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