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HomeMy WebLinkAboutCounty Council February 26 1991WHATCOM COUNTY COUNCIL Regular Meeting February 26, 1991 The meeting was called to order at 7 p.m. by Chairman Dan Warner at the Council Chambers, 1000 N. Forest, Bellingham, WA. Present: Absent: Mary Vanderpol None Marge Laidlaw Bob Imhof Don Hansey Emily Jackson Dennis Vander Yacht READING AND APPROVAL OF MINUTES The minutes of January 22 and February 5 meetings were approved as presented with two minor typing corrections. EXECUTIVE ITEMS 1. REQUEST FOR AUTHORIZATION TO PURCHASE PROPERTY INSURANCE (AB91 -059) Tom Sutberry explained this item. Vanderpol reported for Finance that the County is getting a good deal on this issue and recommended approval to Council. HE SO MOVED. The motion carried unanimously. 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH TELECOM MANAGEMENT CONCEPTS, INC., PHASES II AND III OF THE NEW TELEPHONE SYSTEM FOR THE COURTHOUSE FOR $22,632 (AB91 -028) Vanderpol reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH NORTH WASHINGTON COLLECTIONS, WITH PAYMENT TO THE AGENCY DEPENDENT ON COLLECTION ACTIVITY (AB91 -060) Vanderpol reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 4. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A LEASE FOR ELECTRONIC HOME MONITORING EQUIP- MENT FROM HITEK (AB91 -061) Vanderpol reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH SOUND RESOURCE MANAGEMENT GROUP FOR COMPLETION OF PHASE I OF YARD WASTE COLLEC- TION AND PROCESSING DESIGN PROGRAM (AB91 -062) Vanderpol said this would cover 20 percent of the waste stream and reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 6. REQUEST FOR WAIVER OF BID REQUIREMENT FOR LEASE OF HEALTH DEPARTMENT SPACE AND TO AUTHORIZE EXECUTIVE TO ENTER INTO A LEASE AGREEMENT (AB91 -063) Vanderpol reported for Finance and recommended approval to Council. HE SO MOVED. The motion carried unanimously. SPECIAL PRESENTATION: BY GAIL KELLEY, PERSONNEL DEPARTMENT This item was postponed because Gail Kelley had another commitment. Minutes, 2/26/91, Page 2 OPEN SESSION Roy Giles, 5385 Shields Road: Spoke on the initiative regarding medical waste. The people's initiative was a widely supported expression of anxiety, and your appeal of the constitutionality would be most appreciated. The question of failure to find a health problem is not the same as there is not a health problem. Strongly supports an appeal and request that the Council protects us from the unknown hazards. Barbara Brenner, 5716 Northwest Road: In the 1989 state study there was no testing done of waste haulers and none has been done since. Sunday's paper mentioned of Sureway is bringing in 135 tons but she has an affidavit from the manager where he talks about over 416,000 gallons of medical waste which translates to over 159 tons. We are now having 10- 15 tons per day brought in. The new autoclave will not be ready for up to a year.The waste haulers have laid a guilt trip on communities by saying there is a global responsibility. There are some things that are physically impossible to site. What we are doing when we allow medical waste is absolving other communities from taking care of their own waste. Everyone is doing it their own way as there is no set standards. We need to stop the importation of medical waste. Our case is based on a 9th circuit court case. We lost a three pronged test 2 -1 in District Court and have a much better chance in a 9th circuit court. The judge said "the court must determine whether the ordinance accomplishes a legitimate local public purpose. There can be no question that transporting medical waste involves risks of accidents and exposure. Furthermore, the reduction of the total amount of medical waste that is incinerated in the County reduces to some extent the risks of exposure and contamination at the incinerator itself. These are public purposes." I hope the Council will support the appeal. Pat Darling, Old Samish Road: Echoes what Brenner and Giles have said. There is no plan in place if there's an overturned truck. He wants the Council to continue the appeal. Linda Zander, 2003 Pangborn Road: Supports the statements Brenner made. There is no checking or monitoring of these wastes as it is transported from county to county. This presents a terrible health hazard to the people of Whatcom County. There is a new disposal technique at hospitals. The incinerators at RECOMP are not state of the art as there is not a full burn. The County needs to be accountable for this issue and pursue this appeal. Dusty Anderson, 2707 Goshen Road: Wants to speak in favor of pursuing this appeal. There is a law firm who has invested a great deal of money in this and we should pursue it. There are other methods of incinerating medical waste and Whatcom County should not have the responsibility for disposing of other's waste. Robert French, 5044 LaBounty: He backs the previous speakers. Most people feel this does not need to be trucked into the County. He needs to be assured there is no danger and wants the Council to pursue this issue. George Ward, 1440 Kelly Road: Believes this Council should proceed with an Minutes, 2/26/91, Page 3 appeal. He suspects the volumes will increase significantly and because it is so profitable they will send our garbage over the moon. Fred Miller, 3229 North Shore Road: Flood Control Zone: He said he believes this issue should not be in the Water Resources Committee but in the Public Services & Solid Waste Committee. He also said the County should include in the Resolution wording the need to reach out to the State agencies regarding the source of some of the problems. Forest practices are being drafted regarding this to empower Counties and he said the resolution should be shown to Olympia. HEARINGS AND FINAL CONSIDERATION 1. ORDINANCE AMENDING THE TEXT OF THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, REGARDING SOLID WASTE FACILIITES AND SITES IN THE RURAL, AGRICULTURE, FORESTRY, HEAVY IMPACT INDUSTRIAL, GENERAL MANUFAC- TURING, AND LIGHT IMPACT INDUSTRIAL ZONES (AB91 -050) Taylor explained this item. When he judged this, he used the eight criteria he uses on all such issues. The state and the health department are also regulating these. Warner opened the public hearing. Bernie Hilgart, 6160 Everson Goshen Road: He has been in on this from the beginning. Appreciates the work that has been done and that the Council has listened to them. He said when people buy land, they expect to be there for generations and this, will help to appreciate the value of land. There was a lot of give in some areas. Transitory facilities are explicitly made for having recycling bins to help reduce the garbage flow. Vern Hagen, 1580 E. Smith Road: Wished to commend the Council for holding this hearing. Many hours have gone into this issue. He showed some pictures. He said that during the next two years the County will be faced with a lot of growth here so there needs to be regulations against placing dumps near homes. The runoff from some dumps go off in four directions spilling on surrounding properties and the dump trucks ruin the roads in the vicinity of the facility. .Doug McKeever, 5090 Noon Rd.: He stated he has 20 years of geology in this area. Many of the land sites are in glacial marine drifts that act as freeways for water movement. There are many concerns on leachate collection. Liners are not even infallible. He feels it would be prudent to pass the amended text of Title 20. McKeever read an item written by Don Easterbrook who is the most eminent authority in Whatcom County. Once contaminated, ground water can be unsafe to use for years to come. Certain areas of the drift are variable and unpredictable. Glacial marine drift can move contamination a long way. Underlying contamination could have serious health effects for years to come. When a landfill is closed, it still contaminates. He encouraged passing the ordinance. Minutes, 2/26/91, Page 4 Walt Rohde, 5047 Noon Road: Dumps that accept wastes that contain heavy metals should not be located near home sites. He raises purebred cattle for breeding and slaughter. There is a pond on the proposed site that overlaps on his property that is used as a drinking source for the cattle. It is also a tributary for Squalicum Creek. He feels residues of antifreeze and oils would be placed in the pond. Sites should be in industrial zones. Jim Stephens, 1142 E. Smith Road: Aesthetics of a dump site. 25 years since they asked the County commissioners to restrict one house to 5 acres. We felt then and still do this would not be an appropriate land -use. The increase in subdivisions has been dramatic. Buyers have every right to expect appropriate use of land with no mobile home parks, garbage dumps, etc. A wood demolition dump site is an industrial activity; it would require large machinery and the noises would be intolerable. Barbara Brenner: Thanked the Council for this opportunity for the long term planning. The strongest concern is in your own neighborhood. Read a letter from Randall Sargent saying he will purchase if the County area passes this ordinance. Supports the Planning Commission recommendations and their added recommendation of looking into areas for specific zoning of solid waste. This would let everyone know ahead of time what the rules are going to be. Frank Crosby, 1129 E. Smith Road: Asked about the zoning when he bought. Five acres meant something to him and he had no idea he would have to attend so many Planning Commission meetings to have his concerns addressed. He needs to have an answer on how to deal with purchasing when you cannot rely on zoning. Larry Harris, 6375 Eastwood Road, Kendall: Speaking of the process. He is in a dilemma as he helped write the ordinance. How do the Planning Commission members speak to the Council? He said he feels it is too bad the Council does not have a better idea what went into the Planning Commission deliberations. They worked very hard. This ordinance passed 6 -1. He wishes there was a formal way for the Commission to communicate with the Council on important issues. Urged the Council to have a Committee of the Whole with the Planning Commission members. Don Vander Yacht, 5830 Everson Goshen Road: He said he is now faced with the issue of a solid waste site 100 feet from his back door. This will decrease the value of his property, and there will be leachate, the worry of contaminated water, and the noises of the dump trucks. Peter Coy, 138 North Shore Drive: From a financial point, what happens to the value of the property? It will be significantly impacted. If Puget Power wanted to put lines across the easement they would have to buy the easement. A developer should have to compensate the owners of the adjacent properties who are impacted by the development. Stan Lenssen, 2034 E. Hemmi Rd.: He lives next door to a dump. He has suffered devaluation of his property because there now needs to be 1000 feet setbacks for wells Minutes, 2/26/91, Page 5 He bought this thinking it would be agriculture. He could do nothing when a damp was placed one foot from his property. His son cannot build on part of it as they cannot have another well. Linda Zander, 2003 Pangborn Road: American Banking Association came out with a handbook saying if you reside near a landfill, they will not loan money on the property. The Federal Land Bank requires an environmental study before you are able to qualify for loans from that institution. Four major banks require environmental statements if you reside next to a landfill. She thanked the Planning Commission and Council for recognizing this. She would like to take issue with Planning Commission, Health Department because they do not understand the contamination issues. Panelling contains formaldehyde, old paints contain lead and heavy mercury, so when you remodel the material becomes airborne or travels in the water making people sick. This does not belong around residential areas or around heavy rainfall. There are no people who are trained in contaminants in the area, stated Zander. Donna Bode, 2424 Zell Road: Her well is 90 feet from the GP woodwaste site. If they find they are impacted in any way, they will be filing a suit. DOE said it is an industrial site, and not an agricultural practice. If this is another Love Canal, they are ready to take action. The County has permission to come out to their place to do any testing they want before another dump is sited. They have been told not to drink the water, that it may be years before the results are know, and the testing will cost $50,000. Rebecca Malloy: Thank you for opportunity to speak. Showed a map of the airport area. The Council can help reduce the damage from landfills. Georgia Pacific (GP) said it has no dioxin in its fluids, but there is dioxin in its ash. GP, The Port of Bellingham, and Ludtke Pacific Trucking, dump on airport property and do not even lease this property. The site is 10 to 12 acres between a runway and an unused taxiway, and on the edge of another wetland. 1. Since 1986 this has received an assortment beside woodwaste, fly ash and boiler grate ash This is in violation to state law. Woodwaste means solid waste from wood products. This includes but is not limited to sawdust. 2. This waste has leachate seep. Tank trucks are used to transfer the leachate to the GP facility, but she believes it is impossible to get it all. 3. In 1983 agreement GP and Ludtke Transport ... Warner stopped Malloy at this point and asked her to sum up. Malloy insisted she was going to continue, but finally agreed to summarize. There is leachate that is being generated, that is fungus and slime. DOE said that the sludge shall be controlled in an area like this in such a manner that stops the waste or leachate ... Warner stopped her again and asked her to return to the subject at hand, zoning. The Council at this time is not addressing health issues. Malloy said she'd go to her conclusion. She said the woodwaste landfill has a significant impact on the surrounding areas. Why isn't adequate surface water testing done? Why isn't there a landfill enforcement staff? Warner asked her again not to digress. Malloy responded that she'd read the paragraphs. More stringent guidelines must be taken against industry taking advantage of loopholes such as stockpiling such as special waste landfills, such as variances, such as conditional use permits, and such as spot zoning. Minutes, 2/26/91, Page 6 Exhaustive environmental analysis prior to any permitting would safeguard the population. Warner again pointed out that she was off the subject and asked her to sit down. Al Zander, 1100 E. Kelly Road: Agreed with Larry Harris, and he would like to hear what Larry Harris has to say about how the Planning Commission reached its decision. He supports the decision. He's a hydrologist. He supports the amendment, but hates to see it shunted off into the forestry zones. He still thinks there is work to be done. Roy Giles, 5385 Shields Rd.: To summarize Miss Malloy, we made one bad mistake with one bad landfill, please don't make another. Splendiflora Huizenga: Appreciates all the work done. She hopes a decision is reached tonight. The Planning Commission has worked hard. There is a place for dumps and it isn't beside houses. Quality of life is important, and she doesn't like to hear what would happen to people if a dump were sited in their property. She supports the Planning Commission in saying dumps belong away from people. She hopes the vote is tonight. Dusty Anderson: She said it is obvious that lots of money can be spent on water testing and you still can't gain the confidence of the residents. Bob Jurica, Solid Waste Manager: Wants to pose his concerns about the focus. The way the amendment came up, all facilities have been lumped in together including landfills and solid waste sites and drop boxes. This means drop boxes cannot be used. He urges that before this is passed there is differentiation between types. Not all things have the same results. This amendment is too inflexible and will be difficult to deal with in the future. Dr. Frank James, County Health Officer: He said he believes what has been sent up is inadequate. Industrial zones are inadequate. It is too easy to say forestry and industrial zones are okay but saying this is not adequate to solve our problems. The amendment needs to be remanded back to the Planning Commission for further study. When we were writing health regulations trying to protect people's health, we found that there were issues that were not health that need to be addressed because they are very important to the public. Aesthetics and noise are two of these issues. Putting this into forestry and industrial zones will not address this issue. We all generate garbage, but we do not want a dump next to us. He doesn't. We need to have sites, but we need to plan carefully where they will go, said James. There has to be an adequate number of sites that are large enough, and they need to be cost effective. He wants this remanded back to the Planning Commission because it is entirely inadequate. Ernie Limbacher, 2615 40th St.: Says we should rent an ocean liner and take it three or four hundred miles out to sea and dump it. The birds are smarter than we are; they don't mess in their own nest. Use prisoners as crew members to help transport it. Bob Tull, Bellingham attorney on behalf of Georgia Pacific: Pending application for a new facility that will take some of the solid waste to be burned to use for energy instead of hog fuel. Essentially, hog fuel is wood chips and other waste being used as a heat source. Minutes, 2/26/91, Page 7 They will, however, need to have some place to put a certain amount of ash residue. Eventually they would like to find some way of recycling this, find a use for it. We care about these amendments because it is possible we will not be able to address all the issues that need to be addressed on an individual level because of all the studies and permits and requirements that will need to be met by the company to dispose of this waste material that they generate. From a procedural point the amendment has a major flaw; it gives the appearance that it does away with landfills in rural areas but in fact it sets the stage for Putting it in other areas where they may not be appropriate. People don't usually check with all the zoning laws when they buy. Tull said the Council should continue the existing moratorium which will allow the Council to come to grips with the issue. He said he feels the Council needs to bring the different departments to come together and reconcile their differences, coming forward with something workable. He now agrees with James that putting it back to the Planning Commission might be a good idea. This should not be adopted now. He mentioned someone from Snohomish County experienced with their Cathcart landfill who spoke to the Planning Commission. He said there had been no devaluation of property in another area. Take it up in Committee Of The Whole, then send it to staff, then back to the Commission. Kathy Stomer, 1265 E. Smith Road: All day traffic is her worry; from 7 a.m. to 7 p.m. estimate there will be 12 trips per hour. Companies will profit greatly, but consider those who have invested their life savings, all they have, in their five acres. Please consider what you are voting on. Will we have dumpsites all over the County or it going to be controlled with sound planning and sound growth management? Mr. Haney and Mr. Imhof, you are planning to run for County Executive. Are you willing to put a dumpsite in people's backyards? Voters will be looking at your vote tonight. Make this the best decision for the best long term goal that's going to be best for the greatest amount of people. She said she supported the amendment. Bruce Boyle, 5603 Noon Road: Good management is good delegation. The Planning Commission worked so hard on this issue which was delegated to the Commission by the Council. The Council needs to listen to the decision of the Commission when it makes its decision. The Planning Commission made a good decision, but this should be looked at as part of an overall plan. What exists already? There will be a multitude of applications if this is not passed. An issue of this type is not just a zoning issue. He feels it would be just as hard to sell a house beside Muenscher's landfill as one at Cedarville even though one is somewhat safer. Aesthetics are involved. He recommends it be adopted as is. The language allows for revisiting the issue and for working within Growth Management and that could be done at your own speed. The moratorium may not be a bad idea. Once the sites are in, they are there and won't go away. Boyle said he can't resist entering into the record a cartoon from The Fish Wrapper. It shows a mutated monster rising out of a nuclear dump and it says, "The waste is a terrible thing to mind." The public hearing was closed. Warner said many of the concerns are noise, traffic, safety, and dust. The Hearing Examiner has discretion to deal with these issues. The decision to permit the facilities must Minutes, 2/26/91, Page 8 be made with an eye to the appropriateness of the existing area with no changes in the regulations. Taylor said Item 11 on page 58 is a specific example of what Warner is talking about. Jackson said she hopes we can act on this tonight; it may not be perfect, but it would be good. The rural area is totally dependent on water and the Growth Management Act says no one will get a building permit without adequate water supply. She thinks the forestry zones impact the aquifers and perhaps should be excluded. Ninety percent of what was intended has been accomplished. The Muenscher landfill was a travesty on the neighbors. The 22 sites that we have as part of our solid waste are not saleable and probably will just remain as devastated sites in the county. The Planning Commission has done a good job and the issue can be revisited in the Growth Management study. The public has supported us tonight and it bodes well for a community that participates in the process. Vanderpol is reluctant to dump this back in the laps of the Planning Commission. A great number of citizens want this type of protection. He wants to extend the moratorium as long as is necessary. He wants to have a Committee of the Whole and invite the Planning commission along with Dr. James and Bob Jurica and not rush into it. Massaging what has been done will further resolve some long -term implications, and that would be a prudent move. Haney said Planning and Development heard some comments that the demolition waste definition under state law apparently includes the stuff the road crew picks up from the roads would be considered solid waste. For the first time we would be creating something considered overlay zones; we are creating a new concept. Before we march in on it, we need to know all the implications. There is nothing imminent that will happen if this is not passed tonight, particularly if a moratorium is passed tonight. Vander Yacht said we may be making this more complicated than it really is. He does not think we are sidestepping our responsibilities by dealing with it as a zoning issue. Taylor suggested a minor change, but he could live without it. On page 56 sub 1 second sentence, "Demolition waste as defined in title 240.040;" we should insert "inert waste as defined in title 240.040;" and then continue the sentence. Taylor said that was an omission; it will work, but it would be better with it. In a few other areas the wording is not as clean as it could be. Imhof said the entire document is a good piece and can be revisited. Laidlaw said that Tyler indicated there was flexibility and they could support it. She said she would support it. LAIDLAW MOVED TO PASS THE ORDINANCE. Warner said no one has spoken against what most concerns the public. He said he was concerned about Jurica's points of concerns. He is supporting Vanderpol's idea of delaying this and fixing it up. Jackson said she felt Harris did not want us to delay this. HANSEY MOVED TO AMEND THE MOTION SO THAT ON PAGE 56, SECTION 20.97.429 SUB 1 ADD THE FOLLOWING WORDING AFTER 24.08.040; "INERT WASTE AS DEFINED IN WCC 24.08.040; ". Minutes, 2/26/91, Page 9 Warner asked what protection there is against noise. Frank James pointed out page 58 and said property valuation is an important issue, noise, traffic, aesthetics have not been adequately addressed in this plan. He said a drop box is different than other solid waste sites. He said he feels these things are inadequately addressed. Agriculture doesn't need any more problems as it's already one of our biggest producers of contaminants with EDB being the biggest danger. Spreading cow manure is a bad practice. This ordinance really needs more work. Dr. James said people should take care of their waste as close to the site where it's generated as possible. The motion to amend passed unanimously. The Laidlaw motion passed 5 -2 with Warner and Vanderpol against. 2. ORDINANCE APPROVING AND CONFIRMING FINAL ASSESSMENT ROLL FOR LRID 10; LEVYING AND ASSESSING THE AMOUNT THEREOF AGAINST THE LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY ON SAID ROLL; AND CERTIFYING THE SAME TO COUNTY TREASURER FOR COLLECTION (AB91 -021) closed. This was taken before #1. Warner opened the public hearing. Hearing no comment, the public hearing was Vanderpol reported Finance recommended adoption to Council. HE SO MOVED. The motion carried unanimously. There was a five minute break. 3. PETITION TO VACATE AN ALLEY IN BLOCK 12, AMENDED PLAT OF GENEVA, FILED BY GAYLE LUEDKE (AB90 -400) Imhof reported Public Service recommended approval. HE SO MOVED. The motion carried unanimously. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE REVISING SECTION 3.08.180 OF THE WHATCOM COUNTY CODE TO ALLOW PASS - THROUGH CONTRACT AMEND- Minutes, 2/26/91, Page 10 MENTS (AB91 -048) Vanderpol reported for Finance to recommend adoption. HE SO MOVED. Warner recommended an amendment to replace subsection E with the following wording: Contracts authorized by the Council may be administratively amended in an amount not to exceed $10,000; greater amounts require Council approval. Amendments to existing contracts which involve externally - funded pass - through monies may be approved by the County Executive without Council approval in any amount. HE SO MOVED. The motion to amend carried unanimously. The amended motion carried unanimously. 2. ORDINANCE AMENDING THE 1991 BUDGET, REAL ESTATE EXCISE TAX FUND THEREIN, TO MAKE A TRANSFER PAYMENT TO PUBLIC UTILITY DISTRICT 1 FOR PREPARATION OF THE COUNTY COORDINATED WATER SYSTEM PLAN (AB91 -049) Vanderpol reported Finance recommended adoption. HE SO MOVED. The motion carried unanimously. WARNER MOVED DON HANSEY BE APPOINTED AS THE COUNTY COUNCIL'S REPRESENTATIVE TO THE P.U.D. STUDY. The motion carried unanimously. OTHER BUSINESS 1. APPOINTMENT TO THE SEWAGE CONTROL APPEALS BOARD (AB90 -402) Hansey moved to nominate the five names. This will be held until the next meeting so we can check if they live in the unincorporated area. 2. DISCUSSION REGARDING POSSIBLE MEDICAL WASTE INITIATIVE LAWSUIT (AB91 -055) Minutes, 2/26/91, Page 11 James said there was a recent report given to the U.S. Congress that concludes that medical waste is not a threat to the public's health. General solid waste stream has a significant amount of medical use already and there is no measurable difference between them. The serious exposure is for the people who handle the medical waste and the Health department is trying to make it safer for them. He wants to give a lot of credit to Barbara Brenner for the advances that have been made. He thinks the things that have happened have made it much safer. He would encourage the Council to not go further with the appeal. Jackson said she took exception to what Dr. James said. She said he has painted a picture of medical waste that it is not hazardous. She said it is outside the Health Officer's scope to give legal advise to the Council. She stated that James is misrepresenting all the information about medical waste. Jackson said the County wide ordinance was to protect the public health and safety so that Whatcom County would not become the Hanford of medical waste. That's the reason the Council passed it. That is the only question yet to be settled by the courts and the other case law points to a public purpose being possible. Some did not vote on whether or not the Council would take the right of the public away to vote on the initiative, but some of you are here. Before those of you who didn't vote to take away the rights of the people to vote on the initiative make this decision, I think you should proceed with caution. She said Hansey told the Herald that it was passed because it was known it would pass overwhelmingly. But, she continued, this facility was not designed for medical waste and there is no provision for medical spills. She further pointed out that no studies have been done on the contamination results from burning. The cost is a small price to pay when you realize that we have spent over $156,000 to draw up a Solid Waste Management Plan in accordance with the state law. This is a test of the validity of the Home Rule Charter system in county management and public health. Therefore she supports the next level of appeal. James said the reason there is no exception for medical waste instead of solid waste is that under state law they are treated the same. Medical waste is solid waste under state law. He apologized for sounding like a lawyer; he did not mean to give legal advice, but he did suggest that the Council consult an attorney about the matter. He offered to open his library to Council members so they could review the literature on medical waste. And last, personal allegations are inappropriate. Barbara Brenner: She feels badly that Dr. James did not share the information he had, but listened to what she was going to share. They can only vaccinate workers for a few things. Ten per cent of the workers who deal with medical waste say they've been stuck with needles but they've done no testing. There has been a huge push to keep regulations away from this. Bear in mind that medical waste workers are being paid considerably more than other solid waste workers. One family living near a medical waste dump was awarded money because of the anxiety caused, so public perception is important. There is a lot of harm to the public if this is allowed to continue, but no harm if it is stopped now. Cedarville has been only one of the concerns of Safe Waste Management Now's group. Another, not mentioned by Dr. James, was the incomplete burn at Thermal Reduction. They don't get good burnout. They could not get 5 percent carbon as required. The issue of medical waste is something that the courts should decide. Safe Waste Minutes, 2/26/91, Page 12 can work out some way to raise the funds to pay for the appeal if it is problem for the County. JACKSON MOVED WE SUPPORT THE APPEAL TO THE NEXT LEVEL. Laidlaw asked for an explanation. Warner explained there were assertions that TRC was diverting solid waste to Cedarville because they were burning medical waste. Jackson said she believed that since the County residents were deprived of voting on this issue for two years, we now need to pursue the appeal. Laidlaw asked if we can obligate a private group like Safe Waste Management Now to pay for this. Watts said the County may not obligate a private group. If the County appeals this to the 9th Circuit Court, could BFI ask for legal fees if it lost. Watts said they could ask but it would be up to the courts. Vanderpol asked if they could sue. Watts said they are operating so they would be suffering no damage. Laidlaw asked if the County the only one who could appeal this. Watts said Safe Waste Management Now could but they would not be in as good a position as the County. Laidlaw said if the result of the appeal is positive, what would happen. Watts said it would ban medical waste importation immediately. Council members continued discussion of the matter. Motion passed 4 -3 with Hansey, Vanderpol and Warner against. 3. *RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION REGARDING C.U. 43 -90, FILED BY DAVID CROCKER (ON FILE PENDING RECEIPT OF TRANSCRIPT) (AB91 -064) 4. *PETITION FOR VACATION OF PORTION OF GRAND BOULEVARD, FILED BY BERT AND COREEN HANSEN (AB91 -065) (HEARING TO BE SCHEDULED ON ENGINEER'S REPORT) 5. *PETITION FOR VACATION OF PORTION OF GRAND BOULEVARD, FILED BY DOROTHY CLEMENT (AB91 -066) (HEARING TO BE SCHEDULED ON ENGINEER'S REPORT) The above three items were referred to committees. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON SALE OF COUNTY -OWNED TAX TITLE PROPERTY REQUESTS 60, 62, 63 (AB91 -067) 2. RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON Minutes, 2/26/91, Page 13 SALE OF COUNTY TAX TITLE PROPERTY, REQUEST 61 (AB91- 068) The above two items were withdrawn from this meeting. 3. *RESOLUTION STATING THE COUNCIL'S INTENT TO ADOPT AN ORDINANCE FORMING A COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT PURSUANT TO RCW 86.15 AND REQUESTING AND AUTHORIZING COUNTY OFFICIALS TO UNDERTAKE CERTAIN ACTIONS WITH RESPECT THERETO (AB91 -071) (PAPERWORK TO BE DISTRIBUTED MONDAY) This item was received and will be referred to the appropriate committee. 4. RESOLUTION ORDERING THE INCORPORATION OF CERTAIN TERRITORY INTO FIRE DISTRICT NO. 14 (AB91 -72) Imhof reported for Public Service and Solid Waste Committee to recommend approval. HE SO MOVED. The motion carried unanimously. 5. *RESOLUTION TO SELL PROPERTY ACQUIRED BY THE COUNTY ON TAX FORECLOSURE, REQUEST NO. 60, 62, 63 (AB91 -067A) (FINANCE; HEARING) 6. *RESOLUTION TO SELL PROPERTY ACQUIRED BY THE COUNTY ON TAX FORECLOSURE, REQUEST NO. 61 (AB91 -068A) (FINANCE; HEARING) 7. *ORDINANCE REVISING THE 1991 CURRENT EXPENSE FUND, SHERIFF'S DEPARTMENT BUDGET (AB91 -069) (FINANCE) 8. *ORDINANCE REVISING THE 1991 PARK FUND BUDGET FOR FEMA FINANCED STORM DAMAGE REPAIR (AB91 -070) (FI- NANCE) 9. *ORDINANCE REVISING THE 1991 CURRENT EXPENSE FUND, NON - DEPARTMENTAL BUDGET PLAN THEREIN FOR REDISTRICTING MASTER (AB91 -051) (FINANCE) Items No. 5 through 9 were received and will be passed on to the appropriate committees. Minutes, 2/26/91, Page 14 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Association of Counties meeting: Jackson said the Association of Counties meeting went well and there was a discussion with other members about courthouse additions. There were suggestions that bonds should be put out to bid with local people and Jackson said she would like the Finance Committee to discuss this. Warner asked Jackson to write a memo to Finance. Drylands: Haney said the drylands project group will be meeting tomorrow for four or five hours to interview for consultants to do the project and presumably will get underway shortly thereafter. Warner said Harper and Owes was chosen as the best qualified. Testing policy: Imhof said Public Service recommended asking the Administration to draft a policy that would be administratively feasible for citizen testing and sampling. Association of Counties Legislative Steering Committee: Laidlaw said she had been attending meetings and there are many pieces of legislation that affect this county such as a flood bill, road jurisdiction transfers, growth management, a possibility of repealing the Real Estate Excise Tax, etc. Natural Heritage Task Force: They are finalizing their draft and doing well, said Laidlaw. Council of Government (COG): Laidlaw said COG has passed a resolution showing support of the Kremen bill on the local option gas tax. This affects only the cities in Whatcom County excluding Bellingham. Sumas gets $16,000 a year now in gas tax and would get $200,000 in gas tax if this resolution passes. Transportation: They are hoping to become a stand -alone agency by 1992. Their goal is fleet replacement. Blaine wishes to be a part of the benefit area. Council support of Legislative Bills: Haney said he spoke to Brian Boyle; he is trying to sustain the forestry roundtable and trying to put something together to protect industry and the environment. Haney said the Council needs a policy. Warner said a resolution could be passed. Vanderpol suggested a letter but Hansey said a resolution would be better. A rule should be that the information reach Council members at a certain time. The meeting adjourned at 10:45 p.m. ATTESTED: Bar ara Maher, Deputy"Gerk COUNTY COUNCIL: A. XL Daniel M. Warner, Chairperson Minutes, 2/26/91, Page 15