HomeMy WebLinkAboutPublic Works June 26 20011
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WHATCOM COUNTY COUNCIL
Public Works and Capital Projects Committee
June 26, 2001
The meeting was called to order at 2:00 p.m. by Committee Chair Barbara
Brenner in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present:
Dan McShane
Absent:
Marlene Dawson
DISCUSSION AND RECOMMENDATION TO COUNCIL
1. DISCUSSION REGARDING THE AGREEMENT BETWEEN NORTHWEST
AIR POLLUTION AUTHORITY (NWAPA) AND WHATCOM, SKAGIT, AND
ISLAND COUNTIES FOR AN OUTDOOR FIRE PERMIT WARDEN
(AB2001 -164A)
Dewey Desler, Deputy Administrator, stated the administration does not
recommend entering into the three - county fire permit program. If the County is
going to carry forward with a program other than the eight -day general rule burn
program, some kind of permitting system needs to be set up. The Planning and
Development Services Division developed a proposal and program projections. If
the fee was to remain the same, the net cost to the General fund for the first
twelve month period would be about $5,700 and $3,600 in the second year. That
assumes a .6 full -time equivalent (FTE) employee, with the support of Warner
Webb and Fred Wefer.
The public would come in and file burn permits as they do today. It is a
limited, prudent response to the burn permit. It gives the County an opportunity to
consider an adjustment to the fees in the future, if they determine the costs go
beyond what they've estimated.
Brenner stated it goes against her grain to add more staff to the County, but
she didn't see any other way to do this. She talked to some of the fire chiefs, and
they don't want to do it. The fire chiefs don't have any ability to make people pay
fines or do anything. Of all the options, this looks like the best one to her.
Hoag questioned whether the projections include the $24,000 in projected
revenue for 2001. Desler stated they do not. That existing revenue is used to
support other expenses, such as staff time for taking in the permits.
Crawford questioned whether the fee has always existed. Desler stated the
fee has been there this year and last year. The fee is $50.
Warner Webb, Fire Marshal, stated a residential burn over the four foot by
four foot pile is a $50 permit that allows however many days needed to burn. The
Public Works and Capital Projects Committee, 6/26/2001, Page 1
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commercial burn is a $50 per day fee. A fire inspection is done every day on a
commercial burn. People concentrate on burning better when they know there is
an inspection.
Crawford stated he didn't know of people who ever get a permit. Webb
stated he responds to complaints. They will do public education to follow up on
complaints.
Brenner moved to accept the option recommended by the administration.
She thanked the administration for its work.
Motion carried unanimously.
Desler stated they would take this issue through the Finance Committee.
Hoag stated they still need to discuss the memorandum of agreement (MOA)
with the Northwest Air Pollution Authority ( NWAPA) on Council packet page 117.
Brenner stated the committee decided to recommend the administration's
recommendation to the full Council instead.
Hoag stated the administration recommendation is in addition to the MOA.
At the last NWAPA meeting, Skagit and Island counties decided they would rather
have a separate MOA from Whatcom County, since Whatcom County is not joining
the three - county program. This agreement is the same as what the Council
approved at its previous meeting, but it is only for Whatcom County. This
agreement is different under section three, which specifies that NWAPA will provide
$43,000, prorated to each county based on the unincorporated population census
data. That wasn't specified in the previous agreement. Now, they will know how
much the County will receive. The Council should also amend the agreement to
reflect that NWAPA will provide $19,000 one time for a vehicle. That agreement
should be added to section 3(d).
Brenner moved to amend the MOA on Council packet page 117 to add
$19,000 to section 3(d).
Motion carried unanimously.
Brenner moved to recommend approval of the MOA on Council packet page
117, as amended to the full Council.
Desler stated he wanted to confirm that the MOA is what they agreed to,
because he just received the agreement today.
Hoag stated the Council has a copy of the new agreement.
Brenner withdrew her motion to recommend the amended MOA so Mr. Desler
could review the agreement. She would bring it forward to the full Council.
Public Works and Capital Projects Committee, 6/26/2001, Page 2
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2. DISCUSSION AND FORMULATION OF RECOMMENDATION REGARDING
JUNK YARDS (AB2001 -119)
Brenner stated she got direction in committee a couple of months ago to
work on this. She contacted the administrative staff, who felt she needed to go
through the County Executive to do this. The committee needs to work on this with
staff. Administrative staff has dealt with some of the problems. She wants to
make a recommendation to the full Council to request the administration bring
forward a recommendation for a junkyard ordinance, if the administration believes
that what is in place is not adequate. She received an email that explains the
process, which she read into the record. She didn't like the idea of dumping this in
the lap of the State Department of Ecology (DOE). One concern of staff is that
there is not a clear standard on the number of junk cars allowed. She would also
like to see something that the County can do instead of put a site on the DOE
contaminated site list. The County needs to have some kind of jurisdiction to do
clean up on a property. Administrative staff has been frustrated because the
regulations are not tight enough.
McShane questioned what the specific problem is that Councilmember
Brenner and the public perceive. The concern of the Health Department is health.
That may not necessarily be the only problem with junkyards in a neighborhood.
Brenner stated she talked to someone in the Planning and Development
Services Department. There are two major concerns. One is an aesthetic and
nuisance issue. The other is a public health issue. Both issues need to be
addressed She was concerned about going through an identification process and
then turning it over to DOE. She would like a more expedient process. She wanted
to be able to work with administration on this, and the request should come from
the Council.
Hoag asked if junkyards are a conditional use.
Roland Middleton, Land Use Division Manager, stated there is not a definition
for junkyards. That is one of the issues. If it is private property, it is not a
violation to have a messy yard. If this comes forward, they will define what a
junkyard is. An auto wrecking yard that is a commercial business is allowed by a
conditional use in certain zones.
Hoag questioned whether a person could line up many junk cars on his or her
property. Middleton stated the person could until he or she makes a sale or has a
customer. Collecting hulks as a recycler is a business.
Brenner stated a suggestion is to set a limit on the amount of junk cars
allowed on a property. A junkyard ordinance could address screening. The other
issue is public health. The County doesn't have anything right now.
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Hoag suggested that the definition include anything over a certain number of
cars being a classified as a junkyard.
Middleton stated there are people who are collectors and restore old cars that
are legitimate. If the Council moves this forward to the administration, provide an
idea of what they are really talking about.
Brenner stated they are talking about potential public health problems and
nuisances. An ordinance can require screening, even if it is not a public health
issue. Middleton stated that if a person violates the zoning code he could ticket
that person twice, and then issue a criminal violation.
Hoag stated that they have to docket a change to the zoning code by June
II
Chesson stated there is an ordinance on the books, WCC 8.32. An
amendment to that ordinance can be done instead of amending the zoning code.
Brenner stated she wanted to be flexible or tighter depending on the zones.
McShane stated he doesn't have a good idea of what the problem may or
may not be. He was interested in finding out, but he didn't have an idea on what
direction the Council should go. He was not comfortable docketing anything today.
He wanted to know from staff in what situations they have complaints and cannot
do anything about. He has not gotten any complaints about junkyards. The other
issue would be to look at the ordinance that may be applicable right now.
Brenner agreed that they don't want to be rushed. She asked if WCC 8.32
would have to be docketed. Middleton stated only changes to the zoning code may
have to be docketed.
Brenner questioned whether they could identify the zones in Title 8 of the
code. Middleton stated they could identify parcel sizes.
Brenner stated she would like recommendations from the Public Works
Department and the Fire Marshal. Chesson stated the Sheriff also needs to be
involved because the Sheriff's Office would enforce the ordinance.
Brenner questioned whether the staff would object to working on this.
McShane asked if the staff gets these complaints very often. Chesson stated
they get a few complaints, but it is a small number.
McShane asked if there are complaints that do not turn out to be health
problems. Chesson stated there are.
Middleton stated his department is also keeping an eye on a few things, but
there is nothing they are going to spend time on until someone violates the
Public Works and Capital Projects Committee, 6/26/2001, Page 4
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regulations. They don't receive a great number of complaints, but it is very
frustrating because they can't do anything about the problem.
Warner Webb, Fire Marshal, stated he has received many complaints from
fire chiefs. A specific section in the fire code deals with auto wrecking yards, but it
doesn't address the number of vehicles allowed. There are fire and life safety
issues. A lot of the code is written, but the thresholds need to be given.
Brenner stated they are also dealing with other potentially hazardous
nuisance items.
Paul Holtzheimer, 2834 Birch Bay - Lynden Road, stated two issues are the
people with abandoned vehicles and the neighbors. Whatcom County could get a
proliferation of commercial auto wrecking yards and junkyards without a definition
of what they are. He urged the Council to amend the WCC Title 8.32 to limit the
occurrence of commercial junkyards to one every two miles.
(Clerk's Note: End of tape one, side A.)
Holtzheimer also stated there should be screening of the abandoned cars.
There should be a limit to the number of non - running cars, hulks, and automobile
parts that are on a parcel of property. At Kickerville and Birch Bay - Lynden roads,
there is a parcel of property owned by people who are bringing in more cars every
day. It is unregulated and is getting out of hand. There is a similar area near the
Custer Sportsman's Club. Amend the ordinance to cover the distance between
facilities, limit the number of vehicles a person can have without screening or a
license, and monitor a facility to make sure there is no leakage into streams and
creeks.
Hoag questioned whether Mr. Holtzheimer recommended a certain distance
between junkyards only in certain zones. She questioned whether it mattered if the
junkyards are located in an industrial zone. Holtzheimer stated it depends on what
they want to see in an area. In other counties, they are clustered together, one
right after another. No one wants to live there.
Hoag stated they may not impact as many neighbors if they were in one
location. She would not want to see something like that in the middle of a
residential area. That is why it may be okay in an industrial area. Holtzheimer
stated he would not want to see the two locations he talked about right next to
each other. There are 20 to 30 abandoned vehicles at each one of those locations.
Hoag suggested they might want to allow junkyards in rural areas as long as
they are two miles apart from each other. Holtzheimer stated they need to create
regulations. There are no regulations now, unless there is a health hazard.
Brenner stated a site is turned over to the State rather than the County
having the ability to do anything about it.
Public Works and Capital Projects Committee, 6/26/2001, Page 5
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Holtzheimer stated his main fear is that this is not resolved right away.
McShane stated the Council needs to review some of the ordinances. It's
okay for the Council to talk about aesthetics sometimes.
Brenner moved to recommend that the Council request the administration to
allow the Planning and Development Services Department, Health Department, and
Sheriff's Office to bring forward draft proposals regarding junkyards.
Middleton asked for a definition of what they mean by junk.
McShane stated it would be helpful to him to see examples from other
communities. Middleton stated there wasn't such an example last fall at a
conference he attended that included many other jurisdictions. Many other
jurisdictions are struggling with this now.
Brenner stated she wanted to get from the administration any concerns staff
has about where the current ordinance is not working, what is frustrating, and a list
of the ordinances that touch on the issue. Middleton stated this issue was brought
up by his compliance officer about the limitations the County has regarding
regulating this kind of activity. There are about a hundred different changes the
staff wants to see. The County has a handful of planners. Before he spends any
time on it, direction has to come from the Council through the Executive. When he
has that direction, he will do all the research that is necessary.
McShane stated it might be good to hold this in committee for now, until the
councilmembers can give this some thought and give clearer direction to staff. He
asked for time to think about what the councilmembers specifically want to go
after. He wanted to gather more input also.
Brenner stated she wanted to know from staff the frustrations they've
encountered. That is all she's asking for now.
McShane stated the way to do that would be to hold this in committee.
Brenner stated her motion is to just request from staff information on the
problems they are having. She would ask for a list of concerns and problems that
they've had in dealing with junk in yards.
Holtzheimer stated they need to be careful not to tromp on individual rights.
He would appreciate the Council allowing input from private citizens. Also, if this is
made too public too fast, these places will haul in a lot of cars quickly to
grandfather them in.
Brenner stated the hulks would not be grandfathered in if they run it through
the Health Code.
Public Works and Capital Projects Committee, 6/26/2001, Page 6
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Middleton stated they would have to give the person a certain amount of
time to comply.
Hoag asked if it would take a year if it requires a zoning change, and the
Council doesn't approve it before June 30. Middleton stated he didn't know.
Brenner stated they could expand upon the existing code without changing
the zoning.
Middleton stated it would be appropriate to spend a year getting it done
right. It is not something he is in a hurry to do.
Brenner moved to request from the administration information on major
concerns regarding non - commercial junkyards.
Motion carried unanimously.
ADJOURN
The meeting adjourned at 3:07 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works and Capital Projects Committee, 6/26/2001, Page 7