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HomeMy WebLinkAboutSpecial Council for March 26 1985WHATCOM COUNTY COUNCIL SPECIAL COUNCIL MEETING Minutes -- March 26, 1985 The Whatcom County Council Special Council meeting was called to order at 7 :05 p.m. by Chairman Roehl, with all members present. PUBLIC HEARING ON PROPOSED HERBICIDE RESOLUTION The public hearing regarding a resolution providing for an annual integrated roadside maintenance program, providing for selective herbiciding where safe and practical and prohibiting the use of herbicides in certain areas of the county was declared open. Chairman Roehl explained the procedure and purpose of tonight's meeting. John Smith DuPont Agricultural Chemicals Salem, Oregon Jerry Beachell Dow Chemical USA Sherwood, Oregon James F. Cool 4462 Park Road S. W. Stated that he was available to answer any questions that may arise during the meeting. Stated that he was also available to answer any ques- tions that may come up. Spoke in support of the language "fully registered" being in the proposed ordinance. Chairman Roehl explained that it was his error that the word "fully" had been deleted from the resolution. He stated that the motion passed at the March 14th Committee of the Whole meeting had included the word "fully ", and it will be put back into the resolution. Peter Willing Whatcom County Water District No. 10 Bob Moore North Shore Road Lk. Whatcom Watershed Advisory Committee Submitted a statement dated March 26, 1985 (see exhibits in file); spoke in support of the concept of integrated vegetation management; gave suggestions for amendments to the resolutions. Referred to his letter dated February 14, 1985 regarding the Lk. Whatcom Watershed Advisory Committee's lack of consensus regarding herbicide use (see exhibits in file). Special Council Meeting March 26, 1985 Page 2 Rita Foley Lk. Whatcom Watershed Advisory Committee Anne Morris Lummi Island Watershed Protection Association Howard Andreasen Willeys Lake Road Custer Steve Schneider 2455 Tuttle Lane Lummi Island Nogie King Mt. Baker Watershed Protection Association Barbara Ford 2901 Cottonwood Tony Idczak 6300 Saxon Road Acme Michael Savatgy 5804 N. Fork Road Deming Pat Savatgy N. Fork Road Spoke against the use of herbicides in the County. Submitted proposed amendments to the draft resolution (see exhibit in the file); spoke on the proposed amendments. Spoke in support of spraying roadside ditches, especially for tansy ragwort. Expressed concern over an apparent language contradiction between lines 18 and 25, page 1: "safe and economical" as opposed to "uncertain risks ... to human health and safety ". Spoke on proposed language changes to the resolution which would refer to "integrated vegetation management "; spoke in support of increased and more efficient notification procedures; spoke in support of a Citizens Advisory Board. Directed her comments to any Councilmembers who are hesitant about change; she questioned the EPA registration of herbicides and spoke in support of an integrated vegetation managment program. Spoke in support of the County contracting privately for roadside vegetation management. Spoke in support of Becker's draft of the resolution; also spoke on the financial aspects of roadside maintenance, and in support of private contractors and County test plots. Spoke in support of signs being placed along roadsides that have been sprayed. Special Council Meeting March 26, 1985 Page 3 Doug Vanner Lummi Island Terry Willy 3239 Mosquito Lake Road Charles Ayer Rutsatz Road Steven McKell 4490 Park Road John Conley Rutsatz Road Sharon Ayer Rutsatz Road Spoke against spraying on Lummi Island Spoke against herbicide spraying. Spoke in support of greater notification of public when spraying is going to take place. Spoke in support of the County taking a strong stand against the use of chemicals and herbi- cides and setting an example for private citizens to follow. Stated that he would be willing to pay more taxes if it meant less herbicides. Spoke in support of being good stewards of the earth's resources. John Smith Spoke in support of the integrated Dupont Agri. Chemicals vegetation management concept; Salem, Oregon provided background information on the testing of chemicals and registration by the Environmental Protection Agency; answered Councilmembers' questions. Mike Barry Urged the Councilmembers to Rutsatz Road consider the children of the County and their future. Dan Grantham Ennes Creek Road Wickersham Questioned Dupont's budget with regards to funds used for testing chemicals as opposed to funds used for lawsuits; spoke on the importance of timing when trying to get rid of certain plants; expressed a complaint about the "Owner Will Maintain" agree- ments: no specifications as to how the roadside is to be main- tained and too much liability for property owners to carry. Special Council Meeting March 26, 1985 Page 4 Wendy Borgesen Asked a question on liability 2504 Peabody St. and the effects chemicals can have over long periods of time; raised a question over inhala- tion of chemicals as opposed to ingestion of chemicals. Richard Vaughn Questioned the language of the Rutsatz Road resolution that refers to herbicides being "safe and economical ", and then later referring to "minimizing the use of herbicides in consider- ation of the uncertain risks "; also thanked the County for recently cutting vegetation in the area of his residence. Chuck Barringer Asked Mr. Smith if Dupont does 1815 "J" St. long -term testing on chemicals. John Smith Replied to Mr. Barringer's Dupont Ag -Chem. question: 2 -year constant feed study on animals; toxic response and 1�.no observable effect" levels; also long -term studies are done on employees. Chuck Barringer Questioned the "unknowns" with 1815 "J" St. regards to long -term effects of chemicals; stated that Huxley College is trying to get monies from the E.P.A. to study local County wells. Jeff Clark Questioned the standards and 2504 Peabody criteria used by chemical com- panies in their testing processes; spoke in support of new policy. at the County level. Russell Ford Provided information on recent 2901 Cottonwood studies done on tansy ragwort and its removal; also questioned a statement Mr. Smith had made earlier about mechanical methods causing more harm than spraying. Cheryl Platt Provided examples of animals Kelly & Mission Roads which can tolerate certain chemi- cals which are considered dangerous for humans; stated that tests on animals do not hold true for humans Special Council Meeting March 26, 1985 Page 5 Elaine Bjornsen Spoke in support of using 2829 Birchwood chemicals only when necessary; also spoke in support of better notification processes. Brian Evans Spoke against the use of animals 1457 Grant for chemicals testing; spoke against the exportation of chemi- cals (those that are illegal in the U.S.) to countries with less stringent reguy.E.tions; spoke in support of the use of private contractors for the County's roadside maintenance program. John Walker Urged the County to look at the Nelson Road long -term effects rather than short -term effects in putting together a County roadside maintenance program. Fred Burman Spoke in support of better Cornell Creek Road management of the roadside maintenance program. Ken Doty Spoke against "hiding" behind 2104 "J" St. the word "liability" or behind "fully registered" when the the County looks at its liability when using chemicals; stated that responsibility is preventative. Wayne Harrison Questioned the validity of the statistics given earlier by Mr. Smith of the Dupont Chemical Company. Rita Foley Spoke again against the use of Lake Whatcom Watershed chemicals; spoke on the uncertainty Advisory Committee of herbicides when they mix with the chemicals already present in the soil and water. Barbara Ford Spoke again and .stated that the 2901 Cottonwood testing done in laboratories does not correlate directly to the environments where the chemicalE are eventually used; spoke on the validity of "LD -50" testing by chemical companies;. questioned the validity of chemical companies who continue to produce chemicals that are now illegal in the U.S. Special Council Meeting March 26, 1985 Page 6 Unidentified citizen Steve Schneider 2455 Tuttle Lane Lummi Island Janet Conniff LaBrandt Road Proposed criteria for the" County to consider: don't use chemicals that are water - soluble, as they can eventually enter a water system; don't use petroleum dilutants, as they are not broken down but go directly into the water system. Spoke in support of keeping the taxpayers' money in the County. Gave personal testimony about an incident regarding her sister's pregnancy and possible chemical - related complications. Chairman Roehl read into the record a list of exhibits received from the following people: Letter dated 3/26/85 from Frances Barbagallo, 5625 Rutsatz Road, Deming Proposed redraft of the resolution prepared by the Lummi Island Watershed Protection Association Letter dated 3/26/85 from Peter Willing, General Manager of the Whatcom County Water District No. 10 Letter dated 3/22/85 from Michael Wardell, Lummi Island Petition signed by residents of the Saxon Road dated 3/25/85 Letter from Harry Skinner dated 3/26/85 Letter from Paul and Victoria Kenna, 3038 Valley Highway 9, Deming (dated 3/26/85) The public hearing was declared closed. The meeting was recessed at 9 :18 p.m. The meeting reconvened at 9 :30 p.m. Chairman Roehl opened the meeting to propose amendments by Councilmembers to the resolution. BECKER MOVED TO AMEND THE TITLE OF THE RESOLUTION TO READ AS FOLLOWS: A RESOLUTION PROVIDING FOR AN ANNUAL INTEGRATED ROADSIDE VEGETATION MANAGEMENT PROGRAM, WHICH MINIMIZES THE USE OF HERBICIDES AND PROHIBITS THE USE OF HERBICIDES IN CERTAIN AREAS OF THE COUNTY. Special Council Meeting March 26, 1985 Page 7 The motion to amend the title carried. BECKER MOVED TO AMEND THE RESOLUTION WITH THE FOLLOWING: Wherever the words "integrated roadside maintenance program" occur in the resolution, replace the word "maintenance" with "vegetation management ". The motion to amend carried. COLE MOVED TO AMEND THE RESOLUTION BY STRIKING THE SECOND AND THIRD "WHEREAS" PARAGRAPHS ON THE FIRST PAGE (LINES 12 -22). Cole spoke to the motion. The motion to amend carried. HANSEY MOVED TO AMEND THE RESOLUTION ON PAGE 1, LINE 25 BY STRIKING THE WORD "UNCERTAIN" AND REPLACING IT WITH THE WORD "PERCEIVED ". Hansey spoke to the motion. The motion carried. HANSEY MOVED TO AMEND THE RESOLUTION WITH THE FOLLOWING: Wherever the word "chemicals" appears in the resolution, replace it with the word "herbicides ". Hansey spoke to the motion. The motion carried. COLE MOVED TO AMEND THE RESOLUTION ON PAGE 2, LINE 4, SECTION A, TO READ AS FOLLOWS: "All herbicides used by the Department shall be those fully and unconditionally registered for the use intended by the..." Cole spoke to the motion. Diane Joplin, Maintenance and Operations, stated that the labels on the herbicides mean "registered for the use intended ". She has spoken with the Department of Agriculture, asking about the "fully registered" herbicides, and they informed her that all herbicides are registered for their intended use. Hansey spoke in support of adding the word "labelled" before the word "use ". Barbara Ford spoke about Special Local Needs (SLN's). Nogie King asked Craig MacConnell to explain the term "Special Local Needs" further. Special Council Meeting March 26, 1985 Page 8 Following further discussion on this amendment, HANSEY MOVED TO POSTPONE CONSIDERATION ON THIS AMENDMENT UNTIL THE NEXT MEETING. The motion to postpone carried. COLE MOVED TO AMEND THE RESOLUTION BY ADDING THE FOLLOWING LANGUAGE ON PAGE 2, LINE 12: "...personnel in integrated vegetation management alternatives and in the selection..." The motion to amend carried. COLE MOVED TO AMEND THE RESOLUTION WITH THE FOLLOWING: Page 2, line 18 -- Add the following language, to read as follows: "At least one week Ppr1or to commencing... grange halls, fire stations, ete= and every one -half mile on the roads to be sprayed." HANSEY MOVED TO DIVIDE THE QUESTION. The motion to divide carried. Chairman Roehl stated that the motion before the Council is to add the words "At least one week" before the word "prior" on line 18, page 2. The motion to amend carried. Chairman Roehl stated that the motion before the Council now is to add the words "and every one -half mile on the roads to be sprayed." and delete the word "etc. ". Cole spoke to the motion. Hansey spoke against the motion the way it is presently written. COLE REWORDED HIS AMENDMENT TO READ AS FOLLOWS: "fire stations, ete- and in addition, notices shall be posted along the roadways in the areas to be sprayed." Cole spoke to the motion. Cole yielded his amendment, in order for Johnson to propose an amendment. Special Council Meeting March 26, 1985 Page 9 JOHNSON MOVED TO ADD THE FOLLOWING TO THE RESOLUTION: Page 3, at the end of the resolution "BE IT FURTHER RESOLVED that during 1985, all roadside vege- tation control within the first Council District shall be accomplished only through mechanical and manual means, and that a thorough study of the results of this method of control be done." Johnson spoke to the motion. Cole spoke in support of the motion. The motion carried. Chairman Roehl stated that this resolution will be added to the agenda of the March 28th Committee of the Whole meeting for further work. The meeting adjourned at 10:20 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl Chairman ATTEST: Caro J Ebergson Clerk bf the Council