HomeMy WebLinkAboutCounty Council January 4 1990Minutes, 1/4/90, Page 1
WHATCOM COUNTY COUNCIL
January 4, 1990
The meeting was called to order at 7 p.m. in the Council Chambers by Chairman
Don Hansey.
Other Council Members Present: Absent:
Tom Burton
Emily Jackson
Corky Johnson
Will Roehl
Dan Warner
Mary Vanderpol
EXECUTIVE ITEMS
1. BID AWARD RECOMMENDATION TO PROVIDE INSTALLATION OF
A MAINTENANCE BUILDINGS ENGINE - GENERATOR SET,
MANUAL TRANSFER SWITCH AND MODIFICATIONS TO THE
EXISTING POWER DISTRIBUTION SYSTEM AT THE CENTRAL
GARAGE (AB 90 -1)
Executive Shirley Van Zanten explained the item. Warner reported that Finance
& Personnel Committee reviewed the recommendation and recommended approval.
WARNER MOVED THAT THE BID AWARD RECOMMENDATION BE
APPROVED.
Motion carried unanimously.
2. EXECUTIVE'S REPORT
Lummi Island Ferry: Early runs will be continued for at least six months.
Landfill Status: Van Zanten distributed a written report (on file: SOLID
WASTE) and read it into the record. Cedarville landfill will close by Feb. 19, 1990,
assuming that the private sector will take care of the county's trash. Cedarville will be
covered with plastic and only opened in emergencies.
OPEN SESSION
Barbara Brenner, 5617 Northwest Road: Distributed a packet to show what her
law firm already has done for the County, in regards to the medical waste initiative.
Firm is willing to represent the County on a pro -bono basis, except for court costs.
Urged the County to hire Riddell Williams to defend the medical waste initiative
ordinance.
Minutes, 1/4/90, Page 2
Ray Wilson, 2066 Jefferson Avenue: Complained about maintenance of the
County right -of -way off Yew Street. The County issued five to 10 trail permits allowing
people to build on this road, yet no one except the original property owners is expected
to pay for road improvements. Hansey said the Council would investigate the matter
and get back to Wilson.
Hansey said he would like to move item 1 under final consideration to this point
in the agenda. There was no objection.
FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES
1. RESOLUTION ADOPTING THE UPDATED COMPREHENSIVE SOLID
WASTE MANAGEMENT PLAN FOR WHATCOM COUNTY (AB 90-
6)
Hansey said this item should be adopted prior to the public hearings on the solid
waste collection and disposal districts. Johnson reported that Public Services & Solid
Waste Committee reviewed the resolution and recommended its adoption, with
amendments recommended by the Executive.
JOHNSON MOVED THAT THE RESOLUTION BE APPROVED.
The Executive reported that in her memo dated 1/4/90 (on file, AB 90 -6), she
suggested certain amendments to the resolution. Elizabeth Thomas, an attorney with
Preston, Thorgrimson was present if the Council wished to question her, Van Zanten
said. Changes suggested in the memo by Bob Jurica, Solid Waste Manager, will not be
acted upon until they are reviewed by the Solid Waste Advisory Committee, along
suggested changes expected from the Department of Ecology.
JOHNSON MOVED TO AMEND EXHIBIT A AS INDICATED IN THE
EXECUTIVE'S MEMO.
JOHNSON MOVED THAT THE RESOLUTION BE AMENDED SO THAT ON
PAGE 2, THE SECOND LINE OF THE LAST PARAGRAPH WILL READ: "SAID
PLAN AS SLY IffiWX ADOPTED INCLUDES EERTAJT4 MR AMEND-
MENTS AND CHANGES TO THE JULY 1989 DRAFT PLAN A
In the ensuing discussion, it was explained that revisions in Exhibit A included
adding the words, "i.e., demolition waste" to 8.4.2, and the words "or bids" in 9.5.1. Both
changes were suggested by the Solid Waste Advisory Committee.
Motion to amend Exhibit A carried.
Motion to amend the resolution carried.
Jackson said the Solid Waste Advisory Committee and the Administration should
be commended for their hard work on the plan.
Minutes, 1/4/90, Page 3
Motion to pass the resolution carried.
HEARINGS AND FINAL CONSIDERATION
1. RESOLUTION ... AUTHORIZING THE INTERGOVERNMENTAL
TRANSFER PROPERTY OWNED BY WHATCOM COUNTY, A
PORTION OF LITTLE SQUALICUM PARK (AB 90 -2)
Councilman Roehl left the room. Haney asked Finance to explain the proposal.
Warner said the Bellingham Vocational - Technical Institute would get this land, in
exchange for various work on behalf of County Parks, and for $8,500.
Haney opened the public hearing. There was no testimony and the hearing was
closed. Warner said the Finance Committee recommended approval of the resolution.
WARNER MOVED THAT THE RESOLUTION BE APPROVED.
Roehl, who returned to the meeting at this point, asked why the property is being
given away, how much property is involved, etc. Parks Director Roger DeSpain said it
involves less than one acre and it adjoin the Vo -Tech. They allow the County to use
the Vo -Tech parking lots for Little Squalicum Park, and their students help develop the
park and a trail system through the campus.
Motion carried unanimously.
2. ORDINANCE CREATING A SOLID WASTE COLLECTION DISTRICT
IN THE UNINCORPORATED AREA OF WHATCOM COUNTY (AB
90 -3)
Hansey asked the Administration to give a brief presentation about the collection
district proposal prior to the hearing. Van Zanten said Liz Thomas of Preston -
Thorgrimson would tell the Council what the ordinance would do, and information would
be distributed asking for amendments suggested by the Solid Waste Advisory Committee
(SWAC).
Thomas said she would explain both the collection and disposal district proposals,
because the two districts work in tandem to promote the policies of the state and the
county's solid waste management plan, and they provide a stable revenue source apart
from Cedarville landfill for solid waste functions.
The collection district institutes mandatory garbage collection throughout the
county. Everyone would be equally subject to the tax in the disposal ordinance. The
collection district can not be made final until the state Utilities and Transportation
Commission (UTC) reviews it for adequacy of service throughout the county. The
County would provide service to areas that are not served by private haulers. If the
UTC approves of the collection district concept, the ordinance will be returned to the
Council for final adoption. Thomas noted that section two exempted single - family
residences on 20 acres; an amendment proposes to include all those people, but provides
for an appeal process through which people could seek an exemption.
Van Zanten said her memo, distributed to the Council, includes much of the same
information. After this hearing, the ordinance will be referred to the UTC. At the end
Minutes, 1/4/90, Page 4
of March the UTC should have finished its review and the Council may take final action.
The SWAC recommended that section two be deleted, and that section five be rewritten
to include the appeal process mentioned by Thomas. There was discussion. Van Zanten
said her memo included a proposed motion that would not adopt the ordinance, but
would allow the Council to make a finding before sending the ordinance to the UTC.
Hansey opened the hearing.
Carol Rondello, 1109 13th Street: Represents Environmental Resource Services.
Supports solid waste collection district and mandatory collection, said is needed for
proper waste management. However, she suggested that variable can rates be established
because in some instances variable garbage collection is needed; she suggested a program
similar to that operated by the City of Bellingham. Variable rates will place a value on
conservation and an incentive for people to decrease the waste they are generating.
Bernie Hilgart, 6160 Everson - Goshen Rd.: Financial aspect of the collection
district has not been investigated adequately, particularly the expense of collecting
garbage in the rural areas. WAC 173.304 states that family farms can be exempt from
any handling standards, and this is included in the County's Health Regulations. Farms
use pesticides in containers and those considered to be hazardous waste are not supposed
to be in municipal dumps. Criticized that there is no ending date, even though he said
this should be considered an interim measure until the new landfill is opened.
Rainier Elenbaas, Van Dyk Road, Lynden: He said the collection district is
admittedly a way for the County to get at his pocket book so he can pay for the closure
of Cedarville landfill. He buries his trash in a hole on his property and recycles, and
said he causes no problems for the county in terms of garbage. He said no one knows
how much more trash having mandatory collection will generate, and that it probably will
worsen the county's garbage problems.
Patti Mullen, Y Road: Said she also spoke for her husband, John Herrod. The
collection district as proposed will have an adverse impact on recycling efforts. If a
person pays for trash and yet has nothing to put into the can, it isn't right. Recycling
and mandatory collection are in conflict. Trash cans that sit out overnight in the rural
areas are subject to attack by dogs and coyotes, she said.
Alan Chapman, 628 E. Hemmi: Objects to mandatory collection. It is difficult
for him to get his trash to the road. He is willing to pay for disposing of his trash, but
not for mandatory collection.
Robert Werther, West Road: Wanted to know how many haulers would be
involved and what kinds of prices would be imposed. Dogs and other animals get into
garbage left by the road in the rural areas.
Jim Jordan, 2390 E. Smith Road: Believes in democracy, feels something of this
magnitude should go before the public for a vote.
Bill Soloman, Fir Tree Way: Why is this necessary? It is easy to collect a tax
at a landfill. Doesn't want mandatory pickup, takes his own trash to Cedarville every
Minutes, 1/4/90, Page 5
three months.
Dick Prostomas, Birch Bay - Lynden Road: Doesn't like mandatory collection.
Why can't the county collect a garbage tax without mandatory collection? He
understands that the county has a problem with solid waste, and he's willing to pay for
it.
Stan Lenssen, East Hemmi Road: Council accepted the minimum standards in
granting a permit for a demolition landfill near his home. It would have been better for
the County to accept demolition material at some landfill, and use the revenues for solid
waste programs. Why did the County advocate lining (Bob) Muenscher's pockets when
it could have taken the money for its own use? Opposes mandatory collection.
Brandon Hall, Birch Bay - Lynden Road, Custer: Will there be a per -can rate, or
how are garbage collection rates going to be equitable? He said burning barrel use will
increase, and the county will have pollution problems as a result.
Barbara Brenner, 5617 Northwest Road: Doesn't want to pay a high tax, but
everyone in Whatcom County is responsible for supporting disposal services. When we
are not generating any garbage, we won't have any responsibility. Would like to see
extremely remote areas exempted. Rugged, sturdy garbage cans may address some
concerns, and variable rates would address others.
John Davis, 5556 Guide Meridian: He said the County claims that high tipping
fees at a landfill are not a viable means of supporting solid waste. Why not? People
should pay for the trash they generate. Also, incinerators should pay dearly for the ash
they dump at County landfills.
Pat Darling, 787 Old Samish: Generates one can per month and recycles. She
is against mandatory collection, although is willing to pay for disposal of own garbage.
Her driveway is 700 feet long, she doesn't want to haul can down to road.
Rob Felix, Sudden Valley Community Association: Sudden Valley supports paying
for garbage, and will gladly pay increased tipping fees. But non - resident property owners
are going to be taxed for a service they are not using. This especially will be a problem
in Sudden Valley.
LeAnn Jenkens, Wahl Road: If the County has mandatory pickup of garbage, it
also should pick up recyclables.
Cathy Jordan, 2390 E. Smith Road: Against mandatory collection. Against action
on the 20 -acre exemption question until all property owners who have 20 acres are
contacted.
Vivian Lenssen, 2034 E. Hemmi Rd.: Read a letter she wrote to the Lynden
Tribune. The tax is being proposed because demolition waste revenues are being given
away to private citizens like Bob Muenscher. The public is paying for his right to
operate a dump. There is a potential, in private dumping operations, for hazardous
Minutes, 1/4/90, Page 6
materials to be incorrectly disposed of. If the County allows other private dumping it
really will lose money.
Dusty Anderson, 2929 Goshen Road: Delighted with the mandatory collection
proposal, which she thinks will resolve problems of illegal dumping and threats to ground
water. However, favors variable can rate and any actions that will make it convenient
to recycle.
Pinky Moore, 2694 North Shore Rd.: Recycles and visits the dump twice annually.
Mandatory garbage collection is not suitable for all citizens, although it would be nice
to have the option available to everyone. Talked about difficulties in rural areas, such
as long driveways, unleashed dogs, and raccoons. The service should be available,
citizens should pay for garbage, but it is not practical to require it.
Hansey closed the hearing. He encouraged citizens to write to the Council with
suggestions on this topic, and noted that the Council would not be adopting the
ordinance immediately.
Jackson asked Van Zanten if a motion endorsing the ordinance is necessary prior
to submitting it to the state Utilities and Transportation Commission for review. Van
Zanten said legal advice indicated it is necessary to make a preliminary finding. The
UTC will merely have a hearing to determine if there are adequate sanitation services
available in order to institute county -wide pickup.
JACKSON MOVED THAT THE ORDINANCE BE TABLED.
A great number of citizens did not testify or appear at the hearing because they
were not aware that the exemption for single family residences on 20 acres could be
eliminated, Jackson said. She added that maybe something short of mandatory collection
is in order.
Roehl spoke against the motion to table, saying the concerns raised by the public
would be explored while the UTC reviewed the ordinance. He said he didn't understand
how Jackson, a member of the Solid Waste Advisory Committee, endorsed the ordinance
at the committee level and now wants to table it. Jackson responded that some SWAC
members didn't understand the Council would be considering the ordinance at this
meeting, and that SWAC did not endorse the ordinance; it merely sent it to Council for
public hearing. Van Zanten noted that the exact motion by SWAC was to concur and
endorse the ordinance. There was discussion and Van Zanten again requested Council's
endorsement.
Johnson attempted to speak but Hansey pointed out that a motion to table was
not debatable and no one should have been permitted to speak. He called for the vote.
Motion failed, with Jackson the only one in favor. Johnson abstained.
Johnson said he abstained because he wasn't allowed to speak prior to the vote.
He asked the Council to keep in mind the other new tax burdens being placed on
County residents in the coming months when it eventually does vote on this ordinance.
WARNER MOVED: THE COUNCIL FINDS THAT MANDATORY SOLID
Minutes, 1/4/90, Page 7
WASTE COLLECTION AND THE FORMATION OF THE DISTRICT APPEAR TO
BE IN THE PUBLIC INTEREST AND NECESSARY FOR THE PRESERVATION
OF PUBLIC HEALTH. THE COUNCIL ENDORSES THE ORDINANCE IN
CONCEPT AND REQUESTS IT BE REFERRED TO THE WASHINGTON
UTILITIES AND TRANSPORTATION COMMISSION FOR REVIEW PURSUANT
TO RCW 36.58A.130 BEFORE TAKING FINAL ACTION ON IT.
Discussion continued among Warner, Jackson, and Johnson about the need for the
ordinance, and terms of the proposed amendment to the ordinance that would put a
grievance procedure in place. Thomas was asked to explain some points. Jackson asked
about the relevance of a pass through fee instituted in Ordinance 87 -17. Warner said
an analysis of the 1987 ordinance's usefulness should be done when the LTC reviews the
solid waste district ordinance. Roehl said the grievance amendment was poorly written
and needed work. After further discussion, Van Zanten pointed out that the LTC would
not be reviewing the ordinance per se, only the concept of mandatory collection.
Discussion ensued, and Johnson asked that the words "in concept" be used in the motion
rather than "in principle" (the change was accepted as a friendly amendment and is
reflected above).
Motion carried, with Jackson opposed.
Hansey called for a break at 9 p.m. The meeting reconvened at 9:10 p.m.
3. ORDINANCE CREATING A SOLID WASTE DISPOSAL DISTRICT
WITHIN THE UNINCORPORATED AREA OF WHATCOM COUNTY
AND WITHIN ALL CITIES AND TOWNS IN WHATCOM COUNTY,
PURSUANT TO INTERLOCAL AGREEMENTS BETWEEN THE
COUNTY AND SUCH CITIES AND TOWNS (AB 90 -4)
Hansey asked Thomas to explain the ordinance prior to the public hearing.
Thomas said the disposal district is a separate municipal corporation, with the Council
its governing body. The ordinance does not impose a tax, but permits the imposition of
a tax at a later time of up to 10 percent. Also, there would be no liability for haulers
if customers do not pay the tax and district residents would pay lower fees at county
facility than non - district residents, she said.
Hansey opened the hearing; there was no testimony, and the hearing was closed.
Johnson said Public Services & Solid Waste Committee recommended a "do pass."
JOHNSON MOVED THAT THE ORDINANCE BE ADOPTED.
Motion carried unanimously.
4. ORDINANCE ADOPTING THE COMPREHENSIVE WATER AND
SEWER PLAN AS AN ELEMENT OF THE COUN'T'Y LAND USE
PLAN (AB 90 -5)
Planning Director Dan Taylor made some introductory comments, at Hansey's
request. Hansey opened the hearing.
Minutes, 1/4/90, Page 8
Robert Moore
2694 N. Shore Rd.
Moore apologized for the delay in submitting his comments on the proposed sewer
and water plan (they were received by Planning & Development earlier in the week).
After reviewing Planning's recommendations in regards to his comments, he suggested
that under recommendation D, on page 3 of Diane Harper's memo dated 1/4/90 (on
file, AB 90 -5), the words "Whatcom County should coordinate..." should be replaced with
"Whatcom County will coordinate..." He said Whatcom County has a major responsibility
in this area. He complimented the Planning Department on its hard work on the plan,
and for its quick response to his comments.
Mayor Tim Douglas
Bellingham City Hall
Complimented the Planning Department on the quality of work exhibited in the
proposed plan. He said it exhaustively details the resources available and made it clear
that policy makers can no longer assume an abundant water supply exists. In light of
the astounding capital costs of some water and sewer extensions, Douglas suggested the
County consider the possibility of other entities acting as purveyors of service, particularly
in the northern Interstate 5 corridor.
There was no other testimony; Hansey closed the hearing.
ROEHL MOVED THAT THE SUBSTITUTE ORDINANCE BE ADOPTED.
Taylor noted several clerical errors in Harper's memo, and asked that they be
allowed to correct them. Council concurred.
ROEHL MOVED TO AMEND THE PLAN [THE YELLOW COPY DATED
DECEMBER 12, 1989] AND THAT THE STAFF RECOMMENDATIONS BE
ADOPTED, INCLUDING THE THREE PROPOSED AMENDMENTS IN THE
DECEMBER 12, 1989 MEMO AND THE AMENDMENT REQUEST FROM THE
LUMMI FISHERIES DEPT. ON THE TITLE ON WHICH THE STAFF HAD TAKEN
A NEUTRAL POSITION, AND FURTHER INCLUDING ALL OF THE STAFF'S
PROPOSED AMENDMENTS IN THE JANUARY 4 MEMO.
There was some discussion. Warner wanted to delete recommendation H, but
Burton noted that the intent was to avoid singling out forestry categories. There was
more discussion.
Motion to amend carried.
Hansey complimented the Planning staff and Weden Engineering for completing
the plan.
Motion to adopt the amended ordinance carried unanimously.
Minutes, 1/4/90, Page 9
FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES
2. ORDINANCE IMPOSING A MORATORIUM ON PROCESSING
CONDITIONAL USE PERMIT APPLICATIONS FOR OFF - PREMISE
ADVERTISING SIGNS PENDING STUDY OF APPROPRIATE
OFFICIAL CONTROLS (AB 90 -7)
Roehl said Planning & Development reviewed the ordinance and recommended
its passage. It extends the moratorium on billboards until April 30, 1990. It is
anticipated that by then an ordinance will be presented for approval.
ROEHL MOVED THAT THE ORDINANCE BE ADOPTED.
Motion carried 6 -1, with Johnson opposed.
OTHER BUSINESS
1. CONFIRMATION OF HEALTH BOARD ADVISORY COMMITTEE BY-
LAWS (AB 90 -8)
Warner reported that the Health Board or Health Department Advisory
Committee needs confirmation of its by -laws.
WARNER MOVED THAT THE BY -LAWS BE CONFIRMED.
Motion carried.
2. *RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON
"NORTHERN HEIGHTS," FILED BY PHIL SERKA FOR WHATCOM
LANDS, INC. (AB 90 -12) ON FILE
Placed on file pending receipt of transcript and written arguments.
INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS)
1. RESOLUTION APPROVING THE REQUEST TO CHANGE THE
NAME OF "GLACIER WATER DISTRICT NO. 14" TO "GLACIER
WATER DISTRICT' (AB 90 -9)
Johnson reported that Public Services recommended approval of the item.
JOHNSON MOVED TO APPROVE THE ITEM.
Motion carried unanimously.
2. RESOLUTION SETTING A HEARING ON THE FORMATION OF THE
ACADEMY ROAD R.I.D. (AB 90 -10)
Minutes, 1/4/90, Page 10
Johnson said Public Services & Solid Waste reviewed the resolution and
recommended approval. The resolution sets the hearing on this matter for February 2.
JOHNSON MOVED THAT THE RESOLUTION BE APPROVED.
JOHNSON MOVED THAT THE AMENDMENTS RECOMMENDED IN A
MEMO FROM ED HENKEN DATED 1/3 (ON FILE, AB 90 -10), BE MADE.
The recommendations included:
Section 7, line 51: Delete "need to." On line 53 insert "in advance" following
"reimbursed" and "property owners within the" in front of R.I.D. Add a period after
R.I.D. Delete "after establishment."
Section 8, line 3: Add, ", RCW 36.88.078" after "35.72 ".
Section 9, line 14: Delete "8—" and insert "90 ".
Motion to amend carried.
Motion to approve the amended resolution carried unanimously.
3. *ORDINANCE CREATING A NO- SHOOTING ZONE IN THE SAMISH
WAY, YEW STREET AND GALBRAITH AREAS (PUBLIC SERVICES)
(AB 90 -11) ON FILE
This item was received by consent and will be scheduled for public hearing.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
NWAPA vacancy: Hansey reported that he asked Vanderpol to represent the
Council on the Northwest Air Pollution Authority Board until the Council appoints a
new representative (Burton will no longer be a Council member at the next NWAPA
meeting).
Presentation to Johnson, Roehl, Burton: Jackson presented each with a pen stand.
Luncheon: Haney said new Council members will be sworn in at a luncheon
ceremony January 8.
Riddell- Williams Hire: Warner said Council should investigate Riddell- Williams'
offer to represent the County in defending the medical waste initiative on a pro -bono
basis. There was discussion.
JACKSON MOVED THAT THE COUNCIL CONTACT RIDDELL- WILLIAMS
ABOUT THE PRO -BONO OFFER AND SEEK THE DEFINITION OF COSTS,
BECAUSE THE COUNCIL MIGHT BE INTERESTED IN HIRING THEM.
Minutes, 1/4/90, Page 11
There was discussion of the motion, which eventually was revised to the following
by Jackson:
JACKSON MOVED THAT THE COUNCIL ASK THEM FOR THE TERMS
UNDER WHICH THEY WOULD BE WILLING TO WORK ON A PRO BONO
BASIS.
There was more discussion.
Motion carried unanimously.
Roehl and Johnson said they had enjoyed working on the Council.
The meeting was adjourned at 9:50 p.m.
ATTEST:
'e,
Ramona Reeves, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON