HomeMy WebLinkAboutCouncil March 23 19931
2 WHATCOM COUNTY COUNCIL
3 Regular Meeting
4
5 March 23, 1993
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7 The meeting was called to order at 7 p.m. in the Council chambers, 1000 N.
8 Forest St., 2nd floor, by Marge L.aidlaw, Chair.
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10 Also present: Absent:
11 Barbara Brenner
12 Larry Harris
13 Ken Henderson
14 Bob Imhof
15 Dennis Vander Yacht
16 Dan Warner
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18 READING AND APPROVAL OF MINUTES
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20 The minutes of the February 23, 1993, meeting were approved as presented.
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22 Terry Galvin announced two special wetland tours, scheduled for March 26, and
23 April 2 and 3.
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25 OPEN SESSION
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27 Frank Winslow, 433 17th Street: Commented on the Northwest Regional Council
28 and the revised articles of interlocal agreement which have recently been received by the
29 Council. He asked that the Council approve the document.
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31 Jay Taber, 1212 Raymond St.: (AB93 -001A) Updated the Council on the
32 progress of the Non - motorized Transportation Program. He stated that the
33 implementation of the program has not been addressed to date. He feels that there may
34 be some misunderstanding in regards to grant preparation and grant administration.
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36 Jean Bouma, Developer of the Bellaire Estates -Subdivision: (AB92 -372A) He
37 spoke to the Bellaire Estates appeal which is before the Council tonight and asked for
38 the Council support on this issue.
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40 Dave Owen, 3417 Mountain View Rd.: (AB93 -031) Spoke to the spreading of
41 compost by RECOMP. He presented the Council with a petition containing over 300
42 signatures of folks in opposition of the spreading of the compost. He asked the Council
43 for an update on any action that has taken place in regards to RECOMP since the
44 compost issue was last discussed by the Council.
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6 Brenner reported that the Solid Waste Advisory Committee will be holding a
1 meeting to discuss all the concerns brought forth on this issue and are trying to get the
2 concerns answered in writing before the meeting on April 15.
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4 Steve Irving, 1622 North Star Rd.: (AB93 -001A) He stated that he has heard of
5 some problems with the matching funds for the Paths and Trails Program; he hopes that
6 what he has heard is not true. He is very much in favor of the trail program as it is was
7 developed over the last two years.
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9 Nancy Keene, 8216 Delta Line Rd.: (AB93 -031) She wanted to inform the Council
10 that the Department of Ecology has eliminated four of the twelve positions in its Waste
11 Reduction /Recycling Section which employed the folks who have been developing the
12 guidelines for compost. These folks have been the driving force behind including health
13 and environmental considerations in the State guidelines. She added that the elimination
14 of these positions came about just days after ' a controversial meeting which was held in
15 order to present the proposed guidelines to an external advisory committee which
16 included the Whatcom County Health Department and RECOMP. One week before the
17 four positions were eliminated, the Department of Ecology announced that the compost
18 guidelines would not be released as planned and would be delayed for another month.
19 Also, the six city hearings which were scheduled to be held around the State have been
20 cancelled and tentatively rescheduled for the end of May. She feels that, in light of these
21. new developments, the County may need to start from scratch on this issue in order to
22 determine what the County will require in order to protect public health when dealing
23 with the spreading of compost. She asked that each Council Member make a special
14 effort to come to the SWAC meetings and get all the facts.
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26 Rita Foley: (AB92 -082) She is very worried about the south end of Lake
27 Whatcom. She stated that property owners around the Lake are building large bulk
28 heads which will eventually destroy the Lake. She presented the Council with pictures of
29 some of the work that has been going on around the Lake (to be viewed only, not on
30 file).
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32 Mike McGlenn, 1579 Emerald Lake Way: (AB93 -001A) He is a member of the
33 Whatcom County Chapter of the Back Country Horseman and is representing a group of
34 trail riders who have been involved with creating the trail systems within the County. He
35 stated that his group is involved with volunteer work on the trails, including trail -head
36 work, and clean up of garbage from the Lake. His group fully endorses the importance
37 of the Paths and Trails project.
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39 Tom Limbvog, 2315 38th St.: (AB92 -058E) Spoke to problems in getting building
40 permits due to the Critical Areas Ordinance (CAO). It took six months for him to get his
41 building permit, and he feels the delay was due to the fact that his property falls within a
42 critical area and a wetlands plant was found on neighboring property. He was asked to
43 have a wetlands study done on his property before his permit would be processed. He
44 was asked to set up a meeting with Buildings and Code Manager Nate Brown to discuss
Council Minutes, 3123193, Page 2
1 this in greater detail.
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3 Brown stated that he would be the first one to admit that the CAO complicates
4 the lives of many people. He stated that if a wetlands plant is found on a piece of
5 property, then a wetlands study needs to be done before a building permit will be
6 processed.
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8 Ken Wilcox: (AB93 -001A) Spoke in support of the Paths and Trails issue and
9 suggested that the steering committee, which was recommended in the plan, could meet
10 in order to get things going. He stated that non - motorized transportation is very
11 important to this County. He feels that a penny on the dollar from the transportation pie
12 could be wisely used for non - motorized transportation.
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14 Susan Struthers: She landlocks a Whatcom County trail and feels that the County
15 should buy her property. She stated that the trail has been published in the
16 Mountaineers Magazine as going all around Lake Whatcom, which it does not. Many
17 people trespass through her property to get to the other side of the trail and her home
18 has been vandalized twice in the past, the last time was two weeks ago when her home
19 was devastated. She asked that this issue be brought before the Finance and Personnel
20 Committee for discussion of options.
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22 WARNER MOVED THAT THE COUNCIL SEND A MEMO TO COUNTY
23 EXECUTIVE SHIRLEY VAN ZANTEN AND THE SHERIFF'S DEPARTMENT
14 EXPRESSING MS. STRUTHERS CONCERNS OF VANDALISM, BURGLARY,
25 AND TRESPASSING AT THE STRUTHERS' HOME AT THE END OF THE LAKE
26 WHATCOM TRAIL. PLEASE DIRECT THE PARKS DEPARTMENT TO POLICE
27 THE TRAIL AND RE- INVESTIGATE THE POSSIBILITY OF PURCHASING THE
28 PROPERTY OR A PROPERTY TRADE.
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30 Laidlaw asked Ms. Struthers to please summarize her concerns in writing and
31 send them to the Council so that this motion can be forwarded to the appropriate
32 people.
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34 The motion carried unanimously.
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36 Hearing no one else, Laidlaw closed the Open Session.
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38 HEARINGS
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40 1. ORDINANCE REGARDING THE MATTER OF ORDERING THE
41 CLOSURE OF ROOSEVELT ROAD EAST AND WEST OF ITS
42 INTERSECTION WITH TYEE DRIVE -POINT ROBERTS (AB93 -079)
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44 Laidlaw opened the public hearing.
Council Minutes, 3123193, Page 3
1 Ed Henken, County Engineer, gave an overview on the closure of Roosevelt Road
2 and Tyee Drive - Point Roberts, identifying the need for the closure and the desire of
3 the government to install a PACE lane for rapid access to the border crossing. He
4 outlined the background of the ordinance. Henken introduced Mr. Jerry Blotsky, Station
5 Director for the U.S. Immigration Service, and Mr. Eberhardt of U.S. Customs. Laidlaw
6 introduced Mr. Bud Blankenship from the Pt. Roberts Citizen's Transportation Advisory
7 Committee.
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9 There was discussion on this item by the Council.
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11 Blotsky: He stated that he had spoken to the people of Pt. Roberts to find out if
12 they were interested in having a PACE Lane. He was told yes, so he has been working
13 on this for over a year, trying to get funding etc. He stated that he has been authorized
14 funds but must come up with an answer on this issue by March 31 or give the money
15 back, and Roosevelt Rd. is an impediment to the PACE lane.
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17 There was discussion on this issue. Topic discussed: whether or not the funding
18 depended on immediate closure of Roosevelt /Tyee or if promised closure simultaneous
19 with the opening of the PACE lane would be satisfactory. Blotsky could not commit his
20 bosses.
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22 Eberhardt: He stated that information needs to come from the Council in order
23 for this to move forward. What they need is for Council to commit to the closing of the
?4 roads.
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26 There was discussion by the Council Members.
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28 Dan Levy, member of the Citizen Transportation Advisory Committee in Pt.
29 Roberts representing the fire district: He acknowledged a lot of community opposition
30 to the closure, but that the Committee had met last Saturday and concluded that they
31 support the closure to accommodate PACE lanes, but would prefer lanes going both
32 north and south. Closing Roosevelt but having a PACE lane only one direction would
33 impact ingress /egress for those living in the community. The Committee asked the
34 Council amend the proposed Ordinance to read that the closure could only happen if the
35 Pace lanes are opened in both directions. Another proposal would be a Washington
36 license permit lane which would use part of Roosevelt.
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38 Bud Blankenship, Chair, Pt. Roberts Citizen Transportation Advisory Committee:
39 Stated that he has attended many committee meetings regarding Point Roberts
40 transportation and that the people of Pt. Roberts are not in favor of this unless both
41 PACE lanes are opened at the same time. Tyee Road does not have a spare lane to
42 dedicate to a PACE Lane. To close the road will only create more problems. The Pt.
43 Roberts people do not want Roosevelt closed. They have another plan in mind that
44 would satisfy the people of Point Roberts, along with the School District, the Fire
Council Minutes, 3123193, Page 4
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Department, and the Sheriffs Department. This plan, in resolution form, is being held
up in legal at this time. They hope to present their resolution to the Council in the near
future. He stated that he would like to see the Council remove this item from the
agenda tonight because at this time there is no certain plan for the PACE lanes. Take
this and wait until the details are worked out and the Committee's proposal finalized..
Renee Coe, Resident: She asked that the Canadian property owners be
considered so that all residents of Pt. Roberts, not just those with WA plates, would be
included in the permit lane. She stated that Canadians pay taxes as well and should be
included in this. She asked the Council to come to Pt. Roberts to hold a public meeting.
She said she would never approve closing Roosevelt entirely; it is an important access
road and needs to be kept open.
Blankenship: He stated that the Committee has changed the time and dates of
their meetings in order to accommodate all involved.
Allison Neeley: She stated that she does not agree with permit lane for everyone
who owns property; Pt. Roberts has about 500 permanent residents, but about 3,000
summer residents. She stated that it is the permanent residents who need the special
permits for commuting, a Washington license plate only.
Lola Loreen, 260 Tyee Dr.: She stated that she does not want the Council to
allow the closing of Roosevelt. She expressed some reservations about how the Citizen's
Committee has functioned and about the quality of the representation on the Committee.
She would also like to have the Committee make certain that the residents are receiving
full information about what is going on.
Susan Struthers, Realtor: She stated that the Canadians who live in Pt. Roberts
should be allowed all of the benefits and rights of the Americans who live there.
Robert Neeley: Stated that he lives on the point and travels through the border
four times a day, sometimes seven days a week. He supports the WA only permit lane to
recognize those who do commute. Roosevelt, though, should not be closed.
Bill Geyer, Cutter Pacific, Box 1804, Bellingham: He represents the property
owners who own property at the intersection of Roosevelt and Tyee. His clients own a 50
acre parcel which is currently under review for a conditional use permit to construct a
golf course. He stated that he does not feel that the east side of Tyee Rd. should be
closed, that the potential for widening Bentson Rd. exists, and alternatives exist for
handling Roosevelt Rd.
Hearing no one else, Laidlaw closed the public hearing.
LAIDLAW MOVED TO TABLE THE ORDINANCE INDEFINITELY WITH
Council Minutes, 3123193, Page 5
THE UNDERSTANDING THAT THE PT. ROBERTS CITIZENS COMMITTEE ON
TRANSPORTATION WILL DISCUSS THIS WITH THE COMMUNITY AND
OTHER AGENCIES, AND MAKE A RRECOMMENDATION TO THE COUNCIL.
The motion carried unanimously.
2. ORDINANCE REGARDING THE MATTER OF REMOVING STOP
SIGNS ON HAMPTON ROAD (AB93 -078)
Laidlaw opened the public hearing.
Nasser Mansour, Engineering Dept., stated that there would be a road
reconstruction of this area this summer.
Hearing no one else, Laidlaw closed the public hearing.
WARNER MOVED APPROVAL OF THE ORDINANCE.
The motion carried unanimously.
OTHER ITEMS
1. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON
A PRELIMINARY PLAT, 'BELLAIRE ESTATES," PLS91 -6, FILED BY
JOHN GILLIES, ET. AL. (AB92 -372)
WARNER MOVED TO AFFIRM THE HEARING EXAMINER'S DECISION,
WITH MODIFICATIONS.
The motion carried 6 -1 with Brenner opposed.
2. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON
A PRELIMINARY PLAT, "BELLAIRE ESTATES," PLS91 -6, FILED BY
COUNTY ENGINEER ED HENKEN (AB92 -372A)
WARNER MOVED TO AFFIRM THE HEARING EXAMINER'S DECISION,
WITH MODIFICATIONS.
The motion carried 6 -11 with Brenner opposed.
3. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON
HEARING EXAMINER FILE NO. CU92 -22, FILED BY FRANCIS J.
DUDECK (AB92 -368)
Council Minutes, 3123193, Page 6
HARRIS MOVED TO AFFIRM THE HEARING EXAMINER'S DECISION.
The motion carried unanimously.
4. RESOLUTION TO FORMALIZE THE CRIMINAL JUSTICE GROUP
PURSUANT TO RCW 72.09.300 (AB93 -086)
BRENNER MOVED APPROVAL OF THE RESOLUTION.
The motion carried unanimously.
5. BID AWARD RECOMMENDATION FOR BRIDGE TIMBERS AND
PILING TO THE LOW BIDDER, PACIFIC SOUND RESOURCES FOR
TIMBER PILING AT $26,035.63, AND BRIDGE CAPS AT $15,560.13,
BOTH INCLUDING SALES TAX (AB93 -092)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
6. BID AWARD RECOMMENDATION FOR DRYDOCK OF THE
WHATCOM CHIEF TO THE LOWEST RESPONSIVE BIDDER,
MARITIME CONTRACTS, INC. IN A TOTAL AMOUNT OF $859863
(AB93 -093)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
7. BID AWARD RECOMMEND FOR RELOCATION OF COUNTY
OFFICES TO THE NEW COURTHOUSE ADDITION /REMODEL
FROM THE STATE CONTRACT TO SWAN'S MOVING AND
STORAGE, AGENT FOR ALLIED VAN LINES, FOR $47,713 (AB93-
094)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
Council Minutes, 3123193, Page 7
8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN EXTENSION OF THE CIVIC CENTER BUILDING
OFFICE LEASE AGREEMENT FOR THE PROSECUTING
ATTORNEY'S OFFICE WITH ALAN E. AND BRENDA CLAMMER
FOR $14,093.10 (AB93 -096)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH DAVID I. HAMLIN &
ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES FOR
THE DESIGN OF THE SIGNALIZATION OF HANNEGAN AT EAST
BAKERVIEW ROAD FOR $13,930 (93 -097)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
10. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH WHATCOM COUNSELING
& PSYCHIATRIC CLINIC FOR $76,840 FOR MENTAL HEALTH
SERVICES (AB93 -098)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
11. ORDINANCE AMENDING THE 1993 BUDGET (AB93 -080)
Henderson reported for Finance which voted to hold it in Committee. Henderson
presented the background for the decision.
Imhof brought the item forward.
HENDERSON MOVED THE ADOPTION OF THE ORDINANCE.
Council Minutes, 3123193, Page 8
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IMHOF MOVED TO AMEND THE ORDINANCE BY (1) DELETING LINE
17, THE ASSESSOR'S LINE ITEM (2) DELETING LINE 18, THE AUDITOR'S LINE
ITEM AND (3) SUBTRACTING APPROXIMATELY $19,000 FROM LINES 23 AND
24, THE CONTRACTUAL SERVICES.
There was discussion of the issue. At Henderson's request, Laidlaw agreed to take
the vote on each item separately.
The motion to delete line 17, the Assessor's line item carried unanimously.
There was further discussion on the ordinance and on the budget.
The motion to delete line 18, the Auditor's line item failed 3 -4; with Brenner,
Laidlaw and Vander Yacht in favor.
The motion to subtract approximately $19,000, that is, make the necessary
arithmetic corrections as approved above, from lines 23 and 24 carried unanimously.
Henderson's motion to adopt the ordinance, as amended, carried unanimously.
12. RESOLUTION REQUESTING THE RECONVEYANCE OF CERTAIN
FOREST BOARD LANDS ON CHUCKANUT MOUNTAIN FROM
THE DEPARTMENT OF NATURAL RESOURCES TO WHATCOM
COUNTY AS PER RCW 76.12.070 (AB92 -195A)
Warner reported for Planning and Development and recommended approval.
HE SO MOVED.
The motion carried 6 -0, with Imhof out of the room.
13. NEW APPOINTMENT OF FRED KENNEDY TO THE COUNTY
APPEALS BOARD COMPLETING AN UNFILLED VACANCY
REPRESENTING THE CONSTRUCTION INDUSTRY. THE TERM IS
EFFECTIVE IMMEDIATELY AND RUNS TO 12/31/94 (AB93 -100)
BRENNER MOVED THE APPOINTMENT OF FRED KENNEDY TO THE
COUNTY APPEALS BOARD.
The motion carried unanimously.
14. NEW APPOINTMENT OF HELEN HARRIS TO THE
DEVELOPMENTAL DISABILITIES BOARD FOR A THREE -YEAR
TERM FROM 1/1/92 TO 12/31/95 (AB93 -100)
Council Minutes, 3123193, Page 9
BRENNER MOVED THE APPOINTMENT OF HELEN HARRIS TO THE
DEVELOPMENTAL DISABILITIES BOARD.
The motion carried unanimously.
15. NEW APPOINTMENT OF CARL WEIMER TO THE
DEVELOPMENTAL DISABILITIES BOARD FOR A THREE -YEAR
TERM FROM 1/1/93 TO 12/31/95 (AB93 -100)
BRENNER MOVED THE APPOINTMENT OF CARL WEIMER TO THE
DEVELOPMENTAL DISABILITIES BOARD.
The motion carried unanimously.
16. NEW APPOINTMENT OF MAUREEN GODWIN TO THE
DEVELOPMENTAL DISABILITIES BOARD FOR A THREE -YEAR
TERM FROM 1/1/93 TO 12/31/95 (AB93 -100)
BRENNER MOVED THE APPOINTMENT OF MAUREEN GODWIN TO
THE DEVELOPMENTAL DISABILITIES BOARD.
The motion carried unanimously.
17. NEW APPOINTMENT OF ROSLYN KANTOR TO THE MENTAL
HEALTH ADVISORY BOARD FOR A THREE -YEAR TERM FROM
1/1/93 TO 12/31/95 (AB93 -100)
BRENNER MOVED THE APPOINTMENT OF ROSLYN KANTOR TO THE
MENTAL HEALTH ADVISORY BOARD.
The motion carried unanimously.
18. NEW APPOINTMENT OF ADRIANNE HUNTER TO THE MENTAL
HEALTH ADVISORY BOARD TO COMPLETE THE TERM OF A
MEMBER WHO RESIGNED, EFFECTIVE 12/31/93 (AB93 -100)
BRENNER MOVE THE APPOINTMENT OF ADRIANNE HUNTER TO
THE MENTAL HEALTH ADVISORY BOARD.
The motion carried unanimously.
BRENNER MOVED TO REARRANGE THE AGENDA AND MEET AS THE
Council Minutes, 3123193, Page 10
HEALTH BOARD BEFORE HEARING REPORTS AND OTHER ITEMS FROM
COUNCIL MEMBERS.
The motion failed 5 -1 with Brenner in favor and Imhof out of the room.
INTRODUCTION
1. RECEIPT OF APPEAL ON HEARING EXAMINER FILE #CUP -0045,
FILED BY WALTER AND BEVERLY GUNDERSON (AB93 -083)
2. RECEIPT OF PETITION TO VACATE A PORTION OF GULF ROAD,
FILED BY J.M. SHECKTER (AB93 -085)
3. RECEIPT OF PETITION TO VACATE FOREST & SECOND
STREETS, AND A PORTION OF FIRST STREET, FILED BY JOHN
WILSON (AB93 -087)
4. RECEIPT OF PETITION TO VACATE AN ALLEY OFF SEHOME
AVENUE BETWEEN BLOCK 1 AND 2, FILED BY DEAN W. CURTIS
(AB93 -088)
5. ORDINANCE TO AMEND ORDINANCE 92 -050 TO REFLECT THE
INCREASED COST OF PROVIDING THE REPUBLISHED COUNTY
CODE (AB93 -084)
6. ORDINANCE AMENDING THE 1993 BUDGET (AB93 -099) B &C
REQUEST
7. ORDINANCE REPEALING ORDINANCE 93 -004 TO AMEND THE
1993 PATHS & TRAILS FUND BUDGET (AB93 -001A)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
1. RESOLUTION DECLARING APRIL 4 -10 PUBLIC HEALTH WEEK
(AB93 -102)
LAIDLAW MOVED APPROVAL OF THE RESOLUTION.
The motion carried unanimously.
HENDERSON MOVED THAT THE COUNTY COUNCIL REQUEST THE
AUDITOR TO REVIEW THE CURRENT EXPENSE MONIES IN THE
ENTERPRISE FUNDS OF SOLID WASTE AND PROVIDE THAT INFORMATION
TO THE FINANCE COMMITTEE.
Council Minutes, 3123193, Page 11
1 The motion carried unanimously.
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3 Paths & 'hails (AB93- 001A): Henderson reported that the ISTEA grants are
4 moving forward as scheduled according to reports from Roger deSpain and the Parks,
5 Board.
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7 Next meeting date: Laidlaw spoke to the need to decide on the next meeting date.
8 The Council needs to meet to discuss the litigation with Water District 10 and come up
9 with a position statement by March 31. The Council will meet in Executive Session at
10 5:45 p.m. on Thursday, March 25.
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12 Brenner reported on a letter received from Dave Dickinson alleging that people
13 are building homes on a hazardous land fill on Lummi Island.
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15 Brenner asked Imhof to report regarding the Port condemnation of property along
16 I -5 and that he put it in memo form.
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18 Critical Areas Referendum (AB92 -058E) Harris addressed seeking additional legal
19 support for the Deputy Civil Prosecutor in the case of the Critical Areas Ordinance
20 Referendum. This idea was put forth on two points: the fragile health of Randy Watts
21 and the importance of the case to the County.
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23 HARRIS MOVED THAT THE COUNCIL SEEK ADDITIONAL LEGAL
14 SUPPORT FOR THE DEPUTY CIVIL PROSECUTOR IN THE CASE OF THE
25 CRITICAL AREAS ORDINANCE REFERENDUM AND THAT THE COUNTY
26 PROSECUTOR BE SO INFORMED. THE COUNTY COUNCIL REQUIRES LEGAL
27 ADVICE GROUNDED IN THE SUBJECT MATTER OF THE CASE IN
28 QUESTION.
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30 There was discussion on the motion.
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32 WARNER MOVED A FRIENDLY AMENDMENT TO ADD "CONTINGENT
33 ON AVAILABLE FINANCING."
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35 Harris accepted the amendment.
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37 There was discussion on the motion.
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39 The motion failed 4 -3, with Henderson, Warner, and Harris in favor.
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41 The Council meeting adjourned at 9:35 p.m.
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43 The Council convened as the Health Board at 9:35 p.m.
44
Council Minutes, 3123193, Page 12
1 HEALTH BOARD
2
3 1. DISCUSSION OF COMPOST FOR MUNICIPAL SOLID WASTE WITH
4 FRANK JAMES, HEALTH OFFICER (AB93 -031)
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6 Topics discussed: A briefing on the background of this issue was given by Dr.
7 James; what is considered "compost"; health concerns in regards to compost; municipal
8 solid waste compost; additional information needed from RECOMP before they will be
9 allowed to go forth with their composting plan; the letter written by the Council to
10 RECOMP; the maturity issue; RECOMP'S answers to some of the questions proposed
11 by the concerned citizens of Whatcom County; the question of whether this compost is a
12 product or a solid waste; lack of State regulations; different ways that other states deal
13 with compost; conditions RECOMP must follow; the need for a decision on this issue as
14 soon as possible; the need for more information on the composting issue; the importance
15 of making sure this compost is safe, both now, and in the future; prevention to ensure
16 safety; what happens to the 200 tons of garbage that is generated in Whatcom County
17 every day; faulting RECOMP for not educating the public and the Council on this issue;
18 the possibility of having the Council, acting as the Health Board, begin taking some
19 responsibility on this issue; lead content in the compost, and in the environment as a
20 whole; how much lead is in compost in general; lead content in sludge; 240 pounds per
21 acre is the maximum loading according to the E.P.A.; 2.6 inches of compost spread on
22 this site would equal 240 pounds of lead per acre; the need to have a non participant in
23 this issue take the samples from the RECOMP compost; the need for the public to feel
14 that this process is a safe one; what the Health Board's role in this issue is; waiting for
25 RECOMP to answer the additional questions that have been asked by the Health
26 Department; the need to get legal advice from the Council's attorney on this issue.
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28 Harris asked that the Council direct the Health Officer to consider this compost
29 as a solid waste until it is shown that it is product or the appropriate regulations come
30 forward
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32 Discussion continued.
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34 Topics discussed: The Council as a policy maker; the possibility of the regulations
35 for compost being similar to those for sludge; the possibility of using the guidelines that
36 have been set for sludge to regulate compost; having the Council become the final say in
37 this issue; the difference between guidelines and regulations; the need for the Council, as
38 the Health Board to make the regulations; the need to have a regulation in regard to
39 where and within what zoning compost can be spread; the need for any zoning issues to
40 be forwarded to the Planning Commission; is the County an agency under SEPA; is this
41 a solid waste, and if so, is there still a proposal; developing standards; previous meetings
42 which have been held in order to discuss this issue; RECOMP proposing to continue
43 with a revised plan regarding their compost in hopes of trying to grow something during
44 this years growing season; restricted and unrestricted uses for compost.
Council Minutes, 3123193, Page 13
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Persons speaking: Dr. James; Regina Delahunt; Ken Bell, RECOMP; Henderson;
Brenner; Hams; Imhof; Vander Yacht; Bob Woods, Budget Analyst; Roland Middleton;
Burch Kelly.
WARNER MOVED THAT THE RECOMP MATERIAL BE CONSIDERED A
"SOLID WASTE" UNTIL THE FOLLOWING HAVE OCCURRED, AFTER WHICH
TIME A PERMIT MAY BE ISSUED:
1. HEALTH OFFICER TO DEVELOP COMPOST CONTENT
STANDARDS FOR SWAC AND COUNCIL CONSIDERATION BASED ON
AVAILABLE DATA FROM THE DEPARTMENT OF ECOLOGY, THE HEALTH
DEPARTMENT, AND OTHER STATES, ETC.
2. SWAC TO REVIEW STANDARDS AND RECOMMEND ADOPTION
TO THE HEALTH BOARD.
3. HEALTH DEPARTMENT TO REVIEW DATA FROM RECOMP,
DETERMINE WHETHER MATERIAL IS COMPOST AND RECOMMEND
LOADING LEVELS.
4. COUNCIL TO ADOPT REGULATIONS ON WHAT CONSTITUTES
"COMPOST' AND LOADING LEVELS, AND ZONING WHERE TESTING
SHOULD OCCUR.
The motion carried unanimously.
The meeting was adjourned at 11:10 p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
La -
Dana °b 's, t Clerk Marge La aw, Chair
Council Minutes, 3123193, Page 14