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HomeMy WebLinkAboutPublic Works August 5 2008WHATCOM COUNTY COUNCIL Public Works and Safety Committee August 5, 2008 Committee Chair Barbara Brenner called the meeting to order at 1:30 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: L. Ward Nelson None Laurie Caskey- Schreiber Also Present: Sam Crawford Carl Weimer COMMITTEE DISCUSSION 1. DISCUSSION OF A PROPOSED ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 8.10.050, RESIDENTIAL RECYCLING COLLECTION (AB2008- 287) Brenner asked why this is on the agenda. Crawford stated this item was originally scheduled for a public hearing at this evening's meeting. The Solid Waste Advisory Committee (SWAC) wants to discuss this. Brenner stated everyone is assuming that they want to shut down the business in Point Roberts. She wants economic data on this business from an objective third party. She understood that would come from the Washington Utilities and Transportation Commission (WUTC). She wants to see the data. Crawford stated the Solid Waste Advisory Committee will schedule this item during its next meeting. The County received something from the WUTC, which said the business owner is in violation of law and the WUTC is moving its process forward. Brenner stated this seems to be a good opportunity for the County Council to determine what should happen in Point Roberts, rather than react to what's happening. Go through a process of looking at what the County wants to happen in Point Roberts. The County has a solid waste specialist who has never brought the Council ideas about what can happen at Point Roberts. An independent solid waste consultant gave her many ideas and offered to advise the Council for free. Before they can deal with this ordinance, the Council must talk to its attorney this evening. Dan Gibson, Prosecuting Attorney's Office, stated there is a discussion of garbage and recycling issues scheduled before the Committee of the Whole this evening. Nothing legally prevents this committee from discussing whether or not the County has mandatory curbside service. Caskey- Schreiber stated deal with this ordinance only. Public Works and Safety Committee, 8/5/2008, Page 1 Crawford stated they don't need to have this meeting today, and take it up later. SWAC is there to look at the issues that are relevant, such as whether there should be curbside recycling. Normally, the Council waits until the respective advisory committee takes up an issue before the Council committee takes up an issue. This committee would be out of order from the regular process if it discusses this today, but nothing prevents the committee from discussing it. Brenner stated the County Council has never been given a menu of alternatives for Point Roberts. She contacted an independent- consultant who gave her many ideas. Many of the issues are connected. They need to understand what is and isn't possible, and what things cost. She asked if they can open the issue to all kinds of things or just to the issue the contractor wants. Gibson stated the Council opens up as little or as much as it wants to open up. They deal with issues as they come forward. This issue is brought forward because the County sent a letter to the WUTC, which initiated a hearing. Brenner stated that letter was to ask about all kinds of issues. It was a way for the County to get economic data from the WUTC. Gibson stated he doesn't recall that being part of the dialog. The letter was about the fact that curbside recycling is not happening in Point Roberts, even though its in an ordinance. It was a violation notice. Brenner stated she remembered the committee asking for the economic information. Caskey- Schreiber stated they've been having this same discussion for two years. The contractor isn't going to provide his books. Don't keep battering this about, when they need to deal with the problems that are happening. Brenner stated the WUTC is the only place that has the ability to look at the books. She thought the letter asked the WUTC about the books. Weimer stated they can talk about curbside recycling here. That's part of the solution. Point Roberts has a very small customer base. One decision is whether the County wants one hauler up there. Other options include removing curbside recycling requirements and enforcing the law. Councilmember Crawford's proposed ordinance is one piece of the issue. There are other components of the issue the Council will have to address. He hoped to find out if there are other viable providers who may be willing to step in and provide the same range of services. However, the WUTC talked with others, and no one is interested. Brenner stated she's heard that people are interested in providing the service. They need to get information on the public record. She doesn't have a strong opinion about curbside service. Weimer stated the Committee of the Whole will discuss whether they want to reconsider its request to the WUTC to take legal action. They can change whatever recycling rules they want. Caskey- Schreiber stated that the County has no control over who the provider is. The County doesn't need to analyze the provider's financial information. Brenner stated garbage disposal in Point Roberts was never meant to be a full -time business. The previous service provider did the service as a side business. Don't assume that everything told to them is accurate. They wouldn't adopt any other ordinances or contracts without economic data. Public Works and Safety Committee, 8/5/2008, Page 2 Weimer stated deal with the ordinance, and then send it to SWAC. Brenner stated that if they solely use drop off service, increase the hours to more than eight hours per day. They have an obligation to know the economics. The contractor has to do what is in the County's solid waste plan. Nelson stated the ordinance deals with recyclables. He asked what happens to regular, non - recyclable garbage. Gibson stated regular garbage collection is done through the WUTC's relationship with the provider. The WUTC is charged with administering its relationship with the certificate holder in a way that it complies with County regulations, which now requires pickup of curbside recyclables. There is no preclusion of drop -off service in the County ordinance. Presently, there is a requirement of curbside service. Crawford stated his ordinance has an effect to the garbage hauler. It requires the hauler to deal with the recycling onsite, which affects his business operations. The present hauler wasn't necessarily opposed, but garbage and recycling affect each other. Caskey- Schreiber stated an issue is whether people will transport this stuff out of the country. Recycling hauled to Canada can be done. Recycling hauled from Point Roberts, through Canada, and back into the U.S. can be done if it's clean. The U.S. won't allow garbage to come into the country. Crawford stated that according to emails he's received, Canada will not allow any garbage to cross the border. Brenner stated recycling is not garbage. Weimer stated direct SWAC to look at all the Point Roberts recycling issues. There are issues with the lease and the facility. There are issues with curbside recycling. Another question is whether it is okay to not require curbside recycling in Point Roberts. Crawford stated he was compelled to write the ordinance because of Point Roberts residents who aren't permanent residents. It's difficult for non - permanent residents to use the service when they are in Point Roberts infrequently. Also, twice the amount of recyclables were collected at the drop off station than when there was only curbside service. There seems to be a lot of evidence that people are more inclined to use a central collection point. Nelson moved to recommend that the Council direct SWAC to evaluate the curbside recycling program in Point Roberts and determine if the proposed ordinance is an appropriate mechanism to address those Point Roberts issues. Weimer suggested a friendly amendment to have SWAC consider the entire solid waste handling system in Point Roberts, not just recycling. Nelson accepted the friendly amendment, because the issues are tied together. SWAC will look at all the issues, but the County Council can still deal with the issues individually. Gibson asked if the intent of the motion is to indicate that SWAC has to deal with all of the issues before the Council deals with any part of the issue, or if that the SWAC simply looks at the entire issue. Public Works and Safety Committee, 8/5/2008, Page 3 Nelson stated his intent with the motion is that SWAC simply look at the entire issue. Crawford stated he would like to see the WUTC hearing go ahead without the Council impeding it. The County appropriately started a process. The WUTC needs to appropriately deal with that process. If the WUTC thinks the County isn't being reasonable, it will say so. That is more information for the SWAC when it takes up this issue. Brenner stated she disagrees. She thought that the County wanted the WUTC to decide a bunch of options. She would rather discuss what they want to do with the WUTC this evening. Figure out what's best for Point Roberts. Gibson stated a pre- hearing conference is scheduled on August 18. Schedules are established and discoveries are discussed at that time. They should not deal with these two matters in complete isolation from each other. The question of whether or not Mr. Wilkowski is in violation of the County ordinance shouldn't be pursued for its own purpose. The question is whether Mr. Wilkowski is carrying out what Whatcom County wants and intends for him to carry out. The question with the ordinance is what Whatcom County wants. The course the County chooses to pursue in regard to what it wants for Point Roberts will have a bearing on what happens within the context of the hearing. Crawford asked if the County should ask the WUTC to wait until the County decides on what it wants to do. Gibson stated the County will keep the WUTC informed if there is no need for a further hearing. There is no need to spend time pursuing an academic question. The County wants to be there only to the extent that it is necessary to achieve what Whatcom County determines is best for Point Roberts. Crawford stated he doesn't mind spending a little bit of the WUTC's time. Weimer stated the WUTC will look at whether Mr. Wilkowski is doing what the law says, whose fault it is if he's not, and how they make Mr. Wilkowski economically whole to follow the law. That's where they get into the problem of only having 300 customers. The WUTC may make him economically whole by allowing him to raise his rates, to make it work with the County's solid waste rules. Brenner asked if the County can ask the WUTC for the economics of what's happening. The service is now set up as a full -time business. She's not sure about what kind of service they want in Point Roberts. She would like good, sound, third -party expertise. Nelson stated Councilmember Brenner wants an audit of the provider's budget. He's not sure if the County can legally ask for that. That is something that the WUTC works out with the provider, in accordance with what the County requires. Gibson stated he can't comment on what the WUTC will and will not release. Caskey- Schreiber stated the provider is a private business who won a contract with the WUTC. The County doesn't award the contract. The County can affect what it deems as a needed service. That's the only way the County can affect the contractual process. Nelson stated that as a committee member, he's not asking or requesting the provider's financial information. Public Works and Safety Committee, 8/5/2008, Page 4 1 Caskey- Schreiber stated she isn't either. 2 3 Nelson restated his motion to have SWAC look at the solid waste issue, in 4 connection to the recycling program in Point Roberts. 5 6 Motion carried unanimously, 7 8 9 OTHER BUSINESS 10 11 Nelson stated a constituent asked about speeding motorists on the County section of 12 Euclid Avenue. Traffic safety is an issue because it connects two urban areas. 13 14 Frank Abart, Public Works Department Director, stated the County thought it had an 15 arrangement with the City of Bellingham to install speed bumps at the same time that the 16 City installed its speed bumps. However, the City went ahead and installed its speed bumps 17 without notifying the County, so the County is proceeding with its installation process. It 18 will cost $100,000. 19 20 Nelson stated look at other, lower cost options. 21 22 Crawford stated he recently toured Paradise and Peaceful Valley. They are losing the 23 garbage cleanup battle. He's never seen it so bad. It looks like a local dump. He doesn't 24 know what to do, but they need to work on the issue. The lots include many abandoned 25 cars. Abart stated the Health Department has enforcement authority. 26 27 Crawford stated the County will have to make sweeping decisions about this area 28 sooner or later. 29 30 Nelson stated bring this issue before the Board of Health at its next meeting in 31 September. 32 33 Caskey- Schreiber stated the Kendall Watch is also very frustrated about the issue. 34 Part of the problem is that the people who have these properties. don't have any money. 35 The garbage has to be removed. 36 37 Crawford stated some properties don't have residences. They are just garbage 38 dumps. 39 40 Caskey- Schreiber stated someone has to remove the garbage, given the number of 41 kids in the area and the density of the lots. 42 43 Brenner stated the more they do that, the more dumping that will happen. The only 44 thing that will cure the problem is some sort of enforcement action that is beyond the 45 County Council. 46 47 Caskey- Schreiber stated there is nothing to do if there is no property owner to hold 48 accountable. They still have to clean it up for the sake of the neighborhood and for the 49 health and safety of the committee. 50 51 Brenner stated that if it's a health hazard, do an enforcement action, and clean it up 52 as part of County property and make it a park. 53 Public Works and Safety Committee, 8/5/2008, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Caskey- Schreiber stated the County's only option would be to foreclose and use the profits to clean it up. Weimer stated it would be interesting to know how many people in Kendall are signed up for garbage service. They can't do anything about it if they don't know who is and isn't with service. Let'Sanitary Service sign them up for service. Nelson stated Sanitary Service and other haulers will then ask for increased rates. (Clerk's Note: End of tape one, side A.) Crawford stated there is something called a pre- deprivation hearing. It's like a negotiation to work with the property owner. Have the Council walk through the streets with the Health Department to grasp the huge scope of the problem, and have staff explain what the County can and can't do. Caskey- Schreiber stated also start the foreclosure process on some of the abandoned lots, which they've been hesitant to do. ADJOURN ThexReetin adjo ned at 2:20 p.m. V_ Jill Nixon, M utes ranscription na sVrr -ewvv cq SyN Gt0 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barbara Brenner, Committee Chair Public Works and Safety Committee, 8/5/2008, Page 6