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HomeMy WebLinkAboutCouncil May 21 20021 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 May 21, 2002 The meeting was called to order at 7:22 p.m. by Council Chair L. Ward Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Laurie Caskey- Schreiber Sam Crawford Seth Fleetwood Dan McShane Sharon Roy ANNOUNCEMENTS There were no announcements. SPECIAL PRESENTATIONS Absent: None 1. PRESENTATION BY THE BELLINGHAM HIGHLAND GAMES (AB2002- 017) Glenn Winchester, Bellingham Highland Games President, introduced the members present. The games were founded in 1961. In 1987, they moved to Hovander Homestead Park. The games are the second largest function in Whatcom County. He expects 15,000 people to attend the Highland Games this year. He thanked Whatcom County and the Parks Department for their support for many years. The Highland Games are a true family event for everyone. Heidi Culbertson Moore performed a traditional Scottish dance. Winchester invited everyone to attend the Highland Games at Hovander Homestead Park on June 1. 2. INTRODUCTION BY WHATCOM COUNTY AUDITOR SHIRLEY FORSLOF OF CHIEF DEPUTY AUDITOR RICHARD GRIFFITH AND INTERNAL AUDITOR FRED WILLIAMS (AB2002 -190) Shirley Forslof, Auditor, introduced Deputy Auditor Rich Griffith, CPA. Mr. Griffith has worked for Brown and Cole Stores and owned Goldies' Patio and Grill, where he provided great public service and worked well with the employees. Whatcom County Council, 5/21/2002, 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. She also introduced Fred Williams, the new internal auditor. Mr. Williams previously worked for the Treasurer's Office and the State auditor. MINUTES CONSENT Brenner moved to approve the Minutes Consent items one through three. Motion carried unanimously. 1. WATER RESOURCES WORK SESSION FOR APRIL 16, 2002 2. COMMITTEE OF THE WHOLE FOR MAY 7, 2002 3. REGULAR COUNTY COUNCIL FOR MAY 7, 2002 OPEN SESSION The following people spoke: Darryl Pope, 3106 Edwards Street, stated it takes three pounds of feed fish to make one pound of farm salmon. Salmon farms in Chile produce sixty tons of salmon per day, six days per week. The whales, sea birds, and other fishers of the ocean can't afford that kind of harvest. Chilean bait fisherman are going 200 to 400 miles offshore to catch their bait. The herring stocks in Whatcom County don't exist anymore. The whales are starving and leaving their young. They don't need fish farms in Whatcom County. Ann Mosness, 1081 Sudden Valley, stated she is opposed to expanding fish farms in British Columbia. Support the commercial fishing industry. She suggested approving a resolution like the one in San Mateo County, California, in support of its wild salmon fishing industry. Until they can get the market back for the wild salmon at a reasonable price and get their market share back, there will be coastal and native villages that will survive. The price will come back up. They have to show support for the fishing industry because the farmed salmon has taken control of the marketplace. Health risks have been found in farm fish, including high PCB's and dioxin levels. Crawford asked what authority would make the decision on this. McShane stated that in Washington State, the authority is the State Department of Ecology and the State Department of Natural Resources (DNR). Nelson stated that the State Department of Fish and Wildlife put forth a house bill on the criteria and regulations. Mosness stated that Second Substitute Whatcom County Council, 5/21/2002, 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. House Bill (SSHB) 1499 is a draft bill that will now go to the Fish and Wildlife Commission in August. The bill includes voluntary measures, which are no real protection. The effluents in the pollution still go into the marine environment. McShane stated this issue would be discussed in committee on June 4. Caskey- Schreiber asked for information on other counties that have instituted a ban on the sale of farm fish. Bob Wiesen, Ferndale, stated the sale of farm salmon could reduce the pressure on fishing for the wild salmon, and the wild salmon might increase in numbers. He is disappointed in the way the Council handled the Land Trust issue. There was not enough public involvement. They need to analyze the pros and cons more thoroughly. He suggested an evaluation method similar to what is used to evaluate open space applications. He is concerned the county will lose its base of timberland. That will have the same effect as losing the agricultural lands. Certain businesses and employees are involved in timber. It's an economic activity. As they keep reducing the availability of timberlands, they reduce the economic ability throughout the community. They spend big money to attract businesses to the community, and then push them away. Charlene French, 5044 LaBounty Road, Ferndale, stated she asked for the Council's help with the odor from Recomp last month. They still have the stench. The problem is getting worse. She called the Northwest Air Pollution Authority (NWAPA) this morning to find out the number of complaints from February to current. There have been 125 complaints. She asked her neighbors to attend this meeting. Nothing is changing. Things were rolling along, and the County dropped the ball. The City of Ferndale signed an agreement with Recomp to not bother Recomp if Recomp closed in 18 months, with an additional six months grace period, if needed. Recomp is to take reasonable measures to reduce odors. She asked how 125 complaints figure into that. She and her neighbors believe the stink is worse than ever the last few months. She asked who polices the agreement and follows through to implement the measures to reduce odors. She asked how they justify letting the neighbors go through another summer with the stench and noise. The smell gets into their home. A couple of times she had to leave her home. In September of 1999, the City of Ferndale retained William Stewart, PhD, to evaluate the source of the odor problem in Whatcom County. His statements concluded that odor complaints from the residential neighborhood increased when the medical waste and composting facility began operating. She read from Mr. Stewart's statements, which stated that this is one of the most extreme cases of odor he had ever encountered and the odor included garbage, organic acids, and another unidentified element. She asked who polices the agreement. Recomp is doing what it wants to do. Whatcom County Council, 5/21/2002, 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. Nelson suggested that Ms. French file a claim with the Prosecutor's Office. Dave Grant, Senior Civil Deputy Prosecutor, stated that Ms. French can talk to Randy Watts in the Prosecutor's Office, who is handling this case. He will answer her questions. Brenner stated Recomp can't keep making that odor during the time of the agreement. Recomp has to reduce the odor. This agreement didn't allow Recomp to keep stinking up the place with impunity. The odor is getting worse. She asked what recourse the County has. The odor is worse than a nuisance. It makes people sick to their stomachs. She asked what the County can do. Grant stated he would ask Mr. Watts to contact Councilmember Brenner. Bill Kramer, 1442 Sunset Avenue, stated he is a neighbor of Ms. French. He experiences the same thing. The smell is happening everyday, and it is horrible. Something has got to be done. Connie Hoag, 2633 Halverstick Road, stated the nuisance laws say that you cannot unreasonably deny anyone the use and enjoyment of his or her home. She doesn't know what agreements have been signed, but any agreement that allows the law to be broken would not be valid. She encouraged the Council to do something immediately for these people. PUBLIC HEARING 1. ORDINANCE ESTABLISHING WHATCOM COUNTY VOTING PRECINCTS (AB2002 -201) Shirley Forslof, Auditor, gave a staff report. Legislative lines have been changed, and she needs an ordinance tonight because of the changed legislative lines. She is proposing to consolidate precincts because it saves between $11,000 and $22,000 during each election. This is more efficient. State law says that each precinct can contain up to 900 poll voters. The precincts that are consolidated have between 600 and 700 poll voters. This is an opportunity for the Council to save the County some money. The voters in those precincts all vote on the same offices. The precinct consolidation does not affect what voters vote on, except for the Precinct Committee Officer. The Democrats oppose the consolidation. It's up to the Council, which has the opportunity to save money and bring efficiency in polling place. It is much easier for a poll worker to handle four books than eight books, for example. With the precinct consolidation, the poll worker will have fewer books to handle. The Democrats have filed for precinct committee officers. Presently, there are 150 precincts. The Democrats have filled 82 of the precincts. The Republicans have 79 appointed Precinct Committee Officers. The consolidation of precincts Whatcom County Council, 5/21/2002, 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. results in 119 precincts. It still allows them a lot more precincts than they have filled today. Traditionally, the parties have not elected precinct committee officers for every precinct in Whatcom County. She asked to hear from the parties on the consolidation. She only recently heard from the Democrats. She has not heard from the Republicans. Nelson opened the public hearing and the following people spoke: Barry Buchanan, Democratic Party Chair, stated the precinct is the basic family unit of the electoral process in the country. The precinct committee officer (PCO) is the frontline worker that is responsible for getting out the vote and organizing things such as caucuses, campaigns, and literature drops. The Democratic Party doesn't have all the precincts filled with PCO's. They are working on that. Reducing the number of precincts and making the precincts larger makes it harder for precinct officers to cover larger precincts with more voters. The State allows 900 pole voters, Whatcom County experiences a higher number of absentee voters, which are not calculated into that number of 900. Some of the proposed precincts could total in excess of 1,400 voters, according to the election supervisor. Those extra voters are the absentee voters, which doesn't take away the need for the precinct committee officers to have interaction with those people. Many PCO's hold their caucuses in their homes. Consolidation would diminish the sense of community that they get by doing that. The big concern is that this sets a precedence for future consolidation. It moves away from grass roots politics. He read a resolution from the Democratic Central Committee opposing the larger precincts. Hearing no one else, Nelson closed the public hearing. Brenner moved to adopt the ordinance. She's lived in her house for almost 20 years. She doesn't know who her PCO's is. She is not a member of either party. She doesn't know what kind of outreach program there is to contact people. As someone who has campaigned over the years, she believes this reduction will not be too large for a grass roots effort, nor will it take away from the community. It is a good cost - saving measure. She doesn't want to do anything to cause fewer people to vote, but more and more people are voting by absentee ballot. The good they are going to gain will far outweigh the bad. She doesn't believe it will keep people from getting involved and voting. Nelson stated he received a call from the Republican Party Chair, who stated that the Republican Party is mildly opposed to the ordinance. They share similar concerns, but they also recognize that precincts have been expanded when they get too large. This is a process where the County periodically looks at its precincts. Demographics, population, and voting patterns change. They need to address it so they are not putting an undue burden on the volunteer poll workers. Crawford asked for background information on the number of precincts. Forslof stated that at one time they had about 75 precincts. As the county grew, Whatcom County Council, 5/21/2002, 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. they created more precincts. About five years ago, they were up to about 175 precincts. As people chose to vote by absentee ballot, she consolidated some precincts, keeping them under 900 registered voters per precinct. They went down to 150 precincts. The legislature changed the law, so now they only look at poll voters. The precincts now can have up to 900 poll voters. The legislature recognized that people are voting by absentee ballot, and they needed to look at the voters who go to the polls. Now, she is proposing to go down to 119 precincts. Crawford asked the mechanism they used to increase the precincts years ago. Forslof stated the County Council is the legislative body that establishes the precincts. Crawford asked who initiated the increases. Forslof stated the County Auditor initiated the increases. She was one of the County auditors who proposed an increase in precincts. Crawford stated that Ms. Forslof is not opposed to increasing or keeping precincts the same. Her intent is to run the County's election process as efficiently as possible, whether that involves an increase or a decrease in precincts. Forslof stated that is correct. She looks at what is efficient and what is lawful. Brenner asked the last time the Council did a vote like this. Forslof stated five years ago the Council decreased the precincts from 175 to 150, because more voters chose to vote by absentee ballot. When she looks at precincts, she looks at efficiency, not PCO's. Caskey- Schreiber asked if it is possible to consolidate the polling places, but keep the precincts intact, and still have the cost - savings. Forslof stated that would not produce the same cost - savings. She can consolidate the polling places without involving the Council. She plans to do that this fall. It would save on the amount of poll workers. Polling places now have 35 voters. They think that 50 voters is a good turnout. Those poll workers are there from 6:00 a.m. to after 8:00 p.m. By consolidating, they can save money from polling places. It's more efficient to consolidate precincts as well as polling places. It means less paperwork for poll workers to handle. It's a more efficient process. Motion to adopt carried 5 -2 with Fleetwood and Caskey- Schreiber opposed. 2. ORDINANCE TEMPORARILY AMENDING WHATCOM COUNTY CODE, TITLE 20, ESTABLISHING ADDITIONAL CRITERIA ON AN INTERIM BASIS FOR THE SITING OF COMMERCIAL COMPOSTING AS A CONDITIONAL USE WITHIN THE AGRICULTURE ZONING DISTRICT (AB2002 -191B) McShane gave a staff report and stated the Planning and Development Committee moved approval. Whatcom County Council, 5/21/2002, Page 6 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. 1 Caskey- Schreiber explained the background of the issue. The ordinance is an 2 attempt to do preventative action for commercial composting in Whatcom County. 3 They seem to be attracting businesses that want to do composting regionally, and 4 export to Canada. Due to the past negative experiences with Recomp, she tried to 5 take preventative action to help the citizens and neighbors out so they have 6 recourse and so the County is sure about where to locate the facilities. Currently, 7 there aren't a lot of siting criteria for these facilities, and there is not a distinction 8 between which types of composting facilities should be allowed in different 9 locations. 10 11 Nelson opened the public hearing and the following people spoke: 12 13 James LaHatt, Professional Engineer representing the Meadowbrook Water 14 Association. The association's initial concerns have been addressed in a letter to 15 the Hearing Examiner dated March 10, 2002. They have four major concerns. One 16 concern is the location of composting facilities within one mile of a public wellhead. 17 The second concern is that animal poultry waste and heavy metals from community 18 refuse are being incorporated into the compost. 19 20 (Clerk's Note: End of tape one, side A.) 21 22 LeHatt continued to state that the third concern is that composting facilities 23 are currently operating outside the law by operating in another name such as 24 transitory solid waste facility. The water association lost one of its sources due to 25 EDB contamination a number of years ago. It is painfully aware of contamination to 26 its water sources. If contamination occurs to the sole source wellhead now, it 27 would mean that they would have to take advantage of an inter -tie agreement with 28 the City of Lynden. The City of Lynden is experiencing its own water shortage and 29 couldn't possibly provide water to the Meadowbrook Water Association. They are 30 concerned about one operating facility now within one - quarter of a mile from the 31 system. He appreciates the Council's diligence regarding the Lake Whatcom 32 watershed. He appreciates the same diligence with respect to smaller water 33 associations. 34 35 McShane asked if they are in the process with the Hearing Examiner regarding 36 a proposed composting facility. LaHatt stated that is correct. 37 38 McShane asked Mr. LaHatt's perception on the current County code that the 39 Hearing Examiner uses for siting these facilities. He asked if the language in the 40 code is lacking. LaHatt stated the code is lax. 41 42 McShane asked the type of composting that the site near the water 43 association system is engaging in. LaHatt stated that as of Friday of last week, it 44 seemed that it was a plant residue, but it was extremely odoriferous, and did not 45 smell entirely vegetable in nature. 46 Whatcom County Council, 5/21/2002, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 asked if Mr. LaHatt has witnessed any composting facility mix in any drywall material. LaHatt stated he has not seen that. Thomas Williams, 8794 Northwood Road, stated he is a customer of the Meadowbrook /Meadowdale Water Association. He can't imagine putting a composting facility close to Lake Whatcom. His family drinks the water that comes from this Meadowbrook well. Composting facilities would be a high risk to contaminate the well and their source of drinking water. It is one - quarter mile away from the water table. North Whatcom County is a disaster for drinking water sources. His well went bad years ago, and he hooked up to the Meadowbrook system. If that goes bad, he doesn't know what he would do. The water association serves residents, dairy farms, and businesses. The economic loss to the businesses that derive their water from this site would be far in excess than the economic gain from a business. Connie Hoag, 2633 Halverstick Road, stated she heard a mushroom composting operation would open up at the gravel pit near her on Van Buren Road. The people she heard this from were assured that there were no permits or applications. She thought everything was taken care of. She went to that gravel pit to get crushed rock for her driveway, and smelled the worst smell she's ever smelled. The horrible stench was due to mushroom composting on the site. Neighbors are very intimidated by these people, and asked her to represent them out of fear of retaliation from the gravel industry. She signed a complaint that was marked confidential, and she got a call from Lynn Honcoop tonight. The only people who got copies of that complaint were the County councilmembers and the Planning Department. Something is wrong. The last time she went toe -to -toe with the gravel industry, her mailbox was blown up three times, people did wheelies in her lawn, and people would drive by honking a horn at 1:00 a.m. every morning. Her neighbors are afraid to say anything. There is a real problem out there. When Mr. Honcoop contacted her, he said he had a January 7, 1998 letter authorizing him to do mushroom composting in that pit. She contacted the Planning Department, which told her that no one had a permit to do anything there. She asked what is going on with that. Mr. Honcoop first used the term "sorting." Later he dropped that term. She asked Mr. Honcoop to fax her a copy of that letter, but he would not. Mr. Honcoop said he is disturbed by the manner in which the composting is occurring right now, so he told the people who are doing it to cease and desist. That is very convenient when there is a public hearing. They weren't supposed to be there in the first place. She didn't know when he is going to start back up again. The water association is right at the driveway to the gravel pit. Her neighborhood doesn't want what Recomp has it its neighborhood. Caskey- Schreiber stated she talked to Roland Middleton about that operation. Mr. Middleton thinks that they are not permitted, and they definitely did not apply for a mushroom compost permit. A lot of people slide a lot of things through under the guise of composting. Whatcom County Council, 5/21/2002, Page 8 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. 1 Hoag stated her neighbor, a dairy farmer, does manure composting. That 2 does not smell and is not a problem. This is mushroom compost. 3 4 Hal Hart, Planning and Development Services Director, stated that this is an 5 open investigation. He also stated confidential documents are kept confidential by 6 his staff. 7 8 Bill Whagter, 8747 Northwood Road, Lynden, stated he represents the 9 Meadowbrook Water Association. He's been on the board for 18 years. He has a 10 real concern for his customers. In 2 Y2 years, they've pumped 147 million gallons 11 of water out of that well. It's their only source of water. They have 147 users on 12 that line, including 26 dairies with an average number of cows from 200 to more 13 than 800. The boundary extends down the Van Buren Road and to the city limits 14 for Lynden. They cover approximately 15 miles of new water line. They cannot 15 afford to have this water contaminated by composting going on. No one can stand 16 the smell. He thought someone has to have a permit to start a composting plant 17 like that. There is no permit given. There are at least eight other individuals in the 18 area who have private wells. Most are shallow wells. They would be subject to a 19 lot of contamination. A couple of weeks ago, he heard about what was going on 20 and heard there will be a 60 -day moratorium. However, the composting plant 21 changed hands in the last two weeks. There are big bales of straw there that are 22 soaking things up. It smells. Lynden is low in water. They have to protect their 23 watershed. 24 25 Lesa Kroontje, 115 Front Street, Lynden, stated she knows nothing about the 26 operation happening on Van Buren Road, other than what she'd asked of the 27 County. She talked to Councilmember McShane about it last night. It has nothing 28 to do with the gravel industry as a whole. If one person, whose name is the same 29 as a gravel company's name, is doing something on his or her property, that does 30 not mean it is a gravel industry issue. The Sand and Gravel Association does not 31 promote illegal land use activities. The County is looking into that as a compliance 32 issue. 33 34 She is not here to discuss that issue. She is here about the same thing she's 35 talked about two weeks ago and this afternoon. That is ensuring that the 36 regulations the Council passes tonight differentiate between the various types of 37 composting that are allowed. Her main concern is to continue to move forward with 38 the recommendation of the Planning and Development Committee, which is to 39 reduce the buffer requirement from 1,500 feet, unless there is a bio- filter or other 40 technology, to 500 feet. Make the 1,500 feet buffer specific to a mushroom 41 composting facility instead of all types of composting facilities, given the fact that 42 there are a number of things that can be composted without being obnoxious and 43 that any composting operation that is a legal operation would go through the State 44 Environmental Policy Act (SEPA) review, permit review, critical areas review, and 45 the conditional use permit process. Appropriate buffers could be established at that 46 time. 47 Whatcom County Council, 5/21/2002, 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 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. It's unfortunate that there appears to be a mushroom composting facility occurring, which clouds this issue. That facility appears to be occurring on rural lands. This ordinance is only geared toward agricultural lands. She recommended that they move forward with the ordinance as presented, with the change that was made at the committee this afternoon. Hearing no one else, Nelson closed the public hearing. McShane stated the Planning and Development Committee recommended approval with an amendment to Council packet page 274, section 1(2), "20.40.164(2) At a minimum, mushroom composting facilities...." The distance would be set by mushroom composting. In hearing the testimony tonight, he has two concerns. He is concerned that the interim language deals with the threat of not having in place good criteria for composting by using the setback distances to attack the problem. One of the issues that was raised was mushroom composting, and that they should break it apart from other types of composting. Another type of composting to be concerned about involved using drywall material within the composting material. Drywall material is a source of sulfate, which leads to a reaction under anaerobic conditions of hydrogen sulfide, which is the rotten egg smell. It also does some weird chemistry to groundwater, which causes it to leach iron out of soil. He is worried there could be other problems that he doesn't know about. His concern about the language being proposed is water quality protection. He's not sure that the buffers do anything to protect that. There is a moratorium in place now. He suggested waiting a couple of weeks to set some criteria for water quality protection that needs to be included. Maybe add some additional language on nuisances. Think about this a little more. He is not comfortable that what the committee came up with will satisfy the concerns he's heard tonight. Brenner stated they should broaden and expand this ordinance. It's not just an issue of the odors. It's a question of other kinds of impacts. It was recently in the news that the City of Seattle had to relocate a lot of its clean green compost because they found that it was high in something that was hazardous. The same kind of thing happened in Eastern Washington. There is nothing that is necessarily benign. They don't have criteria for what "clean green" is. Solid Waste composting didn't work either. Step back and be more cautious. She didn't mind taking the extra two weeks. They are not affecting farmers composting as an accessory use to what they are doing. They are talking about new businesses that are not farmers. Get criteria for all the things they are concerned about in place before they allow it. Fleetwood stated this is an interim proposal, and asked about adopting the ordinance tonight and replacing or amending it at a later date with what they learn in the next couple of weeks. McShane stated they have a moratorium in place now. He preferred to set a better direction, and take the time to do that, than just use a buffer distance as a Whatcom County Council, 5/21/2002, 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 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. blanket approach that might not address the water quality issues. He needs some feedback from some people he wants to talk to, particularly the Health Department. Nelson suggested giving the administration direction on the information that the councilmembers need to make this decision. McShane stated the other problem here has been that he hasn't been able to discuss this outside of committee with Councilmember Caskey- Schreiber. She's worked hard on this, and has had a lack of help. Caskey- Schreiber stated her original intent was to address mushroom composting. The better educated she became about composting, the more red flags were raised. There is a proposal now to do composting in a gravel pit, which might be fine, but it is in an aquifer recharge area. If they are going to seal it, it creates a lot of impervious surface. At some point, there will be runoff. It's worth taking the six months to get a thorough investigation of this issue, and put forth something that will steer everyone in the right direction for future industry development. Brenner stated that if they do an interim ordinance with that amendment, then they allow businesses to be grandfathered in. The Council may come up with criteria for which those businesses won't meet. It's important that they have the best, most environmentally protective criteria in place before they say they are going to allow certain things. McShane moved to hold in committee for two weeks. Motion carried unanimously. Crawford asked if the threat to the Meadowbrook Water Association water source is being addressed. Hal Hart, Planning and Development Services Director, stated the enforcement process began a week ago. CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved approval of Consent Agenda items one, two, and four. Motion carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID # 02 -06 TO THE LOWEST RESPONSIVE BIDDER, HB HANSEN CONSTRUCTION, FOR REPLACEMENT OF WINDOWS IN THE OLD Whatcom County Council, 5/21/2002, Page 11 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. PORTION OF THE COURTHOUSE, IN THE AMOUNT OF $56,714.39 (AB2002 -204) 2. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NOS. 998006/998007 AND THE AWARD OF CONTRACT FOR THE RECONSTRUCTION OF LAKE TERRELL ROAD AND MOUNTAIN VIEW ROAD (AB2002 -205) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND WA STATE DEPARTMENT OF HEALTH (DOH), DELINEATING THE RESPONSIBILITY OF H &HS' ENFORCEMENT OF RULES PERTAINING TO PUBLIC WATER SYSTEMS AND RESULTANT COMPENSATION IN THE AMOUNT OF $36,850 (AB2002 -207) 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH H. B. HANSEN CONSTRUCTION, INC., AS THE LOWEST RESPONSIVE BIDDER, FOR THE CONSTRUCTION OF THE BAYVIEW DRIVE RETAINING WALL PROJECT IN THE AMOUNT OF $48,500 (AB2002 -208) Crawford stated the committee recommended approval with a 2 -1 vote. He so moved. Brenner moved to hold this for two weeks. A Point Roberts resident has statements from engineers that this does not need to be done the way they are doing it, and that they can save a lot of money by doing what these engineers say. The work isn't scheduled to be done until the autumn, so it's not time - critical. Crawford stated that the committee had this same discussion, and voted 2 -1 to recommend approval. Roy stated she was the committee vote against the recommendation. It is not as easy to give public input on these subjects as it is with other processes. There isn't a critical timeline. When a citizen goes to the trouble to provide input, they should give the citizen a chance to be heard. Dick Prieve, Assistant Director of Operations, stated they've only had two bids. This is the third year they've been trying to complete this wall. This time, there were only two bids. They are already delaying it past 30 days. This will create a further delay. They don't have any approval from the Department of Fisheries for the temporary wall that is in place right now. It was installed with the idea that it would be used as a footing for the permanent wall. Some of the homeowners would love to see that wall stay there. It cannot stay there. It has to come out. Whatcom County Council, 5/21/2002, Page 12 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 this person is not one of the homeowners. He is a taxpayer. The work won't start until the autumn. Fleetwood asked if there is any harm to holding it over for two weeks. Prieve stated he doesn't want to lose the contractor. If the contractor withdraws his bid, they are going to be in a jam. They won't make the window again. He believes the contractor will give approval for an extension. Roy asked the process for public input in something like this. Prieve stated there has been three years' worth of opportunity. Everyone up there knows exactly what they've done from day one. The permit states that the wall has to be moved. The only people who are affected are the three homeowners who are participating in the cost of the wall. They've signed agreements and are paying. McShane stated it went to the Flood Control Zone District Advisory Committee three years ago. It was recommended for approval to the Council. The Council approved it. They started working, and something went wrong with the contractor on the project. The only reason this is here is that they are trying to finish something that was previously approved. Brenner stated this is County money, and this fellow didn't know about it until now. It's not good enough public process to only include the three property owners who are contributing. They have an opportunity without much hardship on anyone to let this person bring his information forward. Prieve stated that if the Council chooses to go ahead, the Flood Advisory Committee is requesting that the County lower the commitment of the homeowners to the amount they originally agreed to, which would reduce the split from 80 -20 to 89 -11. The County would pick up more, but the homeowners would pay the same that they originally paid. Motion to hold in committee carried 4 -3 with McShane, Crawford, and Nelson opposed. 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY PUBLIC WORKS AND BEK ENGINEERING ENVIRONMENTAL, INC. FOR PHASE III Y ROAD LANDFILL, IN THE CONTRACT AMOUNT OF $152,248 (AB2002 -206) Brenner moved approval. Councilmember McShane brought up valid concerns about whether this project will really work. The wells were going into rock, and they weren't getting water quality samples. Her concern is that the Y Road landfill has historically been a problem for a lot of people and it's in the Lake Whatcom watershed. If they go forward with this, the Health Department believes they will have a better sense of whether or not there is contaminated leachate into the creek, which goes into Lake Whatcom. The County owes it to the people who are concerned about water quality in Lake Whatcom to get a more definitive answer. They need to make one attempt to do this. Whatcom County Council, 5/21/2002, Page 13 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. Crawford stated he supports the motion. (Clerk's Note: End of tape one, side 8.) Crawford continued to state that the committee moved to amend the budget request ordinance to remove the funding for the item they are talking about here. That motion failed. The budget ordinance was moved forward with the unanimous vote. Although it is highly questionable whether or not they will get a result that is negative, they need to proceed with the testing so they can address the community's concerns, which has been a contentious area of concern, and bring closure to the issue. An argument was made that this will lead to a recommendation of a very expensive capping or removal of the landfill material. He is prepared to deal with that issue if it comes up. Nonetheless, there is community concern about this landfill. These are necessary tests. Brenner stated she understood that the capping would eventually be required by the State. Regina Delahunt, Health and Human Services Director, stated part of this contract is to take a look at the Y Road landfill, and come up with an engineering plan and cost estimate for a cap. The State Department of Ecology will rank the Y Road 1 landfill on its contaminated sites list. As a result of that, the County may be required to take some future action, which could include capping. Brenner asked if the County may actually save money if it acts proactively by doing things now. Delahunt stated that is possibly so. They were talking about using some State funding that could be available, but it could cost the County more money because they'd have to enter into a consent agreement with the State. Nelson stated $152,000 is quite a bit of money. He lives in that neighborhood. He asked what they expect to get out of this. Delahunt stated the one question they haven't answered is whether the leachate from the landfill is having an impact on Carpenter Creek. The geo -probe tried to get samples. They got water from few holes, which is good in a lot of ways. There has been historical information that there is a shallow aquifer under this landfill. When they did the borings, they didn't hit water. The aquifer could be seasonal. By putting in the wells, they will get an answer to that question. If they put the wells in and they are dry, that is good news. If they get water in the wells that isn't contaminated, that is good news, too. Nelson asked if this would end the arguments, or just create more questions. Delahunt stated she believes it will end the arguments. If they put the wells in, find no water, or find uncontaminated water, it will end the arguments. At this point, she is not confident in saying that the landfill is not in some way impacting Whatcom County Council, 5/21/2002, Page 14 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. Carpenter Creek. Her gut feeling is that the impact is nothing or minimal, but she doesn't feel comfortable saying that. McShane stated he suggested putting a well in the landfill three years ago. They've spent a lot of money since then. He is a bit frustrated. It was frustrating for him to let staff know that geo- probing was not a good route to go, but they followed that route. As soon as the probe went through the landfill material, it hit rock. They have done two water samples on the creek. Except for slightly elevated iron, there is no indication of leachate getting into the creek. In his experience, if there is a leachate problem, it is seen. It is obvious. It is a matter of comfort, and that is the question. The question is how much they pay for certainty. He doesn't think they need to spend a lot more money. This approach puts in a lot of groundwater monitoring wells. There are a total of nine wells for both landfills. They are monitoring those landfills, and not the additional residential wells. They are trying not to do impervious surfaces in the watershed, but this would create a large impervious surface by covering it with a clay liner. The stormwater runoff may not be cleaner. They are creating a large impervious surface, which will create a change to the hydrologic regime of the creek. They will see increased runoff and erosion from that impervious surface. He's walked the creek at the time of year that it should be walked, and has not seen any evidence of iron or manganese staining the creek. He's seen that the creek was being purely fed by groundwater, and juvenile trout were thriving in it. There are a huge number of landfills throughout the state that aren't covered. Caskey- Schreiber stated the water quality is good in the deep groundwater. She doesn't know what is driving them to study it. Nelson stated some of the concern is that there were two fish -kills in Agate Bay. That is the thing that has raised a concern. Delahunt stated the mercury in the fish from the lake has also raised a concern. Nelson stated none of his neighbors have expressed a concern about their well water. Delahunt stated the deep aquifer is protected, and the water quality of the aquifer is protected. Caskey- Schreiber asked if the results of the mercury study would provide another indicator that there could be a problem. Delahunt stated she didn't think so. They need to do this, regardless of the results of the mercury study. They will analyze for mercury in the well. Motion carried 5 -2 with Nelson and McShane opposed. McShane stated they need to be careful when using hollow stem augers. They will have trouble drilling. OTHER ITEMS Whatcom County Council, 5/21/2002, Page 15 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. 1. RESOLUTION SUPPORTING A MORATORIUM ON MARINE SALMON NET PENS AND SUPPORTING WILD SALMON FISHERIES (AB2002- 202) Nelson stated this item was held in committee for two weeks. 2. ORDINANCE AMENDING WCC 2.120 RELATING TO THE MEETING SCHEDULE OF THE SURFACE MINING ADVISORY COMMITTEE (AB2002 -197) McShane reported for the Natural Resources Committee and moved approval. Motion carried unanimously. McShane stated the Natural Resources Committee recommended unanimously to recommend approval of the item Whatcom County Parks and Recreation Commission recommends the county enter into a partnership with the City of Bellingham and Whatcom Land Trust to acquire the Olsen Estate /Turner - Jaeger property using Conservation Future Funds (AB2002- 203). It is the 3.79 acre parcel located on Lake Louise Road in rural, one unit per two acres zoning district. He moved approval. Motion carried unanimously. 3. ORDINANCE AMENDING THE 2002 BUDGET, REQUEST #5 (AB2002- 198) Crawford reported for the Finance and Administrative Services Committee and moved approval. Motion carried 6 -1 with McShane opposed. 9. RESOLUTION AUTHORIZING THE DISTRIBUTION OF AT LEAST HALF OF THE FULL PAYMENT AMOUNT UNDER PL106 -393, ALLOWED BY HR2389, TO TITLE II PROJECT (AB2002 -212) Crawford stated the Finance Committee discussed this item and recommended approval. He so moved. Motion carried unanimously. 4. RESOLUTION INITIATING A DOCKETING OF A ZONING TEXT AMENDMENT TO ESTABLISH NUISANCES AS AN ADDITIONAL CONDITIONAL USE CRITERIA AND SETTING NEW CRITERIA FOR THE SITING OF COMMERCIAL COMPOSTING AS A CONDITIONAL USE WITHIN THE AGRICULTURE ZONE DISTRICT (AB2002 -191C) Whatcom County Council, 5/21/2002, Page 16 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 reported for the Planning and Development Committee and stated they will continue discussing this in the Planning and Development Committee. S. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN SPACE /OPEN SPACE AND OPEN SPACE /TIMBER (AB2002 -209) Brenner excused herself from the room. McShane stated one of the items is a request from Councilmember Brenner and her husband. McShane reported for the Planning and Development Committee and moved to approve all of the items. Ms. Brenner's property was designated forestry. Because it was subdivided, it is less than 20 acres, so it can't be designated as forestry anymore. The tax benefit is now becoming less, because of the way the property is divided. It is not an issue of appearance of fairness at this time. Motion carried 6 -0 with Brenner out of the room. 6. DISCUSSION REGARDING THE WRIA 1 WATERSHED MANAGEMENT PROJECT (AB2002 -085) McShane reported for the Planning and Development Committee and moved to approve the following information for the environmental impact statement (EIS) scoping meetings: • Wednesday, July 10 at Christ the King Church in Bellingham, and • Thursday, July 18 at Fire District 3 Station 1 training center in Lynden Motion carried unanimously. McShane stated the committee recommended to the full Council to give direction to support the inclusion of both direct and indirect economic sectors in the WRIA 1 analysis of economic factors. Brenner stated this will allow more flexibility in labeling the headings of the categories of the economic sectors. The Building Industry Association felt that construction was not highlighted as an economic sector. It was originally included under the heading of trades and services. They opened the heading descriptions up to include construction and other economic sectors. Motion carried unanimously. 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW LIQUOR LICENSE APPLICATION FOR GRAHAM'S STORE, 9989 MT. BAKER HIGHWAY, GLACIER (AB2002 -210) Whatcom County Council, 5/21/2002, Page 17 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. Crawford moved approval. Motion carried unanimously. 8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW LIQUOR LICENSE APPLICATION FOR SQUALICUM LAKE COTTAGE BED AND BREAKFAST, 4367 SQUALICUM LAKE ROAD, BELLINGHAM (AB2002 -211) Nelson moved approval. Motion carried unanimously. INTRODUCTION ITEMS Caskey- Schreiber moved to accept the Introduction Item. Motion carried unanimously. 1. ORDINANCE AMENDING THE 2002 BUDGET, REQUEST #6 (AB2002- 214) OTHER BUSINESS Nelson stated he had a concern that was brought forward by the Rustands regarding the animal control contract. The contract is going to expire. He asked for information. Dewey Desler, Deputy Administrator, stated the administration has been meeting with the Rustands regularly. The administration received a lot of written information today that it asked for. He briefed the Finance and Administrative Services Committee about this today. The administration is moving forward with an extension of the agreement. They are looking at the fee structure for many of the services that are provided, and incorporate a modest increase in fees as a way of reducing the County's general fund contribution to that service. Nelson asked if that could go before the Finance Committee. Desler stated it has. Nelson stated the Rustands raised concerns, and the Council needs to look at it. He doesn't want to chase people away from adopting pets. Desler stated the administration is trying to negotiate with the Rustands. If the Rustands would like to extend their negotiations to the Council, he'd be happy to have the Council take over the negotiations. That is what the administration was tasked with doing. The administration is trying to negotiate the contract. The Rustands may not like the administration's efforts to negotiate the contract. They may have some Whatcom County Council, 5/21/2002, Page 18 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. disagreements, and at some point they may not be able to come to a resolution, but he believes they still can at this point. Nelson asked the Council's role. Usually, the Council votes on the fee structure. Desler stated that is correct. Nelson stated there are usually discussions of that through a budget process. Desler stated that is true. Nelson asked if the administration is undertaking this on its own. Desler stated it is not. There are a number of fee changes that the administration will recommend. Nelson asked if this process would come to the Council. Desler stated it would. The administration will bring forward a recommendation for an agreement for the next year, and potentially revised fees for animal control and other things the County government does. That meeting is in June. Brenner asked if the revised fees would accurately reflect the cost for the service. Desler stated the fees will always be less than the cost for the service. Brenner asked why they don't make the fee equal the cost. Desler stated they would have a lot of resistance from the consumers. They wouldn't be able to support it. Brenner asked what the fees are for. Desler stated the County spends about $300,000 in general fund money to support this program. The Rustands collect another $80,000 in fees. They are spending $380,000 annually on this service. Fees only cover $80,000. Brenner stated that when someone's bad behavior costs the County, they should pay their proportional share. Whatever fees they use, they want to make sure fees cover the specific costs of what they are there for. It costs a lot to use this service. Maybe they need to separate out which fees are for what. People who are making the problem need to pay. Nelson stated that's why it needs to come to the Finance Committee. Caskey- Schreiber stated it would be good for them to have some incentive to create an adoption program. If some of the revenue is dependent upon income from adoption fees, they won't have to kill so many animals. She appreciated the administration going down this track. Desler stated the reaction from this provider is that there was an automatic extension that was to be executed if the County did not give them notice. The Executive chose to review the contract more diligently by issuing the notice. The administration had a choice to recommend a new request for proposals (RFP) Whatcom County Council, 5/21/2002, Page 19 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 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. process or to recommend a new contract. The administration is moving down the path at this point to recommend and negotiate a new contract. Nelson stated that is all he wanted was to find out how that was going to proceed. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Crawford stated he has been talking with the Executive's Office regarding the $30,000 it would take to mail the watershed gardening packets to everyone in the watershed. There was a suggestion that this is a perfect project for grant monies. He's doing research on that. He'd like to move forward with it. Looking for grant money from an environmental organization would be a great opportunity. Caskey- Schreiber stated the Northwest Air Pollution Authority (NWAPA) has fined Recomp $40,000 so far. Within the last three weeks, several fines are being levied each day they go out there, each fine in the amount of $7,500. Brenner asked how much has been collected. Caskey- Schreiber stated $26,000 has been collected. ADJOURN The meeting adjourned at 9:26 p.m. Jill Nixon, Minutes Transcription These minutes were approved by Council on June 18 , 2002. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON L. Ward Nelson, Council Chair Whatcom County Council, 5/21/2002, Page 20