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Home My WebLink AboutSpecial Council for April 30 1984WHATCOM COUNTY COUNCIL OFFICIAL PROCEEDINGS SPECIAL COUNCIL MEETING Minutes -- April 30, 1984 The Special Council Meeting was called to order on Monday, April 30, 198:4 at 7:20 p.m. by Chairperson Cole with all members present. Continued review was held regarding the application of Kiewit Construction Company for Zoning Major Development and Shoreline Substantial Development and Conditional Use Permits. Chairperson Cole stated that no new testimony will be heard and discussion will be held only on evidence currently contained in the record. Phil Serka, attorney for the applicant, presented to the Council amendments to the Hearing Examiner's recommendation to County Council, regarding abandonment and local hiring procedures, as requested by the Council at the meeting of April 19, 1984. Mr. Serka's proposed amendment regarding abandonment is as follows: "Abandonment is defined as cessation of the activity both onsite an offsite not clearly set forth in the applicant's plan of operation or by any other sufficient written notice, extending for more than five (5) consecutive years or when, by reasons of examination of the premises or by any other means, it becomes the opinion of the Bureau of Buildings and Codes that the operation has in fact been abandoned by the permittee: Provided, that the permittee does not, within thirty days of receipt of written notification from the Bureau of Building and Codes of their intent to declare the operation abandoned, submit evidence to the Bureau's satisfaction that the operation is in fact not abandoned and that a good faith effort is being made to continue operation evidenced by either offsite activity or onsite activity." In his presentation to the Council, Mr. Serka stated that the definition of "abandonment," was taken from the Surface Mining Statute, RCW 78.44. He suggested that it may be added at the end of "Condition #20." Mr. Serka also presented his proposed amendment regarding a local hire policy, which is as follows: "The permittee shall be required to monitor and compile accurate information on employees in order to assist in evaluating the percentage of employees that are residents of Whatcom County. This information shall be made available to Whatcom County upon request." Mr. Serka questioned whether the County has the power to enforce such policies on private industry. Spe:e- a3 CounbIl Minutes April 30, 1`4t -A Page 2 Mr. Dave Shelso, Project Engineer, spoke regarding the local hiring practices already employed by the Kiewit Construction Company. ,Chairperson Cole requested that Mr. Serka submit a written state„me'nt clarifying the intentions of the Kiewit Construction Com'p:ilyy to maintain a local hire policy. Hanee`y stated that it may be difficult to find language that will state the intentions of the Council and also pass the legality of state and federal laws. Mr. Serka spoke regarding the assignment of permits, and stated that only one permit, the conditional use permit, is subjected to a review before re- assignment. Donovan Kehrer, Deputy Administrator of the Bureau of Building and Codes spoke regarding the process involyad in transferring permits., At this time, each eouncilmember asked questions regarding the application of the Kiewit Construction Company. Muenseher spoke regarding the possibility of designing a multiple use dock at the Cherry Point location, which would broaden the scope and use of the last deep water port in the state. Mr. Shelso stated that a multiple use dock could be discussed after the required permits are obtained. Cole spoke in support of Muenscher's concerns. Mr. Larry Leverson, President of the Anvil Corporation, explained that the site area is a barge loading dock and not a deep water dock. Chairman Cole requested Donovan Kehrer, Deputy Administrator, Bureau of Building and Codes to contact the Port of Bellingham regarding any multiple use issues that they feel should be or should have been addressed and report back and submit their written comments to the Council, and also provide a copy of the Port's response to the applicant. Mr. Serka suggested that the Council obtain legal advice from their counsel regarding whether this issue could be d3alt with at this particular time, due to the fact that the environmental review has been accomplished. Becker spoke in support of Muenscher's concerns regarding a multiple use dock. S :p,e:0 a:l Council Minutes A pir';i 1 _30 I 1 9 8A P ag;e 3 Roe°hl questioned the intention of the Kiewit Construction Company to ma n°t&ln the quality and quantity of water in the marshy area of t'ha sa=te. Mr. Shelso explained the water discharge standards that be used. Kebrer stated the concerns of his department regarding Cond' tio:h� #8 and the entering of pollutants in the marshy area. mr. KQhr60 requested clarification of where drainage from the precast eonpre'ie yard will be eliminated to and how it will be treated prior to `disehar:g'e. Mr. Leverson explained the procss which Kiewit will use to treat the water prior to discharge to the marsh. Mr. Kehrer felt that Condition #8 should be modifid to state that either: 1) "no run -off shall leave the concrete yard" or, 2) "no make -up water shall leave the concrete yard." Chairperson Cole requested that Mr. Kehrer submit language regarding this issue, in consultation with Mr. Serka. Chairperson Cole questioned if the implementation of a "ride spar -e" program could be made a condition. Mr. Shelso stated that a ride share •program could be implemented. Chairperson Cole questioned whether the enforcement and supervision of the compliance of all conditions could be placed with th -e Bureau of Buildings and Code Administration. Mr. Kehrer explained that the Bureau of Buildings and Code Administration currently monitors compliance with conditions. Hansey asked for clarification regarding the timetable for action by the Council. Bruce Disend, Deputy Prosecuting Attorney, explained the processes the Council may now follow. Chairperson Cole suggested that a deadline be set regarding the submission of Council Members' written modifications to the Hearing Exaani.ner's recommendations. Becker questioned if public input would be heard regarding the modifications. Cole suggested that a public hearing could be held regarding any new conditions submitted. HANSEY MOVED THAT THE COUNCIL MEMBERS BE ALLOWED UNTIL TUESDAY, MA--)r 8, AT 4:30 P.M. TO SUBMIT ANY WR'ITTFT? COMMENTS OR SUGGESTIONS TO T -HE !HEARING EXAMINER'S RECOMMENDATIONS AND THAT TH0:1E SUBMISSIONS BE MA'D•E AVAILABLE IN THE COUNCIL OFFICE FOR PUBLIC REVIEW AND THAT AT THE MAY 11-.1i COUNCIL MEETING, PUBLIC COMMENTS ON BOTH THE HEARING EXAMINERS RECOMMENDATION AND THE COUNCIL MEMBERS FURTHER RECOMMENDATION-,S BE RECEIVED AND THAT THE MATTER BE PLACED ON THE AG,' DA FOR FI-:NAL CONSIDERATION. Hansty clarified his motion in that written comments will be received reg :aiding the Hearing Examiner's recommendations and oral and written comments will be received regarding the Council members' -- r r Spedpial Gounu l Mi- rrua =es A.prii 30r, 1984 ..P!ag.e`, y recpatmend'ations.. Becker suggested that both written and oral comments be al�owod, T$r tike -Hearing Examiner's an :d Council's recommendaitons. Hansey agreed to the suggestion. Cole spoke r.e;garding the motion and suggested that the May 8th d' eaxIlirie be ex, tded' -so that the issues regarding a multiple use dock and'neW ltngUa?ge.ptoposed by Mr. Kehrer for Condition #8 could be submitted:. Hanley agreed. Thb•;'Chair re- stated the motion as HAVE COUNCIL MEMBERS' PROPOSED MOD:IFICAT'IONS FILED WITH THE CLERK BY MAY 10TH AT 4:30 F.M. AND THOSE WIL2- BE `MADE AVAILABLE TO THE PUBLIC, AND ON MAY 17TH, A PUBLIC H$A'I:hNG rift 4E HELD TO RECEIVE WRITTEN OR ORAL ARGUMENTS ON THE HEAING E %AMZ'NER'S RECOMMENDED DECISION AND COUNCIL MEMBERS PROPOSED MODI ICATIONa AND THAT THE MATTER BE PLACED THE AGENDA FOR FURTHER CONiDEAATID'N. Motion carried unanimously. A Special Council Meeting will be held at 6 :30 p.m. on May 17, 1984. I,NTE'RIM, S:DLI;D. WASTE DISPOSAL County Executive Shirley Van Zanten presented a memorandum to the Council, dated 4- 30 -84, regarding interim solid waste disposal. In her memo, the Executive recommends that a contract for waste disposal not be entered into at this time. However, she would like to introduce an ordinance at the May 3rd Council meeting which would raise the rates at the Cedarville disposal site to assure the diversion of waste ROEHL MOVED TO APPROVE THE SUGGESTION OF THE EXECUTIVE AS SET FORTH IN HER MEMORANDUM OF 4- 30 -84. Motion carried. Johnson statd that he will be absent from th Council meeting on May 3, 1984 and asked to be excused. Meje:t, 6g adjourned at 9:50 p.m. W CO COUNTY C4UNOL HAT M CO HINGTON C ig W. o e Chairper n Spedpial Gounu l Mi- rrua =es A.prii 30r, 1984 ..P!ag.e`, y recpatmend'ations.. Becker suggested that both written and oral comments be al�owod, T$r tike -Hearing Examiner's an :d Council's recommendaitons. Hansey agreed to the suggestion. Cole spoke r.e;garding the motion and suggested that the May 8th d' eaxIlirie be ex, tded' -so that the issues regarding a multiple use dock and'neW ltngUa?ge.ptoposed by Mr. Kehrer for Condition #8 could be submitted:. Hanley agreed. Thb•;'Chair re- stated the motion as HAVE COUNCIL MEMBERS' PROPOSED MOD:IFICAT'IONS FILED WITH THE CLERK BY MAY 10TH AT 4:30 F.M. AND THOSE WIL2- BE `MADE AVAILABLE TO THE PUBLIC, AND ON MAY 17TH, A PUBLIC H$A'I:hNG rift 4E HELD TO RECEIVE WRITTEN OR ORAL ARGUMENTS ON THE HEAING E %AMZ'NER'S RECOMMENDED DECISION AND COUNCIL MEMBERS PROPOSED MODI ICATIONa AND THAT THE MATTER BE PLACED THE AGENDA FOR FURTHER CONiDEAATID'N. Motion carried unanimously. A Special Council Meeting will be held at 6 :30 p.m. on May 17, 1984. I,NTE'RIM, S:DLI;D. WASTE DISPOSAL County Executive Shirley Van Zanten presented a memorandum to the Council, dated 4- 30 -84, regarding interim solid waste disposal. In her memo, the Executive recommends that a contract for waste disposal not be entered into at this time. However, she would like to introduce an ordinance at the May 3rd Council meeting which would raise the rates at the Cedarville disposal site to assure the diversion of waste ROEHL MOVED TO APPROVE THE SUGGESTION OF THE EXECUTIVE AS SET FORTH IN HER MEMORANDUM OF 4- 30 -84. Motion carried. Johnson statd that he will be absent from th Council meeting on May 3, 1984 and asked to be excused. Meje:t, 6g adjourned at 9:50 p.m. W CO COUNTY C4UNOL HAT M CO HINGTON C ig W. o e Chairper n