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HomeMy WebLinkAboutCounty Council October 10 1990WHATCOM COUNTY COUNCIL October 9, 1990 The meeting was called to order at 7 p.m. by Council Chairman Don Hansey. Also Present: Absent: Dennis Vander Yacht None Emily Jackson Bob Imhof Dan Warner Marge Laidlaw Mary Vanderpol READING AND APPROVAL OF MINUTES of the September 28 special meeting. The minutes were approved as submitted. EXECUTIVE ITEMS 1. REQUEST FOR APPROVAL OF BID FOR PURCHASE OF SOFTWARE, INSTALLATION, CONSULTATION AND TRAINING FOR A COMPUT- ERIZED TRACKING SYSTEM FOR BUILDINGS AND CODE ADMINIS- TRATION, FOR $34,900.00, PLUS TAX (AB90 -340) Van Zanten explained this issue. Warner reported Finance recommended approval to the Council. C�. i n: i ►1: 3 6 &Tea k tell I Motion carried unanimously. 2. REQUEST FOR APPROVAL OF BID FOR PURCHASE OF HARD- WARE FROM STATE BID LIST TO SUPPORT A COMPUTERIZED PERMIT TRACKING SYSTEM FOR BUILDINGS AND CODE ADMINIS- TRATION, FOR $13,373.29 INCL. TAX (AB90 -341) Warner reported Finance recommended approval to the Council. WARNER SO MOVED. Motion carried unanimously. 3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH ENVIRONMENTAL RESOURCES SERVICES FOR A SPECIALIZED WASTE REDUCTION AND RECY- CLING EDUCATION PROGRAM IN THE AMOUNT OF $32,250 (AB90- 342) Van Zanten explained the next three items. Warner reported Finance recommended approval to the Council. WARNER SO MOVED. Motion carried unanimously. 4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH SOUND RESOURCE MANAGEMENT GROUP FOR COMMERCIAL WASTE AUDIT PROGRAM IN THE AMOUNT OF $13,500 (AB90 -343) Warner reported Finance recommended approval to the Council. WARNER SO MOVED. Motion carried unanimously. 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH SOUND RESOURCE MANAGEMENT GROUP FOR REUSABLE MATERIAL EXCHANGE FACILITY PROGRAM IN THE AMOUNT OF $21,500 (AB90 -344) Vanderpol expressed some reservations about the reusable materials exchange facility program. Vander Yacht said it is legitimizing scavenging considering the County kicked people out of Cedarville for doing the same thing. Warner reported Finance recommended approval to the Council. WARNER SO MOVED. Warner said this will not deprive the agencies such as the Salvation Army, the Mission, etc. of anything. Vanderpol said he could envision this becoming a headache because it will be cheaper for people to take things to this facility than to take them. to the landfill. Motion carried 6 -1 with Vander Yacht against. EXECUTIVE'S REPORT Solid Waste: Van Zanten distributed a positive letter from UTC for consideration. OPEN SESSION Bob Fenley, Whatcom County Pomona Grange: Read a letter signed by Phil Quimby, Ira Prather and Carl Jepson, stating the following: The Granges were upset with Council for eliminating competition; They believe Olivine has been treated unfairly; They oppose Minutes, 10/09/90, Page 2 mandatory garbage pickup,particularly when hauled by persons who would have a monopoly and were authorized to charge on a cost -plus basis; The Granges recommend garbage drop stations in several county locations to supplement the present services and favor education on the best practices in recycling and composting. John Davis, Citizens Against Nonrepresentation: Read his letter that states the group urges the Council to do the following: To not enact the proposed solid waste collection district and mandatory garbage collection and service level ordinances; To take immediate action to obtain oversight power on handlers and prevent the abuses and overcharging from absolute monopolies; To generate solid waste funds using retirable bonds for siting and construction of a new landfill and a surcharge based on the actual weight of solid waste generated; To facilitate effective competition in solid waste disposal by expediting approval of the Olivine request for a transfer station to haul garbage to the Pasco landfill and encouraging private sector firms to construct and operate safe landfills, recycling and disposal facilities here; To work with collectors to establish "metered service" options on all sizes of residential refuse containers; To establish free recycling services in the county with recycling being subsidized from grants and solid waste programs as needed when costs exceed revenues from recycled products. Davis asked that the citizens be allowed to work with the county in developing solutions to the solid waste problems. Martin Keeley, 610 South Beach Road, Point Roberts: Yesterday Canadians bought $80,000 worth of gas in Point Roberts. The recent plan stated no new gas stations in Point Roberts yet it is now getting 12 more pumps at the Chevron station. How could this station expand without a conditional use permit. He quoted a portion of the code. There is a Whatcom County permit posted at the project; he said this is another sloppy job of inspection and enforcement. Variances are being made to the new plan before the ink is dried on the paper. There are also rusty hulks of cars even though there is a junk car ordinance. He would like Council to stop any further gas stations and make Buildings & Code enforce the current laws. Barbara Brenner, 5617 Northwest Road: Commented on the Olivine's appeal. She said she had read Warner's letter which said landfilling is not in solid waste plan. The focus continues to be on Olivine when RECOMP continues to intentionally disregard the plan as they negotiated with NWAPA for permission to bum additional amounts. They burn medical waste and truck regular garbage so are not adhering to the intent of the plans. She said she approves of the service level ordinance and thinks it is well written. HEARINGS AND FINAL CONSIDERATION 1. ORDINANCE AMENDING WCC CHAPTER 17, "FLOOD DAMAGE PREVENTION," TO INCORPORATE NEW FEDERAL FLOOD MAPS AS REQUIRED BY THE NATIONAL FLOOD INSURANCE PROGRAM (AB90 -316) Public hearing opened. No one testified and the hearing was closed. Vanderpol reported that Public Service recommended approval to Council. Minutes, 10/09/90, Page 3 VANDERPOL SO MOVED. Motion carried unanimously. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE ESTABLISHING SERVICE LEVELS FOR SOLID WASTE AND RESIDENTIALRECYCLING COLLECTION IN UNINCORPORAT- ED AREAS AND NON - RESIDENTIAL RECYCLING IN ALL AREAS OF WHATCOM COUNTY (AB90 -306) Vanderpol said there are amendments to this ordinance. Vanderpol reported Public Service recommended adoption of this item. VANDERPOL SO MOVED. the Thomas said there is some flexibility as to the frequency of collection. If this is created there will not be any serious cost factor if the district is adopted but will be high if the district is not adopted. She said there is a difference of opinion whether the county has authority to make rate structure although she feels it does. Warner asked if LTC say our rate structure is allowed; LTC does have the authority to make the rate. Counties can not set rates for haulers, only tipping fees. Vanderpol said if first can costs $12, does the hauler get the benefit of extra cans when it clearly does not cost the hauler as much to collect the second can. There was discussion between Thomas and Jackson about linear garbage rates and whether higher rates for successive cans might encourage waste reduction. VANDERPOL MOVED THE ABOVE AMENDMENTS BE ADOPTED. Motion carried unanimously. JACKSON MADE THE FOLLOWING AMENDMENT: SECTION 1A AFTER EXTENT PRA ABLE ONLY ::::::::> SWUMM INCINERATED OR LANDFILLED. Minutes, 10/09/90, Page 4 Motion carried unanimously. JACKSON MOVED TO ADD A NEW SUBSECTION, Hansey asked Thomas if there would create any problem. Thomas said it is out of alphabetical order and the county has no right to approve recyclers. Jackson said she does not want to close the door to recyclers. Thomas said she understands Jackson's concerns but if a recycler is included there could not be a single bill. Jackson is against giving all the business to the haulers and stated the recyclers would not be charging so there would be no bill. Pat Dunn, Heller, Herman, White & McAuliffe (attorneys for the haulers): Dunn said Jackson is correct, if there is no charge there would be no problem. The other point is we wrote in if haulers do not perform as county wants, they could pull the string and would then be controlling it through a contract. Vanderpol said if that is the case, is there a need to add the definition. Dan Liedecker, Nooksack Valley Disposal: He said this is a long term marriage, and they must invest a lot to get started and he objects to further regulations. He said there is protection written in to this ordinance and if recyclables become more valuable, the cost of pickup may be reduced in the future. Jackson asked if he objected to the addition of recycler; he said he did. Jackson said 50 percent of the waste stream will be recyclables if the County reaches its goals and that is being handed over to the haulers. John Davis, CAN, asked if this would be contrary to the Waste Not Washington law; Thomas said it would not. Thomas suggested amending Jackson's amendment to say a collector of source separated materials who imposes no charge. Jackson restated the amendment with the addition of Thomas' language: RECYCLER MEANS A COLLECTOR OF SOURCE SEPARATED MATERIALS WHICH IMPOSES NO CHARGE FOR SERVICE AS A NEW SUBSECTION G. Jackson said she would like to propose an amendment: ON PAGE 9, SECTION 5 AFTER CERTIFICATED HAULERS ADD THE WORDS Thomas disagreed with the addition on page 9 as it would mean recyclers would then have to come under UTC; this could drive up rates because the haulers would take the best routes. Jackson asked how this ordinance protects the rights of recyclers. Jackson said she would be happy to withdraw her motion if legal staff would look into ensuring the County is providing for private recycling. Warner said Jackson's concern is a good one that he shares but we must be careful not to create other problems. He said he also believes there needs to be competition. He said the Council can bring this back for review at any time. The hauler must provide the recycling containers, make an investment and make laborious reports. The council should request from administration the copies of the progress reports. Vander Yacht said we have regulation but no competition. Minutes, 10/09/90, Page 5 Jackson withdrew her motion. Laidlaw has an amendment on page 12 of the ordinance "The Solid Waste Manager shall research recyclable material markets and other program costs associated with the residential recycling collection. The Solid Waste Manager shall report annually to the Council and to the WUTC regarding such research." LAIDLAW SO MOVED. Motion carried unanimously. Laidlaw stated another amendment on Page 14 of the ordinance, on K. add the election made by this ordinance pursuant to RCW 36.58.040, notifying the WUTC to carry out the Plan rather than awarding a contract, shall continue for five years from the date of adoption, except as provided in this subsection. LAIDLAW SO MOVED. Jackson has some concerns about guaranteeing it for five years. Vander Yacht said he could not support this; most businesses have some risk. Vanderpol said there are safeguards built in, with controlled service and review. If the product becomes that valuable, rates would have to be changed. Motion to amend carried 5 -2 with Vander Yacht and Jackson against. There was discussion between Jackson and Warner about an amendment in section 10 or a new 11 to review proposed fees for service before implementation. Thomas said the County will have a 45 day window to act if it does not like the way things are going. The amended ordinance is before us, said Hansey. Imhof said he does not feel good about this issue; he said he has not been able to get any information on rates. Warner said if haulers do not do a satisfactory job the opportunity is revoked and there is a provision for the county council to get back into this. Jackson expressed concern that not all amendments had gone before the Solid Waste Advisory Committee (SWAC); Bob Jurica said the first draft did go before the SWAC except for today's amendments. Warner said this issue has been subject to more review than any other issue the county has dealt with. Warner said he is also concerned with competition. Vander Yacht said he can't articulate as well as Dan but his concern is with competition; he will however support the ordinance. Motion carried unanimously. 2. ORDINANCE CREATING A SOLID WASTE COLLECTION DISTRICT (AB90 -3) Vanderpol reported Public Service forwarded this issue without recommendation. Minutes, 10/09/90, Page 6 VANDERPOL MOVED THE COUNCIL PASS THIS ORDINANCE. Vanderpol stated he had some amendments: On page 85 of the packet, section 3, solid waste' collection district ... be added every place in the ordinance that solid waste collection appears. Motion to amend carried unanimously. Vanderpol made the following amendment: Delete section 3 entirely, and replace it with the following: A. [same] B. Any person who wishes an exemption from the provision or application of this ordinance may file an affidavit with the Solid Waste Manager which states substantively as follows: I swear or affirm that I should be exempt from the requirements of universal recycling and solid waste collection because I am disposing of my solid waste in an environmentally sound way. This affidavit is subject to verification by the Solid Waste Manager or his /her designee. C. {Use previous "D ".] Vanderpol thinks the mandatory district is responsible and the will of the people. Some of the objections coming from people would be answered if the exemption was changed to the above wording. Vander Yacht disagrees with Vanderpol and said he thinks the county is just trying to diffuse the issue and stop complaints. Warner said an oath is heavy duty. Imhof said in committee the staff had seemed concerned with who will police this and how can this be enforced. Vanderpol defended this over the menu of exemption criteria. Jackson asked if 50 percent say they are doing this in an environmentally sound way would the other 50 percent pay for their share. Vander Yacht says he thinks the county is trying to wimp out on this; Vanderpol says he does not think this will be wimping out and Laidlaw agreed. Motion to amend carried 4 -3 with Jackson, Vander Yacht and Imhof opposed. Ordinance adopted 5 -2 with Vander Yacht and Jackson against. Warner spoke to CAN and said it is a misnomer as this has been through the system more than any other piece of legislation since he's been on the Council. Vander Yacht said we are getting to a government of initiative and referendum. 3. ORDINANCE INCREASING THE SALARY FOR BOARD OF EQUAL- IZATION MEMBERS (AB90 -308) Warner reported Finance recommended approval of this item with the following .......................... ............................... amendment: Ordinance #@ increasing the salary for the Board of Minutes, 10/09/90, Page 7 Equalization members from the present $50 per day to $55 per day Delete lines 18, 19, and 20, and the word fafther on line 21. WARNER MOVED TO AMEND. Motion carried 6 -0. WARNER MOVED THE AMENDED ORDINANCE BE ADOPTED. Motion carried 6 -0 with Vander Yacht out of the room. 4. ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR THE SUMAS RIVER FLOOD CONTROL DISTRICT NO. 2 FUND (AB90- 330) Warner reported Finance recommended approval of this item. WARNER SO MOVED. Motion carried unanimously. 5. ORDINANCE REVISING THE CURRENT EXPENSE FUND, HEARING EXAMINER'S APPROPRIATION FOR PROFESSIONAL SERVICES (AB90 -331) Warner reported Finance recommended approval of this item with the following amendment: The amount to be added is $244. rather than $1,500. WARNER SO MOVED. Motion to amend carried unanimously. Amended ordinance carried unanimously. 6. ORDINANCE REVISING THE 1990 TORT CLAIMS FUND (AB90 -332) Warner reported Finance recommended approval of this item. WARNER SO MOVED. Motion carried unanimously. OTHER BUSINESS 1. APPEAL OF HEARING EXAMINER'S DECISION ON CU 10- 89/2 -90, FILED BY OLIVINE CORP. (AB90 -294) Minutes, 10/09/90, Page 8 Randy Watts, Chief Deputy Civil Prosecutor, stated that he had stated in the Committee of the Whole meeting that there had been a finding of fact made concerning recycling. This finding of fact was not made, only a conclusion of law. JACKSON MOVED TO OVERTURN THE HEARING EXAMINER AS BEING CLEARLY ERRONEOUS ON THE ENTIRE RECORD BECAUSE OF THE LACK OF EXISTENCE IN THE RECORD OF ANY STATEMENTS TO SUPPORT THAT THE SOLID WASTE MANAGEMENT PLAN WAS REFERENCED IN TITLE 20 TO CONSIDER A CONDITIONAL USE PERMIT. Watts noted that a letter had been received from Bob Tull of Langabeer, Tull and Cuillier, attorneys for RECOMP, that states "..I wish to have clarification of whether Mr. Imhof is engaged in private business dealings with the Olivine Corporation or its principals. I believe that such dealings may exist, involving the selling, leasing or brokering of vehicles or equipment. In no way do I suggest that such dealings, if occurring, would be improper or inappropriate in any way. It is simply a case, however where a Council person simply cannot participate in a quasi-judicial matter if he or she is financially involved with an appellant." Imhof replied that he had never had any dealings with Corky Smith, Sr., Jr., or the Olivine Corporation with any equipment leasing, purchases, sales or anything else and he said he will put that on the record and will not disqualify himself. Warner asked how the Council will know if this solid waste is being handled correctly and how it will be policed. Jackson said it is handled through the Health Department. Warner stated it should say that the Solid Waste Plan needs to be conformed to. Jackson said it is valid to consider whether we should say that but we did not say that when Olivine applied for this permit. Motion failed 4 -3 with Hansey, Vanderpol, Laidlaw and Warner against. IMHOF MOVED TO OVERTURN THE HEARING EXAMINER'S DECISION ON THE OLIVINE CASE BECAUSE OF AN ERROR OF LAW. He stated our Attorney has just said there was no finding of fact; that recycling was not included. He discussed the difference in wording of should and shall making this non- specific. A letter was produced at the hearing stating long haul did comply with the Whatcom County Solid Waste Comprehensive Management Plan (SWCMP). This letter was directed to one of the Vice Presidents of RECOMP in Denver by our own Solid Waste Manager, Bob Jurica. For these reasons, Imhof said he could not understand the Hearing Examiner's decision. Warner asked Watts if the Hearing Examiner concluded that the application did not adhere to the Solid Waste Plan but there were no findings to support this, would this not be an error of law and should we remand it to the Hearing Examiner or ask Olivine to resubmit another plan that does comply. Watts said in the Hearing Examiner's decision he does make some finding of fact dealing with the state law and WACs which lists landfilling as the least preferred method of solid waste handling. There is a finding of fact that the applicant asserts that the Minutes, 10/09/90, Page 9 SWCMP is not a formal element of the comprehensive plan itself and therefore a conditional use application need not comply with that plan. He then concludes as matter of law that in fact it is a part of the law and the comprehensive plan has to be complied with and makes a conclusion of law that the permit application of the Olivine Corporation's proposal was to add a transfer facility to a landfill method of solid waste management in direct contradiction of state and county policies. The findings of fact was based on the application. Imhof said Olivine has bins for source separation the same as the competition ( RECOMP). In the plan it says we "should" have this and that, not shall. At RECOMP it is dumped into trucks and sent to Eastern Washington. Vander Yacht urged the Council Members to exercise their judgment carefully. Vanderpol said at this point he cannot agree with Imhof. He does not think Olivine is far from being in compliance with the plan and he would like to see them get in compliance. He suggested a reapplication. Imhof said as Watts states the application complies in every way but the Solid Waste Management Plan and that "shoulds" are what we would like to have but not a mandated thing. In his opinion it falls within the plan; we are discussing what was on the books when the application was filed, said Imhof. There was discussion between Vander Yacht and Warner on this issue. The implication of overturning the Hearing Examiner is to permit a landfill facility, said Warner. He would prefer to remand this to the Hearing Examiner. Motion failed 4 -3 with Hansey, Vanderpol, Laidlaw and Warner against. LAIDLAW MOVED TO REMAND THIS TO THE HEARING EXAMINER FOR IMPOSITION OF CONDITIONS SUCH AS REDUCTION, RECYCLING AND OTHER KINDS OF SOURCE SEPARATION. After discussion and input Laidlaw made the following amended motion. LAIDLAW MOVED TO REMAND THE OLIVINE APPEAL BACK TO THE HEARING EXAMINER WITH IMPOSITION OF CONDITIONS TO ENSURE ATTENTION TO RECYCLING AND SEPARATION OPPORTUNITIES IN COMPLI- ANCE WITH THE SOLID WASTE MANAGEMENT PLAN. Amended motion carried unanimously. Haney made a statement asking Council members not to impune the motives of other Council members. 2. APPOINTMENT TO SEWAGE APPEALS BOARD (AB90 -335) VANDERPOL MOVED GERALD KRAFT BE APPOINTED. Motion passed unanimously. 3. APPOINTMENTS TO CEMETERY DISTRICT 3 COMMISSION (AB90- Minutes, 10/09/90, Page 10 336) VANDERPOL MOVED RICK SHAW AND FAYE JACOBS BE APPOINTED. Motion carried unanimously. 4. NEW APPLICATION FOR A BCEF LIQUOR LICENSE BY KENNY JAKE DIXON AND SHELLEY ALBERTA DIXON FOR THE WORK- SHOP (KING COHO ENTERPRISES) AT 7863 BIRCH BAY DRIVE, BLAINE (AB90 -346) VANDERPOL MOVED THIS APPLICATION BE APPROVED. Motion carried unanimously. 5. NEW APPLICATION FOR AN EF LIQUOR LICENSE BY AUDRA MAE PANGBURN FOR THE CUSTER COUNTRY STORE, 2910 MAIN STREET, CUSTER (AB90 -347) VANDERPOL MOVED THIS APPLICATION BE APPROVED. Motion carried unanimously. 6. REQUEST FOR SUPPORT FOR FOURTH CORNER DEVELOPMENT REGARDING LOCAL DEVELOPMENT MATCHING FUND PROGRAM (AB90 -337) Laidlaw reported Planning & Development recommends the Council give its support to this item and send a letter. I�IR3my , 10611k, Fj [oIiI�� Motion carried unanimously. 7. *RECEIPT OF APPEAL, HEARING EXAMINER'S DECISION ON SHORELINES VARIANCE 8 -90, FILED BY ROBERT PETRIE (ON FILE PENDING TRANSCRIPT RECEIPT) (AB90 -338) The Council received this item; it will be processed on receipt of the transcript. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION ACCEPTING HILL - BURTON UNCOMPENSATED AND COMMUNITY SERVICE OBLIGATIONS OF HEALTH DEPARTMENT FOR ITS EXPANDED FACILITY (AB90 -334) Minutes, 10/09/90, Page 11 Warner reported Finance recommended approval to Council. WARNER SO MOVED. Motion carried unanimously. 2. *ORDINANCE REVISING THE 1990 NW WASHINGTON FAIR FUND APPROPRIATION FOR UNANTICIPATED PROPERTY PAYMENT AND CAPITAL COSTS (AB90 -345) (FINANCE) 3. *ORDINANCE AMENDING THE OFFICIAL ZONING MAP FROM RURAL -ONE DWELLING PER 10 ACRES TO RURAL -ONE DWELL- ING PER FIVE ACRES FOR ONE PARCEL (10 ACRES) IN THE FOOTH LI.S SUBAREA (AB90 -339) (PLANNING) Items 2 and 3 will be referred to the appropriate committees and will be on the October 23 agenda. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Mt. Baker Theater: Vanderpol said he is on the Mt. Baker Theater Board. When the theater was purchased the County made a one -time donation so it would not be involved with the ongoing operations. Last week a fund became available for restoration from State. He said they plan to restore the front of the theater, put the lights up again and rebuild the marquee. There is some assurance that they will receive a grant of $125,000 and Vanderpol wants to take $50,000 from the Visitors and Convention Bureau subject to the Mt. Baker Theater getting the State grant. VANDERPOL MOVED THAT THE EXECUTIVE BE ASKED TO DEVELOP AN ORDINANCE TO BE BROUGHT FORWARD AT THE NEXT MEETING. Motion carried unanimously. Lake Whatcom Watershed Committee: Vander Yacht reported for the Lake Whatcom Watershed Committee; he said Galvin and Taylor of Planning had made a presentation on the forestry classification at the 10/2 meeting. Pt. Roberts: Warner wants clerk to transcribe Martin Keeley's comments and forward them to the Executive and ask that his complaints be addressed. Meeting Schedule: Laidlaw moved the Council meet December 4 and ll, reserving December 18 for emergencies, since December 25, and January 1 would the regular meeting days; the first meeting in 1991 will be January 8. Motion carried unanimously. Minutes, 10/09/90, Page 12 Meeting adjourned at 10:40 p.m. ATTEST: Bar ara Maher, Coun lerk WHATCOM COUNTY COUNCIL ASHINGTON Minutes, 10/09/90, Page 13