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HomeMy WebLinkAboutCounty Council June 5 1990WHATCOM COUNTY COUNCIL June 5, 1990 The meeting was-called to order by Chairman Don Hansey at 7:05 p.m Present were: Absent Dan Warner Marvin Vanderpol Dennis Vander Yacht Emily Jackson Bob Imhof Marge Laidlaw READING AND APPROVAL OF MINUTES of the May 17 special meeting and the May 22 regular. meeting Han sey noted the vote should read 6 -0 on page 3 .of the 5/22 minutes in item 8. Laidlaw noted on page 9 of the 5/22 minutes Vanderpol's amendment should read ...Executive Board "of the Washington State Association of Counties." Also on page 9 on the second last line "are" should be "area ". With these changes the minutes were approved. OPEN SESSION Doug Brown, 3815 Magrath Road: Last fall a motion was made to add additional stop signs along Magrath Road. He asked that this be done soon as the kids are out more now that summer is here. Al Hanners, Plymouth Drive: Discussed Open Space and the Land Bank with a one percent tax on real estate to go into open space acquisitions. This proposal needs to be voted on by the people of the County before it becomes law. He said the County needs to acquire more land. Whatcom County and Bellingham have been a "backwater" but changes are occurring such as normal growth and free trade. ' He sees a megatropolis from Seattle to Vancouver. Canada is now in a crisis because of the Meech Lake Accord. This crisis will lead parts of Canada to lean more to the United States. Quebec wants to be a unique society and has asked for extraordinary rights. It is the same as if California or New York asked for veto rights to the Supreme Court. He said the County should acquire open space when it has the opportunity. Mary Kay Becker, 4989 Fremont: A letter from the Open Space /Wetlands Citizens Committee was distributed that encourages the acquisition of open space land. This letter is signed by Mary Kay Becker, Bob Tull, Leslie Clark, Ron Polinder, and Rick Fackler. Becker urged the Council to act on this issue. Robert Tull, 119 Grand: Encouraged the Council to support this worthwhile endeavor; he offered his help if needed. Minutes, 6/5/90, Page 2 HEARINGS AND FINAL CONSIDERATION 1. ORDINANCE AMENDING WHATCOM COUNTY HEALTH DE- PARTMENT REGULATIONS, ADDING A NEW SECTION (TITLE 24.08) TO ADDRESS INERT WASTE AND DEMOLITION LAND- FILL REQUIREMENTS (AB90 -179) Hansey opened the public hearing. Stan Lenssen, 2034 E. Hemmi Road: Whatcom County just permitted a landfill that is not inert. Discussed 173.303 section 40 of the minimum functional standards (MIS) document which describes inert waste as non combustible. Wording on 24.08.040, line 23 & 24 should not say "mostly is considered inert." He stated the Hemmi landfill does not meet that criteria. Lenssen also stated the MFS says no plasterboard but under A. the "25 percent" stated under non - demolition waste does not match the MFS criteria. He mentioned the regulation of slope: and stated landfills should not be put these behind earthen dams that wash out and affect the surrounding area. Under B. 100 ft. property boundaries which may be reduced to 50 ft. with a treed buffer. MFS requires 200 ft. and 100 ft. with a treed buffer. Lenssen said he feels the MFS distance is more appropriate and all landfills need to be buffered. Lenssen stated the well requirements are still a problem to him. He also said surface water is to be discarded in one location but this should not be the neigh- bors yard; there should be a settling pond. He further stated that on closure there needs to be financial responsibility for the owner and not just the County; maybe bonding or a closure fund. Lenssen also stated the Health department permits the landfill then inspects it; he said it needs an independent inspection on the water. Bernie Hilgart, 6160 Everson Goshen Road: He said there have been many changes since this document was first instituted. Under 24.08.040, line 24, the word "construction" and on line 27, "treated" should be removed. Treated woods will result in leachate. Item 1 plasterboard should not be part of the load except in minimal amounts. Under Closure, there needs to be some procedure to help the County with closure costs if it needs to be closed before its expected lifetime. Hilgart said all sites should be required to meet requirements regardless of size. He says he is a NIMBY and like most people, he does not want dangerous materials in his back yard. Tests results of the water should be recorded in the public record. He said violators should be allowed perhaps two opportunities to correct violations for accepting inappropriate materials but the permit should be revoked on the third violation. Hilgard said this is a good document and wants to be in on further meetings. WARNER MOVED THIS BE RETURNED TO THE HEALTH BOARD ADVISORY COMMITTEE SUB COMMITTEE FOR REVIEW WITH THESE NEW COMMENTS. Jackson asked if it will go to the Public Service and Solid Waste committee; Warner said probably not because it is so technical in nature. The motion carried unanimously. Minutes, 6/5/90, Page 3 OTHER BUSINESS 1. OVERVIEW OF STATE'S GROWTH MANAGEMENT BILL, PRE- SENTED BY DAN TAYLOR, PLANNING DIRECTOR (AB90 -71) Taylor referred to HB2929 saying it is not perfect; in spite of that it is a landmark bill. It is as much a developer's bill as a citizen's or planner's bill. The environmental community is, however, against it because it did not go far enough. Taylor mentioned the following points: * Subdivisions; Taylor noted Buildings and Codes staff will need to develop findings. Transit facilities and schools will have to be considered. * Regional transportation plans; probably Council of Governments (COG) would be the logical agency in Whatcom County. * Forestry; Cities now have the same review over conversions as counties. * Encouraging economic growth statewide; CERB loans and Public Works grants may be harder to get as the County will have to address the impact of the jobs created not just the number of jobs. * Growth strategies commission is charged with refining the 1990 legislation. Regarding the main part of the bill that affects Whatcom County, Taylor said his department has already done a lot of the requirements but may have trouble meeting some of the deadlines. He said the County is headed down the right path but will have trouble designating the critical areas by September, 1991. The housing element will be a major task and would take a planner a year to accomplish. A capital facilities plan will also be a large task, stated Taylor. The utilities, rural and mandatory transportation elements were also mentioned as well as urban growth areas, wildlife growth corridors, the Real Estate Excise Tax, impact fees, and popul- ation estimations. Taylor stated that except for emergencies, comprehensive plans are only supposed to be amended once a year•, this may reduce the work but also the flexibility. The County will have to report annually for five years starting January 1, 1991 and every fifth year after that. Taylor discussed the initiative; most people have not read it as the print is too small for many to read. He said it has good ideas in it and in many ways may be better than HB2929. However, it is a rigid document and may have eliminated the gas tax, etc., but it would be in effect for two years if passed and would require a two- thirds vote of both houses to amend. On Initiative 547, 60 percent of the people who will vote on this live in King County. Taylor said he sees the big issues as a housing study, capital facilities planning, wetlands or critical areas designation and working with small cities. A county wide study of wetlands would cost $200,000 to $300,000. Taylor said the County may be able to work with the City on a pilot project during the urban fringe study. The most difficult issue to be faced may be adjusting the land use if the County cannot fund Minutes, 6/5/90, Page 4 the necessary items in the capital facilities plan. The Planning department is one planner or more short. Planning will need an amendment to its budget anyhow so will be asking for at least one .more planner. Warner asked about the urban designer; Taylor said this is above and beyond the planner being requested. Haney asked about the timetable for the Urban Fringe and South Fork subareas. Taylor said he hopes these will be done fairly close to the predicted timetable. 2. *RECEIPT OF OPEN SPACE /TIMBER APPLICATION FILED BY MARSHA ISENHART (PARCEL NO. 400313.169168) (AB90 -183) (REFER TO PLANNING COMMISSION) 3. *RECEIPT OF OPEN SPACE /TIMBER APPLICATION FILED BY MARSHA ISENHART (PARCEL NO. 400313 093212) (AB90 -184) . (REFER TO PLANNING COMMISSION) The above applications will be sent to the Planning Commission. 4. *RECEIPT OF PETITION FOR VACATION OF BASS STREET, FILED BY ICSAN REYNOLDS AND MICHAEL J. MCGINNIS (AB90 -185) (HEARING TO BE SCHEDULED ON ENGINEER'S REPORT) . Received by Council ;. will have a public hearing set on the engineer's report. INTRODUCTION OF RESOLUTIONS AND ORDINANCES (*CONSENT ITEMS) 1. EMERGENCY ORDINANCE EXTENDING THE MORATORIUM ON THE DEMOLITION LANDFILL PERMITS (AB90 -186) WARNER MOVED ADOPTION OF EMERGENCY ORDINANCE EX- TENDING THE MORATORIUM ON THE DEMOLITION LANDFILL PERMITS NOT TO EXCEED THE LEGAL LIMIT. Motion carried unanimously. 2. RESOLUTION SETTING A HEARING ON THE SIX -YEAR COMP- REHENSIVE ROAD PROGRAM (AB90 -187) (HEARING TO BE SCHEDULED FOR JUNE 26) WARNER MOVED TO ADOPT THE RESOLUTION TO SET A HEARING ON THE SIX YEAR COMPREHENSIVE ROAD PROGRAM Motion carried unanimously. Minutes, 6/5/90, Page 5 3. *ORDINANCE DELETING SECTION 6.04 OF WHATCOM COUNTY CODE, REPLACING IT WITH NEW ANIMAL CONTROL REGU- LATIONS (AB90 -188) (HEARING TO BE SCHEDULED FOR A public hearing will be scheduled. Warner discussed the matter and stated he has a lot of notes from the Hum- ane Society and others, and is still receiving input. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Wetlands: WARNER MOVED WE CREATE AN AD HOC TASK FORCE TO ESTABLISH A .TIMELINE AND AGENDA FOR OPEN SPACE AND WET- LAND ACQUISITION. THE TASK FORCE WOULD OVERSEE THE PLAN FOR DESIGNATING AND ACQUIRING OPEN SPACE AND WETLAND. THE COMMITTEE SHOULD BE COMPOSED OF NINE MEMBERS CHOSEN BY MARY KAY BECKER, RON POLINDER, LESLIE CLARK, BOB TULL AND RICK FACKLER. THESE PEOPLE MAY THEMSELVES BE COMMITTEE MEMBERS. THE CHAIR OF PLANNING AND DEVELOPMENT SHALL BE THE COUNCIL'S CONTACT PERSON, AND SHALL RELAY TO THE COUNCIL THE NAMES OF THE COMMITTEE MEMBERS BY AUGUST 1, IF POSSIBLE. THE COMMITTEE SHALL MAKE A REPORT TO THE EXECUTIVE, COUNCIL AND MAYORS WITH RECOMMENDATIONS FOR IMPLEMENTATION_, IN- CLUDING. FUNDING RECOMMENDATIONS. Warner said he thinks the Council - should not be the ones to choose this committee as there have been problems in choosing the. last three committees. He suggested the authors of the letter be the nucleus of the committee and choose the others. Both Tull and Becker said they had not planned to be a self - appointed committee but suggested having the Executive consulted on this issue. LAIDLAW AMENDED THE MOTION TO SAY "IN CONSULTATION WITH THE EXECUTIVE." Jackson said she would prefer to have King County give their presentation before choosing the committee and others may be interested in serving. Warner said he would prefer having the committee arrange to ask King County to give the presentation. He said the . County will be going to the residents for taxes for other reasons and he would prefer a citizen's group coming to the Council saying they want to be taxed rather than the other way. Mary Kay Becker commented that there should be some accountability for the Council and the Executive on this issue; she recommends buying into this concept. Vander Yacht . said at some point the Council should listen to the group from King County but would not want it to be perceived that the Council has made a decision to go the same way. Vander Yacht asked why the Council shouldn't choose Minutes, 6/5/90, Page 6 a committee; Warner said choosing all committees has caused squabbles. Vander Yacht disagreed with Warner; said he thinks the Council should learn from the past and uphold it's responsibilities. Tull said the authors of . the letter did not come to cause problems for the Council. He said he would be happy to consult with the executive. The motion carried unanimously. JACKSON MOVED THE COUNCIL ASK KING COUNTY TO COME TO WHATCOM COUNTY TO GIVE THEIR PRESENTATION. WARNER AMENDED THE MOTION TO ASK KING COUNTY TO SPEAK TO THE COMMITTEE. VANDERPOL AMENDED THE MOTION TO "SUGGEST TO THE COMMITTEE THEY ASK KING COUNTY TO SPEAK TO THEM. Warner said he would add this as a friendly amendment to his amendment; Jackson said she would accept both as friendly amendments to her motion. Hansey asked Jackson to restate the motion. JACKSON MOVED TO ASK THE COMMITTEE TO CONSIDER HAVING KING COUNTY COME UP AND SPEAK TO THEM. Motion carried unanimously. COMMITTEE OF THE WHOLE 1. DISCUSSION OF EMPLOYEE SUGGESTION PROGRAM (AB90 -189) Warner discussed the suggestion program. How will the meritor- iousness of suggestions be determined? How -will the suggestions be publicized? Warner said he recommended suggestions be printed in the newsletter but the Executive was against this idea as they're anonymous and sometimes critical. Warner does not agree with the Executive on this. This is a chance for the employees to give suggestions in 'a risk free environment. Jackson says it needs to be funded. Warner said the Council agreed to have all of the suggestions publicized. There was discussion about how suggestions will be rated. A benefit rating system was recommended for the suggestions on the following items: improved working conditions, cost savings, efficiency, public service (signage), and communic- ations information. It was suggested awards be given monthly with an annual award at the picnic. Warner and Jackson will work on this and bring back some sugges- tions. Minutes, 6/5/90, Page 7 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS North Sound Regional Support Network: Vanderpol spoke on behalf of the North Sound Regional Support Network. VANDERPOL MOVED THE FIVE VOLUNTEERS SERVE ON THE NORTH SOUND REGIONAL SUPPORT NETWORK WITH THEIR TERMS EXPIRING AT THE SAME TIME AS THE COUNTY'S MENTAL HEALTH ADVISORY BOARD TERMS. Mary Ellen Shields 12/31/90 Jodelle McBee 12/31/91 Guadalupe Gama 12/31/91 Bruce Kraig 12/31/92 Larry Taylor 12/31/92 Motion carried unanimously. Solid Waste and Recycling: Laidlaw said Pay 'n Save is recycling bags;. the bags are sent to British Columbia to be diced and used in another form. This is better than nothing but not ideal. She suggested Jack Weiss give an update to the Council on packaging. Hansey said it could be a very useful element. Vanderpol said Dick Beardsley had written an editorial on the new garbage tax; Laidlaw and Imhof have offered to be interviewed on this. - Warner said staff could be asked to write up information sheets on the tax, and mayors of small towns could be. asked to be interviewed by their local papers to give observations on this. Ramona Reeves suggested having people write in their concerns. Beardsley may be able to have an ongoing column to answer questions. Imhof said he is going to the Laurel Grange to, speak. Warner said he thinks there should be a hot line to call the Council office. There was more discussion about how information could be given to the public. Initiative 547: Laidlaw said the League of Women Voters is considering the . merits of bringing David Brickland from Washington Environmental Coalition to speak on Initiative 547 in the Fall. The meeting was adjourned at 9:28 p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON B rbara Maher, Cle I onald G. ey, C6airman