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HomeMy WebLinkAboutCounty Council March 6 1990WHATCOM COUNTY COUNCIL SPECIAL MEETING March 6, 1990 The meeting was called to order at 7 p.m. by Council Chairman Don Hansey. Other Members Present: Absent: Dan Warner None Mary Vanderpol Marge Laidlaw Emily Jackson Bob Imhof Dennis Vander Yacht READING AND APPROVAL OF MINUTES The minutes of the January 18, February 1, and February 15 Council meetings; and the February 1 Committee of the Whole were approved as presented. EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION FOR SUPPLY OF PRE -CAST CONCRETE BULKHEADS TO LOW BIDDER, IMPERO CONSTRUCTION COMPANY, AT $38,560.25 (AB90 -62) Van Zanten explained this item. Warner reported that Finance recommended approval of this bid award. WARNER MOVED TO APPROVE THIS ITEM. Motion carried unanimously. 2. BID AWARD RECOMMENDATION FOR SUPPLY OF BRIDGE TIMBERS AND PILING TO LOW BIDDER, WYCKOFF COMPANY, FOR $58,290.10 (AB90 -63) Warner reported that Finance recommended approval of this bid award. WARNER MOVED TO APPROVE THIS ITEM. Motion carried unanimously. Council Minutes, 3/6/90, Page 2 3. BID AWARD RECOMMENDATION FOR THE PURCHASE AND INSTALLATION OF A MOBILE HOME FOR POINT ROBERTS SHERIFF'S DEPUTY TO LOW BIDDER, BAYSIDE MOBILE HOME MOVERS, FOR $27,493.00 (AB90 -64) Warner reported that Finance recommended approval of this item. WARNER MOVED TO APPROVE THIS ITEM. Motion carried unanimously. 4. REQUEST FOR RATIFICATION OF LABOR CONTRACT, "INSIDE" BARGAINING UNITS AND PARKS, PUBLIC WORKS, JUVENILE PROBATION /DETENTION UNITS (AB90 -65) Van Zanten thanked the negotiating teams on both sides for their hard work. Larry Mans mentioned some of the changes stated in his February 26 memo to the Council. Warner reported that Finance recommended approval of this item. WARNER MOVED TO APPROVE THIS ITEM. Motion carried unanimously. 5. REQUEST FOR APPROVAL OF EXECUTIVE'S PURCHASE OF PROPERTY INSURANCE (AB90 -66) Van Zanten explained this item; she is suggesting we lower the deductible to $25,000 from the previous $50,000. Warner reported that Finance recommended approval of this item. WARNER MOVED TO APPROVE THIS ITEM. Motion carried unanimously. 6. EXECUTIVE'S REPORT There were no further items. However, Van Zanten stated she would be available for the discussion on Solid Waste during the Committee of the Whole. OPEN SESSION Debbie Haddad, Deming: Would like to set up a dog control zone in Deming. Distributed a petition (on file). Council Minutes, 3/6/90, Page 3 Alan Martin, West Bakerview Road: Gave a packet from the citizens on W. Bakerview. Almost 100 percent of the residents have signed this petition. This is no longer a residential area because of the mall, airport and freeway. Nancy Lindley, representing four of the owners on Bakerview: Handed out maps showing an extension of the previous petition request. Open session was closed. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE AMENDING ORDINANCE 90 -6 AND COUNTY CODE SECTION 2.02.010, ADDING A REGULAR MEETING DATE FOR THE COUNCIL (AB90 -60) Laidlaw explained that the regular meetings were previously scheduled on the second and fourth Tuesday. This ordinance will make the first Tuesday a regular meeting with a Committee of the Whole meeting as well. Imhof said this will allow the Council time for more informal discussion of items as well as the possibility for action if necessary. IMHOF MOVED THIS ITEM BE ADOPTED. Motion carried unanimously. OTHER BUSINESS 1. PETITION REQUESTING REZONE OF THE WEST BAKERVIEW AREA (AB90 -48) Laidlaw said this was discussed in Planning and Development. The committee recommended this item be forwarded to the Planning Commission; the road in question is Bakerview from Allans Road to I -5. The Joint Urban Fringe committee with the City would take at least a year to review this matter. LAIDLAW MOVED THAT THE COUNCIL FORWARD TO THE PLANNING COMMISSION A REQUEST TO REZONE THE AREA OF BAKERVIEW ROAD FROM ALLANS ROAD (CITY LIMITS) TO THE EDGE OF THE TOURIST COMMERCIAL ZONE FRONTING I -5 INTERSECTION ON BOTH THE NORTH AND SOUTH SIDES OF BAKERVIEW ROAD. Motion carried unanimously. 2. *RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON SHORELINE PERMIT, LRK DEVELOPMENT (S18 -89 AND S19 -89) Council Minutes, 3/6/90, Page 4 FILED BY EVELYN ROTH (ON FILE PENDING RECEIPT OF TRANSCRIPT) (AB90 -67) This item received by Council. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) RESOLUTION ENDORSING EFFORTS TO INCREASE STAFF AT THE INTERNATIONAL PORTS OF ENTRY IN WHATCOM COUNTY (AB90 -68) HANSEY MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 2. *RESOLUTION CHANGING THE NAME OF WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 19 TO GLACIER FIRE AND RESCUE (SUGGEST REFERRAL TO AUDITOR, PROSECUTOR AND WHAT -COMM FOR REVIEW) (AB90 -69) (PUBLIC SERVICES) 3. *ORDINANCE AMENDING THE ANNUAL INTEGRATED ROADSIDE VEGETATION MANAGEMENT PROGRAM (AB90 -70) (PLANNING & DEVELOPMENT) Items 2 and 3 received by Council. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Imhof reported from the North West Air Pollution Authority that Olivine was given its initial burning permit but it still needs permission from the Health Department for the liner. Imhof asked if anyone had written a scathing letter to the State Department of Ecology regarding the recycling holdup. Laidlaw said she had drafted a letter and resolution and these are both with the Administration for perusal at this time. Weiss of the Solid Waste Division said DOE has agreed to meet with county officials later this month; there is some light at the end of the tunnel on this issue. Vanderpol mentioned the North Sound Regional Support Network was left with no funding but that problem seems to be alleviated with some recent developments. Laidlaw said Planning and Development had heard that the Point Roberts plan is finished. LAIDLAW MOVED TO HAVE A PUBLIC HEARING SCHEDULED ON THE POINT ROBERTS COMPREHENSIVE PLAN FOR APRIL 3, 1990 AT 7 P.M. Motion carried unanimously. Council Minutes, 3/6/90, Page 5 Jackson said she had been serving on the Governor's Drug Policy Board which has a $450 million fund nationwide with $7 million to the Counties through the State. She said that Sheriff Larry Mount and Bellingham Police Chief Don Pierce had worked very hard and had one of the most successful operations in the state. She asked other Council members to call their senators and encourage funding at the current levels. Guidelines should follow Policy Board recommendations. Hansey mentioned a Council tour of the Airport on March 20 from 3 -5 p.m. (Note: This was later changed to March 19 from 3 -5 p.m.) Hansey also stated there would be a presentation by S.A.F.E. on the March 27th meeting. Recessed 7:46 to 7:55 p.m. COMMITTEE OF THE WHOLE 1. DISCUSSION OF ORDINANCE PROVIDING FOR LEVY OF SOLID WASTE DISPOSAL TAX (AB90 -34) (SOME INFORMATION ALREADY RECEIVED) Van Zanten distributed information. She said this issue has become very complex. She urges the Council members to keep in mind the larger picture; there is a framework in which the County must work. State laws require that there be a plan in operation that meets all the requirements of the law. The County is in the position of having to determine what happens with its garbage. There is an interlocal agreement with all seven cities. Van Zanten wants Whatcom County to be innovators in garbage handling in the State and the whole nation. The cities constitute 52 percent of Whatcom County's population and they have agreed to this plan; the Council needs to keep in mind this majority of the people who already are committed. Whatcom County does not have the luxury of changing plans anymore because it no longer has a landfill. A tax of ten percent is the maximum allowable by law; the interlocal agreement states this can be reviewed from time to time and may be reduced in the future. It is not fair to require some parts of the County to bear a disproportionate share of the load, Van Zanten said. There is a minimum of one can a month; this will allow people to put curbside recyclables out twice a month. Whatcom County could be a leader in the nation in recycling, Van Zanten said. She suggested the Council initiate a mechanism for considering exemptions to the mandatory tax. The cities insist everyone be treated equally. Jack Weiss of the Solid Waste Division said in Bellingham one percent have one can a month but it will probably be a larger number in the County. Van Zanten said there would be an administrative cost for getting this plan into effect; a million dollars will not cover it but the several million dollars collected in the last few years will be used to get this up and going. Vander Yacht asked if the county would be an innovator in garbage reduction as well as recycling. Weiss agreed that this is very important. During Earth Week, people will be in supermarkets giving buyers information and encouraging them to buy with an eye to waste reduction. Weiss is currently working with the Childrens' Museum; he is getting things donated that can be recycled free for crafts. Weiss worked on a Council Minutes, 3/6/90, Page 6 statewide task force trying to encourage buying that would result in waste reduction. Vanderpol said if the County starts with one can a month, that will be a waste reduction. Weiss said they are currently working on a project having "master composters" throughout the County teaching others to compost; this will be a waste reduction method. Weiss said that the County does not want people who have one can a month to bury garbage rather than recycling. Education is the key, said Weiss. Warner said there are two criticisms: That it will discourage recycling, and this is governmental meddling and regulating. It has been shown that it will encourage recycling; the disposal of solid waste is a problem everywhere and the county has to establish regulations to deal with it. Residents have . not paid the true cost of garbage disposal in the past, said Warner. Jackson said it is very important not to mislead people that recycling is free. Warner said it was not stated it is free but "at no additional charge." Weiss said there would be town meetings the week of March 19th to give informational sheets and answer any concerns that residents have; Rome Grange, Custer and Lynden are prospective sites at this time. In another year there will be more mills processing newspapers, and as markets improve the costs will decrease. Jackson asked when the Council will deal with the exemption section. Van Zanten said it would need to be before final consideration; the Council will have time to decide how it wishes to have this put together. Laidlaw asked if UTC has provided a list of qualified haulers; Van Zanten said this has not arrived yet. Laidlaw asked why Cedarville could not be opened more than two days a week for recyclables; Van Zanten said they are currently trying to make more hours available and a contract is imminent with Sanitary Service. Jackson asked what the financial implications would be if the collection district is overturned in court. Van Zanten responded she would come to the Council for an increase in the Current Expense fund. Vanderpol said in areas where there was high speed traffic, cans were being knocked over on County roads; Weiss said these may be the people who would be exempted. They may need to use toters that are not easily knocked over. Discussion continued. The Council decided to consider the ordinance at its March 13, 1990 meeting. Recesssed 9:14 to 9:22 p.m. 2. DISCUSSION OF ORDINANCE AMENDING TITLE 24 (COUNTY HEALTH REGULATIONS) (AB90 -36) Warner said there were the following changes: Council Minutes, 3/6/90, Page 7 issuance of permit shall be publicized in the County newspaper." On line 16 the words "with the Health Department" are stricken. 'n 24.06.061 page, 17 line 17 i >'I'1 '° ''' >" 1I "' "Mfr' °lt :9 : >< ' fill fee as established by the County Council shall be paid to... 24.06.051, page 17, line 23, C. These fees do not apply to any state or local government'eEI'e € c` >1pt< 24.06.062, page 18, line 3, 9, 13 sewage sludge should be changed to solid waste. 24.06.063, page 19, D, line 11, = Tbese fees do not apply to a state or local lif government ;° .:. tf:: >:: ::::::::.:::................ 24.06.096, page 24, line 21, notified #? of modifications... Delete 24.06.130 through 24.06.270. Laidlaw has questions about hooking up to a sewer. James said if a sewer fails, the owner can be forced to hook up if they are within 200 feet of a sewer line. Hansey asked if we can force new construction to be hooked up to a sewage line rather than have a septic system. James said the effects of all the sewer line going out in the bay is not known. He said a septic system when operating properly is a safe way of disposing of waste. Ninety five percent of soils in Whatcom County are suitable for double drainfields. James said there is no mechanism for exemption to the double drainfields; it was pointed out that owners could go to the Board of Appeals. Page 15 of 24.05 states alternating drainfields are required except where the soil is of medium sand or courser. Warner said that if the permit is issued, he would like to have the language read that a stay should be granted if the decision is appealed. Permit would be withheld until appeal is decided. Dr. James said he would personally like this not put in the ordinance. Warner deferred to James' wishes. Vander Yacht has concerns about the civil penalties area. The Health Department convinced him that it was a reasonable regulation. In dealing with a failing a septic system, they would be able to force compliance. James said they share this concern and do not want to be policemen but it seems to be the most practical solution. James said there was already a mechanism whereby appellants could stay a permit. Laidlaw said in exhibit B, all civil penalties shall be placed in the County current expense fund. Warner said there was some discussion on that and it seemed the reasonable thing to do. Jackson asked about bringing people into compliance. Bader of the Health Department, said there is a section that deals with bringing established businesses into compliance. Meeting adjourned at 10:05 p.m. ATTEST: 4ar Mahe r, Council C rk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON onald G. an ey, Chairma