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HomeMy WebLinkAboutCouncil April 12 20051 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. WHATCOM COUNTY COUNCIL Regular County Council April 12, 2005 Council Chair Laurie Caskey- Schreiber called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Dan McShane Sam Crawford Seth Fleetwood Sharon Roy FLAG SALUTE ANNOUNCEMENTS Absent: L. Ward Nelson Caskey- Schreiber announced there was discussion with Chief Civil Deputy Prosecutor Randall Watts regarding pending litigation (AB2005- 018) in executive session during the Committee of the Whole meeting. Caskey- Schreiber announced that the scheduled discussion with Senior Deputy Prosecutor Karen Frakes regarding pending litigation (AB2005- 018) in executive session during the Committee of the Whole meeting was cancelled. Caskey- Schreiber announced there was a presentation and discussion of the draft 2005 Lummi Island Ferry operation report (AB2005 -163) during the Committee of the Whole meeting today. 1. DONATION OF LAND FROM KEN AND KATHY HERTZ, AND JERRY AND HEIDI DOORNENBAL (MALIBU ASSOCIATES) TO WHATCOM COUNTY FOR PARK AND WILDLIFE HABITAT USE (AB2004 -017) Pete Kremen, County Executive, stated more than 45 acres of forest and wetland habitat in Birch Bay, along with tidelands and interest of beach access, were donated to the County and are valued at $338,000. The area will primarily be used as wetland, future park area, and a buffer for Birch Bay State Park. Mr. Ken Hertz has already left a sizeable legacy in this community. Mr. Hertz used to be the County Parks Department Director. Mr. Hertz's life has been focused on providing recreational opportunities to this community. In addition to this donation, he recognizes decades of community service that has put Bellingham and Whatcom Whatcom County Council, 4/12/2005, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. County on the map nationally and internationally for the stellar park system. He thanked the contributors for the very generous donation to Whatcom County. Future generations will be able to enjoy the vision and generosity of the contributors. Ken Hertz, contributor, thanked Executive Kremen. The County Council and County Executive have dealt with a lot of issues regarding open space and problems with preservation. There is an opportunity to work toward public /private partnerships. The government and private entities need to participate together and not be so suspicious of the other guy. With a proper balance, they can end up with some nice public and private partnerships. Caskey- Schreiber stated the County Council also thanks the contributors. Every bit of habitat protected along the shoreline benefits the entire Puget Sound. This is an important contribution. Kremen also thanked Whatcom County Parks and Recreation Department Director Mike McFarland, who played an instrumental role in making this contribution work out. Mr. McFarland is doing an excellent job for the entire parks and recreation system. MINUTES CONSENT McShane moved to approve Minutes Consent items one through ten. Motion carried unanimously. 1. COMMITTEE OF THE WHOLE FOR MARCH 15, 2005 2. COMMITTEE OF THE WHOLE FOR MARCH 29, 2005 3. REGULAR COUNTY COUNCIL FOR MARCH 15, 2005 4. REGULAR COUNTY COUNCIL FOR MARCH 29, 2005 S. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 15, 2005 6. SPECIAL COUNTY COUNCIL FOR MARCH 15, 2005 7. SPECIAL COUNTY COUNCIL (PARKS PLAN) FOR MARCH 22, 2005 S. SPECIAL COUNTY COUNCIL (EMS) FOR MARCH 22, 2005 9. SPECIAL COUNTY COUNCIL FOR MARCH 29, 2005 10. WATER RESOURCES WORK SESSION FOR MARCH 22, 2005 Whatcom County Council, 4/12/2005, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. OPEN SESSION The following people spoke: Khris Ungern, 2095 Northshore Road, Bellingham, stated he has been following the County Council work sessions to discuss issues and concerns related to the recently adopted building and subdivision moratorium in the Lake Whatcom Watershed (AB2005 -072). He submitted and read from his testimony (on file). Councilmember McShane attempted to refute Dr. Easterbrook's points, in a memo that misrepresents Dr. Easterbrook's points and contains errors of fact. Focus on getting better data by measuring current levels of phosphorus by source. Watershed issues are complex. Councilmember McShane's memo said that proposals to limit lawn sizes were discussed and then abandoned because of fire concerns. The public record does not show that fire concerns came up at all during discussions. Dennis Jones, 1487 Sudden Valley, Bellingham, submitted a photo. On March 17, 2004, there was a retreat of the Lake Whatcom Management Team. Vince D'Onofrio was a man who decided to take action and get involved. There will be a presentation of Sudden Valley's version on April 20, 2005. Working together is working. Keep working on the problems with surface water. He supports doing whatever has to be done to avoid a moratorium in 2006. Susan Struthers, America First Realty Owner, Alger, stated many homes that are impacted are in the watershed, including 14 lots in Glenhaven. One of the lots already has a septic system, but now cannot be built on. The house next door is being built on. She asked how 14 lots in Glenhaven were picked out to be in the moratorium when the rest of Glenhaven is on a septic system. Sudden Valley couldn't get on sewer, and had to put in septic system. Now that the sewer system is in Sudden Valley, it has a moratorium. Caskey- Schreiber stated the moratorium is set to expire on May 1. Struthers stated it expires on May 1 unless the Council rushes to extend it. Caskey- Schreiber stated she hasn't seen any movement toward extending the moratorium. Greg Barlean, Hopewell Community Association, stated he wanted to speak on the ordinance amending the lot clustering provisions of the Urban Residential, Urban Residential Medium Density, and Rural zoning districts in the Official Whatcom County Zoning Ordinance (Title 20) (AB2005 -170). Mushroom farms and related facilities tend to cluster. This clustering must be in reasonable striking distance of the major population areas they service. Fresh mushrooms are fragile. They can only be transported over land 800 miles. Air transportation is cost prohibitive. This isolates the mushroom market areas from Whatcom County Council, 4/12/2005, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. each other. Each market area is free to set standards for pollution control, farm size, buffers, and allowable zones. The price of the mushrooms can adjust to absorb the cost of these standards without incursion from neighboring markets. The hub of this geographic market is Abbottsford, British Columbia. In 1998, B.C. revised their facility standards. Currently, there is a marketing war going on between the producers. If Whatcom County gives any one company a significant competitive advantage in this industry, it will invite challenges to legislation on the grounds of being arbitrary and capricious. Make everyone answer to all the provisions of the new zoning ordinance, with no exceptions, including buffers and setbacks. PUBLIC HEARINGS 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, CHAPTERS 20.37 — POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT, 20.71 — WATER RESOURCE PROTECTION OVERLAY DISTRICT, AND 20.97 — DEFINITIONS TO CLARIFY REQUIREMENTS AND STANDARDS FOR CLUSTER SUBDIVISIONS (AB2005 -149) Caskey- Schreiber opened the public hearing and the following people spoke: John Lesow, 317 Madrona Place, Point Roberts, stated the Planning Commission recommended the original version of this ordinance. It allowed the Sewage Treatment Effluent Pump (STEP) and community drain fields as part of the transitional zoning. These options were stricken from the provision. Reinstate the community drain field provisions. Preserving the community drain field option allows developers to proceed with cluster housing developments at increased densities. It also preserves the option of a development connecting to a public sewer when and if such assistance becomes available. If the cluster developments aren't allowed until public sewers are available, it could reignite a battle over the prospect of a comprehensive sewer system for the Point. Many property owners, including those on fixed incomes, are not willing to support the cost of a comprehensive sewer system. In addition to the additional cost, there are unique siting costs. The parcel purchased some years ago for a possible sewage treatment plant is not adjacent to a cul de sac of $250,000 homes. He doubts the plant will be built on that site. There are other locations that are more appropriate for a sewage lagoon or a plant. None of the proposals have reached fruition, which says something about the appropriateness of having them at all. Reinstate the provision that allows community drain fields. Michael Rosser, Point Roberts Taxpayers Association, stated the association supports the amended version of the ordinance before the Council. When the community redid the subarea plan, the Growth Management Act did not allow them to increase the number of lots within Point Roberts. The number of lots already exceeded the number of lots necessary for the planning horizon, and well beyond. Whatcom County Council, 4/12/2005, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. The transitional zoning allows new lots. The purpose of the transitional zoning was to further the goals of the subarea plan. The transitional zoning allows land now zoned rural, one house per five acres (R5A), to have one house per acre. In exchange, the owner would have to do a number of things to further the goals of the subarea plan, Specifically, the owner would have to preserve open space, critical areas, and forested environments; cluster houses for efficient use, and; promote trails. The transitional zoning includes all of those things. The changes made to the zone as they are before the Council simplify things a great deal. Before, it was confusing. The requirements of public amenities are made mandatory at a specific amount. It is much clearer. The logical alternative, if they don't like the transitional zone, would be to go back to just the R5A zone. He is not in favor of that. It doesn't further the goals of the subarea plan. In exchange for the developers' quintupling their density, the developers don't have to do a lot. Most critical areas, slopes, and wetlands are within the transitionally zoned areas. He also supports the amendment suggested by Mr. Lesow. Hearing no one else, Caskey- Schreiber closed the public hearing. Fleetwood moved to refer to the Planning Committee. Staff and the Council attorney recommended that this be reconsidered to address certain issues. Roy asked if the drain field is one of those issues. Fleetwood stated he would like to reconsider that issue. The recommendation to refer to committee is also to address constitutional questions. Motion carried unanimously. 2. ORDINANCE FOR THE ADDITION OF CHAPTER 16.32 TO THE WHATCOM COUNTY CODE, ESTABLISHING REGULATIONS FOR FERTILIZER APPLICATION ON RESIDENTIAL LAWNS AND PUBLIC PROPERTIES WITHIN THE LAKE WHATCOM WATERSHED (AB2005- 171) Brenner stated her name is supposed to be on the ordinance as a proposer. Executive Kremen should be listed as a sponsor. She really appreciates that the Executive asked staff to do this. Caskey- Schreiber opened the public hearing and the following people spoke: Mary Dickinson, Building Industry Association (BIA) Government Affairs Director, submitted her testimony (on file) and stated she supports the ordinance. Dennis Jones, Sudden Valley, stated he concurs with comments made by Mary Dickinson. There is an article in the Bellingham Herald about the Bellingham Whatcom County Council, 4/12/2005, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Marina catching surface water by using berms. Sudden Valley's marina should be used as a drain field, along that line. The marina is a model. He supports several of the councilmembers. Hearing no one else, Caskey- Schreiber closed the public hearing. Brenner moved to adopt the ordinance. McShane asked about the potential unintended consequences of the ordinance to the Sudden Valley Golf Course. The golf course is using very low levels of phosphorus. He asked if they would see to turf degradation that would lead to more runoff or erosion from that golf course if they are not allowed to use phosphorus fertilizer at all. Bruce Roll, Assistant Director, stated the golf course is not included in these requirements. Also, the Lake Whatcom Management Plan had a specific task to establish best management practices consistent with source water quality protection goals for the Sudden Valley Golf Course, beaches, and other public areas. The staff feels that the clause inserted that this would be reviewed annually would be the Council's opportunity to evaluate whether or not it wants to amend this existing ordinance to include stronger language for golf courses. Staff is specifically dedicated to work with the Sudden Valley Golf Course to speed that task along. McShane stated he appreciates the help from Mr. Roll and Sue Blake in his research on other issues. He asked if the Council should think about this in other lake watersheds, particularly Lake Samish, Cain Lake, Reed Lake, and Lake Padden. Roll stated they are all susceptible to phosphorus loading. The Council can consider it. He recommends at this time that the Council enact this ordinance, evaluate it, and see how applicable it would be to other areas. If the Council wants to expand the regulations, he would like to gather some information for the Council. Generally speaking, phosphorus is the limiting factor in fresh water. It's not the case for marine environments. Don't apply it to the coastal areas. Crawford asked how the Council excepts the golf course. Roll stated this ordinance applies specifically to residential lawns, according to the title of the ordinance. Crawford moved to amend Whatcom County Code (WCC) section 16.32.050(1), "...no person shall apply any commercial fertilizer to residential lawns or public agency properties..." to be consistent with the title and the intent. Caskey- Schreiber asked if there is a reason why the golf course can't use the phosphorus -free Lake Whatcom blend fertilizer. Roll stated the turf is dramatically different from residential turf. The greens are different. They are mostly on top of sand, so the ability to trap nutrients is an issue. Whatcom County Council, 4/12/2005, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Sue Blake, Senior Planner, stated she talked to Sudden Valley about the potential consequences if the regulation were applied to the golf course. There may not be any impact in the short -term. In the greens area where there is a lot of sand, there would be an impact to the turf because the sand doesn't have the capacity to retain the nutrients in the same way as other types of soils. Over the coming year, the community will look at other best management practices that exist. Roy stated the Council is going to evaluate this regulation over the next year. She asked if Sudden Valley is going to experiment with using the phosphorus -free fertilizer. Blake stated Sudden Valley is going to look hard at all its practices, including the pesticide issue. Crawford stated his motion applies to the new, substitute version distributed earlier. Motion to amend carried unanimously. Motion to adopt the substitute ordinance as amended carried unanimously. 3. ORDINANCE CONTINUING THE INTERIM CONDITIONAL USE CRITERIA ADOPTED BY ORDINANCE 2004 -053 FOR THE SITING OF MUSHROOM COMPOSTING AS A CONDITIONAL USE WITHIN THE AGRICULTURAL ZONING DISTRICT (AB2005 -154) Caskey- Schreiber opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to adopt the ordinance. Motion carried unanimously. CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through seven. (Clerk's Note: End of tape one, side A.) Motion to approve Consent Agenda items one through seven carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY AND GEOENGINEERS, INC. FOR ON -CALL GEOTECHNICAL Whatcom County Council, 4/12/2005, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. ENGINEERING SERVICES IN THE AMOUNT OF $100,000 (AB2005- 175) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AMENDMENT TO A CONTRACT BETWEEN WHATCOM COUNTY AND PARAMETRIX, INC. TO COMPLETE THE REVIEW OF THE COMPREHENSIVE PLAN FOR COMPLIANCE WITH THE REQUIREMENTS OF THE GROWTH MANAGEMENT ACT IN THE AMOUNT OF $15,000, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $105,275 (AB2005 -176) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNSELING & PSYCHIATRIC CLINIC FOR MENTAL HEALTH SUPPORT SERVICES IN THE AMOUNT OF $30,000 (AB2005- 177) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE UNIVERSITY, WSU EXTENSION WHATCOM COUNTY FOR PILOT WATER QUALITY TELEMETRY TO SUPPORT STEWARDSHIP FOR CENTENNIAL GRANT IN THE AMOUNT OF $30,000 (AB2005 -178) S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #05- 13 TO THE LOWEST RESPONSIVE BIDDER, MCASPHALT INDUSTRIES, FOR ASPHALTIC EMULSIONS IN THE AMOUNT OF $700,000 (AB2005- 179) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #05- 20 TO PACIFIC CONCRETE FOR PRECAST GIRDERS IN THE AMOUNT OF $86,082.99 (AB2005 -180) 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF HIGH ROOF VAN FOR THE SHERIFF'S OFFICE SWAT TEAM, FROM DWAYNE LANES DODGE IN THE AMOUNT OF $38,887.11 (AB2005 -181) OTHER ITEMS 1. ORDINANCE TO AMEND A PORTION OF THE OFFICIAL WHATCOM COUNTY ZONING MAP UGA -7, SUMAS URBAN GROWTH AREA, FROM LONG -TERM PLANNING AREA TO SHORT -TERM PLANNING AREA (AB2005 -169) Whatcom County Council, 4/12/2005, Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Fleetwood reported for the Planning and Development Committee and moved to adopt the ordinance. Motion carried unanimously. 2. ORDINANCE AMENDING THE LOT CLUSTERING PROVISIONS OF THE URBAN RESIDENTIAL, URBAN RESIDENTIAL MEDIUM DENSITY, AND RURAL ZONING DISTRICTS IN THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE (TITLE 20) (AB2005 -170) Fleetwood reported for the Planning and Development Committee and moved to adopt the ordinance. Motion carried unanimously. INTRODUCTION ITEMS Brenner moved to accept Introduction Items one through six. Motion carried unanimously. 1. ORDINANCE AMENDING 2005 WHATCOM COUNTY BUDGET, REQUEST NO. 4 (AB2005 -182) 2. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO BIRCH BAY WATER AND SEWER DISTRICT (AB2005 -183) 3. ORDINANCE ESTABLISHING A $50.00 PETTY CASH REVOLVING FUND FOR JUVENILE COURT ADMINISTRATION (AB2005 -184) 4. ORDINANCE ESTABLISHING A $200.00 PETTY CASH REVOLVING FUND FOR THE COUNTY CLERK (AB2005 -185) S. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN SPACE /FARM AND AGRICULTURAL CONSERVATION AND OPEN SPACE /TIMBER APPLICATIONS (AB2005 -186) 6. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SUBDIVISIONS WITHIN THE LAKE WHATCOM WATERSHED (AB2005 -187) OTHER BUSINESS Resolution initiating Comprehensive Plan and zoning amendments for 2005 (AB2005 -084) Whatcom County Council, 4/12/2005, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. McShane stated the Council received a letter from Lesa Starkenburg - Kroontje about waiving the fee for the DeBoer Comprehensive Plan amendment from an urban growth area to agriculture. The Committee indicated it was amenable to waiving the fee, but forgot to bring it forward to the Council. The fee is due tomorrow. He moved to waive the application fee of $2,810 for the rezone. Crawford stated a private party proposed this amendment. The amendment supports the Council's general thought of protecting agricultural land. He asked if the Council can waive the fee. Karen Frakes, Senior Civil Deputy Prosecutor, stated there may be a County Code provision that allows the Council to waive the fee. McShane stated there is such a provision. Frakes stated Code section 20.10.140 provides that the County Council may take official action to waive the fee at the time it approves the initiating resolution if it finds that the proposed amendment will clearly benefit the community as a whole, and will not be for private financial gain. Caskey- Schreiber stated this amendment qualifies, since the applicant will undergo a voluntary downzone. Motion carried unanimously. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Brenner reported for the Public Works Committee and stated it received an excellent presentation from a company about lake circulators. Most people will agree the presentation was very informative. Her biggest disappointment was that no one from the City of Bellingham was at the meeting. At the Council's joint meeting with the City and Water District 10, she invited the City representatives to come to the presentation. They are all supposed to look at ideas. It appears that some minds are so closed that they won't listen to anything. She's disappointed. They have to explore every option. Brenner stated she sent a memo to councilmembers about a grant for litter. If the Council requests a change to the policy a little bit, the County could use the grant to do more extensive clean up in the Marietta and East County areas. People in both places were extremely thankful for the dumpsters that were provided. She would like to put extra dumpsters in those areas for clean up. Crawford stated Dave Grant said that the County must be careful about providing one portion of the community with a special privilege. However, they can work around that by declaring a public health emergency in a particular geographic location to justify the expenditure of public monies. Whatcom County Council, 4/12/2005, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. Brenner stated she's not asking for special treatment. The County received another litter grant. The Council policy now is to allow a one -time dumpster allocation for communities. Make an exception or waive that policy so they can allow for extra dumpsters. Crawford asked if the Solid Waste Advisory Committee provided advice on this concern. Brenner stated that is fine if that is a better process. She prefers to request that the administration waive the policy when there is a potential health problem. Pete Kremen, County Executive, stated he issued a directive to implement the intent of Councilmember Brenner's memo. Clare Fogelsong, City of Bellingham, stated he wanted to respond to Councilmember Brenner's comment about the City being close- minded regarding the proposed technological fixes. He looked into those kinds of systems a year and a half ago. He gathered information on the technology from three vendors. He had discussions with two of the vendors, and a presentation with one of the vendors. He came to the conclusion that the technology was complicated, expensive, untried in large systems, and unproven in its results. They need to look at those kinds of solutions. Unless there is new information or new technology, it's not prudent to put a lot of time or energy into it. Brenner stated these are lake circulators. The City did not approach SolarBee, which is the only company doing lake circulators. They are different from aerators. Each time she's brought it up, she gets a comment from someone saying aerators are ineffective and expensive. These are not aerators. The SolarBee representative said they are cost - effective. It would be nice to explore the option. Roy reported for the Natural Resources Committee and stated a work group related to the Nooksack Salmon Enhancement Association gave a presentation to the Natural Resources Committee on recreational impacts on the south fork of the Nooksack River. The Natural Resources Committee will have a presentation update on May 10, 2005 and will talk about the role the County might want to play to affect recreational activities, such as riding inner tubes, on the South Fork. This work group consists of representatives of many federal, State, County, and tribal governments. McShane thanked Bill Hewitt with the fire marshal's office and for his work on fire issues in the Lake Whatcom watershed. Mr. Hewitt expressed concerns early on about fire issues in the watershed. That's why the lawn thing was withdrawn. Those concerns had been discussed in committee. An article was written, which was not very accurate, portraying his discussion with Mr. Hewitt. Whatcom County Council, 4/12/2005, Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 DISCLAIMER: This document contains the Whatcom County Council or Committee minutes, as approved. However, unless an attested signature page is attached, they are not the final approved minutes. ADJOURN The meeting adjourned at 8:02 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on April 26 , 2005. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Laurie Caskey- Schreiber, Council Chair Whatcom County Council, 4/12/2005, Page 12