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HomeMy WebLinkAboutCounty Council February 15 1990WHATCOM COUNTY COUNCIL Thursday, February 15, 1990 The meeting was called to order by Council Chairman Don Hansey. Also present were: Dan Warner Dennis Vanderpol Bob Imhof Emily Jackson Marge Laidlaw READING AND APPROVAL OF MINUTES Absent Marvin Vanderpol The minutes of the December 14 special meeting, the January 4 regular meeting, and the January 11 special meeting were presented. An error was noted on page eight of the January 11 minutes; Bob Imhof's name was left off the Public Service and Solid Waste Committee. Minutes were approved with this correction. EXECUTIVE ITEMS. Warner presented the Executive items in Van Zanten's absence. 1. BID AWARD RECOMMENDATION FOR INSTALLATION OF SANITARY SEWER FORCE MAIN AT THE WHATCOM COUNTY CENTRAL GARAGE TO LOW BIDDER, VOSSBECK CONSTRUCTION, INC., $39,781.43 INCLUDING STATE SALES TAX (AB90 -45) Warner reported that Finance recommended approval. WARNER MOVED TO APPROVE THIS ITEM. Motion carried unanimously. 2. CONFIRMATION OF APPOINTMENT OF SUSAN HOLMES TO THE DEVELOPMENTAL DISABILITIES BOARD TO THREE -YEAR TERM FROM 1/90 TO 12/92 (AB90 -46) Warner reported that Finance recommended confirmation. WARNER MOVED TO APPROVE THIS ITEM. Motion carried. 3. CONFIRMATION OF APPOINTMENT OF KAREN NEUBAUER TO THE DEVELOPMENTAL DISABILITIES BOARD TO THREE -YEAR TERM FROM 1/90 TO 12/92 (AB90 -46) Warner reported that Finance recommended confirmation. WARNER MOVED TO APPROVE THIS ITEM. Council Minutes, 2/15/90, Page 2 Motion carried. 4. EXECUTIVE' REPORT Warner read the report. The main items were: 1. an update on the work being done by Washington State Utilities and Transportation Commission and Elizabeth Thomas on the mandatory collection proposal; 2. the order issued by Judge Moynihan issued certifying the Class in our court suit on determining the validity of the disposal district and excise tax; 3. report that Cedarville is on schedule to be closed on Monday, February 19, 1990; and 4. the Solid Waste activity report. Van Zanten said the Department of Ecology is holding up the County's Recycling Grant and this is causing an extreme negative impact. There was a report that an investigation was carried out concerning the damage caused by the flooding. OPEN SESSION Penny Johnson - Marlow, Academy Road: Stated she was at the Public Service meeting and respectfully request the Council deny the Academy Road RID as many issues have not been addressed. John Leibrant, Henry Street: Just received a DOE report which states that all landfills have dioxins; said he thinks the Council should insist on better testing methods. Art Hyatt, North Shore Road: Recent developments have diffused the intent on the Shorelines Managment Plan. He said he is strongly opposed to the appointment of Dave Simpson because of his involvement in this issue. Hansey's tireless lobbying on the part of developers is not appreciated. The refusal of the school issue shows this area is not geared to growth. Rolf Beckhusen, 2014 Iron Street: Represents people who are against the RID on Academy Road. He handed out copies of the ballot slips along with the adding machine tape showing the totals; his figures show that the RID failed. Ben Henkle, 2285 North Shore Road: Concerned about the mandatory garbage pickup; detrimental to the free enterprise system. This will take away the incentive for recycling. He stated this is taking away the residents' liberties. Bruce Sherman, 1977 Academy Road: Obvious that the majority of the owners are opposed to this improvement. Not opposed to improvement but the magnitude of the proposal is frightening. He said he feels the owners have no say in this but will have to pay for it. He has spoken to Bob Kloc from the Health department about this matter. His neighbor is planning to put in nine homes and Bob Kloc said it will not support that much growth and they have not been approached about any development. Sherman feel it would harm the watershed. Council Minutes, 2/15/90, Page 3 He said he was taken advantage of but was pleased that the Council members took the time to call him. This issue is pitting neighbor against neighbor. The County staff have expressed the need to streamline the procedure as it is confusing to those dealing with it. Jim Marlowe, Academy Road: Many confusing things about this - just wants Council to rid us of this RID. Open Session closed. HEARINGS AND FINAL CONSIDERATION 1. ORDINANCE PROVIDING FOR LEVY OF SOLID WASTE DISPOSAL TAX (AB90 -34) Hansey opened the Public Hearing and asked staff for an overview. Liz Thomas, Preston Thorgrimson: She explained the ordinance of the disposal district; if this passes the Council would then be acting as the governing body of the disposal district. This imposes a 10 percent tax to be used for solid waste issues. Current average is $14 per month for weekly collection; this will add a tax of $1.40 per month. This enhances the incentive to recycle; one can a month would have an added assessment of fifty cents. Thomas stated the County should decrease its dependence on tipping fees for revenues to support Solid Waste activities. The County needs revenues from sources other than the landfill. Divorcing the revenue from the landfill supports your recycling and waste reduction efforts. Even people who don't use the service benefit from a health standpoint. Telephones cost even if you don't use them and this would be the same. Tax bears a close relationship to the collection ordinance that is with the UTC. Thomas handed out copies of letters from each of the Cities in the County supporting the County's proposed ordinance. She stated that without the mandatory ordinance a greater burden would be placed on a few. If the County does not take control of the waste there will be increased health problem from burying garbage, etc. Thomas stated that curbside recycling can only be an adjunct to collection. She said there had been many comments about exception provision; she has revisions covering the exception provision if there were any questions. Brad Bennett, Public Works Accounting: Handed out a projection of Solid Waste Program through 1992 showing revenues from Cedarville through 2/19 and Point Robert through April and Glacier through March. Bennett discussed the Solid Waste Management Fund cash projection on his handout. The figures are based on the assumption that the proposed district will go into effect in July, 1990. Jackson asked if the anticipated need is $1 million which is the amount the tax will recover. Bennett thought it would be that amount. Jackson asked if a surcharge of ten percent on the tipping wouldn't preclude the need for a tax and if they had done studies Council Minutes, 2/15/90, Page 4 on alternative methods to the tax. He said this wasn't just a financial question and he could not answer it. Bernie Hilgart, 6160 Everson Goshen Road: Glad to hear Jackson's comments as he had thought of that. The ordinance was written without thought of the people. If this is to provide funds for Cherry Point, then state it. Why must it be ten percent? Taxes never go away; it can't go up as this is the highest level allowable by law. Hilgart suggested the ways to fund the new solid waste facilities as follows: 1. Fees now collected for dumping used to subsidize the new landfill; 2. Collect dumping or tipping fees at each transfer station proposed by the County Administrator; 3. Locate transfer stations near old landfills and add recyclable bins to take recyclable waste at no charge; 4. Revise Title 24 to take precedence over the WAC 173.304 minimal functional for solid waste handling such that it disallows families and /or farms to establish or operate a landfill on their land for their own use. The assumption is the waste will be picked up by a certificated hauler. People who dump at Meunshcer and GP landfill will be exempt. People who have waste that the hauler will not pick up, will have difficulty disposing of it. Please show that the Council has an interest for the people. Doug Albee, 2516 North Shore Road: Opposed to mandatory garbage pickup. Unfair to older people; he owns a trailer park and has to charge his tenants what he is charged. He said it is unfair to these people to have this charge. He does not want to have to clean up after the haulers. The only break a person will get is if they store their garbage and have one can a month; this will cause a health hazard. Stan Lenssen, 2034 E. Hemmi: Opposed to mandatory garbage; he said he can take care of his garbage. He said it will cause people to throw away more if they have to pay for it anyway. Whatcom County will have the highest rate of garbage cost in the State. Arthur J. Gould, Samish Way: Opposed to this garbage tax. Appalled at the way this was introduced; this would not pass at a vote so it is being passed by the Council. Vivian Lennsen, 2034 E. Hemmi Road: Opposed to the tax. People feel there is no use in coming to a public hearing as the Council does not seem to listen. Don Gischer, City of Bellingham's Solid Waste Committee: He is recommending approval of this tax. The proposed landfill, composting programs and recycling programs need this funding. Bellingham has a utility tax and this will add to its citizen's costs. Emily Jackson said that the 24 percent talked about in the Council Minutes, 2/15/90, Page 5 newspaper does not take into account the County tax. Gischer responded to comments that the mandatory pickup is a "disincentive;" he said the City has not found this to be so. John Davis, 5556 Guide Meridian: Has the County taken the position that with 18 out of 19 against the tax, they can still pass this tax? Hansey said that the concept of a district was passed. Davis wants to have it on record that the Council is willing to go against the wishes of 18 out of 19 County residents. He said that Bennett said the County needed to replace the revenues formerly generated by Cedarville this way. This should go to a Bond issue. Tipping fees should be utilized. There were many ways to get funds. Refutes Thomas' comments that all Cities are part of this. Thomas said the County must join in because the Cities have already enacted it. He asked why Whatcom County is the first County in the State to enact this tax. In generating tipping fees, haulers charge more. People would make important choices at the grocery stores and reduce the waste stream significantly. He opposed this as he did last time because it will saddle the County residents with $11 million. Bring a bond issue before the people of Whatcom County. Hansey said the verbal Public Hearing was closed but the written record will remain open up until 5 p.m., February 28, 1990. There will be no action until after the written record is closed. JACKSON MOVED THAT INSTEAD OF HOLDING THE WRITTEN RECORD OPEN, THE COUNCIL HOLDS THE PUBLIC HEARING OPEN TO THE MARCH 13, 1990 MEETING. Warner spoke at length that he would prefer to have it in writing so he could examine the comments. Jackson said she would agree that people should articulate their views. She said she thinks the Council should give the people a chance to be heard as well as have their written record noted. Motion failed with Imhof, Hansey, Warner, and Laidlaw against. 2. ORDINANCE AMENDING TITLE 24 (HEALTH REGULATIONS) (AB90- 36) Warner explained that it had taken a long time to do this. Some of the substantive things that have changed are: alternating drainfields; a porthole to check the level of the septic system; and requiring licensed designers to design systems. Sludge speading rules have changed with the distance from wells now at 200 feet. There will still be a hearing but it will be before the Health department and not before this body. There is a civil process where the health officer can charge people. If the County has to repair sewage systems, they can put a lien on the property to recover the costs. Bernie Hilgart, 6160 Everson Goshen Road: Nitrates do not c� Council Minutes, 2/15/90, Page 6 necessarily leache as quickly here as we do go months in the summer without rain. A fee of $370 for appealing a landfill is excessive. How did this come about? When the Health department does issue a permit for a landfill there should be notification to the people interested. He went to the Health office often and asked to be notified and was not when a recent landfill was put in his area. Dumping on family farms will cause serious problems; please look into this and make more stringent rules. He would like to hear of the Health Of f ice' s issuance of the permit so that he could respond if he wished to without the extra fee. Vivian Lenssen, 2034 E. Hemmi Road: What good does it do to have a hearing with the Health Officer when he is hired by the County Executive. She should wear two badges; one as Executive and one as the Health Officer. Said a Council member ( "not Jackson ") said Dr. James was her lap -dog. Stan Lenssen, 2034 E. Hemmi: Had to spend many dollars of his money to request a hearing because the Health department did not alert them. He would like the Council to reimburse his $370 plus two and a half hours of attorney time. Bernie Hilgart, Everson Goshen Road: When the permit is issued, an operator can start operating immediately even though it is being appealed. He would like to have the permit withheld until any appeals have been decided: Hansey closed this portion of the public hearing but will keep open the written record until February 28, 1990 at 5 p.m. Jackson asked about the high filing fee. Warner said it could be looked at. Laidlaw asked if there would be a chance for a work session where questions could be resolved. Hansey said that nothing would be done until after the written record is closed. Jackson asked the Health Officer if there was provision under the present codes where he could order a stay when there was an appeal of his decision. Dr. James said that the Hearing Examiner could order a stay. Vander Yacht asked if there would be an opportunity to have Dr. James on hand to answer any questions at our upcoming meeting. Dr. James said he would be happy to answer questions. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. RESOLUTION ENDORSING JOINT CITY- COUNTY PRODUCTION OF A NEW COMPREHENSIVE PLAN FOR THE URBAN FRINGE SUBAREA (AB90 -43) Laidlaw reported that Planning & Development recommend approval of this resolution. This resolution would set up a process for the planners from the City and the County to get together on this issue. There were several issues that the County suggested and the City agreed to including phased annexation, transportation issues and any legislation that come out of the State regarding growth. LAIDLAW MOVED APPROVAL OF THIS ITEM. Lf Council Minutes, 2/15/90, Page 7 Motion carried unanimously. 2. ORDINANCE REVISING THE 1990 CURRENT EXPENSE FUND, COUNTY COUNCIL APPROPRIATION THEREIN FOR LEGAL SERVICES (AB90- 45A) Warner reported that Finance recommended approval. WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. OTHER BUSINESS 1. SHORELINES MANAGEMENT PLAN CITIZENS ADVISORY COMMITTEE RECOMMENDATIONS (AB90 -14) Laidlaw explained the process of appointing a committee to act as a Citizen's Advisory Committee. There were over 40 applicants and 12 were chosen with two to be chosen by the Planning Commission. LAIDLAW MOVED THAT THE NAMES ON THE LIST HANDED OUT BE APPOINTED TO THE CITIZEN'S ADVISORY COMMITTEE. (List included the following: Mike Granat; Stan Burns; Shelley Damewood; Roger Sahlin; Patrice Clark; Lorna Erchinger; Laura Lee Brakke; David Mason; Diane Smith; Dave Simpson; and Greg Hart. Two Planning Commission representatives will also be on this committee.) Warner asked why the Planning Commission didn't handle these issues. Taylor said that it would be easier for his department if an informal committee works on the remaining Shoreline issue. Jackson noted that the committee did try to do what the Council asked. She was a dissenting vote; our code states that we do have a procedure for appointing committees and we did not follow them. People on the Planning Commission did not understand that it would not go back to them for final consideration. There was more discussion on how the committee was appointed. Warner said he thought they had done this to appease the public but that may not help. Imhof said he would vote for this motion. Jackson and Laidlaw discussed the function of the committee. Motion carried 5 -1, with Jackson against. 2. DETERMINATION ON ACCEPTABILITY OF APPEAL OF HEARING EXAMINER'S DECISION ON SHORELINES VARIANCE 16 -89, FILED BY JEFFREY MCCLURE (AB90 -47) Randy Watts, Chief Civil Deputy Prosecutor, determined that McClure should be allowed to proceed through the appeal process with the issue of timeliness to be determined at a later date. Council Minutes, 2/15/90, Page 8 3. FORMATION OF ACADEMY ROAD R.I.D.; DETERMINE IF BALLOTS IN FAVOR OF THE FORMATION ARE SUFFICIENT, AND IF SO, SET A HEARING (AB90 -39) Imhof explained this issue. He stated that the Committee had recommended that this should be deferred until it is investigated. A majority of the people there are against the project although perhaps the dollar majority is for. IMHOF MOVED THAT THIS ISSUE BE DISCUSSED AT THE MARCH 13. PUBLIC SERVICE AND THE COUNCIL Motion carried unanimously. 4. *RECEIPT OF PETITION FOR CABLE TELEVISION FRANCHISE, FILED BY COUNTRY CABLE, INC. (REFER TO PUBLIC WORKS FOR ORDINANCE PREPARATION; HEARING TO BE SCHEDULED AFTER ORDINANCE RECEIVED) (AB90 -49) 5. *RECEIPT OF APPLICATION FOR OPEN SPACE CLASSIFICATION, FILED BY GERALD AND SUZANNE HILL (REFER TO PLANNING COMMISSION) (AB90 -50) Items 4 and 5 were received and referred to committees. INTRODUCTION OF RESOLUTIONS AND ORDINANCES (*CONSENT ITEMS) 1. RESOLUTION SETTING A DATE FOR PUBLIC HEARING TO DECLARE A CERTAIN PARCEL OF PROPERTY OWNED BY THE COUNTY, LOCATED ADJACENT TO THE CEDARVILLE LANDFILL, SURPLUS PURSUANT TO RCW 36.34.020 (AB90 -51) WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 2. RESOLUTION OF SUPPORT FOR THE NORTH SOUND REGIONAL SUPPORT NETWORK AND FUNDING FOR SAME (AB90 -52) WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 3. *ORDINANCE REVISING THE AMOUNT AUTHORIZED FOR THE HEALTH FUND PETTY CASH ACCOUNT (FINANCE 3/13) (AB90 -53) 4. *ORDINANCE REVISING THE AMOUNT AUTHORIZED FOR THE PURCHASING DEPARTMENT PETTY CASH ACCOUNT (FINANCE 3/13) (AB90 -54) 5a *ORDINANCE REVISING THE 1990 PARKS AND RECREATION FUND APPROPRIATION FOR PASS - THROUGH CAPITAL CONTRIBUTION (FINANCE 3/13) (AB90 -55) 2(-P Council Minutes, 2/15/90, Page 9 6. *ORDINANCE REVISING THE 1990 EMERGENCY MANAGEMENT FUND APPROPRIATION FOR PURCHASE OF TELEPHONE SYSTEM (FINANCE 3/13) (AB90 -56) 7. *ORDINANCE ALLOWING GOLF COURSES AND RELATED COMMERCIAL USES IN UR AND LII ZONES (PLANNING & DEVELOPMENT 3/13) (AB90 -57) 8. *ORDINANCE REGARDING INCREASED SQUARE. FOOTAGE FOR RETAIL USES IN THE GATEWAY INDUSTRIAL ZONE (PLANNING & DEVELOPMENT 3/13) (AB90 -58) 9. *ORDINANCE AMENDING ORDINANCE 90 -6 AND WCC 2.02.010, ADDING A REGULARLY - SCHEDULED COUNCIL MEETING (3/6) (AB90- 60) Items 3 -9 were received and will be referred to the appropriate committees. ADDENDUM INTRODUCTION OF RESOLUTIONS AND ORDINANCES 2A. RESOLUTION DIRECTING THE AUDITOR TO ADVERTISE THAT BIDS FOR THE COUNTY'S OFFICIAL NEWSPAPER WILL BE OFFICIALLY OPENED, READ ALOUD AND CONSIDERED There was discussion about the bid process. WARNER MOVED TO APPROVE THIS ITEM. Motion carried unanimously. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Imhof attended the North West Air Pollution Authority meeting February 14. The NWAPA Board will be having a special meeting to discuss Olivine at the Library on February 28 at 1:30 p.m. Laidlaw said the Planning and Development Committee did not say how the citizen's advisory committee should get started and she would be willing to help with the initial meeting. WARNER MOVED THAT LAIDLAW HELP THE COMMITTEE GET STARTED. Motion carried. Jackson said we should take a strong stand on not having landfills on private lands as is allowed by State law. Warner agreed that this should be looked at but expects owners to be unhappy. 9_1 Meeting adjourned 9:35 p.m. ATTEST: Council Minutes, 2/15/90, Page 10 WHATCOM COUNTY COUNCIL WHATCOM COUNTy-� WASHINGTON Barbara - rF Council C"erk c. na - U-