right now, all of these intersections are legal 8M crosswalks, even though they are not currently marked. Unmarked crosswalks at 91a uncontrolled intersections give people a bad sense of security. They stop vehicles at stop 10M signs, signals, or actuated crosswalks. They don't use crosswalks to stop vehicles. He's 111N afraid it will only make a crosswalk look safe. It is a design standard in the industry and 121a with the Manual on Uniform Traffic Control Devices (MUTCD). Stop vehicles with stop signs. 13F?1 140 Brenner stated it will be confusing at a cross street. Also the cost estimates for the 15M crosswalks are less according to information sent from neighbors. Rutan stated the signal is 16M one cost, but they must also install curb ramps, rights -of -way, wheelchair turnarounds, and 170 lighting requirements. 18F?] 191N Brenner stated she wants to make this work. It will help get people out of their cars 200 in the Lake Whatcom watershed. They don't count people now because there isn't a safe 21M crosswalk. They will be able to count more people if there is a safe crosswalk. The County 22M has spent much money in the Lake Whatcom watershed. Get people out of their cars and 230 help make the watershed cleaner. 24F?1 250 Mike Donahue, Public Works Department, stated he met with neighbors and 26M residents in the area yesterday at about 5 p.m. The traffic there was going more than 35 27M miles per hour. That is an issue. They also talked about pedestrian numbers. They 280 discussed the possibility of a crosswalk at Electric Avenue. 290 30F?] Mann stated Parkstone Lane is probably not the ideal location for a crosswalk on this 310 stretch of road. It is more appropriate or practical at Oriental Avenue. He asked how much 32M a warrant study costs and if it would be feasible for Oriental Avenue. It probably won't 33M meet warrants, because everyone is afraid to cross there, but he'd like to know. Donahue 340 stated it's done in- house. They're so busy now that it will take a while get to it, more than 35M a month or by the end of the summer. 361?1 370 Brenner stated she expects this will take awhile. 38F?1 39M Weimer asked if there is sidewalk along both sides of the road out there. 400 41M Jack Louws, County Executive, stated he spent some time at the area. Drivers drive 42M fast on that entire road. It's got about three or four bus stops. There are no crosswalks at 430 any of the bus stops. He is concerned if they make a discretionary decision to install a 44M $300,000 crosswalk at Parkstone when it doesn't meet warrants. The question becomes 4517 what criteria they will use in the future to approve or not approve future crosswalks. He 460 understands the challenges at that location, but pedestrians have a legal way to cross the 47M road. 4817 490 Brenner stated the legal way is not safe. Louws stated the people at the corner of 50M Rathbone and Birch Bay- Lynden also would like a signalized crosswalk to get to the bus 51M stop. There are also legal issues relating to discretionary choices in deciding where 52M crosswalks and safety measures go, if they don't spend the time doing an analysis and 53M establishing criteria. Public Works, Health, and Safety Committee, 6/3/2014, Page 5 1(J 20 Brenner stated she doesn't propose installing anything without an analysis. 30 41M Dan Gibson, Prosecutor's Office, stated be careful here. When they talk about legal 5M issues, they talk about litigation in very fact - specific circumstances. When one deviates 60 from warrants to make decisions that are more political than rational, they invite arguments 7M in the context of litigation that do not serve the County well. To have a more legally 8M defensible position in case of a comparison between this intersection and another place, use 91] something that is recognized in the industry, which are the warrants that justify installation 101M of a crosswalk of a particular nature. 11(] 121a Brenner stated the Council just approved the installation of a stop sign at a location 13M that didn't meet warrants, because there is language in the statute that allows them to 140 consider other circumstances and issues. This is more about health and safety. 15(] 16M Kremen stated that Mr. Rutan had said he would lose his license if he recommended 170 approval of those stop signs. Rutan stated his recommendation is based on the MUTCD. 18F?] 19F?l Mann stated the MUTCD is as political as anything. Setting the industry standards is 20M a political process that includes political lobbying. There are plenty of rational reasons to 21M install more pedestrian options for safety and water quality. 22P] 230 Del Sturgis stated he lives directly opposite Parkstone Lane across Lakeway Drive. 24M They live on the odd side of Lakeway Drive. People who live on the odd side have to cross 25M Lakeway Drive to get their mail. He stood out there for up to 15 minutes waiting for 260 someone to stop. Everyone speeds faster than the 35 mile per hour speed limit. A 27M crosswalk would really help. 28(] 290 Eileen Kadesh stated she and her husband appreciated Mike Donahue for coming to 30M the area and looking at the traffic situation, which is very different during rush hour. When 310 Mr. Donahue mentioned costs, he gave estimates that are lower than these estimates 32M today. If this can't be done at Parkstone, it would still be helpful at Oriental. However, the 33M site distance at Parkstone Lane is better than at Euclid and Oriental. Regarding unmarked 340 crosswalks, many drivers don't realize that pedestrians have the right -of -way. If there is no 35M enforcement, a pedestrian crossing won't work anyway. 361?1 370 Louws stated the different estimates are due to ancillary costs such as stormwater 38M issues and ramps. He added a safety factor to the estimate. The lower numbers were 39M presented to him by staff, and he decided to increase them to cover costs that come in 400 higher than expected. 41F?] 42M Lorraine Baumgarten stated she cannot cross the street due to the amount and 430 speed of traffic. The school bus lets children out there, and they have to try to cross the 44M road. Anything the County can do would be a big help. 451] 460 Brenner stated people who can't run across the road won't ever be able to cross. 47(J 481] Doug Burgesser stated it's ironic there is a sign right by the intersection of Lakeway 490 and Parkstone that encourages people to get out of their cars to protect the watershed. He 50M was at the meeting with Mr. Donahue yesterday, also. The existing marked crosswalk 511a system at the signal looks like it's adequate for this location. It is two pedestrian cross 52M signs with lights on each of them that flash in both directions. There is no overhead 53M structure. The signposts on each side flash in both directions. Electric Avenue is on a Public Works, Health, and Safety Committee, 6/3/2014, Page 6 p 1m 20 30 4M 5F?] 60 7M 8[] 91a 101a 11r?] 121a 13M 14M 15r?] 16M 17M 18F?] 19M 200 211a 22F?] 230 241a 25M 260 271] 28M 29M 301a 31P] 32F?1 331a 340 351N 36F?1 370 38M 39F?] 400 410 42F?] 430 440 451a 460 470 481a 490 50M curve, and one can't see both sides of the road until very close to the crosswalk. When drivers see those flashing lights, they stop to let people cross. It is effective. Now, there's too much roadway where people can't cross. Regarding liability, if people have to cross anyway and someone gets hurt, someone will still get sued. Brenner asked which option is similar to crosswalks in school zones. Rutan stated that is option B, the flashing amber crosswalk light. Browne stated the site lines at the bus stop are not conducive to a good location for a crosswalk. Nicki Sturgis stated the area is very dangerous. They have to get their mail across the street. The Post Office won't allow their boxes to be put on their side of the street. It's very dangerous. Brenner stated she would like staff to do an analysis of the best location for a crosswalk along that stretch of road. Mann moved to recommend that the full Council request the Public Works Department staff to recommend a location on that stretch of Lakeway Drive that would be best using option B. 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 3:10 p.m. ATTEST: , Council Clerk -, Minutes TranscriptionM p WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barbara Brenner, Committee Chair Public Works, Health, and Safety Committee, 6/3/2014, Page 7